LAW REPORTS.

Dominion, Volume 6, Issue 1848, 6 September 1913, Page 14

LAW REPORTS.

— 1 SUPREME COURT. CLAIM FOR 323 WEEKS WAGES. BY HOUSEKEEPER. UNBUSINESSLIKE RELATIONS. Wages alleged to be due for services extending over a period of six years formed the subjcct of a civil claim before his Honour Mr. Justice Chapman in the Supreme Court yesterday. Tho plaintiff in the action was Jane Hudson, married woman, of Wellington, and tho defendant was J. D. M'Phee, bootmaker, of Wellington. Mr. T. C. A. Hislop appeared for t'lio plaintiff, while Mr. J£. J. Fitzgibbon appeared for M'Phee. The claim was for wages for 323 weeks from March, 1007, until May, 1913, at £L per week, less £4 paid to plaintiff by defendant in April, 1907, damages for wrongful detention, £200; and interest on the.amount of wages at Savings 13ank rates. liy way of defence, M'Phee admitted that wages were due at the rate of £1 per week. He,, however, denied wrongful detention! and counter-claimed £5(3 7s. for board and lodging. ' Plaintiff's claim for damages for wrongful detention was abandoned. Defendant had paid into court a sum representing the difference between the wages claim and the counter-claim. After hearing evidence, his Honour said that both parties had) acted in a most unbusinesslike manner. The case ill his Honour's opinion was merely a wages claim. The counter-claim was an afterthought, and could not now be entertained. The "'claim for interest stood on much the satno footing. Judgment would be for plaintiff for tho amount of wages for which it was necessary to sue, and! costs would be as on a claim for that amount. - MAGISTRATE'S COURT. DUEL WiTH WHIPS. THE CABMAN'S HORSE SUFFERS. Flogging a horse constituted tho gravamen of a charge which was brought in the Magistrate's' Court against Charles Physick, cab-driver. Ho pleaded not guilty, and was defended by Mr. P. W. Jackson. . A witness for the prosecution stated that Physick had struck tho horse fully twenty times over the shoulder with a wliip. Tho animal did not belong to~ bim—it was the property of another driver. A policeman who had examined the horse doposed to finding certain marks on it. For the defence, Mr. Jackson contended that the whole trouble arose out of a quarrel between Physick and a fel-low-driver. This other driver had jumped Pliysick's claim outside Thorndon Railway Station. His client had not intentionally struck the horse, but, during a duol with whips between tho two cabmen, the animal might liavo suffered. ■ After hearing evidence of a very contradictory nature, the magistrate imposed a fine of 205., with costs amounting to ,17s. CABS AT THE STATION. Physick was further charged with plying an unlicensed vehiclo for hire at 'l'horndon Station.- The defence was that tho owner of the cab, — M'Williams, was responsible. M'Williains had recently forwarded £3 to the stationmastor at Thorndon, to pay for the licenses of six of his cabs—at tho-rato of 10s. a cab per annum. The Railway authorities only accepted 30s. for three cabs, returning the remaindor of the amount, with a statement that the licenses of the other cabs "had not yet expired. The authorities "had also intimated that they would notify M'Williains when the licenses fell due. The magistrate held that a technical breach of tliclregulations had been committed, and ordered defendant to pay Court costs, 9s. THE CAMP COOK'S CASE. Points in.- relation to the obligations of Territorials in special circumstances woro raised bv Mf. J. J. jVl'Grath ill tho Magistrate's Court to-day, in dafending Geo. D. Watson, who was charged with failing to attend a parade as required under tho Defenco Act. A sergeant-major gave evidence to the effect that Watson had not attended anv drills since the camp in May last. jlr. M'Grath contended that there was ik>* proof of service of notice to attend the parade on Watson. The evidence of tho prosecution stopped sliort at tho fact that an officer had received instructions to" send this notice, but there was no proof that this instruction had been complied with. The action of tho Department in prosecuting \\ atson was tantamount to a breach ot fa Defendant stated in evidence that he was a tram conductor, and that m May last ho attended the annual training camp. There he acted lin tbo capacity of an assistant-cook, and under an arrangement made with Captain Hawthorne ho was (in consideration of this fact) to receive Is. per day extra. .Iho officer had promised that if no acted in this capacity during the whole of tho camp it would'count as one year's traininnst. Ho would thus not have to attend drill for another twelve months. Watson went on to say that he had -fulfilled his part of the agreement, and since returning from tho camp he hail not. received anv notico to attend drill. , The Magistrate (Mr. W. G. Riddell, S.M.) held that the defendant could not be convicted. . Frank Ellis, similarly charged, did not appear. He was fined 55.,. with tho ajternative of 24 'hours' military detention. PURLOINED SHOP GOODS. According to Police-Inspector Hendry, Ada Smith Firth, who pleaded guilty to a number of charges of theft, had had some.experience ill shoplifting. Accused was a rcspectably-dressed young woman, whoso arrest was duo to the -fret that sho had been caught in the r/t of removing a brief bag hanging in the doorway of a shop. The owner of tlie handbag gave chase, and the young woman spent Thursday night at the police station. Her arrest led up to tho discovery of various othor escapades. Besides pleading guilty to tho theft of articles of a woman's underclothing, accused admitted that she had stolen a pair of ladies' shoes, tho property of R. Llannah audi Co., and some metal ornaments, and a glass vaso. Inspector Hendry's statement was to the effect that the woman had entered certain shops, ostensibly to make .small purchases, - and while tho shopman s attention was engaged her hand got busy. Bis Worship remanded accused for jiontenco till Monday. OTHER COURT CASES. Fof ill-treating a horse; Tlios. Cramp was fined £3. For driving an express round'a street corner at.other than a walking pace, Hercules Nic.holl was fined os., and Court costs. 7s. Several charges against persons who had failed to comply with drainage notices wore adjourned. One defendant named John White was fined £1. ] A flue of 10s. and oosts 7s. was im-

posed on Anthony Alderson, who pleaded guilty to a chargo of placing an obstruction in a public street. A. Samnlons was fined £3 and costs 235. for using certain language on the Lower Hutt railway station. On a chargo of false pretences, James Fitzpatriek was rennindetl to appear at Carterton on Monday. Samuel Jeffries was remanded until September 12, on a chargo of theft of a Hi" valued at £7 10s., the property of Ethel Davis. Patrick Daley was fined ss. for allowing a horse to wander at large. A sentence of one' month's imprisonment was iinposed on Francis John Ofsoski, for disobedience of a maintenance, order in respect of his wife and four children. For 'insobriety Marga.ret Webster was fined 20s.