MAGISTRATE'S COURT.

Nelson Evening Mail, Volume XXIX, Issue 122, 25 May 1895, Page 2

MAGISTRATE'S COURT.

[Before Mr. H. W. Robinson, S.M.] Tins Dav. Charles J. Mi lis v. G. G. Butcher. This was a claim for £5 being half commission on the sale of the newspaper Takaka News and plant alleged to have been effected through the intervention of plaintiff. Mr Harper appeared for the plaintiff, and Mr Harley for t'.ie defendant. Char'es Mi lis, Commission Agent, deposed that he wentto Takaka about the middle of Jauuary to find employment. Witness had a conversation with Mr Butcher and he (Butcher) promised to be responsible for bis board for a day or two and witness went to work for him. When witness left, Butcher said he was sorry that he cou d not give him (witness) any \ money adding that, he wished to sellout and if he (witness) could find a purchaser he (Butcher; would make it worth his while Eventually defendant agreed to try to find a purchaser. Butcher said he wanted to get out of the place, Witness spoke to a Mr S, G. Robinson about purchasing the paper on several occasions, telling bim the probable pro fits of the paper. Robinson sniil there was some talk of an opposition paper starting in Takaka to which witness replied to the effect that there was nothing in that. Witness saw Robinson several times during the time he (witness) was working for defendant. He heard of the sale of the paper to Robinson and Hayes (a solicitor at Takaka) after he had come across to Nelson. Witness then demanded commission on the sale, but { defendant replied repudiating tbe claim Witness had taken the present proceedings and asked to have the case heard immediately because he had heard that defendant intended to leavo the colony. Cross-examined : Witness said he had had a place of business as a commission agcot in Hardy Street. He was not in a large way of business. He had walked to Takaka before he first met the defendant. He had been hop-piokini: for a day anil a half at Takaka. Witness had intended giving an entertainment, but the weather prevented its being held. He ' denied that he was to give anything to defendant out of the proceeds of the entertainment. Witness admitted that he slept in the printing ollice, He knew that Mr Robinson and defendant were acquainted Witness aid not take defendant to Mr Robinson to introduce him as a probable purchaser, but told defendant that Robinson would be a likely purchaser, to which defendant replied that he was surprised at that, as he thought Robinson would be the last man lo purchase, Ultimately upon hearing that the paper had been sold witness wired " collect" congratulating Mr Butcher and asking him for some assistance. Mr P. Topliss stated that it was the usual practice to pay commission to an agent who introduced his to principal to an ultimate purchaser. Goorgo Girling Butcher, the defendant, deposed that plaintiff went to him at Takaka, and asked for employment. Witcould not then give him anything to do, but knowing him to be an elocutionist, ho assisted him in getting up an entertainment. Witness undertook to pay for plaintiffs board for a timo, and also allowed him the run of his (defendant's) ollico, eo that he could print some tickets. In order to help Millis further, defendant got an employee of his to take a holiday so that he could tako Millis on for a limo. Witness paid Millis 375, gave him meals, and allowed him to sleep on the printing ollice premises. It was common talk iu Takaka that he (defendant) wanted to sell out, aud ho denied having in any way put the selling of the paper in the hands of plaintiff It was true the paper had boen sold, Mr Sam Robinson being the piuchaKer. Witness knew Mr Robinson well. The amount of the purchase money was £15.. It was subsequent to the sale that defendant ascertained that Mr Hayes had an interest in the purchase with Mr Robinson. Cross-examined : Defendant denied having spoken to plaintiff about Mr Robinson as a purchaser. Nor had he spoken to him about about Mr Hugh Page as a probable purchaser. Defendant denied altogether having nskud Millis to find him a. purchaser. Defendant had made the paper a financial success having managed to live and pay oil" heavy expenses. Ho was leaving the district in order lo procure education for his children. He did not believe in the present State system and wanted to put them to a Catholic school. Without calling for further evidence His Worship gave judgment for defendant with costs, £1 Is.