THIS DAY.

Star (Christchurch), Issue 5361, 14 July 1885, Page 3

THIS DAY.

(Before His Honor Mr Justice Johnston.) CONSPIRACY. The trial of Thomris Hough and Bobert Dudley was continued at 10 a.m. Mr Joynt appeared for the Crown. Mr Nalder appeared for Hough, and Mr Stringer for Dudley. ' Thomas Tattenhill (re-called) : Produced the cardß on which the original entries were made. Some cards were missing. Had not had time to look through all the cards, i Dudley's name was not on any of the cards produced. Mr Joynt asked for a further adjournment, so that the witness could search thoroughly. His Honor could not postpone the case indefinitely; the witnesses should have been fully prepared. Mr Joynt could not say his case was j closed. It would be a groat pity that there j should be a failure of justice. _ \ His Honor might be inclined to adjourn, ! en the side of the prisoner, but certainly not on the side of the Crown. Mr Joynt went on with the examination of the witness, who stated that Dudley had not worked for him during the fortnight ending Jan. 17. Cross-examined by Mr Nalder : Did not put the nameß on the card when he knocked them off, as he then had the book. Got the cards from the office. Used both old and new card?. Was not ordered to use cards, but did so to assist his memory. Witness had omitted names sometimes. The omission would be discovered on the pay night. Did not know how it would be rectified. The name would not be placed in witness' book. When witness was absent, Mr Slater had taken the time for him. Never saw Hough under the influence of drink. Witness had been under the influence of drink at his work once nine years and once four years ago — never since. Knew Hans Smith. Never employed him to do private work. Knew Thomas Thompson. He never worked privately for witness. Never employed men overtime. Crosß-examined by Mr Stringer : A man named Clark never took time for witness. Had never been before the traffic manager for insobriety. Was not on the works when he was not sober. Had never been reported for insobriety. The only reason why he could swear that Dudley had not worked for him in January waß that Dudley's name was not on the cards or book. Thomas Bradley (re- called by Mr Stringer) : Last night James Davis, a witness for the defence, spoke to witness on the platform. Witness told him, if he had anything to say, to come into the office. Davis said he had been short paid for a day, but did not wish to offend Government. Witness said, "fear nothing, but speak the truth." This was the case for the Crown. Mr Nalder opened for the defence, and called William Norgate, labourer: Was once short paid — 33 6d, for overtime. Worked on the Gladstone pier, and Owen took the men's time. Supposed so, as Owen had a book Bimilar to those of the foremen. Cross-examined : The 3s 6d was for odd hours or half houra during one fortnight, Yule did not admit it, and witness was not paid. George Adams, labourer : Had been four or five times paid short in eleven years. It was rectified by the timekeeper. Cross-examined: Had not been paid Bhort this year. Last year was short-paid £1 or 18s at different times. Could not remember who were his foremen. Went to Mr Tattenhill on one occasion and got the money next day. Edgar Wells gave similar evidence. His Honor considered that it was established that the system was to put money deficient one fortnight into the next fortnight's payment. Samuel Bruce, crane driver: Had been subpoenaed on Thursday at five o'clock. At a quarter past six Mr Bradley met witness and said, " Bruce, have you been short ? " Answered " Yes, sir, on two or three occasions." He said, " Bow did you get your money ? " Replied, " I went to the wharfinger and got him to take his time-book to the timekeeper." Bradley afterwards said, "Bruce, I don't want to get you into a mess, so we will say no more about it." The following day Bradley came to No. 5 wharf, where witness was stationed at one of the cranes. Messrs Nicholson and Hutchinson were in his company. The latter fetched witness to Mr Bradley. Bradley said, "Bruce, you told me last night that the wharfinger (Hutchinson) had given you an order to get this money." Answered Mr Bradley : " I never mentioned a word about the wharfinger giving mean order : it did not lie in his power." Bradley called witness a liar in the presence of Hutchin&on and Nicholson. I said, "Mr Bradley, Mr Nicholson, and Mr Hutchinson, you are all there; was I ever deficient on the works or not, Mr Hutchinson ?" He said, " You have been, and others beside." Witness had been short paid, altogether two days. Mr Bradley and the others did not come to see about getting a casual man in witness' place. Cross-examined : Had been working about five years. The short pay might have been for more than two days. Had been over a day at one time ; that was when he was working for Mr Hutchinson. Witness got his money in each case. James Davis, labourer : Last night voluntarily went to Mr Bradley and told him he (witness) was short paid once. Mr Bradley advised witness to speak the truth. The amount short was about 10s or 123. The timekeeper had it right, but made a mistake in adding it up. Eeceivcd the money on V c following day. John Huston, office-cleaner : Went every day to Mr Hough's office. Witness was sometimes rather late. Had frequently taken the numbers down after eight o'clock, as the men went through. Could not tell where Hough was then. Took the numbers down on bits of spare paper. Hough would enter them into his book. One day Mr Yule came in and took the paper away. There would be about four numbers on it. Witness was never at the office after nine o'clock. Cross-examined : Could not remember when Yule took away the paper. It would be the beginning of this year. Did not kuow what Yule had done with it. Hough told witness the same day that he did not get it. Knew no more about it. James Fisher, labourer : Had i>een short paid for an hour or co. Got it rectiGod, perhaps, the following fortnight. Cross-examined.' Was not very often short paid. The last time would be a year or two since. Sometimes found it was correct. Eobert Findlay, labourer : Had been short paid this year— twelve hours. Wns working under Hutchinson. Got the money afterwards. Could not say whether in a fortnight or a month. Gillard wae short at the same time. Fancied it was in January last. Cross-examined: Never found out how the mistake had occurred. Hutchinson's book w.is right, but the timekeeper had not entered it. George Marshall, labourer : Had been i short paid last Thursday, Could not say

whether he had been before that. Was short a day's pay last Thursday, which was pay day. John Owen, labourer : Waa a permanent hand. Very often put men on at the Gladstone pier by Yule's direction. Took the time as a check on Mr Yule's book. Mr Yule would compare the card witnesß gave him with his book in trie morning. Witness always took the time on a card and gave it to Mr Yule. Had done this work for about three years. Joseph Thompson, labourer : Had never got any pay from the railway for work ; done privately for Mr Tattenhill. Was j casually employed on the railway. j Richard Meyrick, labourer : Had been ' ' short paid several times to the extent of a i day and a half for one pay-day. Had been I short paid for overtime. This was put against another boat. : Cross-examined : Was Bhorthalf a day on March IG, and a full day on March 20. Mr Yule was keeping the time on the wharf, and the timekeeper's book then. Mr Button was timekeeper on one of the days. . Mr Yule put it right. Referred Yule to \ Owen, who was keeping the time on the Invercargill. The tally clerk, also, would have witness' name. Had been short previously, but could not say when, or for what amounts. _ j James Smith, crane-driver, gave similar • evidence. , Thomas Bradley, re-called by His Honor : .£IO,OOO a year was paid for casual labour. ' From 160 to 200 casual labourers were paid every fortnight. During the last three yeais only one case of a person not having been paid had come under his notice. j i This was the case for the defence. j Mr Nalder addressed the jury, as also : did Mr Stringer. [Left sitting.]