Chicago Licensed Holding

Thames Star, Volume XXX, Issue 9025, 24 March 1898, Page 2

Chicago Licensed Holding

In the breach of contract case held at Warden Court yesterday Mr McGregor was further examined. In answer to the Warden he stated that the tender of Barnett was accepted before lie saw it. He had nothing to do with •■_ accepting cenders and was not present when Barnett signed. , Harry Henderson Pitcher, an employee in the Chicago grouDd, said he remembered Barnett's party commencing work There were then several tons of quartz in the paddock; and while they * were there some three or four tons were placed ia it. When they left there were about 12 tons there. There was a good deal of trouble on account of the contractors saving too" little quartz. Smythe spoke to Barnett in witness' presence, telling him to put the quartz on one side and the mullock on the other. Smythe said they would have to save the quartz or else the contract would be determined, Smythe spoke to the contractors twice. The manager told

witness to save the quartz and throw the muliock over the tip. When witness was working, he never interfered in any way with the contractors.

To Mr Miller: The reef pinched out the first week witness worked there.

CLarles McGregor said he heard the manager tell Barnett he would hare to pick the bits of quartz out. Barnett replied that he would not do ao. He tried to help the contractors whenever he could, and sometimes waited for a quarter of an hour before firing shots, so as not to hinder the contractors through the smoke.

Thomas Donoghue also gave evidence. He said that in the first week of the contract he heard Martin say he was not going to save anj' — quartz. To Mr Miller: The mine was not run by Mr McGregor and his relations. John McGregor, another employee, said he had been working on the mine for six months. He remembered the tram'rail being pulled up to keep the contractors Jrom throwing the quartz over the tip. In spite of being told not to do so, the contractors continued to throw the quartz away.

To Mr Miller: The reef was never less than a foot in width, though more often it was two feet.

ihomas Dunbar said he lent Barnett £2, which he said he required to put in with a tender. This was sometime in January last.

This concluded the case for the defence.

Mr Clendon asked the Court to adjourn the case until to-morrow to enable him to look up certain cases bearing on the matter.

Mr Miller objected to any adjournment being granted and the "Warden declined to allow it.

The Court was, however, adjourned for 20 minutes to enable Mr Clendon to get his law books.

I Mr Clendon and Mr Miller addressed the Court, after which His Worship said that he would visit the uaine today and that he may be able to form an opinion as to the quartz being thrown over the tip. He would reserve his decision until Friday afternoon, *■ i