RESIDENT MAGISTRATE'S COURT,

Otago Daily Times, Issue 4165, 24 June 1875, Page 3

RESIDENT MAGISTRATE'S COURT,

Wednesday, 23rd Junk. (Before J. Bathgate, Esq., R.M ) K. Cameron r. Js. T. Brooke.—Claim for six weoks' wages, L 24, less L 3 Bs, furnishings supplied. Mr Aldridge appeared for the plaintiff, and Mr Stout, who defended, put in a set-qff for sundry articles amounting to L3:>. Richard Cameron deposed that on the 11th May he was engaged as salesman by the defendant, who promised to give the highest salary without mentioning any special sum, if witness's services proved satisfactory. Witness had to work night and day, including Sundays, in the store. He suggested that he would be useful to plaintiff during his projected tour on business through the United States. On Saturday, 12th June, the defendant, mentioning that he was not going to continue a retail store here, dismissed the plaintiff, who thereupon asked for a settlement. Witness was asked to call on the following day (Sunday), but he refused. He called on Monday, and the defendant then said he was too busy to make a settlement. Witness never had 150 cigars, hut only took one occasionally, and gave samples to customers when the defendant was present. The defendant never found fault with witness, who knew nothing about the additional orticles mentioned in the set-off until after his services were dispensed with. —Albert Uvans, clerk to Mr Walker, tailor, deposed that the plaintiff gave him an order for LC> 5s on the defendant for a suit of clothes. —Mr Stout contended that the rate of wages charged was too high, and plaintiff was not entitled to charge for one week in lieu of notice, as there had been no weekly hiring.—Butterdean, a Hindoo, employed by the defendant, appeared in Indian costume, wearing the turban in court. He could speak a little English, and said he was a Mahommec'an, born in Cashmere, where the Hindoo form of oath is to join both hands ami kiss them. It was suggested that Sale's translation of the Koran could be obtained in the Athenicuia. However, Herrman Brooke, a . stepson of the defendant, acted as interpreter, and witness said he had been sworn in court before. His Worship remarked that Mahomet was sworn by placing his right hand on the Koran, mid then touching it with his forehead ; and when asked what that form meant, he explained that he was bound by it to speak the truth. Witness: "Your Bible will do." (Laughter.) The witness having made this statement, and the Koran being founded upon the Old Testament, no objection could be made to the form proposed by him. Mr Aldridgc objected to the defendant's step-son acting as interpieter. His Worship (to witness) : "Will it be sufficient for you, according to the custom, to be sworn on the Bible ? Witness : Yes, I won't tell a lie. His "Worship having indicated the punishment for a wrongful oath, administered the following to witness :— I swear, according to the custom of my country, and according to my religion, the Mahommedan religion, that I will tell the truth, the whole truth, and nothing but the truth. "Witness (kissing the Bible) ■. Yes, I won't tell a lie. I know there were some goods lost, but I do not know what they are. T^ locked up the store every night. Sometimes the plaintiff and his friends were in the store enjoying the cigars. Herrman Brooke deposed that his step-father said he could not settle with the plaintiff till he found some of the missing things.—A telegram , from the defendant was read, stating that he was very ill at Baklistha, and would start for Dunedin on Saturday : also asking that the case be postponed till Monday. On the application of Mr Stout, who suggested that His Worship should grant an adjournment and then give a decision, whether the defendant is present or not, the case was further continued till Friday next. Judgment went by default for the plaintiffs, with costs, in the following cases :—Matheson Bros. v. Hugh Shmamon, furnishings supplied, £'.) 9s Od ; Neal v. Loft, umbrella, 12s (id ; Meena.ii v. Olias. Macauley, furnishings supplied, £1 os Id, £0 having been paid into Court; Patrick Burn v. W. Watson, meat supplied, £2 Is sd. S.-umders v. Little.—Claim of £15 12s 4d. Judgment by confession. Wm. Allen v. Robt. Guthrie, Walter Adams, and John Rose. — Claim of £100, alleged damages for breaking and entering the plaintiff's place in George street and destroying certain goods. Mr Joyce appeared for the plaintiff, and Mr Barton for the defendants. The plaintiff's solicitor contended that the defendants should not have taken forcible possession, but proceeded under the Statute of 1808, and he cited Addison on Damages in respect to trespass in dwelling-houses. W. Allen, dyer, deposed that his shop was in George street, and on the 12th May he proceeded to Green Island, and left a boy named Charles Humphries in charge. When witness returned the place was locked up, a padlock on the door, and the tubs, which had been left full of dyeing liquors, were capsized. Several silk dresses, including one valued at £20, and belonging to a "lady" now in Gaol, wure «;:<-i!cd. Witness did not get a notice to mit till after the damage was done. He owed the defendant Guthrie

over £40 for reut and other things. Guthrie had put in the bailiffs before the 12th May, and took the ownership of the goods, afterwards agreeing, to . allow the, plaintiff to pay the debt by instalments of 5s a week. Charles Humphries, who had" been in plaintiffs' employ, deposed that on the 12th May two men came and locked up the place. They told him to go out. Witness stood outside and heard oue say, " Upset the tubs,"- and saw them upset tive tubs, which were full of dyeing liquor. The men took iv a lot of dirty bags before they locked up the place:—John Rose, a labourer employed by Messrs Guthrie and Laruaeh, received instructions from Guthrie to repair the plaintiff's house on the 12th May. Witness ha-d the repairs done. There was. "a little dirty'water" in one of the tubs. He didnot know whuie the tubs, were put. His Worship (to witness): I may say I do not believe a word of what you say. Take a lesson that when you come iuto a Court of Justice, you must be plain. You should be able to say what you did and what you saw a few weeks ago. • You have not conducted yourself a.s a hrinest and straightforward witness should do. —Witness : I have told you all I know of it. — His Worship: I have heard enough about it. You may retire.—Wm. M'Clne deposed that there were about thirty dresses, silk, cotton, and others, spoiled.—Robert Outline's evidence wa-s to the effect that he gave Hose and Adams orders to repair the plaintiff's house, and the plaintiff still owed him L4o.— Walter Adams deposed that on the 12th May he was at the plaintiff's house from 9 a.iii. till 4.30 p.m. effecting repairs. The plaintiff and Humi>hries were there during the day. Witness upset two tubs and a barrel, containing what ho thought was "dirty stinking water." The boy went out of his own free accord.—His Worship said this was a, very unsatisfactory case, and while exonerating Guthrie from blame, had no doubt that the two men, Rose and Adams, had actetl in an improper manner. He looked upon the damages claimed as excessive, and reserved judgment till Wednesday. The Court rose at 5 p.m., and adjourned till Friday morning.