RESIDENT MAGISTRATE'S COURT

Ashburton Guardian, Volume IV, Issue 1091, 3 November 1883, Page 2

RESIDENT MAGISTRATE'S COURT

ASHBURTON.— Yesterday.

(Before EL 0. S. Baddeley Fsq, R.M.) [The following evidence was taken yesterday after we went to press in the case of O’Shea v. Dunn ] Casey left off working on the 11th March in consequence of a dispute about a broken machine. O’Shea left the ground on the morning of the 14th March in order to take up another contract. In the letter he received from O’Shea there were no details of contract mentioned, but simply an acknowledgment of the receipt of the cheque which he said he received on account until he had an opportunity of seeing him. Did not get an account from O’Shea until the end of August, about seven months after the work w s done.—Cross-examined by Mr Purnell : Told O’Shea in the first conversation he had that he had a chance with him of a contract down South, and asked him if he j could go down with him. Had another I interview with O’Shea late at night, and nothing was said at that time about travelling expenses. Lent his horse and 1 drays to O’Shea to go to Winslow to see that the machines were properly secured in the railway waggons. Had seen O’Shea’s horses before they started, but d d not object to them. O’Shea only asked him for a settlement just before the summons was issued. -J. W. Silcock, contractor, sworn, said that horses could be obtained at any time exaept during harvest, at from 6s to 12s per week. It was not usual for contractors to pay for time taken up in travelling. When harvest was in full swing, horses had to be paid for at the rate of from 18s to 20 > per week. —By Mr Purnell : On February Bth the harvest was not over in Ashburton, cutting being continued near the hills till about the middle of March The ordinary rate of wages for men in the district was L2 10s. There was certainly a risk in taking horse? down South, and would expect something extra for going a distance. - J. Clayton was in the employ of Dunn, Remembered seeing O’Shea pay Dunn for the railway tickets. Had heard

Dunn complain about O’Shea not getting up'in the morning. —H. Porter went down >outh with O’Connor, who was employed by Dunn to assist in the contract. His travelling expenses were paid by O’Connor Had trouble on one occasion with O’Shea’s horses, as they stuck him up in the river-bed. Went down with O’Connor, and worked for Dunn when he got to Southland.—O’Shea, recalled, swore that Dunn had not said anything to him about him having to find part of the machinery. Went to Healey s to to obta : n a machine for Dunn. In cutting the first paddock they had been working in shifts with two horses, but as several men had been discharged he had suggested to Dunn to work with three horses, so that they could co on from daylight to dark.— J. Holmes, recalled, remembered Dunn speaking to him about machinery, but it was not on that occasion that he made the offer to him to go South. Had several conversations with Dunn about going with him, and he appeared very anxious to obtain his services.—This closed the case for the defendant, and Mir Purnell having addressed the Bench, his Worship promised to give judgment on Tuesday next. The Court then adjourned.