MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 1962, 5 October 1888, Page 2

MAGISTERIAL.

ASHBURTON-7HURSDAY.

(Before Mr 0, A. Wray, R.M.) 01 fit BUSINESS. R. Meaolem vN. Fitzgerald, o'aim £17 1b 7d. Mr Wilding for plaintiff, Me Purnell for defendant. Following ia the conoluolon of tbe report of this cane. A lengthy argument arose na to whether the 80* off of £8 was sdmtsaiblu. The Magistrate ruled that It »aa admissible.— Patilck Clarki»«, BDwod tho bigs at Meaolom'fl throahlng machine, Remembered Meaolooa leaving Fitzgerald, A boat 1000 bushels had been threshod. The machine had gono satisfactorily and Fizgerald made no complaint Af ©- Meßolem had loft, Fitzgorald said some chaff was coming out with the wheat and he would like more blast on to take the oh off our. The engine driver said that if tbe blast was altered some of the wheat would be driven Into the ohaff. Fl'Zgerald aald that did not matter, aa long bb he gut h clean sample Aftor the alteration had been effected Fifzgerald said there was rather muoh grain coming out with the ohaff and he oaised the blast to be altered again, ttoina time afterwarda Fl'Zjerald aaid that ther« was too muoh grain left m the straw and he wanted the dram not oloser. The driver told him that theeffeot of that would be to smash some of the grain aad send more out with the oht ff. Fitzgerald aald that he wanted j a go»i sample and the drnm was altered. | Some time after it was reopened, and subsequently yet another alteration was made. The engine driver got alok of the Interference) and witness saw Filz?erald alter the drum himself. Be was satisfied for a little while aud then stopped the maohlne altogether. Before tbe maohine waa altered the threshing was being well done. Witness corroborated a good deal Qf the evidence previously given, When Meaolem sacked the driver he did not ask any of the laechtne hands as to who was m fault Witness did not think the driver was to blame.— W, Judd, bagman fur R. Meaolem gave evidence as to the threshing of tbe wheat and that Meaolem and Fitzgerald had agreed for £5 to be allowed for wheat In the straw — Colin Campbell deposed be took Hartland's place as drl ?er of threshing machinery at Fitzgerald's plaoe. He ex* atnined tbe straw complained of, and they started to put it through again but got no wheat from it. They stopped the atraw going through at the parties made some arraDgement, Very little value was left In the Btraw.— Oroaa-examined: FUza^rald did not complain to Mulr about the threshing and seemed quite satisfied with the wotk— David Fi\zgera\d waa called but did not appear aud Mr Wilding closed hta case.— Mr Purnoll opened the oaae for the defence and called Nioholas Kifzgarald who aaid that on one windy day Meaolem was at the maohlne, whneae asked him to open the drum of the machine and Meaolem told the driver to give the dram two or three tarns towards evening, and this the driver said he did at the proper time- Witness the following day had a look at a heap of ohaff and from tha amount of grain he saw left ia the ohbff and straw he caused the maohine to be etopped. Witueai also examined another heap of ohaff and straw and oomplained of the wheat which had been left m the ohafi. Witness hid not been m the habit of lnterftrlng with the maohlne. About eleven o'olook on Sunday night Mnaolem came to his house and remarked "Is this not a fearful moßn the driver has made of tho threshing ?" Meaolem offired to givb him £8 for the loss of grain And asked witness not to aay anything about the bad threshing Witness agreed to take the £8. The following day the machine was cleaned up and a few forks of atraw put through. Meaolem then remarked that It would not pay to put the atraw through tho rnachfno ngaln and m»rlj> TTltoeai an offdr "6TTEB~lnfitead "of putting the Btraw through a second time. Subnoqooatly wltnoeo had a conversation with Meoleam, who disputed baviog agreed to allow witness the £8. A Mr Hill was present during this conversation. The straw wi»b burnt some time In June, but it would- not have been burnt had wltneas had any idea that Mesclem would dispute tho £8 rompenaatlon. The coal got from Mtu : o!om by David Fitzgerald was got on the same terms as a quantity obtained by witness. Witnoaa only got from Meaolem 1 ton lloft of coal, and he was not at all responsible for the coal obtained by David FKssgarald, • When Meaolem rendered the account for the ooal the weights were charged separately, and the names of witness and his brother mentioned m the aooount. Meaolem quite understood that his brother was poing to pay for bis own ooal. By Mr Wilding : Meaclem had threshed for witness once before. Witness did not interfere with the maohine at all. He asked the driver to alter the maohine on the evening that Meaolem left, but on no other occasion. When Meaolem oame to him on the Sunday evening he called tho driver a lot of names, and said thp driver had attended the maohlne as directed. Witness never tent any of Meaolero's men for Meaolem, to complain of tho work the maohlne wee making. Witner a had no disputed aooount with his brother. Witness oalled the attention of one of his inon to the chaff and straw. He did not authorise either of his men to oartlhe ooal for his brother. Witness instructed bla man to fetch a load of ooal home. His brother had a part of the truck of coal and Leadley another part, — Catherine Buckley remembered Meaclem going to her brothor-ln law's (defendant's) houoo late on the Snnday evening. She heard a conversation about the bad threshing, and Meaolem said ho would put the stuff through tho machine again. Fitzgerald said people would hear about it, and he would not like to Injuro him at the beginning of the season. Meaolem offered to allow Fitzgerald £8, and Fitzgerald . said ho would be satisfied. By Mr Wilding—Mr Meaolem began the conversation and offered to put tho straw through the machine again. Was suro it was £8 offered by Meaolem. Witness had heard Fitzgerald say it was £8. Charles Hill deposed to hearing a conversation botwepu Meaulem and Fitzgerald about some threshing. They were heated and wero talking pretty loud. All he heard was Fi'zjorald say the "stuff was there."— James Jamleson deposed that Robert Maaolem left Fitzgerald's farm to go and thresh for his father. While at his father'u farm Meaolem bad said that the man he had h»d at Fitzgerald's did not understand the maohinr; John McGean deposed that he had boon oat ting for Fitzgerald. Fitzgerald had pointed out a heip of ohaff whloh witness examined and say some grain m It; more than ought to bare been there.— Counsel having addressed the Benoh judgment was given for plaintiff for £U 15s SJ, inoludlng the anrnunt paid Into Court, and coats, The Court then rose.