RESIDENT MAGISTRATE'S COURT.

Otago Daily Times, Issue 3248, 4 July 1872, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday, 3rd July. (Before A. C. Strode, Esq., R.M.)

Stohr t\ Mctcalf.—Claim for £1 18a i<?» for batcher's meat supplied. Judgment for plaintiff by default for thu full amount, together with coat?l. Brificoe find Co, r. T'onnctt and Wedder-apoou.--Claim, for £1.'5 !!).< 4d, floods sujvplicd. Judgment for plaintiffs by default, and costa.

Catherine Thomson r. Edward Brown.— Claim for wages for services as housemaid. The defence was that originally plaintiff was engaged at 10a per week, but ultimately it was stipulated that she should receive 5s per week extra if she undertook to do the washing. It wa« tiho urged for the defence that plaintiff left defendants employ before her period of service h:id terminated. Plaintiff denied the truth of this latter stateu cat, averring that ahc did not leave defendant's service until told by Mrs Brown that heir services were no longer required, the services of another woman having been obtained. Mrs Brown now said that this state— '. nient was incorrect; plaintiff, she said",. [ told Mr Brown that cho would not remain in his service until her wc«k had terminated. On being asked by plaintiff what she would1 give her if she came back, Mrs Brown stated that as she hail told Mr Brown that she would not remainc until her week had expired, she need not do bo. His Worship said that a document whidk had been handed in, and to which plaintiff had appended her signature, wan confirmatory of the evidence given for the defendant ; in fact, he felt bound to state his opinion that it waa a trumped-up claim. Judgments for defendant. FOUND I.V A WATER UOhZ. Pritchard v. Hammond.—This waa a claim for £1, the. amount paid by plaintiff to replace a square of glass broken by defendants The parties are farriers. The plaintiff sfcituJ La at on the evening o£ the 21st June, ho hvard a crash which hiduced him to think that somebody hadl smashed one of the squares of his office window. On going into the otrcet two little boys remarked," lie's gone in there, sir.* 1 Proceeding in the direction indicated, plaintiff went into a buiMin^ in course of erection, in Itattray str<.-et, where Hammond, bemg: drunk, was lying in a helpless condition in a water hole. Hanuaond implored him to extricate him from his nncomfortable situation. i'ritchard assented, and. when H:immftn«l had recovers*! his feet^ lie remarked, "I Hay Pritch.-U'd, that waa rather smart for me ; iirat to nmash your window, and tiicn run into a water-hole;. but say nothing al«>ut it, and I'll send * glazier'down to put the gla*3 in." "AH right. Tom," replied. Pritchard, and taking: hold of Hammond's shoulder, advised hiit to go home, but Hammond muttered aonsetbing about their having a " drink" together, and insisted, in fact, upon bong; allowed to "shout" for Pritcluud. This pre-

'<-*poeitifm van strongly opposed by Prifcehani, who <;*autioned Hammond that he had .better * take himself up the hill, adding "Jf you can't get up yourself I'll go with yon." Hammond, however, was inflexible in his --determination to "*hout." After Pritehard ''bad protected for «orne time in vain, 'Hammond was permitted to " shout," and "added,"' said His Worship, " a little more fuel to the fire/ On the following day Pritchard called ujifin Hammond, and'asked whether : he iateo'led to put a new square in the window. The conversation which then took place rwilted in their going to »e<> a glazier, who U>>k the onl«.-r. " But who gave the order ?' interjected His Worship, Pritchard savd he undertftood that the order was given by Hammond, who told the glazier ''that a wfti.-tnr of glass wjw wanted at his 1 (Pritcharii'h) <>ii'v:<i. and aaked would he go and put it in." When the glazier was about to do so ht: remarked to Pritchard " /Jo you want the «am« materials as before?" " Just the dame," Pritchard replied. "But who's to pay ':'' a^ked. the glazier. " Hammond," Ktiif^'f ?!»(:<! I'ritchard. The gl;*zk-r wan not satisJkd, and i'ritchard ultimately said, " Wdl, if he won't, I will." When Pritehard again raw Hammond the latter said, " You w.-ttk: with him, and I will esettlc with you." .Pritcb/ird accordingly paid the glazier, and got his r<*cei|*fc, but Huminond hal hinc« refused to pay Pritchard. Cross-examined by defendant: You wanted a great deal of pressing to drink, did you '! Plaintiff: Y7-h, I always do, because I ■ scarcely ever drink, except i'm obliged to do no in buKJiujj-f.

His Worship : People generally arc very pressing-••■painfully prc»sing~--whcn in a certain stitg»\ F. H.-irrU, who in in the employ of Hammond, n:i:.<[ thit I)'.: ax,; Ha'junond on the night in quo^umi ; he did not think that Hammond w;u then drunk. Nearly a foot of the k<] into, in respect of which Hammond was sumuionrid, was broken previously. That wa« all h« knew about the cnnn.

Cross-examined by I'ritchard : I don't recollect saying to you on the night referred to, " Hammond ja very drunk tonight '."

Pritvhnrd : Oh ; then that's all I've #ot to ask you.

Defendant stated, hi defence, that, on the night in qucntion, be wan "just a little gone, ■but nothing out of the way. He certainly was not drunk, although he might have had a glass inoro than usual. A« he was going along the Ktr'-'-f, he wrdfced into vmui clay and mortar tliat had been left near one of the buildings ; hi* foi.t slipped ; lie fell ; Win firm came into contact with plaintiff*! window; nnd thus the .v (lair which took iplacc was purely an accident. The water-hole into whir.:in he fell v.wh only a small hole. It would hold, pi rhapu, a foot of water ; it had boon made for the m n engaged at. thobuildintj lo v/,.s!i ih<-ir iOku clh in. J.le was not lying altogether in the hole ; he had only onefoot iii it ; neither was ho drunk. Directly after lu'b foot, slipped, Pritehard came up, and said" Hollo, old Mlow, what are you doing here ':" 'I'll' y talked together, and defendant ultimately Kairl he would not pay for the whole of the ghiRH, whereupon Pritehard replied, "all right--we'll fiee Jihoult that t'--irioiTow." N<:xt ?iK>rnin;;t Prilchard said to iianmiond. " Aie you going to put it in ';' meaning a new nquare. Hammond replied, "No, I'm not." " Who'fi the he»t man ';'' asked IVitehanl. Something waa said about a man in Maelaggan Htreet, on wliom they afterward« called. Pritchard then remarked, " Hammond wants you to put a window in." "Oh, no," said Hammond, " Wh nothing to do with me." " Who'w to pay '!" aoked the glazier. " Oh, you'll get paid for it," «aid Pritchard, " if not, summon ii« hoth." When the glazier afterwardw Haw Hammond, tlie latter told him that the window wasnofchiß, andthathe would not pay for it. "The fact is," continued defendant, " it'fj a little hit of trade jealousy, nothing more. Pritchard has loat a few carriers, and he thinkn I've got them." OroHS-i'xarniiied hy plaintiff : You Hay it's a little hit of trade jealousy ? Defendant ; Xot between me and you, perhaps. Jlia Worship pointed out that thin was a matter altogether apart from the question at ißsne. Plaintiff: It's a mintake, your Worship ; there's no man I lenpect more than Mr Hammond. I'm only sorry he should make a fool of himself. I'm the best of friends with him, and with every other farrier in town. HiH Worship : I am glad to hear it ; long may you remain ur> ; but that has nothing to do with the question, I assure you. Any other questions ? Plaintiff: No. Oh, yes; I may just as well ask him about the size of the hole. Defendant : Well, about a foot ; perhaps it is a little larger round now. It would hold about a bucket of water. Plaintiff: What was the hole there for? Defendant : Ouo of the men said it was there to wash their shovels in, after taking mortar out of the hod. Plaintiff: What !Do they carry this water-hole all over the building to help them to get mortar out of the hods ? Defendant : I don't think ho. His Worship said there appeared to be no doubt that defendant dirl break the window, although it was broken, to a small extent, before lie fell against it. He thought justice would be done to both parties by giving the plaintiff judgment for 15s. Judgment, therefore, would be for that amount, with cosla.

Charles Sonntag, nurseryman, Half-way Bush, <\ W. J!. (icorgo, of Clyde.—Claim for £2 7« fid, trees supplied. Judgment for plaintiff, by default, with costs.