CLAIM FOR WAGES.

Gisborne Times, Volume XXV, Issue 2076, 10 May 1907, Page 4

CLAIM FOR WAGES.

C. H. Hydo (Mr. T. Alston Coloiiuin) proceeded against William Goidon and George Brocklobank (Mr. Stock), at tho Magistrate’s Court yesterday, boforo Mr. Barton, to recovor live days’ wages, and £2 10s in lion of notico.

Mr. Coleman said that tho claim was for a. week’s wages unpaid. Dotoetivo Maddorn stated that ho called into Williams nr, Ivottlo’s sheds and saw Gordon wit. toam of live horses. One of tho animals had a sore which had nearly healed, but it was starting to crack again. Witness told him to tako tho horse out as it was not fit to work. A roan horse also had a small soro.

By Mr. Stock’: Did not toll Gordon that there was nothing wrong with tho horse. Tho soro was not raw, but cracked, and blood could bo seen. Plaintiff staled that ho was oinployod as a carter by defendants. On 27th April ho gave a week’s notice. Was on weekly terms. On tho fo! lowing Monday morning, 29th, as witness put his horses in harness, Gordon took two of tho sound horses out of the team and put in two with soro shoulders. Witness objected (o this and refused to work thorn. Gor don replied, “If you don’t you can go, then.” Witness thereupon asked for his week’s pay, hut Gordon would not do this. Brocklobank also refused payment. Tho horses working the previous week wore a! sound. The week boforo ho refused to work one, and had boon given a sound liorso. By Mr. Stock: Witness gavo notico because he woidd not work night and day. Did not refuso to take a load to Mr. Rupas’. Did not' uso the words “This is my last week.” Wont for his horses at tho usual time on tho 29th, at about 7 a.m., not 8. The horses ho had boon using ha been taken.

By Mr. Coleman: Distinctly told Gordon on 27tli that ho intended leaving at' tho end of tho noxt week. Gordon was cpiito willing that witness should work if he would take the horse with a soro shoulder. Ho was told to knock off when ho refused.

Mr. Stock, for tho defence, said that on the Saturday there was a dispute about some work, and Hydo said that' that was his last week, and Gordon took that to mean that he had finished, and accordingly he engaged another carter. On tho Monday morning Hyde turned up at 8, not 7.

Defendant, Brocfklebank, deposed that Hyde came in with a load at 10 o’clock on Saturday, 27tli. Witness asked why he did not take a load of casks to the cooperage. He refused, saj ing that he would only take two loads in and one back. Hyde was going back empty, and when remonstrated with said he didn’t care. During the week lie complained of tho sore horse, and witness told him to get another carter. Hyde used a lot of obscene language and said that ho would drive no other horses than those he had been accustomed to. He demanded the five days’ money' and £2 10s instead of notico, in half an hour. Witness said lie could not have it thou as tho bank was not open. Hyde said that no one else would drive the horses, and he wont to tho police station.

By Mr. Coleman: Pcvcrill was not put on in place of anothor man, but in place of Hydo. Did not expect him to work soro horses, and when told about it, instructed him to change them. The liorso was merely chafed, and tho wound was practically healed. E. Rupas said that Hyde was loading some timber for him, and he complained to witness of being overworked. He said lie was done for, and wouldn’t do it for anybody. Was under the impression that that was his last trip or his last week; he did not hear a definite time mentioned.

AY’illiam Gordon (one of defendants) •stated that he started Peverell at work and’ he had gone when Hyde arrived; the lattor put in an appearance at 5 minutes to 8. Ho should have been there beforo 7. AY’lien he came he said “Hullo, what! does this mean?” AA’itness said ho didn’t know whether he was coming or not, and said he believed Hyde’s time was up that night. The latter said “Yes, it is.” However, he was gciing to take the horses out, but afterwards refused, as he did not get the horses he wanted, as somo of them had gone off with Peverill. He then refused to work, and witness himself drove the team. AY’hile in AVilliams and Kettle’s yards Hyde came up and demanded a week’s wages and a week’s money in lieu of wages. AVitness declined this, and then Hyde remarked that the horses were sore and Detective Maddern and a constable came in. They examined the horses and the detective laughed. He did not tell witness not to work the horse. The wound was a scald, not a sore. It would have done tire animal no injury to be worked that day. He changed the horse, but not becavrso the detective said so.

By Mr, Coleman: A carter named AVattie left and anothor carter was employed. Did not hear the detective in his evidence saying that the horse was not to be worked. ’ At the yard he only laughed and was quite satisfied.

James William Fairlie, laborer at’ Williams and Kettle’s, deposed that on the Monday morning, he was ,'it the yard when Detective Maddern arrived, The latter examined the horses and laughed, saying “These horses’ shoulders aren’t bad.” He said the horse had better not be worked. Did not think it was cruel to work the horse; he had worked them while worse. Was not seen about giving evidence. Brocklebank simply called for him before the Court sat. Did not know a jn'osecution was coming off, Did not hear tho detective say there would be trouble if the horse was worked.

His Worship said it was clear that Hyde told defendant Brocklebank that was his last week, and that being so, another man was secured. Judgment was given for amount paid into Court, £2 8s Sd, and costs £1 lTn.