RESIDENT.MAGISTRATE'S COURT,

Wanganui Herald, Volume XIII, Issue 3132, 21 May 1878, Page 2

RESIDENT.MAGISTRATE'S COURT,

(Before E. Hardcastle, Esq., R.M.) CIVII/.

W. Handley v. E. Kohn, claim £10, for money lent. Mr Hodge for the plaintiff. Jndgment for the plaintiff for amount claimed and costs 14s, and professional fee £1 Is. Alex. McMinn v. Jno. Notman and John Ballance, claim £BS. Mr Fitzherbert for the plaintiff and Mr Hutchison for the defendants. This was an action for the recovery of damages for alleged breach of agreement. Mr H. Calders, Postmaster, produced two telegrams, and being an invalid was then allowed to leave the Court, having deposited the documents in thb hands of the Clerk of the Court. Alexander McMinn deposed : I am a journalist ; in December last I was sub-editor of the Marlborough Exptcss; about this time I wrote to Mr Notman asking for employment ; I received an answer almost immediately (a number of letters were then put in as evidence of an agreement between plaintiff and defendants ; the fine of £5 stamp duty waa paid by the plaintiff; the letters were then read showing an offer of temporary employment by Mr Notman to Mr McMinn on the Herald staff, and a promise of Mr McMinn's to be in Wanganui on a certain date.) About this time I received an offer from Mr Ivessr ; I declined this offer ;at the end of my term on the Marlborough Express I prepared to leave for Wanganui ; I left on tho Monday atter my term was up te enter on my engagement on the staff of the Hbhald. While in Wellington on my way to Wanganui I received a telegram purporting to be from Mr Notman ; this telegram had been sent

after me from Blenheim, and expressed Mr Notman's regret at not being able to fulfil the offer of a temporary engagement ; I saw

Mr Ballance, ono of the defendants, on the following day ; ho said that he was sorry to be forced to cancel the offer, but at the last

moment a special influence had been brought to bear ou the matter ; he told me further that he had telegraphed to Mr Notman to en-

sure a liberal settlement of Mr McMinn's claim ; he advised me to go on to Wanganui to see Mr Notman ; I saw Mr Notman on

my arrival and he asked me to send in a claim ; I had several subsequent conversations with Mr Notman in which I represented to him the difficulty I should have in obtaining employment after the abrupt dismissal ; I have been since without employment for about two months until quite recently, when I accepted a situation under the Education Board at £100 per annum ; for a tempoiary engagement on the staff of the Herald I should have expected £5 a week. I was on the staff of the Herald for some time previously and both know my capabilities; I consider £10 a fair charge for travelling expenses from Blenheim, and I think £78 would have been a fair remuneration for my services during the proposed term.

Cross-examined by Mr Hutchison — I have been obtaining ££ a week for uay services ; I used occasionally to write leaders when on thestfiff of tho Chronicle; Ivess offered me the Temuka Leader on purchasing terms ; my engagement on the Marlborough Express was terminated by the proprietor : I did not break up my home in Wanganui on leaving for Blenheim ; I intended to return to Wanganui on the termination of my engagement ; my formal demand for compensation from Mr Notman was for £150.

James Dnigan deposed : I was formerly the editor and proprietor of the Wanganui Chronicle ; I have had 20 years experience of newspaper work in the Colony ; I understand an engagement on the editorial staff of a newspaper to be generally from week to week, and to last during the good behaviour of the employee, or the necessity for his services; the terms of engagement of newspaper wiitera vary considerably ; the services of a leader writer on a paper like the Wanganui Herald would be valued at from £i to £6 per week.

Gilbert Carson deposed : The engagement of journalists is a matter of arrangement ; I don't think there is any established custom ; the remuneration for the services of a journalist in the position that Mr McMinn was engaged to occupy would be according te. the position of the paper on which he was to serve, and would raugefrom £± to £1.6.

This closed the case for the plaintiff.

Mr Hutchison called Alex. McMinn, who deposed : I received an intimation from the proprietor of the Mnrlborough Express that my services would be no longer required, shortly befoie writing to Mr Notman.

John Notman, Editor, and one of the proprietors of tne Wanganui Herald, deposed: I expected to sec Mr McMinn before completing arrangements with him. Crossexamined by Mr Fitzberbert. I intended Mr McMinn to occupy the position of sub-editor on the Herald. He was to have assisted myself in the editorial department. When I first spoke to Mr McMinn after the cancelling of the agreement I did admit some claim of his for compensation. My partner also admitted some claim and told me to arrange terms. My reason for telegraphing to stop Mr McMinn was that something occurred in the meantime that caused us to reconsider our arrangements. Thiß had nothing whatever to do with Mr McMinn. What passed between Mr McMinn and myself I certainly considered to be without prejudice to subsequent proceedings. I have no doubt the engagement would have been completed had we not reconsidered the matter.

This was the only evidence offered for the defence, and Mr Hutchison addressed the Court, contending that the engagement had nob been completed, inasmuch as the rate of

remuneration had not been decided upon. The learned counsel quoted several authorities supporting his view of the case, Mr Fitzherbert admitted that the claim of £6 per week was excessive and therefore waived £2 per week. He contended that the engagement was completed, and that the plaintiff was entitled to recover for the whole of the three months.

The R.M. stated that he would deliver judgment next Court day (Tuesday).

R. M. COURT, BULLS. Friday, May 17. (Before R. WarJ, Eiq., R.M.) Charles Lee Wi'dbore waa charged by Constable MoAnulty with attempting to commit suicide at Bulls on the 16th May, by casting himself into the Rangitikei river. The evidence went to show that the prisoner had been drinkine:, and that he either fell or threw himself from his horse and rolled into the river ; at anyrate he got a good drenching, and this seemed to have tho effect ot bringing him to his senses. The case waflj dismissed. .^

Thos. Cole v. Charles Better. In this case tho plaintiff sought to recover the sum of £7 for damages sustained in wrongfully using plaintiff's horse. Nonsuited with costs, including solicitor's and witnesses' foes, £4.