Tuesday, 3 May, 1955. The Court resumed at 10 a.m. MR WANSTALL: I have four affidavits available, and the deponents are available for cross-examination. The affidavits have been filed, and I ask leave to read them. They are the affidavits of John McGeorge, John Wallace Metcalfe, Allan Thomas Stacey and Aubrey Imrie Panton. The last two are newsagents who deposed to the actual sale in their shop. As to the affidavits of John McGeorge and John Wallace Metcalfe, only one engrossed original has been filed in the matter 0.S.C. No.3 of 1955 and consequently has only that title on it. I ask leave to read it with each of the other two matters. The affidavits of the two Brisbane deponents have been prepared on the basis of one for each of the matters. THE CHIEF JUSTICE: Leave to read the affidavits is granted. (Mr. Wanstall then proceeded to read the affidavit of John McGeorge.) MR HART: At this stage, I object to any evidence given by this doctor which depends on hearsay. THE CHIEF JUSTICE: Any expert's evidence is very largely hearsay evidence. A doctor who is giving evidence on some matter of expert knowledge, gets his information from not only his own experience but textbooks he has read and lectures he has received from the University. MR HART: But then he swears to issue in the case later. I take the objection now so that I can argue the point afterwards. I shall be objecting to anything that is not legally admissible evidence. MR WANSTALL: I appreciate the position. Of course, I know what is coming in the affidavit, but I an in the position of answering other witnesses who have sworn to issue. The Court has not decided what it is going to do about that, consequently I have included in the affidavits matters that the Court might ultimately eliminate. I read the affidavit of John Wallace Metcalfe. (Reads) MR HART: I take the same objection to this affidavit in relation to swearing the issue. MR WANSTALL: I read the affidavit of Allan Thomas Stacey. (reads) I read the affidavit of Aubrey E. Panton. I call Doctor John McGeorge. JOHN McGEORGE, sworn and examined: BY MR WANSTALL: Your full name is John McGeorge? A: Yes. 146
The 1955 Romance Comics Trial
