MAGISTRATE'S COURT.

Taranaki Herald, Volume LIV, Issue 13636, 15 April 1908, Page 3

MAGISTRATE'S COURT.

CLAIM, FOR WAGES.

In tlip Magistrate's Court yesterdays before ?vfr H. S. Fitzherbert, - S.M., Ralph Jordan (17) sued Mark Stanish., a farmer, of Warea Road, for £33 2s wages for work on the defendant's farm. Mr G. Grey was for the plaintiff and Mr A. H.- Johnston© the dofondanti Ralph Jordan, plaintiff, stated that he went to tho defendant's farm in December, 1905, the latter paying his coach fare from New Plymouth. > The night that ho arrived^ on the farm he commenced milking. At that time he , milked about eight 1 cows, but the number gradually increased as tho cows came in until he was milking fifteen. After ho had been at the farm about five weeks ho received a letter from his mother saying he had better return home so 'that ho, could resume his schooling. He set out to catch the coach. % The defendant gave him £2 in recognition of the work ho had done. He missed tho coach 5 however, and returned to the farm. "An arrangement was entered into that he should stay and work on the farm, his wages to be £20 for, the first year. The. defendant borrowed the £2 so that he ; could . buy a pig, Witness remembered his brother coming doWn to see him in . 1906. A conversation topk place whilst , they were .all looking at tho pig. Witi ness, said it was his pig, and when his brother asked how it was |he pig belonged to him he told him he gave Mr Stanish the £2 to buy it .with, i Ho did 'not think defendant said anything. Witness 'went on to explain his duties. He got up at 3.30 in the morning, got the cows in, and started milking. After 'jnilkinis, he had to harness the horse and. take the milk to the factory. When, ho returned he fed the calves and then had breakfast. This was generally about 11 o'clock. After breakfast 1 ' ho Washed the cans and then assisted in the general work about the' farm until about 3 o'clock in the after- . noon, when he had dinner. , After that ho again got the cows in and commenced milking. Afterwards- he fed ' tho calvesj \had tea, and washed up the dishes — generally from tho three meals. It was generally between 9 and 10 o'clock when he went to bod. In the second year the number of cows he had to milk increased. His > duties were similar to those of the first year. Whilst he was at the farm he had one holiday, coming into town on the Sunday and returning the following afternoon. Defendant was also in town at this time and gave him another £2. Witness gave £1 of this to his father, and 6s- ho 1 spent on himself, taking tho balandp of 14s back with him to Warca. Defendant a Sunday or two later asked him if ho had a ■ shilling or two to spare, becauso he wanted to go to church. Witness told him he had the 1,4s and thnt it was in one of tho pockets of his clothes hanging up in his room, A day or two later,, when witness htid occasion to go to these rclothcs, he found .the, whole of the' nionoy' had beon removed. Witness was,' 'reared on a farfn and was taught how to milk when ho was about 7 years of ago. Whilst he was with defendant he had opportunities offered to him to .go to other farms; \His wages in tho .secQnd year were to be 8s per week ami !frota n^rfc of that year *n agreement was rp'S&V-that life: should receive 10s' ncr week. This arrangement" was, howover, not made with witness; but, he •believed, with his mother. Witiiofcs vised to ask about his wanes and '• defendant always said, ho. would nut it in the bank for him the next time Iw came infco town. When' ho left t\w defendant's employ ho asked for lvu\ money, .and was, informed it would bo; paid to his mother or ho (defendant) would ncrhnps have to< pay twice. • To Mr Jolinstone: It war? soon after be v.-pnt to the form that lip rnadc the fMTan^einPivt with dofcrciint thnt he should receive £20 for hia first year's services ami it was about the end- of .1900 --'ton tbo arrangement about tho 8s 'i vc-k' ". -;? :trrivod nfc. l.lr T < i^'iDC." "You wont to spend p. hni-l-v ,"•) ili" farm and wore doing: co m .Si? iius 1 ijfiv arrangement was 'mart" /" The \r.%i>^Btrato : "And was working from b.rp~ J -until 0 o'clock. ."Rather r trviu"- «•>( of holiday.- Mr Johrstcno." . Mr Tinstone: . n Tlw»t is only tho Imv's ' fcory; yonr Worrhip." T The- M»«Tiptr.-»t«:-"And if ''it is true it is uliat, T -'should call sweating." ;. Mr fTolmstn.'ie iUZYQcd. but, said ho Wrr- inatmotod ontirolv differently. The Iteristrnto,:' "On T umlorptnrd from you tho boy'uas to. receive notliinf for hi 3 labour?" . Mr Johnpt^no: "Yha,t i« "o, until the rrr^nffomont was come- to." WHnew, m reply to Mr Johnfstonc, riid 'he had tint Vrmvn niiu-h since h<* first went to feho favm. He admitt/Hl ho went out in ihn first nlaee on holiday, and when ho loft at tbo end of fivo weoks it wns booan.se' the school holidays -wpto over. i Tho Mfvciritrato : "It fsooms a very " poculiT holiday to 1 go out to mills pov.'s." •' '* • Mr JoTuv4one: "He says he v.cnt for p, holiday." Tho Ms^stratn : "Ho says, ho wont for a holiday, but does not say ho hod a holiday." ' Mr Jphnsfcono: "Ho went out ao a W r it of tbis man." S The Mntf^trate: "A paying guest apnnrontly," , Witness ,said ho had wished to stay •on tho farm rather than, como in and have to >iq to so.hoo'J. Ho wns alwnvs :nn good tei'ms with .tho Stanish family. Defendant supplied him with several 'articles of Hothituj whilst he was' at the farm. He loft to go and work for. his sister at Haivera. Ho »sVed for tho money dnc to him and defendant said ho would send it to his mother. ' To tbo Magistrate: He could milk about 8 or 9 cows an hour and milking for jibout three hours night and morning. Harold Jordan, brother of ulahitiff, stated that ho visited Stanish 's form in April. 1906. Ho corroborated tho plaintiff's statement regarding tbo r-onvorsation about the pig. Xiator *dofondant had said ho was paving witnosfi'a brotbor 8s a Avook, and this would bo incronsod ta 10s if he improved. Mr Jobnstonc snid tho dofonco was a flwcifio clonifll that there was any contract entered into- between the parties as to wages and 'contended thnt tho boy's clothing and ke'ey was sufficient remuneration for the work he was able to do. Defendant, in evidence, said tho boy bad arrived at the farm in December, 1905. Witness knew nothing about his corning. Ho was a small delicate chap, and could hardly do anything. Bo did not even know how to tie a cow's log up. Ho could not milk, and witness had to waste his own. time tench ing him. He stayed two months, and then bis mothpr sent for him to return to town. Witness gave him sufficient money to pay his coach fare and a few shillings to have in his pocket. Ho left tho farm at 7.16 . to catch tho coach, which wont at 9.15. He had only two miles to walk, but returned at mirl-dny ' saying ho had missed tho coach. Plaiii-

tiff then said he would prefer to stay on at the farm, but no arrangement was made in regard to payment of wages. He lived as ono of the family and was apparently happy. Witness provided him with clothes. He remembered paying plaintiff £2 in July of 1907 and borrowing some days later 14s of this amoiint. He had paid to the plaintiff's mother about £8. - To Mr Grey: Witness asserted that, ho had known nothing of the boy's coining to the farm. He had paid his coach faro as an act of friendship. He denied that he had given plaintiff £2 after he, had been *at the farm a few weeks. He only gave him Bs. It was in July of 1907 that he gave' him £2 to buy clothes. On a subsequent Sunday ho asked tho bay for a loan as he was going to church, and Jordan told him he could got it from his pooket. Witness took Is at the time ana 13s a few days later. In the first year the boy did not do enough work to keep him in tucker. Plaintiff had never washed the house dishes up and had only assisted, to feed the calves. In between milking times he used to go and sit in the bush. He used to get up at 5.30 in the summer and 7 in the winter and went to bed at 8.30 or 9. His Worship gave judgment for the plaintiff for the full amount claimed.