RECENT COURT EPISODE.

Stratford Evening Post, Volume XXXIV, Issue 23, 20 September 1912, Page 6

RECENT COURT EPISODE.

Mil. MALONE TAKES FURTHER ACTiON. When the adjourned judgment summons case,- wnieii was tiio eause of the raceiic oouro opcode, was cabed at tno Court, before Mr. Yv. C K. ivenr;ci£, M M., tins morning, Mr. Maione and addressed the Court as follows: -lour vVorsmp uiil waiember tliat m this matter tnero is something guito apart Horn Clio mere examination of tni'S debtor, for whom I am appearing, "i'lie matter, I regret to say, is to me of serious importance, inasmuch tnat, 1 navo rigiictv or wrongly summed up that Mr. Spence, tor the judgment creditor (having made a statement, wliich was derogatory to mo as a professional man, and as an officer of cms Court) withdrew after some delay that reflection, and put in another statement, winch, *to my mind, rightly or wrongly, was the same thing that he had said before, and was a very serious rejection on mo and on my professional integrity. 1 think quite rightly that my proper course was not to oancly words with him, but I appealed to you as president of this Court. iou had ruled on a previous occasion that Mr. Spence was in error and lie withdrew las statement His Worship: That is disposed of, Mr. Maione. You don't want, to go over the matter again? Mr. Maione: No, your Worship; I am of opinion that it was a most serious reflection upon me, and 1 would like to make my statement of the facts.

Mr Maione then went ever the v.hole question. He pointed out that the course of an examination should be confined to the business of__the - judgment debtor since the date of judgment. Mr. Spence had examined the debtor on matters prior to the date of judgment, including the amounts of certain mortgages. Judgment debtor had only come prepared to answer questions on business transacted since the date of judgment, and, consequently he (Mr. iVlnlone) had. fr> s-ive the time of the Court, supplied the

"•nouH'ts. Again, ne nad aspect wiien Mr. Spence continued to refer to t.T 1 mortgages, "is that relevant?" and Mr. Spence had rejoined that he (ivir. Maione )was trying to "baulk a judgment summons."

Mr. Kenrick expressed that he would not have accepted Mr. Spence's withdrawal had he thought that there was any reflection in it upon Mr. Malone. He held-there were no reflections on Mr. Maione, and he thought this opinion would be held by all those who wore in the Court at the time, and therefore he had accepted the withdrawal. . .

Mr. Malone said; he was very glad to hear Mr. Kcnrick's so emphatically expressed opinion. "Do you ask Mr. Sponoe," he said, "and'Mr. Spence eanr very .readily say it, T meant no' reflection on my friend?'" Mr. Spence: I think it is about time I had a word. I say, sir, you have given your ruling, and I bow to your ruling His Worship: I must decline to ask Mr. Spence anything further on this matter. " If you want anything more, you must ask Mr. Spenco yourself, ami ne will give it to you if he thinks tit. Mr. Malone, turning round towards Mr. Spence, as the latter was leaving the Court: "Did you mean to l'efiect on me, Mr. Spenco ?" Mr. Spence retorted that he declined to answer anything, and left the Court.

Mr. Malorie then stated that he regretted very much that he was forced bo take the step that lie was going to do. "I have to thank you 1 sir," he added, "for the way in which you have treated me in the past—l even thank you for the way you are treating me now." His Wbr-ship: I very much regret to hoar it, because The sentence was not finished, and the Clerk of the Court proceeded to

call the next case. Later on Mr. Duff appeared for judgment debtor, and Mr Stanford replaced Mr. Spence, the case being adjourned.