THE SANDWICH ON TRIAL.

New Zealand Herald, Volume XLIX, Issue 15002, 25 May 1912, Page 5

THE SANDWICH ON TRIAL.

SPECIAL PRICES FOR RACES.

Tins "sandwich case," in which. Messrs. Timothy O'Connor and \ John * Sinclair sought to recover the sum of £40 6s from Harry H. Hayr for 200 dozen sandwiches supplied to the 110 men of bis totalisator staff, was concluded at the Magistrate's Court, before Mr. C. C. Kettle, S.M., yesterday.; '. " . , : .. .; , Additional evidence for the defence was j given by a member of the totalizator Btaff, who said that he did not see- any of Sin- > cla.fr' employees replenish the supply of : sandwiches. This concluded the evidence, j and Mr. Kettle proceeded to give his decision. . ' . , . / ■■.„■.: 'V v ■■;_■:."" ■•- v. The case, he said, was a wretched one,„ occupying the attention ;of : the Court' two days when it might have been avoided by a few strokes of the pen. He bad never before, in the whole of his-22years', experience, been called upon to ' decide what was a fair charge for a sandwichWitnesses employed in the totalisator Bad seen, no replenisbingof the supply of sandwiches; but they may have; been very busy or may have, been, too ' engrossed in whetting their appetites with a sandwich they had obtained from the first supply. The onus of proof lay with the plaintiffs to show that-200 dozen sandwiches had been placed ~-f before the totalisator staff. They had'the evidence, which •he'* had no reason to doubt, of the men who had cut and j delivered • the sandwiches* and replenished the boxes ; also, the evidence of witnesses to show that a certain number of loaves had been set aside for making the requisite number of sandwiches. From the evidence, he could not help being convinced that the sandwiches were delivered. Concerning the price charged for the sandwiches, it was a well-known fact that eatables sold on the racecourse were sold at much higher rates than ordinarily. Taking also into consideration the evidence of the bakers and caterers brought as witnesses, he considered " that 3s a dozen was not an exorbitant nrice. In conclusion, he wouhigive. judgment for the plaintiffs at 3s per dozen for 200 dozen sandwiches. From this amount would be deducted" the amount paid into Court by defendant, £21 10s. Costs were allowed. . i