RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume XIV, Issue 4541, 3 December 1889, Page 4

RESIDENT MAGISTRATE'S COURT.

YESTERDAY. (Before H. A. Stratford, Etq., R.M.) Henry Be'ce Crawford v. Henry Gill. •—The plaintiff's claim wsb for L 23 Is 7d, due to the Pokeori Batchery Company by defendant, the company consisting of the plaintiff and Richard Lsdcz. Plaintiff produced a deed of assignment from Bichird Ledez io himself of all his (Ledez'e) Interest in the cimpany, and said that he was the only person entitled to fine for the debt due by the defendant. The terms with the defendant wera that he was to receive L2 per week as wages, to have meat free for his own family, and ha waa to have 10 per cent, of the profitß of his own cirt. He waa to have the sole charge of his cirt, and ho waß to enter in a book all his receipis for money taken and meat sold from day to diy, and he waa to deliver np the cisb daiiy t > plaintiff. The prime cotfc of the meat wa3 fixed upon between plaintiff and defendant at 2d per lb for mutton, and 44 par lb for beef; and anything over waa to be reckoned as profit. He was told not to sell any meat nnder the price charged by tho Swan butchery. Between the 18'.h' July and the lac August defendant lived at the farm and took his moat direct. Defendant said he would check the meit aa it waa delivered. Separate scconnts were kept of all the me.»t delivered to defendant. Mrs Hacqaoil was keeping the books, and she made an abstract cf the meat delivered to Gill. Afterwards the prime coat of beef, at defendant's request was reduced to 3J. The result of defendant'* account for tho month of Angnst showed a deficiency admitted by defendant of Ll4 13j 2d. Defendant said be did not think the accounts were correct: he conld not have bad ao mnch meat. He said the eciles must have been wrong. He Baid also theio were a lot of small accounts that had not been entered. Ledtz blamed him (defendant)'for that. At the end of S jptember the accounts for that month were made up. Daring that month either plaintiff or Lidiz saw the meat weighed at the Oimaru store for the defendant's cart, and kept an accurate statement which waa afterwards compared with the accounts at the farm. Ao account waa also kept of the meat brought back by tho defendant aa unsold. The credit given in tho till of particulars for meat returned corresponded with this statement. The company discharged defendant on September 30tb. The account now produced wis made np by plaintiff and Ledez in the presence of defondaut at Lsdez'a honse. At tho time defendant made no objection to the account, and ■aid, "If you pay me my wages I will get your money for you " He Baid there were accounts owing by several people that were not entered in the ledger. D;fendant then promised to make out the accounts. That was not done. Af:er that Mr Newton, on behalf of the Company, made a demand on defendant for the amonnt owiog by him. Then Mr Creagh called on plaintiff, and, on behalf of defendant, repeated defend ani'a assertion that the money was on the books. Crow-examined by Mr Harvey for the defendant: During August and September, 1887, M. L-idez and plaintiff were the only partners in tho Pakenri Butch&ry Company. Gill waa inst: listed to eell by the Swan Butchery card—that waa a penny a pound cheaper than any other butcher in The Company was a failure. Neither plaintiff ncr Ledtz was a butcher. No weight notes wero delivered with the mea\ Plaintiff's father waa not tatisfied with the book*, nor with defendant's condnct. Plaintiff did not consider defend«n* bad beau guilty of embezztement.

Richard Ledez said he and plaintiff were the only person] who had eny interest In the Pukeurl Botchpry Company in August and September, 3887. If plaintiff bad made statements to the contrary it was not true. He made an abstract from defendant's books of the prices at which the meat was sold by him. Witness used to check the weight of the moat delivered to the defendant, aud compared these weights with the weights given in the books at the farm. Defendant explained tha deficiency of the weight by eaying the ECiles were wrone. He also said there were some small outstanding accounts. Defendant said he could sot understand how tbe deficiency in the meat arose. He admitted that tho weight of tbe meat delivered to him by the company was correct. The list now produced is a list of accounts not accounted for by tho defendant.

Cross-examined by Mr Harvey-: Mr . and Mrs Hacquoil had no interest in the company. Tbe defendant admitted all the weights of tbe meat delivered. That was early in September. He did not recollect tbe way in which defendant made tbe admission. He admitted the weights became tbey were correct extracts from the • books. By the Bench : Slips containing tbe weights cf the meat snpplUd to defendant were not sent with the meat. Mrs Hacquoil gave evidence as to tbe weight of tbe meat intended tobesentont ' with defendant being entered in a book, commencing on tho Ist August and ending on the 30 .h September, 1887. Tbe book produced contained correct entries of the meat supplied to G 11 dnring those months. John V. Hacquoil's evidence went to show the mode in which tbo meat was weighed, and afterwards how the weights were entered in the books. Croaa-eximined by Me Harvey: The defendant was not always present when tbe meat was delivered. Ho weight notes were delivered with the meat, nor did the dofeudant sign any receipt for tbe meat delivered. Henry Gill, defendant, said that ho saw Mr Crawford at his own home, and was eogaged to drive the Fnkenri Batchery Company's cart at L2 and meat for his house, and 10 per cent on tbe profits if there were any. He did not see any profits. His instructions were to work np a business and undersell Mr Foas. He did sell nnder everybody. He wa3 selling mutton at li per lb, and for beef at some bonses be was charging 2id, 31, 41, and even 5d per lb. He sold for whatever be conld get, and tbe Company knew it. He never admitted baviDg been snpplied with the meat as charged to him In tbe statement produced, It was delivered in town by various people, and often be wns not present when it was brought in. He did not know thai ho was in debt to the Company. He never " did " them out of a penny piece. Tbey might have charged him with LIOOO as well as the amount of the claim. To Mr Crawford : Tbe profits were to be left to your generosity; but at tbe price you were paying for tbe beef there wonld be no profits. Yon might have said that tbe prime coat of mutton was 2d and of beef 4d, and that all over that wonld be profit; but yoa said nothing abont the skins. When Garden Watson's carts were about meat was very cheap. He never admitted that the accounts were correct. But he conld not have received tbe amonnt of meat charged to him; ha was with the company about three months. He never said he was content to take the weight! as given by plaintiff, and he osmplained about tbe queer way of his dciog his business. Plaintiff bought a pair of scales in September, and used to weigh the meat himself. Witness never weighed the meat. Plaintiff knew very well that some sausage meat went back and some went bad, and he wondered if ho ever got credit for it. When plaintiff's father went through the books with witness, he was perfectly satisfied and said so in tho presence of witness and his wife. Witness offered to collect the bad debts. He offered to do anything collect tbe monthly accounts and others if plaintiff would py him his wages.

In reply to Mr Harvey, defendant said that Captain Crawford cime to witness' house, and when !e vlng said he was satisfied with 'ha bcoks; and that it wonld ell be lef: to tha lawyer now. Mrs Gill Baid that when Mr Crawford came to her bcu;e he eaid ho had becomo manager to the Pokcuri Batchery ComDany, and having koown Gill for ao many yEara he wonld fce jußt the man to drive the cart in town. When her husband was eugaged aha was present, and heard Mr Crawford engage her husband to drive the cart at L2 per week and 10 per cent, on the profits. Nothing was said as to the price at which h=r hnsband was to sell the meat, save that Mr Crawford instructed bim to sell at a Id per lb cheaper than tho other butchers, and particularly Mr Foss. When Mr Crawford, senior, was leaving after haviDg checked the books she Slid she hoped that business would novr be over. Mr Crawford, senior, eaid the books were satisfactory, and that it wcnld all be left to the lawyer. This closed the case for the defence, and Mr Crawford addressed the Court. _ Hi 3 Worship non-suited the plaintiff, with costs and professional fee of LI Is.