A "Breeze” in the R.M. Court.

Gisborne Standard and Cook County Gazette, Volume V, Issue 650, 22 August 1891, Page 2

A "Breeze” in the R.M. Court.

WAIROA LITIGANTS IN GIBBOBNB. A BimutunnE discussion arose at the Com I on Thursday morning, in the case ot Ramlose v. Steele (a case which had been adjourned from Wairoa). Mr Sainsbury appeared for plaintiff, and Mr L. Beas for defendant. Mr Sainsbury stated that ths bulk of the case had b en settled by ths result of the Supreme Court action between the same parties, but a small amount still remained in dispute, and as one of the witnesses was at Wairoa he asked for the matter to be adjourned book there. The application was opposed, and it appeared that there had been some misunderstanding between the parties.

Mr Steele was allowed to make a statement, from which it appeared there had been misunderstandings all round. There had been a mixing of the different oases between the various parties, a mlsapprehenslon between Mr Stee'e and his solicitor, and a misapprehension between counsel, from which there was naturally a tog in the atmosphere so far as the general public were concerned. Mr Steele had telegraphed to Mr Sainsbury, who had replied refusing to deal with anyone but the solicitor. The collect telegram sent back cost him 17a fid. Mr Sainsbury (joyfully) : I am very glad to hear it—very glad indeed I Mr Stee'e: Oh, it will form part of thfi costs of the action.

Mr Sainsbury •• We'll see 1 Mr Steele confidently left this phase of the subject at the stage reached, and went on to give a further representation ot his own side of the case, saying that he was prepared to go on with the case, and stating positively that he knew that all the plaintiff's witnesses were in Gisborne, Mr Sainsbury : That Is not true I Mr Steele : You’ll Mr Sainsbury (rising): It is not true, Mr Steele, and you know it 1 Mr Steele said Me Sainsbury would have his turn presently.

Mr Sainsbury appealed that His Worship should not allow this sort of thing | while the audience seemed to relish the unusual proceedings, Mr Steele said in the meantime he would say the witnesses were here, subject to correction, and he was sailing into the subject in a very warm manner, as'if he were just in the heat of a rally on the opposition camp, when His Worship sharply called him to order, and said ho would not allow that sort of thing there—Mr Steele should try and keep his temper. It was only a waste of time allowing such disouseion, 'Mr Steele said he was sorry to have any discussion whatever on the subject* It was a pity it was not in writing, and then there would be no need for this argument, Mr Rees applied that the ease be struck out if the other side were not prepared to go on.

Mr Sainsbury objected. Rather than there should be a nonsuit, or the case be struck out, they would go on and do the best they oonld with the witnesses they haff there, but seeing there had been a derstanding, he thought the case should be adjourned to Wairoa, where it ought to be heard.

There seemed no way out of the difficulty for some time. It appeared that the defendant did not object to the adjournment, so long as his witnesses were paid their expenses. Mt Sainsbury doubted if defendant had brought any more than were necessary for the Supreme Court action, The defendant said he had, Eventually he was asked to point out the names of those summoned who had not been called for the Supreme Court, After looking at the subprcias none could ba found. The defendant's counsel then claimed the difference between ths mileage, (ninepenae per mile being only allowed by the Supreme Court, and one shilling by the R.M. Court,

Mr Sainsbury said it was difficult tor him to conceive the motives that prompted some people coming to that Court—they seemed to forget that it was a Court of equity, Asking for the difference ot Rd in the mileage ratal Ha did not suppose anybody would have thought of it but Mr Steals. He—[here Me Sainsbury gave a meaning quia at some of the witnesses in Court]—would like to know what the witnesses themselve, would gay to it, Well | if they wanted it he would make it a present to them out of his own pocket I [He looked round in an inviting way, encouraging any skinflint to come forward, but there was no response, and the prospect of seeing the silver scattered round before the general public was not realised.] finally an arrangement was ooms to that the case be adjourned on payment ot * solicitor's fee of a guinea, and the curtail, was, sc to speak, drawn on a scone that was quite a novelty in the Gisborne Court.