SUPREME COURT

Otago Witness, Issue 3418, 19 September 1919, Page 43

SUPREME COURT

CIVIL SITTINGS. (Before His Honor Mr Justice Sim.) A WAR BONUS CLAIM. The action between Robert Mackenzie and Peter Robertson on the one hand and the Taratu Coal Company on the other was resumed on the 4th inst. This was a claim lor £155 ss, being tho amount of a 7g per cent, war bonus earned by the plaintiffs, who alleged that they were pieceworkers. The deterc9 was that tho plaintiffs were independent contractors and were, therefore, not entitled to a bonus; that the action- was hot brought within the three months fixed under the Industrial Conciliation and Arbitration Act, and that if there was a dispute it should have been referred to the Disputes Committee, this being a condition precedent to the bringing of an action. Mr B. S. Irwin (instructed by Mr A. G. Neill) appeared for the plaintiffs, and Mr J. C. Stepnens for the defendants. George Robertson Cheescman, one of tho proprietors of the Taratu mine, continued his evidence. Under cross-examination by Mr Irwin, witness stated that the 7% per cent, paid to the plaintiffs' employees was an ex gratia payment, and was given simply to keep the men quiet. It was an absolute gilt to the men, and was not given as a matter of right. John Shore, retired underground manager, said he was under-ground manager of the mine in»wh:ch the plaintiffs were employed. The statement in Robertson's evidence relating to taking instructions from witness, andf preparing the places for plaintiffs was false. —In cross-examination witness admitted that he had to clear up the places preparatory to plaintiffs going in to work. Ho remembered giving instructions to William Millar, one of the plaintiffs' employees, to put in a prop This prop was- not put in, and as a result a fall took place. He gave no instructions to have the fall cleared away. When a new man came the plaintiffs wotild ask where the man was to start, and witness would noint it out to plaintiffs.

Alexander Fleming Kane said he had had over 20 years' experience as a miner, and was over six months in the Taratu mine. He stated that if' the work in the mine had been done by piecework all the men in both the mines v*ould have drawn for places. Mr Stephens said there were two main questions involved in the action. The first was: Was there an agreement prior to the award by which defendants ha_d had to pay a bonus to plaintiffs on their earnings? The second was: Did the Arbitration Court award apply to No. 2 mine, where the plaintiffs were employed? He submitted that there was ho evidence to show that there was any agreement to pay the plaintiffs a bonus. The only evidence on. that point was given by Mr Chefiseman, who stated that it only applied to the main mine. Further, Mr 'clearly stipulated to the union that the bonus was to be paid on pre-war rates. The actions of the defendants, too, were entirely consistent with the defence set up, in that they were in no way bound to pay the* 7£ per cent, bonus to plaintiffs or the plaintiffs' employees. The bonus given to _ the latter was not given aa a matter of right, but as a gratuity. Jon the other hand the plaintiffs' actions were not consistent with the story set up. Mr Irwin having replied, his Honor reserved judgment.

His Honor Mr Justice Sim sat at the Supreme Court on Monday morningand sentenced prisoners for offences to which »they had previously pleaded? guilty. THEFT. Walter John Ancell Jarvis, who was charged with the theft of a postal packet, had nothing, to say in his defence. Air Gumming recommended that the youth be placed on probation, and that Mr Axeisen be appointed guardian. His Honor said taat recollecting the age of Jarvis and the recommendation of a probation officer, ho thought it was a case in which he would bo justified in extending the benefits of the Eirst Offenders' Probation Act, although it was the case of a servant occupying a position of trust betraying that trust. He always had some hesitation in applying the Act to cases cf this kind. Prisoner would be admitted to probation for a term of three years on the usual conditions, with the further conditions that he pay the coifs of the prosecution (£2 15s!, that he was of good be haviour, and that he carried out any recommendations made to him from time to time by (he probation officer. THEFT THROUGH DEINK. James Parker, who had been charged with fivo cases of theft, said he had been under the influence of dr.nk when the offences were committed. The Crown Prosecutor (Mr W. C. MacGregor, K.C) stated that prisoner was wanted in Auckland for a ■ breach of lr.s probation order. He was also wanted in Wellington en two charges of theft, although he did not admit them. His Honor ordered prisoner to be detained for reformative purposes for a term of not more than live years. BREAKING AND ENTERING. Alexander Ogg came up for sentence on a charge of breaking and entering and theft. Mr Hay, who appeared for him, stated that -Ogg was 59 years of age and was born in Dunedin. He was married and bad three children. He was employed as a coal miner at Green Island. Some time ago the miners there went cut on strike, and he was still on strike when the offence was committed. He had been about j.O weeks on strike, and during that time he received neither wages nor strike pay. His Honor: Why didn't ho get strike Mr Hay: It was not paid until after the. offence was committed. His wife and family were pretty well destitute at the time." On the day the offence was committed prisoner went to the house of the secretary of the union to get his discharge

in order to get other work. When he got there he found no one at home, and he committed the offence. Restitution had since been made. The Crown Prosecutor said that Mr Hay had been misinformed. The offence v'as committed on August 22, and tho strike took place in May and men were back e.t work. His Honor: Was tho man back at woric? The Crown Prosecutor: Yes, on August 22. Mr Hay said he had only repeated his instructions. Tho prisoner now said ho received one pay prior to the offence being committed. His Honor sentenced prisoner to six months' imprisonment with hard labour. BREACH OF PRORATION. Hugh Goodlet came before his Honor in connection with the committal of a breach of probation conditions. The probation officer stated that Goodl-et had been admitted to probation for two years by Mr Justice Stringer on April ]l. One condition was that he had to pay the costs of the prosecution, and that had been complied with. Another was that he was to tako out a prohibition order; but unfortunately that had been broken. Ho had been before tho Police Court for a breach of Ins probation, and was waiting sentence there on a charge of theft. jllq was satisfied that this man was not quite les-ponsible for his actions, and he recommended that ho be given reformative treatment. When Goodlet was on activo service he was highly complimented, and had been recommended for certain distinctions; but through his own acts these were lost. In fact, -when he was previously before the Supreme Court Mr Justice Stringer complimented Kim on his . war record. His Honor made an order that prisoner be detained for reformative treatment fcr a term not exceeding' three years. Once hi satisfisd the Prison Board that it was desirable that ho should be released he could be liberated on probation by the board. Replying to a remark by tho Probation Officer that this was the first case ho had had of anyone breaking the conditions of probation, his Honor said that was very satisfactory. " AUCKLAND, September, 8. In the Supreme Court to-day Arthur Kennedy, "aged 45 years, for an offence against a 10-yeslr-old child, was sentenced, to five years' hard labour. Witu Slade, for indecent assault at Whangaroa, received four years' reformative treatment. MASTERTCN, September 10. . In the Supremo Court this afternoon Charles Hall, a farmer, of Nireaha, was found guilty of having received stolen tobacco, and was fined £2OO, in default nine months' imprisonment. WELLINGTON, September 6. Darcy Devitt who committer! theft while on probation and then escaped from lawful custody at Taumarunui, was sentenced to five years' reformative treatment. Lilian Phillips received six months for bigamy. CHRISTCHURCH. September 4. At a sitting of tho Supreme Court to-day C'.aude Thompson, aged 16 years, was sentenced to two years' imprisonment in the Invereargill Reformatory for arson. He was ordered to come up for sentence for breaking and entering and theft and signing a money order without authority. Ruth Robertson, for abandoning her infant child, was admitted to probation for 12 months, Mi- Justice Hordman stating that he believed the prisoner's statement that the crime was committed in a moment of desperation.