ELTHAM.

Hawera & Normanby Star, Volume XLVI, Issue XLVI, 5 March 1914, Page 4

ELTHAM.

(From Our Own Correspondent.) MAGISTRATE'S COURT.

WEDNESDAY

(Before Mr W. G. Kenrick, S.M.) CIVIL CASE. Judgment by default was given in the case of F. J. Curtis v. Skip worth, £3 3s lid, costs 10s. TERRITORIAL CASES. A. Krews, G. F. Crews, and John Matthews were each fined £3 and 10s costs for not attending parade; in default 14 days' military detention.

A SHARE MILKING CLAIM. R. E. Williams sued Martin Walter Barker for the sum of £69 Es, on five causes of action; namely, putting down concrete and repairing fireplace, 15s; bonus, £10 4s 2d; share in" 18 weaner calves, £5 8s; share in pigs, £17 os; claim for wrongful dismissal, £25; difference in price received for calves s» X' £7 10s. Mr Spence appeared for plaintiff, and Mr Weir for defendant. Defendant put in a counter claim for £21 —£8 for completing stumping, costs of planting and attending to three acres of crop, man's wages at 10s per day, £5; cost of obtaining new milkers, £3. The cross-examination of M. Barker was continued from last Court day by Mr Spence. Witness said that Williams came to bim on the Sunday and said: "What are you going to do, Mr Barker?". 1 replied, "If you are not going to do the work, I'll have to get someone i else." Plaintiff had engaged men to assist him who were coming on the following Tuesday, and he (plaintiff) wanted to know whether to stop them or not. Took the calves to the sale, but did not sell them; took them.back i to the farm, and most of them were grazing there now; took them to the sale to find out the market value; would have sold them if there had been another bid; did not think he ever said to Williams that he (witness) had bought them himself. By Mr Weir: If he had bought the calves at the sals they would have realised 25s 3d. The" price agreed upon for the pigs between "plaintiff and defendant was £17 10s, and plaintiff knew who was buying them. There had been no-settlement of the pig account with the present sharemilker. J. C. Hobbs (auctioneer) gave evidence that he put calves up for sale for Mr Barker in March last. There were two lots —heifers and steers. Was offered 26s for the heifers and lis for the s+eers. Tried to induce Barker to sell them, but he wouldn't. He wanted 30s for heifers. The saleyards were often taken advantage of to find out the market value. Did not think it was fair to the auctioneer. Donald McLeod gave evidence that Slaintiff had told him that if defendant id not dig the carrots he (dlaintiff) was not going on with the job; he would finish up on Sunday. Defendant came to witness and asked him if he would come to work for him. Defendant said ?iot to start too early in case plaintiff altered his mind. Went to milk on Monday morning, and plaintiff told him that if defendant agreed to dig the carrots he would go on with the job. W. Wishnoski said he remembered nlaintiff coming to see bim on the 2nd September, and asking him if he had rcot Barker's shed, and stating that if he had got it he would have a real good shed and a good boss. The only difference plaintiff had with defendant was about the digging of the carrots. The counter claim of M. Barker v.' J. Williams was then gone on with, and the plaintiff (Barker), S. R. Farquhar and T. Huckslip were examined as to the value of the work that Williams was supposed to have done, and which was paid for by plaintiff. At this stage the Court rose, and the case was adjourned till the 18th met.