MAGISTRATE'S COURT.

Marlborough Express, Volume XLII, Issue 246, 16 October 1908, Page 8

MAGISTRATE'S COURT.

CIVIL SITTING

Edward James v. Thomas Giles, -claim for £4 18s. Judgment tor plaintiff by default with costs 7s. George Wmdlobum v. Frank Campbell, iudgment summons case, pere, 5i appearance of defendant and an order was made for the payment of the amount (£2 15s) forthwith, m default six days.' imprisonment, .;.

. MEDICAL FEES. - Dr Pentreath proceeded against Arthur Francis Jarman for the sum of £1 15s, for medical attendance in ' May The question was whether defendant(fo? whom Mr Churchward appeared) was liable for the amount 2F question. The facts as stated by . Sr Pentreath in Ins evidence were Sat he (witness) had attended - defeidant atlleriwicktown, for which visit ,4feWi charged 30s, and that defendfrom defendant to act in the case but Shen. attendhig dctendai^. he had not made any mention of that lact. veiendant had afterwards come m o£ hu own accord to consult witness. •Arthur Francis Jarman stated that at the time that he was attended to Tw Dr Pentreath he was in the employ s£iS> Bary and San at Bjnwicktown. Witness then gave details ot 1 aS explosion which ,had occurred of iniured having fcome of his ribs Daaiy iurt and broken. Mr Bary had said that he would take him into the doctor if he were able to go, and if not he (Mr Bary) would get the doctor St. The next day no Joctcrcame 'and witness was unable to move, so he sent, a note np to Mr Bary to this elect, and Mr Bary got Dr Pentreatn out and the doctor attended to him. Some time afterwards witness, acting <m the doctor's instructions, went into , town to see him. He was away from • woT-k (or two weeks altogether and Mr Bary «id not stop his wages and he received some money from the Accident Insurance Company. He received no further information about vho case until he got an account from Dr Pentreath, which witness sent back again, referring the doctor to Mr Bary for settlement. _ The Magistrate said that Dr Fentreath had nothing to do with Mr Bary in thi* case. To witness: Did you ask Mr Bury to pay this account^ * Witness had not done so as Mr Bary had said that he would be put to no 'expense in connection, with the •accident. Ho thought Mr Bary had paid the account. He (witness) had fiot asked Dr I'entreath to come out at all. J. Bary said that on the morning after the' accident he was on his way to church when he met defendant s little girl, who had half-a-crown in her hand, and she asked witness touring up the doctor for her father. Witness tried'to do so, but its beijig Sunday the telephone bureau was closed, so acting as defendant's agent, he sent ' for the doctor for him by Mr Tapp. Lewis Tapp "gave evidence as to- being asked by Mr Bary to ask the doctor to come out from town. Judgment was' given for plaintiff for the amount claimed with 13s costs. A QUESTION OF WAGES.

William Porter "(Mr Conoily) sued Alfred George Manthell for wages due at follows:—For 6*-days' at 22s 6d a day for self, three horses and a sledge, £7 6s 3d; for 25 days' work, £28 2s 6d and 8s fcr cutting a ton of flax, making a total ot £35 17s 6d less £20 paid on account, which left a balance of £15 17s 6d. A counter claim was entered by the defendant in the action for the recovery of £3 9s 9d, overpayment made on account to plamtift. Plaintiff save evidence as to the -work he-.had"done at the mill and the ■conditions of employment. Joseph Arthur Andrews, who was manager of Mimthell's flaxmill, gave -corroborated evidence. Witness was subject to a long crossexamination" hv Mr Churchward as a result of vhich, among •other things, was elicited the fact that there was a discrepancy of about £5 in the amount fox which Porter sued as set forth inthe statement of claim and the entry in one of the manager's account books. ■ Mr Conoily said that he was willing to reduce the claim to £10 18s 6d. The Magistrate asked Mr Churchward if he would accept judgment against his client for the reduced amount. Mr Churchward would not. and the ■case was adjourned till 2 o'clock.