WAGES CLAIM

Timaru Herald, Volume CXLIV, Issue 21052, 2 June 1938, Page 11

WAGES CLAIM

Action by Missioner Judgment for Defendant A further case arising out of the running of a spiritualist mission in Timaru was heard in the Timaru Magistrate's Court yesterday, before Mr H. Morgan, S.M., when Walter Howard Mill, of Christchurch, claimed £39 from Frederick George Smith, of Timaru representing wages alleged to be due. Plaintiff was represented by Mr G. J. Walker and defendant by Mr W. D. Campbell.

Plaintiff's Evidence In his evidence, which was given in Christchurch, plaintiff alleged that he and his wife were engaged by the defendant to take over the spiritualist mission in Timaru. Plaintiff’s duty was to lecture and his wife was to be chairwoman and assist generally. A hall was taken and was divided in two, one part being let for parties and dances. Plaintiff attended to this business and paid over the money to defendant, and he also acted as caretaker. Defendant said that he would raise plaintiff above being on the unemployed, and naturally he expected payment. Under cross-examination by Mr Campbell, plaintiff said that there was no definite arrangement either in writing or verbally, that he was to receive £3 a week, but defendant said that he would pay him. He remained on sustenance during the time he ran the hall in Stafford Street. He made weekly declarations requited by the Employment Office, but did not include anything as earnings from the defendant. A man named Webb was engaged by Smith to come to Timaru. Smith wrote and signed the letter to Webb.

Defendant Denies Allegations Frederick Smith, draper, of Timaru, said that he met the plaintiff on August 2, 1936, when he visited defendant’s shop to purchase goods on time payment. He had not seen plaintiff previously, but he gave him credit to the extent of £4/10/-. Plaintiff said that he had on the average 11/a week coming in from spiritualist meetings, which he held in his kitchen. He told defendant of several cases of healing which he had had, and that he was doing the work as a labour of love. He also said that he thought he could do more for mankind if he had a larger room. The following day plaintiff came back and said that he was a stranger in Timaru and had no backing. He asked defendart if he would pay the rent of a room, and that he (plaintiff) would pay the money back. He also said that he was expecting a diploma to enable him to preach in a church. Defendant said that if plaintiff could make the church go, there would be no need for him to be on sustenance. He agreed to help plaintiff With the rent of a room which plaintiff secured. This was in Church Street, but witness did not like the room, and the same day plaintiff returned and said he had another room in the old Goode Intente building. Witness went on to say that plaintiff had no furnishings and suggested that if some stools or chairs were procured, he would pay defendant back later on. Plaintiff said later that his wife was a bit afraid of the rent, but witness assured her that there was nothing to worry about, as he would pay the rent. In order to secure the room, witness was obliged to take a lease. The room was very large, and witness suggested that it be divided in two. He gave plaintiff 10/- on one occasion and £1 on another, the money to be used to purchase flower pots and odds and ends. On no occasion had he paid plaintiff any wages. Witness did not attend any of the meetings, but he received payments from plaintiff in repayment of the rent and the cost of the furnishings. He did not know whether the amounts paid in by plaintiff represented all the money he took.

Mr Campbell: Did anyone make suggestions as to improving the church? Witness: When things were not going too well, plaintiff asked to be allowed to bring in outside lecturers. He objected at first, because he knew he Would have to pay. Plaintiff Implored him to allow a Mr Webb to come to Timaru from Dunedin, and finally he agreed to do so. A letter sent to Webb by Mill was read to the Court and in this a request was made to Webb to come to Timaru, arrangements having been made for his expenses to be paid and also for him to receive wages. When shown this letter, defendant denied having dictated it or even having seen it. At no time had plaintiff made any claim for wages. Witness added that things Improved while Webb was in Timaru, but after he left the church fell away considerably. Witness suggested to plaintiff that he should go to work to help his position! and after that he disappeared from the Goode Intente rooms and opened up in Sophia Street. Received No Profit Mr Walker: What were you in this business; the guarantor? Witness: I guaranteed the rent. What profit were y«u going to get out of it?—Just the repayment of the rent. You were doing it out of the kindness of your heart? —Yes. Who owned the furniture?—l did until It Was paid for. All the assets of the business; it was a business, wasn’t it?—l could not say that. Well, all the assets of the mission were in yout name?—Yes. Say the mission had been a success and gone on, how would Mill prove that it was his business’—By paying his rent and for the furniture. Do you show any payments for furniture in your books’—Not as furniture. Where is the name of Mill mentioned in your books?—lt is not there. You know something about bookkeeping? —No, I am not a book-keeper. How much interest were you to receive?—None at all. You know that if a man lends money at over 10 pet cent he must have a license as a money lender?—Yes. You were a money lender once, weren’t you?—Yes. Once you lent money at 10 per cent.,

and now you give it to charity?—Very often, yes. You have changed your spots. Once you got 10 per cent., and now you get nothing?—How do you know I got 10 per cent? Mr Campbell: He doesn’t know. He is only slinging mud. You paid Webb, did you not?—Yes. Why should you pay?—Because I did not wish to see the church go squash. How much did the church cost you? —Between £75 and £lOO. How much did you stand to lose?— Actually I did not think I would lose anything, because the room was such a good one. Who paid for the envelopes that were printed?—l did. And you paid the advertising?—Yes. You did all this for charity and you’re a business man? —This was not business. After counsel had addressed the Court, the Magistrate reviewed the evidence and said that he had come to the conclusion that defendant was only a backer and not an employer. Plaintiff’s evidence seemed to him to be unreliable. He made no claim for wages until two years after he left Timaru, and only then after another action in which he was sued. In his evidence he referred to defendant as “secretary” and to use that was a contradiction of the claim that defendant was to pay him wages. He could not accept the view that the case was one of master and servant and he was satisfied that defendant did not undertake to pay plaintiff wages as a missioner. Judgment was given for defendant with costs.