SUPREME COURT.

Daily Telegraph (Napier), Issue 4908, 7 May 1887, Page 3

SUPREME COURT.

THIS AFTERNOON. W. B. SCOTT V. BOROUGH OF HASTINGS. The case was resumed at a quarter past two this afternoon. Hopkins re-called by Mr Bell: Knew Mr Wellwood, Mayor of Hastings. Did not remember having told him that Mr Scott would not make anything out of the contract. Did not remember having told Mr Wellwood that he (witness) would try and induce Mr Scott to give up the job. William O'Neill deposed he was a laborer, residing at Hastings. Knew Mr Scott; worked for him on the contract in Hastings. Was employed as a_ ganger. Was such whe;i they got into bad ground. Reoollected when they got into bad ground. Eemembered when 30ft of bad ground was opened. The opening of the ground was finished towards the evening. Worked at that ground, and helped to clear the bottom. On the second day there was nothing to have prevented the concrete being put in. The next day worked on the same spot and if the concrete had been allowed to have been put in, there was nothing to have prevented it. Was present when the concrete .was put in the following day. Worked for the Board after the contract had been thrown up, in the same capacity. Between pegs 19 ■■ and 14 was bad ground, and after the Board took it over, they opened the ground by two chain bits, more or less. TJsed to put the concrete in as soon as the ground was ready. The concrete work was much thicker in that particular part than in the rest. Some of the ground was already excavated when the Board took it over. Previous to that the work was delayed through want of timber. Could not say how many chains Mr Scott used to be allowed to do and complete at a time.-' Received an increase in his wages after Mr Scott left, and the wages of some of the other men were also raised. Knew what was called as Egan's end. Was working there one day with his gang. It was very good ground. Worked in the part of the town drainage all up Nelson-street. In that part believed Mr Scott's plant was used ; the timber was also provided by Mr Scott. The plant was lying by the Protestant Hall, as was some timber.

To Mr Bell: The ground where he worked was very bad; had got somewhere about peg 19 up to the 26th July. Remembered being delayed for want of timber before the 27th July. It was necessary where he was working that the banks should be timbered. A good deal of timber one inch thick was put in, but that did not meet the requirements of the work, as the banks fell in. Put in timber about one and three-quarter inches thick, and that held. ■Remembered tLat they were short of timber on the 26th July.

Fairfax Fenwick deposed he was manager of the Colonial Bank and plaintiff's banker. Had an interview with Mr Rochfort on the 26th in reference to the contract. Mr Rochfort gave him to understand that he was satisfied with the manner in which the work was being carried out. Owing to deep , ground in which they were working, Mr Rochfort considered it advisable to keep back £400 of the money till Mr Scott got through it. He suggested that as he would not give a certificate for a large amount of the front part of the work, that work had better ceaso for the present. To that Mr Rochfort objected, as the wet season might come on at any time and the work should be pushed. Had another interview with Mr Rochfort on the 28th June, Mr Rochfort said he was sorry for what he had said on the Saturday, he -would have to give Mr Scott notice to cease with the contract a few hours afterwards. He then went on to say thathe had been dissatisfied with the mode of the carrying on of ; the contract for a long time past, and that he considered that the only way to bring things to a head, was to give Scott notice. That was all that took place on the 28th inst. Mr Rochfort told him on the 26th thathe was keeping back £400. To Mr Bell: Mr Rochfort gave him to understand that he was dissatisfied with the manner in which the work was being carried

on. To His TTonor: Understood that Mr Rochfort was keeping back the £400 till Mr Scott was through the bad ground. Alfred Lipst deposed he was a laborer, and employed by Mr Scott on the contract. Was employed after Mr Scott gave up the work to the Board. Was employed in_ excavating. Remembered seeing some silt in Egan's end. Could not say how that silt got in ; thought it got in from the end of the drain; Could not say how long it took to get the silt out. Thought, it could be got out in a week or two. Could not say how-far the silt got in. Saw Some centres being made before Egan's work was completed ; between nine er a dozen, and made out of new timber. Did not think the centres were needed for completing the work at Egan's end. The centres were afterwards used in the town drainage. Robert Wellwood deposed he was chairman of the Hastings Town Board at the tinie of the contract. Remembered the. Board taking over the contract from Mr Scott. Had conversation with him at that time with regard to the contract. He asked him what arrangement had been I made with the Council in ; reference to the contract. Told him that the individual members could do. nothing, nor could they do anything without Mr Rochfort's vouchers. Might have told- him that if there -were any moneys remaining over after the contract had been completed they would be handed over to him. - v '[Left Sitting.]

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