MAGISTERIAL.

Gisborne Times, Volume XXVI, Issue 2145, 21 March 1908, Page 4

MAGISTERIAL.

FRIDAY, Alarch 20,

((More Mr AV. A. Barton S.M.)

A DROA T ERS’ CLAIM,

John Guilford and Herbert Bergstrom (Air Bright) proceeded against Emmet O’Sullivan (Mr Stock) lor £3, lor two days droving alleged short paid. (Irahame Johnston, secretary ol the Sheepfannors’ and Drovers’ Association, gave evidence that on March 3 dolondant communicated with him by telephone asking him to engage two drovers to be at Air Scott’s, ivaiteratabi on the following morning. AA’ent out anti got plaintiffs and despatched them. Nothing was said about wages. The usual rate was los per day from the time a drover left home until he arrived back. Part of a. day was treated as a full day. On March 0 defendant. rang up and asked if no would have to pay .for tho men going out and coming back and lor the day they -arrived. Defendant said ho lived ‘2S miles irom town. AA itness said men who had been on tho road with sheep that day could not bo expected to go back to town on the same dav.— Bv Mr Stock: Tho distance from Scott’s to Kanaokanao was 12 miles. Tho plaintill's left on the 4th. It was 10 miles to Scott’s. They would liavo to leave tho night before to get the.ro the first tiling in tlio morning. The dogs woro tired, having iust finished another drive. Plaintiffs told witness they arrived at Kaiteratahi at 5 a.m. on tho 4th. If the sheep had been delivered at Ivanae'kanao at 10 a.m. on tho third (lay, plaintiffs were entitled to pavmont for tlio fourth day. Under the rules of the Association a man could claim payment from two parties, if lie finished one job and took another on tho same day. John Guilford, drover, said that on Alarch 3 he was engaged by Johnston to go to Scott’s, lvaitoratahi. Witness and Bergstrom left town at 1 a.m. on tho 4th and arrived at Kaitaratahi

at 5 a.m. Near Ormond passed ono Parsons taking on somo sheep which witness was to drivo from Kaiteratahi to Kanaelranae. Had breakfast at

Kaitaratahi, and left for Scott’s about 7 a.m. When he arrived at Scott’s tho sheep which had been passed had just arrived. The sheep woro in poor condition and were also hungry. Tho first day they covered four miles. Altogether tho sheep had travelled eight miles that day. On the next day they arrived at Kanaekauae at 3.00 p.m., and on tho following day tho sheep were delivered on defendant’s property about 10.30 a.m. On their return saw defendant who asked witness to shift the sheep from where they had been put into the yard which ho did. Defendant said ho would not pay for five days, but would pay for three days—tho actual driving time. It was decided to get the matter decided by Jolmston. Defendant rang up Johnston and told witness that Johnston had said tbov were only entitled to three days. Defendant paid for three days. It was the usual practico to allow a day for coming and going.—By Air Stock: Had been droving •in the district since January last. Had been driving oil Alarch 2, but tho drive finished in to mi. Did not think

it- was as Into as 5.30 a.m. when tho slieep were passed at Ormond. The total distance from Scott’s to defendant’s was eleven miles. AA r ould bo surprised to hear that persons had seen him at Kanaekauae at 12.30 p.m. Tlio slieep travelled about five miles on the day Kanaekanae was reached. They, stayed in tlio yards that night, and leaving at daylight next morning they reached defendant’s at 10.30 a.m. It was 2 o’clock before they got finished with defendant, and if they had loft for town they would have arrived very late at night. The sheep tallied 1212 at- Kaiteratahi. Could not say if they tallied eight short at defendant’s. —Re-examined : Travelled slowly because there were about a dozen tailing off in the rear owing to lameness and poor condition. Herbert Bergstrom corroborated tlio evidence of the previous witness. The tally at defendant’s only showed two slieep short, these sheep having been left on the road.—By Al-r Stock: On til'd trip out did not stop anywhere. Did not remember defendant arranging for taking delivery on the second night. The distance fro.m Scott’s to Telford’s (where tho first stop was made) was about five miles. From Telford’s to Kanaekanae was also about five and a half miles, and defendant’s place was three miles further on. Arrived back in town about 3 p.m. on the day after delivery. Came back via To Karaka as they had some business to do there. AVitness stayed at defendant’s all the day following delivery. The dbgs were very tired. Oliver Ready, drover, said lie saw plaintiff’s at Kaiteratahi on Alarch 4. Saw the sheep Parsons was driving. They were very low in condition and some were very lame. The time taken by plaintiff’s was reasonable. For tho defence A. R. Hine said that lie had had experience of droving for the past twenty years. Scott’s yards were about fifteen miles from town. Drovers to start work on a certain day could not start from town at 5 a.m. on the same day. From Scott’s Ao Kaiteratahi was about fifteen miles, and a drivo of sheep should occupy only two days- if 'tho sheep were in fair travelling' condition. Drovers woro not entitled to be paid anything before taking delivery. If the drover’s dogs wore footsore after giving delivery a further half day might bo allowed. Dr/wers should not be allowed a whole day if they had only about twelve miles to come back. A. S. AA r achsmann said, he 'knew of no arrangement by which drovers wore allowed a day beforo and a day after on drives of short distances. AA'ould allow if drovers i/jok delivery at Kaiteratahi at daybreak. Even though sheep were tired key could travel from Scott’s to Kanvs.i '.me in two days. By Air Bright: A good deal would depend on the condition of tho stock. It was the duty of tho dhovers to see that tho slieep were pot overtaxed. —Re-examined: Tired steep could easily do the distance in two days.

Emmet O’Sullivan said that he knew nothing of any arrangeimnts to pay the drovers for tlio day beforo and the day after. There was no stated time for the drovers to take delivery. The slieep Parsons was driving had come from AA'hatiipoko on tlio day beforo plaintiffs were engaged, and travelled from Ormond to Kaiteratahi oil the next daj. The sheep were fat. Plaintiffs left Scott’s about 9 o’clock. Saw the sheep n-xt at Shanks’ paddock, after do l very, about 10.30 a.m. Before leaving Scott’s witness said to plaimiff’s that be would take delivery ( lie next ovuiing. After delivery plaintiffs claimed ,(or five days, but witness would only pay for three, Telephoned to Johnston wdio said'that the men were not entitled to a day before and a dry after. Did not agree with plaintiff s to abide by Johnston’s decision oil tho matter. The drovers had no necessity to stay about after noon on the thiid day.—By Air Bright: Knew that tlio portion of the sheep beside that driven by Parsons had come recently from Arabia to Alotu and hence o, to Orn/ond. —Re-examined: The sheep had rested for five days teiocc Icing driven to Scott’s

John Parsons, drover, Ormond, 6aid that he took a mob of defendant’s slieep from AVhataupoko to Ormond. Left Ormond at 4.30 a.m. the r.ext morning. Plaintiffs overtook witi ess about 5.30 a.m. Told plaintiffs, whose sheep he was driving, and they said that probably they were tho sheep they were to take . There was only one lame sheep in tho mob. Plaintiffs arrived at Scott’s about threequarters of an hour after witness. Advised defendants to allov r two days for driving the sheep to Kauaekanae.—By Air Bright: On the first day took his mob from AA’hataupoko to Ormond (five miles) and the next morning to Scott’s (four miles). AVhen Telford’s was reached tho sheep had travelled about nine miles that day. Tho other part of the mob were in fair condition, but not like sheep just off a station.

_ Ernest Hindrup said he saw plaintiffs at Kanaekanae on Alarch sth at 3,30 «.m. Previously met them

about two miles past Tcltcml’s at about 10 a.m. It was live miles from Telford’s to Kanaokanao and defendant’s place was 2.j miles further on. The sheep could easily have been delivered that day. After delivery hoard the dispute about payment.— By Air Bright: AVhon he saw tho slieep there woro about three stragglers, but tho rest woro going well. Defendant’ place was about 28 miles from Gisborne. Defondant said Johnstone had laughed when asked about the two extra days.—Re-exa-mined: AVhon counted out, the sheep were found to bo eight short. — 111- Mr Bright: Tho fence of ono of tho yards was in rather bad repair. ‘ Frederick Shanks, settler, lvunackanao, said lie saw pSaintiJTs on March oth. At about noon they woro doing something with a young horse. —By tho Court: A reasonable drivo for a day was about eight miles. Tho sheep woro m good driving condition. , , Edward 8011, To Karaka, said ho saw plaintiffs driving sheep on tlio Kanaokanao road on Aiarcli otn. At noon plaintiffs were about four nines from defendant's property. . Cecil Heigh ton, Kanaokanao, sanl that, on- Alarch sth at about 10 o’clock ho saw plaintiffs about l) miles from defendant’s place. About 12.30 p.m. they were near tho rivei, about‘2l miles from defendants.— Bv Air Bright: Between 10 a.m. and 12.30 n.m. plaintiffs travelled about three miles. , , . The S.AI. said lie thought, plaintiffs had been paid all they wore entitled to for the work done. Judgment would bo for defendant, with costs £5 18s Sd. DRUNKENNESS. Three first offenders were fined Bs, with costs 2s, the amount oi tlionbaAda Aliller, alias Hansen, twico previously convicted during tho past six months, was sentenced to 14 days imprisonment. A prohibition oidoi was also granted against her. PROHIBITION ORDER. A prohibition order was granted against a young man.