SUPREME COURT.

Manawatu Standard, Volume XLI, Issue 8541, 23 March 1908, Page 6

SUPREME COURT.

"PALMERSTON-SATimDAY.

* CBefore Mr Justice Cooper.)

BREACH OF A DEED OF APPRENTICESHIP. The hearing of tho case in which Albert Henry Argyle claimed damages for alleged wrongiul dismissal from Nathaniel Malcolm was continued on Saturday afternoon, The addit lO nal ovidonce was as follows: — Dr. Martin stated he had first seen young Argyle about four -y° arß *SO- Ho suffered then from epileptic fits. These were, however,, becoming less frequent as tho boy grew older. He had been told by the boy that the last fit he had was in September last. When witness first commenced to treat him, he had them once a fortnight. The boy always had warning when a fit was coming on, which was sufficient to enable him to get away from danger. To Mr Harden: He considered that any epileptic could learn tho trade ot cabinet-making or carpentering. When the fit was on him he was quite incapable of doing anything. Some epileptics were quite unconscious while others struggled. He did not consider an epileptic should work among machinery. ; , r , , , John Griffin, foreman at Malcolms, was called to give evidence for the defence. He stated that he had known the apprentice to have three fits When tho first fit came on the boy toll backwards and did not cry out or give any warning. Tho second fit came on two or three days after. As far as witness could see, tho third fit came on him very suddenly, and he seemed to fall straight backwards. In Mr Malcolms absence, ho had instructed tho boy to keep awav from the machines, as he considered* that he was in danger of getting hurt. It was not possible to teach tho boy cabinet-making in Mr Malcolm's establishment without, allowing him to use the machinery. Arthur Sootnov, cabinet-maker at Malcolm's, stated ho had seen the plaintiff take several fits while at his work. They appeared to como on suddenly, and tho boy just fell backwards. Charles Pyke, in giving evidence, said that he had worked as a cabinet-maker for six years. He had seen Argyle take a fit on several occasions. On one occasion he fell straight back when he was seized with a fit. This happened in the machine room. Nathaniel Malcolm, defendant, stated that ho was away when the boy's fits took place. On his return the occurrences were reported to him, and he told his accountant to write to the boy's father informing him of what had taken place. Mr Argyle camo down to see him and he (•witness) suggested that the indentures should be cancelled, and tho boy given the carving to do. The boy had no bent for cabinet-making, and was wasting his time at it, He offered to give tho boy a shed at tho back for a few shillings a week, and give him all his carving, besides which he could do as much outside work'as ho liked. Witness could not teach the boy cabinetmaking. At carving he could make between £3 and £4 per week. John I-lalpin,, accountant for Mr Malcolm, gave corroborative, evidence. He said Mr Argyle told his son that it wai a good offer, and witness thought it had been accepted. His Honor, in delivering judgment, stated that tho boy was placed in a most unfortunate position. No one know when the fits were coming on, and the boy was running considerable danger. It was not so much a question of whether the boy could learn the trade without machinery as of the lad's safety. It was a case in' which plaintiff, by an act of God, was relieved from his covenant. Ho did not at all disagree with tho position taken up by the magistrate when the case was heard in the lower Court. In this case, by the act of God, tho boy was in such a position as to permanently incapacitate him from learning the trado. For this reason he was very sorry to have to decide in the matter. It seemed to him tho defendant had acted with consideration. It was altogether unfortunate for the boy. Judgment would be given for defendant, without costs.

IN DIVORCE. Annio Gore (Mr Harden) applied for a dissolution of her marriage with John Goro on tho ground of adultery. No defence was made. Annie Gore stated that she had married respondent in 1899. They went to live at Foxton. Three years ago her husband left her and had contributed nothing to her support since. He had returned once during that period, and knocked her about considerably. This made her seek the protection of the Magistrate's Caurt. She had three children. Arthur Brower stated that ho was a private detective, and bad been engaged by Mrs Gore in 1906 to watch her husband, who was working at Makerua. Ho carried out his instructions and followed respondent to Wellington, to which place he went accompanied by a f ' woman who was not his wife. Witness related what ho had seen at a boarding-house there, where (respondent had stayed. Subsequently he returned to Shannon and saw respondent and the woman go to a ball together. His Honor stated that sufficient evidence had been given, and granted a decree nisi, to be made absolute at the expiration of three months, petitioner to have charge of the children.