A CLAIM FOR ARCHITECT'S COMMISSION.

Wanganui Herald, Volume XXX, Issue 8990, 23 October 1896, Page 2

A CLAIM FOR ARCHITECT'S COMMISSION.

T. B, Jaoobsen v- J. Brennan.

The Court resumed at 9.30 this (Friday) morning, when Mr Jacobien continued his oase, and called

John Brennan, the defendant, who on oath stated that he was the proprietor of the new hotel. Bemembered the morning after the specifications were stolen meeting plaintiff and telling him that he ought co have had a >afe to keep them in. Bemembered saying that he had passed plaintiff's offloe about 9 o'olook the night the speciffoations were taken. Next morning went to the police station, and plaintiff accused two persons of baing suspeoted. The iereeant told plaintiff to try and obtain particulars Gardiner came and notified witness that he found the specifications at the edge of the water, near the Maionic Hotel; they were wet. Witness gave Gardiner £5. Davis lived near tho Maionio Hotel. The police saw the specifications at Mr Brennan's. Plaintiff never asked for the sped* ficatioos. They had never been used. Did not think he ought to have returned them to plaintiff.

By Mr ITitsherbert— When McEinnon threw up the job, went to several contractors to get 'them to give a prior, but they would not tender os they would not work under plaintiff

By Mr Jacobsen — One of the contractors had previously tendered, but ho afterwards sent a note saying he did not like working under plaintiff Got quantities from plaintiff, but put them in the safe, and never made use of them.

Joseph Walter Strudwiok, .builder and carpenter, worked on Mr Brennan's hotel, and had 45 years' experience. Was engaged by Mr Adams some time in May Bemajned there three or four days, and' made boxes for the conorete. Noticed there were footings on the oellar foundations, and i remembered seeing a slip and an old drain on the side of tho wall next to Solaoder's It was raining very often. Bemembered mud being thrown at the baok of the wall, and heard plaintiff objeot to Mr Brennan about ifc being done. Witness also said it would be dangerous to the wall, and somebody asked him how long he had been an arobitect. Plaintiff said if the mud was thrown in the slip it would endanger the wall. Brennan replied ' Shov<) it in ; shove it in.' Next morning the wall wai bulged in, and heard plaintiff say ' There's a nice roeis ,- I told you what would happen,' While working there often had a smile to himself »t the wrangling between Brennan and Jacobsen, Thought defendant should not interfere with the arohitect. Had contracted before under plaintiff, and never had any trouble with him. Never knew him to be tbo worse of liquor. During the time witness was on tno job plaintiff wai constantly there from 8 to 5.

Cross-examined— The boxing was removed before witness left. Was there 2} days. Mr A,dam» was there all the time. Left beoause fresh arrangements were made with the men, Mr Davis being then put in ohargo. Brennan seemed to pooh-pooh the work that Jacobsen did.

Cross-examined — Ha-i been a policeman for 16 tears of the 45 years mentioned. Asked Mr Davis to put witness on the job afterwards, but he said he could not, as Mr Brennan was boiii Had worked for Mr Davis at Ohingaiti.

William Adams, carpenter and joiner, had been in the building trade for 24 years in England, Wales, and New Zealand. Had put up a large number of hotels. Was engaged to supervise the ereotion of Brennan's Hotel by Jaoobson, and the remuneration was fixed at 12s per day. Brennan ' said, ' You oan consider yourself in oharge until I disoharge you.' Was foreman under MoKinnon before he took oharge. Was shown the pegs by Jacobsen and Brennan. There were two pegs in St Hill Street. Came to the oonolusion that we would work to the outside peg. Brennan, Jaoobsen, and'McKinnon were there. When they started te lay the foundations out, after getting the lines down and squaring the angle in St. Hill Street, they found the snotion was not square. They were five inohes in from the street line, jacobsen's and Brennan's at* tention was drawn to it. Brennan said that they were to keep the building baok to the square Hues. The sub-contractor Murray then started to put the oellar down on the lines given to him. Some conorete was put down as a footing to the oellar wall, from 12 inobes to 3 feet, and then tbe walls were prooeeded with. Put his line down again on Taupo Quay, at right angles from St. Hill Street again, and prooeeded as arranged previously; From St. Hill Street oorner to Solanders' allowed 11 inohes for the frame, whioh was to be 66ft Bin on Taupo Quay front. Oat the timber from, tracines supplied by MoKinnon. That allowed witness 5 inohes. Was down at. the hotel yesterday, and found the frame of the building was still 66ft Bin, but on the -corner of SoUnders there was a projection of 2i inohes on the conorete work. It was an etror on witness' part, but it could be easily remedied by taking a coal ohisel and cutting it down. Emphatically disputed Atkins' statement!. Lelt the works after most of ths concrete was done. Believo Mr Brannan gave instructions that the oellar floor should be put down. Witness was asiisting, and trod on a nail while down the [oellar, which necessitated him remaining at home for two days. Was disgusted with t'io way things were going on. Mr Brennan interfered and witness could not stand it. Witness did not come bsok on the third day, as hii foot was bad. Brennan sent up for witness and when he came down he saw l)avis in charge. Bememberid Jacobsen telling Brennan not to have the stuff thrown at the bsok of the wall, and witness also emphatically protested against it, but Brennan would not let the men throw it further away from the wall. Had never aseen Jaoobsen the worse for liquor on the job, and was never bullied by him; witness would not allow it. The conorete work was all ourtailed. Wonld not think of putting in 6 x 2 corner I studs instead of 6x 6, Mr Brenr.au tried ! to influence witaeis not to take orders from Jacobsen. Brennan seamed to wish to become arohitect, builder, and general boss. Jaoobsen was always on tho works, and he (Jsoobien) suggested that Mr Atkins be sent for to make sure of the proper lines. Bemembered a water pipe being out through and thought it was done maliciously snd intended to injure the collsr wall. Cross- examined— Tiie oraok in tho cellar wall took place after ho left the job. Assilted to remove tho boxing under instructions from Brounan and Jacobsen, Would certainly not have removed the boxing if he had had his way. Did not consider himself responsible for the wall.

80-examined— Urennan was most anxious to put the cellar floor in.

By the Benoh— Strunwiok was saoked because the staff was to be reduced.

Poter MoKinnon, contractor, alio gave evidence Tho Court adjourntd at 12.40 till next morning at 10.80.

People are getting more enlightened every day. The old-fashion«d style of physioing one's self up with Salts, Nauseous Pills, Castor Oil, to., is a thing of the past. TJp to date folks tako up to date preparations such as Woods' Fig Laxative, the Fruit Apsriont. It cleantes the system of all impurities and renews tbe vitality of the constitution, Sold everywhere for Is 6d and 2s 6d.