MAGISTRATE'S COURT.

New Zealand Herald, Volume LI, Issue 15657, 10 July 1914, Page 5

MAGISTRATE'S COURT.

BREACH OF AWARD ALLEGED.

CHARGES AGAINST BREWERY,

ECHO OP THE LATE STRIKE.

As action which was principally the outcome of the recent strike was commenced at the Magistrate's Court before Mr. C. C. Kettle, S.M., yesterday, when the Auckland Brewers', Wine and Spirit Merchants' and Aerated Water Manuiacturers' Employees' Union (Mr. A. E. Skelton) proceeded against the Great Northern Brewery, Ltd (Mr. R. McVeagh), for eight alleged breaches of the award, is that the defendants had failed to requir* eight employees to join the union within eight days of their engagement by the defendants, a penalty of £10 being claimed in regard to each breach.

Mr. Skelton explained to the Court that although eight charges had been laid against the defendants it was not tho union's desire to press for a large penalty. Eight charges had been made only that the union might bo assured of proving at least ono or two breaches. Mr. Skelton continued that, in November last, the brewery employees went out on strike, and the Great Northern Brewery subsequently advertised that unless its employees returned to work within a specified time their cervices would bo dispensed with. The eight men referred to then obtained employment at the brewery, and joined a second union which had come into existence in the meantime. They had never been required by the defendants to join the original union, tho existence of which would bo considerably affected one way or tho other by tho present proceedings. Bernard Martin, secretary of tho plaintiff union, gave evidence to the effect that the eight employees in question had not joined his union since tho strike, and, to his knowledge, they had not been members More the strike. He understood that they had joined the new union. When Mr. McVcagh proceeded to crossexamine the witness regarding tho brewery employees going on strike Mr. Skelton objected, on the grounds that the witness, by answering such questions, might incriminate himself and render hirr self liable to prosecution for playinc a pari in an unlawful strike. Mr. McVeagh contended that that was impossible, as even if ho did incriminate himself proceedings could not be taken, as six months had elapsed since the strike, and ho was, therefore, immune from prosecution. His Worship and both counsel argued the point 'at considerable length, and, eventually, after a consultation with the witness, Mr. .Skelton intimated that tho witness would answer questions relating only to the month of November last.

Continuing his evidence, ' tho _ witness safe' that tho members of the union went ont on strike early in November, as tho result of a resolution passed at a general meeting of the union. The reason of their going on strike was principally to protest aeainst the presence of the special police from the country. Sympathy with, the waterside workers was by no means the principal reason. At this staee the proceedings were adjourned until Monday. AN OVERSIGHT. The i New Zealand Saddlery Company (Mr. J. C. Martin) admitted that it had employed a non-union worker, and had failed" to notify tho Auckland Saddlers' Union (Mr. A. E. Skelton) of tho fact, as required by the award. On behalf of the defendant company it was stated that the . omission was purely an oversight. A fine, of £1 and costs was imposed. , ' SALE OF A COW. A married woman, Annie Kerr,- residing at Mount Eden., sued Anthony Rivett, farmer, of Avondale, for. £38 damages in respect to the sale of a cow . made. by. plaintiff to defendant. The plaintiff was the owner of two cows, ona black and tho ether fawn. Tho case for the plaintiff was that she had agreed to . ell, and tho defendant to buy, the black cow for the sum of £14. Tho defendant ' paid £1 deposit and agreed to call and take possession of the cow em April 15. On April 16, plaintiff alleged, defendant wrongfully entered upon her premises during heij»ab6ence and removed this fawn cow, such, removal causing certain injury to the cow. * 1 After h iring evidence Mr. E. C. Cuiten, S.M., gave judgment for tits plaintiff and assessed the damaged at £115. ' JUDGMENT SUMMONSES. ... /.Orders for immediate payment were made in each of the following judgment summons cases, in default terms of imprisonment, the orders being subject to various terms of suspension :—R. and W. Hellaby, Ltd., v. Edward John Samuel, trading tho Northern Genera Importing and Marino Motor Company, Oruru, 17s'6d; I. Marjoribanks Steele v. William Walker, Mount Eden, £8 15s 6d ; T. V. Frost v. John Davidson, Devonport, £2 10s; Herbert Walker v. E. G. Wood, Auckland, £4 12s 6d; Phillips and Smith v. E. J. Roach, Auckland, £4 18s 3d; Joseph Franich V. Jack Bakalich, Auckland, £13 8s 6d.