THE DAY'S PROCEEDINGS.

Wanganui Chronicle, Volume XLIX, Issue 12636, 25 October 1905, Page 8

THE DAY'S PROCEEDINGS.

By Telegraph

(By Our Special Reported-.)

WELLINGTON, October 24. The investigation of the morning in the Supreme Court was a tedious unspontsmanliba hunt for the missing voucher. After Mr Skerrett had examined his witness, Ma' Grey, of the Defence Office, devoting a useful ten Krnuios to tho same, Mr Jeilicoe took siim up by way of cross-examination, and started the missing voucher for him to hunt. His object was, of course, to show that there might be loopholes in the system of keeping accounts through which a voucher might escape, leaving not a trace behind. If he could prove an imaginary voucher to have got through that was the iroad of Willis's voucher. It was quite surprising that foe put that unhappy voucher through so many turns, doublings, and windings. The Court got tii'ed severa 1 times, was| in fact, tired very early, and like all people who cannot have their own way at the very time they want it and the very way, the Court was very often angry. At such times the demeanour of Mr Jellicoe bordered on the ridiculous when it dad not border on the sublime. The presiding judge found a name for it by telling Mr Jellieoe that his remarks at one point were an impertinence. The first occasion on which the Court and the counsel came into collision was when the latter was drawing his witness on the subject of the change in the system of auditing the Imperial accounts of monies paid to New Zealanders. The counsel was labouring the point, making heavy weather of the chase after that much-sought voucher, splitting straws all the time as he !a-" boured, "making insinuations as is his wont and the wont of all counsels who : fight an uphill fight against an enemy well prepared. The Judges were observed to 'be looking up at the clock with just a shade of impatience, such as is permitted to the bench when the bar begins to demonstrate that the law is not always the perfection of human wisdom. At last there was an explosion. " You are seeking to prove, Mr Jellicoo, that the system of auditing these Imperial moneys was charged at 1a certain date from pro audit to post audit. I remind you that that was proved yesterday, and that there is no use in proceeding further in that direction." The counsel smiled superior, assumed a tone of affability, extended his arm in a patronising attitude to the witness. "_. Don't answer the question, please, until their Honours say that you may." Judge Denniston descended upon him sharply, reminded him that he must not waste the time of the Court, roundly insisted that the very fact of his addressing that warning to the witness was proof that he was transgressing the ruling of the Court and knew it. Mr Jellicoe was blandly unconscious of any expression which could have excited the displeasure of the Court. He had said "your Honours," and if that were an expression derogatory to the Court or in any way insulting he had yet to learn it. The President couldn't believe his ears. He fiercely asked him what expression it was that he referred to as Jiaving been asked hy the Court to withdraw. " The expi"eesdon 'you Honours,'" repeated Mr ••Jellicoe,-with the calmest smiling front. " Sir, you are guilty simply of an impertinence," said the Court in its very bitterest tone of severity. " None was intended, but if your Honour thinks so I am very sorry." "You say 210," interrupted the Judge, throwing himself back in his chair and telling the counsel to proceed. Not long after this episode came another and the climax was reached. Mr Jellicoe, in his hunt after the missing voucher in its ! course through various departments, arrived in front of the Imperial Pay Office in the Colony. He lapsed into facetious Tein. " What a wonderful label this of the Imperial Pay Office." He had a multitude of questions to ask about tk's wonderful label, waxed infinitely funny over the label, badgered the witness, who could not understand half of what he said about the label,, the Judge all the time watching him with twitching mouth and restless air.' Presently the climax came. " When was it painted this wonderful label?" he fisked the witness. Down came the Judge upon him with a sharp demand of the meaning of tos remark. Mr Jellicoe referred to the title painted up outside this wonderful office. That (remark, his Honour thought, conclusively proved that Mr Jellicoe wanted to delay the Court, and was systematically trifling with the Court." If this sort of thing continues the Court will have to take some very strong measures for putting an end to it. Mr Jellicoe was to take this as a last warning. Mr Jellicoe needed no warning, begged the Court not to worry on his account, patronised the Court with soothing words. The Court repeated its warning in sharp tones with much sharpness, and Mr Jellicoe calmly said, " I am not at all intimidated." The Court said the language was insulting. " Your's to me is," retorted the counsel. " Hold your tongue," shouted the Court, " when the Court is speaking to you, and understand that the Court is determined to prevent any further waste of the Court's time such as you caused yesterday and are causing to-day." A

pause, which Mr Jellieoe fillad in with a slight blush. "Proceed with your crossexamination," and the ihunt after the aforesaid voucher was leisurely resumed, tho counsel bowing " with pleasure." Tho object of the cross-examination was to prove that it might be possible for vouchers to go astray and be lost sight of for a long time. The witness, Mr Grey, of the Defence Office, who stood the iire all day witih the coolness and wary imperturbility of a veteran, was kept going firom one book to another of all the books which Mr Skenrott hud on the day before indicated would be at the disposal of the other eide under the direction of the Coitirt, until the Court, wearied out, took a hand in the game, finding; many short cuts for the weary and badgered officer. At one time Mr Skerrett objected that the hunt was being carried back further than the order of reference permitted, as that was limited to the period of Captain's Seddon's service to the forces. Dr Fiudlay here intervened, intimating that to prevent any misunderstanding or waste of time (in searching he would produce every voucher in that Court which had ever been paid to Captain Seddon during his period of public service. By dinner time the energetic counsel had succeeded in proving that tho Defence Department, when it gets a voucher addressed to it in error when meant for some other Depaxtment, scuds it to that Department without any intimation to the certifying officer who has passed the same and without following up its course during the vovoge between the two Departments. The voucher may be in an envelope or it may not; tit may be the subject of a covering letter or it may not; it may repose vn pigeon holes or it may he in more secure places or in less; the final point being that if the Department made a mistake and took as intended for another Department some voucher intended for itself then would the Defence Department lose sight of one of its own vouchers, but there was no attempt to show that this voucher payment would <not be recorded in the otter Department or in the Treasury bookes. There was a great fuss about the abstract book and about the cash imprest book, the said voucher going through vast mazes. In his passage through these two it appeared at last that a dishonest person would not enter til© voucher in either one or the other, and that if ho then wanted the money without leaving a trace of his passage through the Treasury he would have to forge a cheque, but ihow the record of tfoe forged chequ© was to be kept of the bank's books deponent said not, and enough was not asked to say at a given moment. Mr Jellicoe demanded what there was on a certain date in one of these boo^s, and on the Court asking him why he fixed on one date rather than upon another when merely seeking illustration instances he said shortly he would tell their Honours that later on. The Court, after the examination on that line, had run on some time longer again, asked the question. This time the counsel said he would not give the reason. " Very well, the Court would place its own reason upon the course adopted at the proper time." This reference to the strong mea.su res the Court intended adopting against the further waste of time and the threat somewhat shortened tho proceedings on that 'line. There waft a great deal of sparring and. wriggling and probing and pressing about the officers and other authorities charged with the duty of approving and certifying, chiefly with ia view to get out of a position in which the Defence Minister and Captain Seddon might figure alone, the one as oertifyer and the other as payee, but no such position appeared; also a long weary time was devoted to getting at the way in which imprests on Imperial account might get through moneys without leaving any trace, but the steadfast witness always showed the traces unmistakably everywhere. Mr. Grey said he had made a search in the books of the Department, and | failed to find any trace of a payment ( to Captain Seddon for reorganising Defence stores. He did not; think a forged voucher could be passed through urless all the officers acted in collusion, and even then it would event ially be detected.

There_were several heated controver-sies-during this witness's evidence between tho Bench and Mr. Jellicoe.

Frederick Silva, acting Defence storekeeper, said there had bcoa no reorganisation of stores during 3903 or l? 04. No payment was ma to to Captain Seddon for services ;n comiectiair with Defence stores.