A COUNTESS "COURTED".

NZ Truth, Issue 243, 19 February 1910, Page 5

A COUNTESS "COURTED".

HER GARDENER "SUES".

Wages Wanted— What was Due?

SOLITARY "STAFF" OF THE ESTATE

SEEKS HIS "STUFF".

But Stately Spanish Dame Reckons He Should Have Taken it Ont \ m Fruit.

Patrician Reina Rnys Returns from Chili — Walks "In Deep Wet Ways by drey Old Gardens"— But Finds Them Very Weedy— Her Piteons Plaint— "l Told Him I was Heart-broken" —Did the Lovers' Lane Languish? — A Gravelled Gardener and the Gooseberries.

A real live countess was sued for wages m the Christchurch S.M. Court on Monday, when a gardener named Robert Frew, represented by Mr . Donnelly, sought to claim from Reina Ruys Fortega de Fresnedo, Spanish countess, toe sum of £74:. The countess ' owns the historical Lincoln property known as "Ilam,',' 53 acres and ' buildings, which was made a - thing of beauty and utility by Leonard Harper, of remarkable ' memory. Pat Campbell bought the .estate, but didn't keep up the magnificence of the grounds, and under the countess's supervision 1 one man looked after things, and the new place is now a wilderness, Frew, who was taken over with the property, used to draw 30s a week from Campbell, but agreed to take the countess's fruit and vegetables and sell them m return for his labor. He started m January, 1908, and sold the fruit of that season, but netted only about £40. The fruit of 1909 season brought a like amount, and as Frew found that he was malting only 15s' a week he intimated that he had had enough of it. Meantime, however, the countess (m November, 1908) had gone on a visit to her friends m Chili, but left as her agent 6. D. Greenwood, . well-known sheep farmer and racehorse owner, who, by the way, has a promising two-year-old named Lady Reina, one of the countess's baptismal titles. It was claimed by Frew that to induce him to remain on, Greenwood offered him £1 a week m addition to the fruit, and -then departed from New Zealand ' for a holiday. The countess said she would be back m four months, but actually didn't return for twelve months. Frew complained about broken fences and the inroads of sheep and cattle. The man understood that he was to have the fruit of the forthcoming season starting ;■ January, 1910, and expended about £5 m plants and seeds, which he put m. In the absence of Greenwood, he obtained £1 a week from the manager of the Union Bank from May ' 4 till September 30, n when the payments ceased. The - countess and Greenwood returned together m October of last year, or the two appeared about the same time, and Krew continued at the place till December 1, when the countess gave ' him a week's notice. At the end of that week she asked him to remain on for another week, and Frew departed on December 15. His claim was made up of wages, loss of fruit, vegetables, milk, firing, etc.

Mr Beswick, for the countess, crossexamined Frew, who said he consented to remain on the second week to take m the hay. The countess gave him £5 when she came back, but it was not on account of his sick child. He shifted his sick child and the family during tho night, the countess remarking that it was a warm- night, and the youngster would not. take harm if well wrapped up. It was. true she .had sacked him because she .considered the place hadn't been kept m order, but three men /were, formerly employed on the estate, and it was impossible for one man to do three, men's work. He didn't know until after he had entered into an agreement with, the countess that the orchard had been condemned by the inspector. The verbal agreement was that Frew should remain on twelve months, and that, the countess should give at least a month's notice.

Mr Beswick, for the- defence, claimed that Frew bad already had his fruit, and as he . had given notice to leave m May, 1909, at the conclusion of the fruit season, he had no. claim on the present season's fruit. If he had any claim at all it was a fortnight's wages m lieu of the month's wages. . *

In the course of her evidence the countess said she hadn't specified four months exactly as the term other absence. She said that -when she returned the property was a regular wilderness from neglect, and she had to put a man on. He removed barrow-loads and barrow-loads of weeds, and m three days only had made the front of the house and lawn fairly presentable. There was a lover's walk down by the river, \ the countess said, and when she strolled down there on Sunday last she found herself up- to her knees m leaves. Also she found absolutely no vegetables on the estate, excepting a little silver beet. "I complained bitterly to him," said the lady, rolling her r's softly, "and told him I was heart-broken." She had never been satisfied with Frew, but had twice forgiven him oh account of his family. She told him to take a month's notice, but said he. could go earlier if he pleas 'd; He said he would think it over, then came back and said he wouldn't ro unless she paid him £60 or gave him next year's fruit. She was amused. She asked for gooseberries when she came back, and lie said there wasn't a bush on the place. She afterwards went out and discovered twenty bushes smothered m grass and weeds t George D. Greenwood stated that he held power of attorney while the countess was away. The place was man awful condition when Frew said he was going to leave m May, and Greenwood would have been glact to have got rid of him. A few days later, however, he found that he had to leave the colony, and as he had rather deal with the devil he knew than the devil he didn't know, he gave him £1 a week to stay on till he came back, or until the countess returned. Greenwood said that vhe place was m such a had. state that he brought his son down to clear things up a bi*.

Mr Donnelly : You went away leaving Frew m charge, although you say he didn't give satisfaction ?— Yes. You wanted to get away to find the countess on the other side of the world ?

The witness smiled. "We will confine ourselves to the present business, if yo_u please," be said. Two other witnesses gave evidence about the dreadful condition of the grounds. In the course of his address, Mr Donnelly quoted section' 29 of the Truck Act, which provides that an emplryec shall he paid in' money, and not m produce or m kind" There was an exemption m favor of laborers or agriculturists or pastoral iste, but Frew was neither. He was a horticulturist.

Magistrate Bishop said that fortunately Mr Donnelly could review his decision m a superior court. He was of opinion that the agreement was a one-sided one, but still it yeas an agreement. He gave judgment for £4 and costs, the amount covering the period of which notice should have been given.

A Dunedin shikkur was arrested m Water -street. There should be an inquiry into the strength of the water m the 'street. It would surely be more entertaining and productive of more good than the gasworks inquiry.