RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3860, 8 July 1875, Page 2

RESIDENT MAGISTRATE’S COURT.

Thursday, July 8. (Before J. Bathgate, Esq.,, R.M.)

His Worship took his seat on the Bench at twenty-five minutes past eleven. Wm. Marshall v. Donald M'Donald.—Clsim, L 9, being ten weeks’ rent of a house, and 16a lid for milk supplied, less L2 18s paid on account. —His Worship gave judgment for plaintiff for the amount claimed, together with coats.

Robert Carriok, journalist, v. Vincent Pyke. journalist.—Claim, LBS, balance of account due. The original claim was for Ll39—twentythree weeks’ wages, at L 5 per week, and L 24 expenses incurred in canvassing for the Southern Mercury ’—and of this amont defendant was credited with having paid L 54 on account. He now paid into Court L 65175, and the real amount in dispute was therefore Ll9 3s. Mr Brent defended.—Plaintiff said that, prior to November 30, 1872, he entered into an agreement with the defendant. This was partly m writing, being made at defendant’s suggestion, and was subsequently accepted by witness verbally. By this agreement he was to join defendant in the publication of a weekly newspaper to he called the ‘ Southern Mercury.* His salary was to bo at the rate of L 6 per week. In pursuance of the agreement, he entered into jbe defendant’s employment on November 30. } BJ3, and continued until Saturday, May 9. 1874, making a total of twenty-three weeks. On November 30, 1873, in pursuance of

arrangement* made with defendant, he ’ proceeded to Southland for the purpose of canvassing and otherwise making arrangements for the eatabishment of the ‘ Mercury. ’ The defendant told him that the paper was to be started under peculiar circumstances ; that the ‘ Guardian ’ newspaper Company had nsed him badly in not appointing him editor, and that, he wanted to be “ upsides ” with them. (Mr Brent objected, contending that these statements could have no bearing on the case.) This bore on the case, inasmuch as he got instructions to run over the country, and to spare no expense; Pyke’s object being that the ‘ Guardian * Company should know nothing about it, and to counteract any similar project they might propose. Witness went to the Bluff, Invercargill, Kiyerton, and Winton, returned to Invercargill, thence to the Half-; way Bush, travelled the whole bed of the Mataura as far as practicable, struck across the country to Otaria, took Waipahee and Clinton, and then to Balclutha. Here ho met with an accident, and wrote to defendant, wh* was staying at Lawrence. The first journey occupied him fourteen days, and he paid all his own expenses and was not supplied with a horse. Afterwards canvassed ifaitangata, Balclutha, MolyUeux, &c,, and he claimed from defendant L 24 as expenses for twenty-one days during which he was ' away. On the 6th of July last he received a letter from Messrs Haggitt Bros, and Brent, stating that they were instructed by defendant to state that he had paid L 65 odd into Court, and if plaintiff put in a claim to the ‘Guardian’ Company for the weeks wages, May 2to May 9, that defendant would certify to it. He had received L 54 from defendant. Three weeks ago he called on Mr Brent to try and get a settlement, but was kept hanging about for ten days, being con* tinually promised a settlement. He then offered to take L7O, so as to save further litigation.—R. H. Leary, formerly manager of the * Guardian ’ Company, deposed that the * Mer-' cury ’ became the property of the * Guardian ’ Company on May 2, 1874, —By plaintiff ; When was the ‘Mercury’ transferred to the ‘Guardian’ Company’s office?—lt changed hands on May 2, but the publication continued at the old office for some week or ten days afterwards.—By the Bench: They kept a wages sheet in the office. Plaintiff’s name was entered as commencing from the 9th or 11th Thomas Hetherington deposed 18/ 4, he got an IOU for L 4 from Mr Powell of Queenstown, drawn by Mr Carrick on Mr Pyke, the defendant,—Plaintiff: Arid who is Mr Carrick.—Witness: I don’t know.- (Laughter.)—* Defendant deposed that plaintiff entered into " his service on December 6,1873, atthe salary of L 5 per week, and continued in his service until May 2, 1874, at which date his interest in the 1 Mercury’ was transferred to the ‘ Guardian’ Company. At that time he explained to plaintiff, al the request of the ‘ Guardian’ - directors, that it was necessary, for the sake of convenience, that the paper should be published at the ‘ Guardian’ office ' for another week; Plaintiff agreed to continue for that week to publish for the ‘ Guardian’ directors, and witness promised to try and get him continued on the 4 Guardian’ staff. Witness did not deny that plaintiff was entitled to a week’s salary from May 2 to May 9, but he' had sued the wrong party. The ‘ Guardian’ directors were his employers during that time. . One day when he was in the office plaintiff, brought in Dennis Powell, and requested that ho would pay an IOU which he had given Powell a considerable time before. He promised to do so, but subsequently learnt that Powell had left town, and that Hetherington had the IOU. He paid Hetherington the amount. (Plaintiff frequently jumped up during defendant’s examination, and complained that foreign matter was being introduced.into the case. He should have been examined on all the points.) Plaintiff: Did I not advance you money ? —Defendant; I don’t remember.— Plaintiff: Well, I frequently gave you money when you were “hard up.”—(Laughter.)—l spent a largo amount iu.town over the ‘ Mercury.’—Defendant: If you spent money it was fat out of my cash-bag.—Pla ißiff: 'Vou never ad any money in ypar cash-bag.—(Renewed laughter.) Judgment was reserved.