RESIDENT MAGISTRATE'S COURT

Ashburton Guardian, Volume IV, Issue 1090, 2 November 1883, Page 2

RESIDENT MAGISTRATE'S COURT

ASHBURTON.— To-day. (Before H. 0. S. Eaddeley Eaq, R.M.) Drunkenness. —J. Connor was charged with being drunk and disorderly and using obscene language ; fined 5a or 24 hours on the first charge, and on the second charge L2 or 7 days’.—John McOlimont, for being drunk on the railway station, was fined LI. CIVIL OASES. Ashburton County Council v. Kingsbury, claim L 3 ss. Mr Purnell for plaintiff, claim for costs of serving summons. Judgment by default. 11. Lancaster v. Me Avey, judgment summons; order to take effect in six weeks.

Same v. Ringwood, claim L2 17s Cd; judgment for amount claimed, with costs. Martin v. Bean, claim L 3 lls 3d. Mr Crisp appeared for plaintiff, This was a disputed account, part of the amount (LI 6j 5J having been paid.—Judgment for L2 ss. A Mayer v. Chamberlain i u£d Hartnell, claim L2 10s fer foi defendants. /[/1 | A/ * i \

O’-'hea v. J. R. Dunn, claim L 36 7s 4d. Mr Purnell appeared for plaintiff and Mr Wilding for defendant. In this case it appeared that Dunn hid taken a harvest contract at Southland, and had inducad O’Shea to join him on the understanding that the profits made out of the transaction should be divided.—John O’Shea, sworn, said he was a contractor living at the Ashburton Forks. Defendant had spoken to him about the beginning of February last about joining him in taking a reaping contract down South, on th« understanding that they were to go mates, each party to be r half the expense. Ho arrived in Ashburton about 8 o’clock on the evening of February 5, when he saw defendant who asked him if he had brought down the horses. Defendant told him that he hadbaen trying to secure some machines but had so far been unsuccessful. He went out himself, returning about 12 o’clock. In a conversation he then had with defendant, it was arranged that he should either go mates or receive L 3 per week with LI per week fnr each man and horse and keep also. He went to Southland with defendant, starting from Ashburton on Bth February for Winslow to get the machines. Had to go himself and take his man and horses. In addition to hia own six horses there were four others. They reached G >re on Saturday, where the horses were taken out and fed, after which they went on to Elbow, where they stayed two days and then went on to Five Rivers, where they had to commence their work. Hia six horses were working the whole of the time that the contract lasted. He returned to Ashburton on the 10th March, as soon as the contract was finished, leaving hia horses behind.

After his return defendant had written to him, promising to send his account so that they could have a settlement. He had also received a second letter with acheque enclosed for L 4 19s lid, to which he replied, sending a receipt for this as payment on account. He saw defendant about the 27th May and told him he wanted a squaring up, when defendant told him he had only a few “ bob ” in the bank,.and as he was getting hia accounts collected he would settle up as soon as ho got sufficient in. The account had never been disputed. He saw defendant last about this account on Sept. 22. The current rate of wages for harvesting last season was L 3 per week and found for men, and from LI to H 10s for horses. Had been farming in this district about five or six years.—Cross-examined by Mr Wilding: Had had conversations with different contractors about this case, and also made uaa of his pocket-book to refresh hia memory about dates. Had asked Holmes what defendant had offered him

to go to Southland, to which he replied that defendant had offered him L 3 per week and LI for each horse from the time of starting until iheir return, all expenses clear. Told Holmes why he asked for this information. In making arrangements with defendant witness was promised the same terms that were offered to Holmes. Paid Casey L 3 per week; the last payment was made by defendant by cheque to Casey. Defendant had never paid him more than the L 4 19s lid, for which he had given a receipt, and the balance of the account had never been disputed.—By Mr Purnell : Bad rendered the account to defendant some weeks before he saw Holmes.— Thos. Holmes, farmer and contractor, had been spoken to by defendant, who told him he had taken a large contract in Southland, and wanted him to go with him. He replied that he would require a good price as it would be ery expensive taking men and horses from Ashburton, also that wages were very high here as Mr Saunders was paying L 3 each for men and LI for horses. He did notjeare about joining defendant, a? there was a great deal of risk taking horses long distances. After the harvest was over horses could be had from 10s to 15s per week.—Plaintiff in replying to Mr Purnell, said he had paid Casey from 9th Feb. to Bth March, together with travelling expenses.—W. It. Dunn deposed that he had sent word to O’Shea that a large contract was advertised in Southland, but that he had a difficulty iu the matter of obtaining horses, and asked him to join him O’ bea nromisod to assist him inohtuning machinery, but had failed to do so. • He seemed to be vary anxious to go South, and sail he would agree to any reasonable terms. At the time he had this conversation with O’Shea he had not spoken to Holmes about terras. O’Shea promised to go South with him if he paid him the same as he paid other meu, as he wanted to go to Southland to take up land, and he wished to sea the country. It was not true that he .had told O’Shea that he had offered Holmes L 3 a week for each man and LI for each horse. It was in consequence of O’Shea’s inability to supply the machinery that he went to see Holmes on the following day. Did not offer Holmes L 3 a week for each, man, LI for each horse, and LlO for the season for the use of the machines, but simply asked him if ha would agree to these terms simply as a test. Had made a memorandum of the terms of agreement he made with the men at the time. Did not promise to pay travelling expanses. O’Shea asked him to pay the whole of the freight, also to purchase two tickets for him, as he raid he had a cheque but being pushed for time had not been able to get it cashed. In the train O’Shea paid him

back, and said that as ha was afraid his money would not last out, and asked him to pay the rest of the expenses. They started the harvesting work on the 16th March, and O’Shea worked for him only four weeks, and the horses were working the same time. Was dissatisfied with the

work done by Casey, and although O’Shea

was a very witling man he was inexperienced. O’Shea’s horses did not work well at first, and were inferior to other horses on the ground. Had not paid more than 15s for any of the other contractors’ horses, and did not pay their travelling expenses. Did not pay the other man the time taken up for the journey, but only from the time they commenced work. Agreed to pay men with horses L 3, and those without L2 10s.

[Left sitting.]