MAGISTRATES’ COURTS.

Globe, Volume V, Issue 580, 28 April 1876, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH.

Thursday, April 27. [Before G. L. Mellish, Esq., R.M.] Civil Cases. —Briggs v Mclntyre ; claim £lO 10s for work done in connection with the valuation of the Timaru Herald, Mr Thomas appeared for the plaintiff and Mr Garrick for the defendant- Mr Garrick said his client defended the action on principle. The defence was not indebted. Mr Thomas said that his client brought the action on principle. The plaintiff deposed ; I am accountant in the Lyttelton Times office, and hare been so for the last eleven years. I have had the exclusive charge of the books during that period, and consider myself competent to value newspaper property. The defendant came to me one Saturday morning, and asked me if I would assist him, as he was in treaty for the purchase of a newspaper business. That he knew I had had considerable experience, and that he would be happy to remunerate me for my trouble. I asked him what the paper was, and he replied the Timaru Herald. I said this was rather strange, as I had myself been in negotiation for the purchase of that paper in connection with another party sometime previously. I subsequently saw defendant at his own house. , I was to make an estimate as to what the cost of a paper like the Timaru Herald should be. I made what I considered the proper working expenses to come to within about £2 of what they actually are, but I could not see that the advertising would amount to what he thought it would. This took us from eight o’clock until twelve at night. He afterwards wrote to Mr Belfield, who forwarded a number of documents, I had to go through balance sheets and other documents for three years past, and check everything. They had been very badly prepared, and gave me a great deal of trouble. I then prepared a report for Mr Mclntyre, and it took me a long time to do it, I prepared the memorandum produced, and also forwarded a letter which was attached. (Letter produced.) In that letter I stated that I had prepared a proper balance-sheet, which would show what the profits had been for three years. The letter also contained what I considered was best to be done, and recommended that the accounts be better kept in future by Mr Mclntyre if he got the paper, than they had been in the past. The letter also made a claim for ten guineas as fee for the work which I had done. I was a considerable time over this work. 1 bad an immense amount to do before I could prepare a proper estimate. I had to go through a number of papers and balance-sheets extending over three years, besides a quantity of correspondence between Messrs Mclntyre and Belfield, The result was that Mr Mclntyre retired from the negotiation. Before then he bad been very anxious to become a partner. Mr Belfield also wished to take him in as a partner, as he could then himself leave the paper and live in England, I subsequently received a letter from Mr Mclntyre denying that he was responsible to me for anything at all. The letter also stated that I was only to receive anything in the event of the negotiations being completed. I deny most positively that this was the case. Mr Mclntyre and Mr Belfield both agreed that tjiey were not business men, and that is why my services were called in. I would on no acconnt have undertaken this work if I was not to be paid. On the contrary, Mr Mclntyre said he would be very glad to recompense me for my trouble. I Jiave made a very small—indeed a purely npminal claim considering the time and trouble I took in the matter. Cross-exa-mined—lf I had charged him a reasonable remuneration I should have charged him a great deal more than 1 did. I consider that I am entitled to charge 1 per cen t on £6OOO, Which was the value Mr Beffield pqt upon the goodwill of the business of the Timaru Herald. I considered that it was not worth more than £3OOO, and I advised Mr Mclntyre to that effect. As I said before, I consider the sqm charged by me is ridiculously low. If I had charged a fair sum I should have demanded £6O. I do not consider'the whole thing was an offhand matter. The data supplied by Mr Belfield was wholly inadequate to give Mr Mclntyre the information he wanted. The peculiar information I was in a position to give, was from my experience in the T/yttelton Times and in the Press of the colony generally. I am thirty-one years of age. I have been in the Lyttelton Times fifteen years. I have had the whole working of that office within my own knowledge so far as the accounts are concerned. I most decidedly know what are the working expenses of the office. I put Mr Beeves’ balance sheet on his table this morning. I also get my Press experience from what takes place in other newspapers. I consider that I was quite competent to judge what the expenses of Working the Timaru Herald should be. I arrived at the conclusion partly upon the data furnished by Mr Belfield, I did not urge my services on Mr M'lntyre. I only knew the latter through having had to pay bim money for work done for the Lyttelton

Times I believe he was recommended to come to me. I did not “ pooh-pooh ” the idea of remuneration. I said “Ob, it will be all right, we shan’t quarrel about terms.” I never agreed that I was only to be remunerated if the negotiation was successful, I should not have worked for Mr M'lntyre as a stranger for nothing. As a person who had some experience in newspaper affairs—for he is often glad to do on and off reporting—l did not charge him so much as I should have done a stranger. I am now very sorry that I did not charge more. Mr Garrick—Would you like to amend your plaint. Witness—Mr Thomas has the case in his own hands. I have told you already why I made so small a charge. If it had been you, as an outsider, I should have charged you as much as possible. Mr Wilkin, of the Lyttelton Times, deposed— Mr Mclntyre informed me, while returning in the train with him from Timaru, that he was negotiating with the Timaru Herald , and asked me for advice. I recommended him to go to Mr Briggs. He showed me figures, &c, but I was not competent to do what he wanted. He told me distinctly that he intended to pay for the services rendered. I have seen Mr Mclntyre since this action commenced, but nothing particular was said on the subject. Mr F. W. Thiel deposed he was an accountant. He did not consider himself competent to value a newspaper. He should think Mr Briggs was competent. He ought to be, considering the time he had been on the press. For ordinary clerical services he (witness) would charge 10s 6d per hour, but for preparing a balance sheet, he would charge according to circumstances —the value of the property, the importance of the sale, and so forth. For preparing any balance sheet of. three years’ work he would think ten guineas a very low charge. Mr T. B. Craig deposed he knew Mr Briggs. He considered he was a very competent accountant from his position in the Times office. (Mr Garrick objected to the witness being asked in reference to the value of newspaper work, as witness was not a skilled witness), 0. A. Pritchard deposed—l am a newspaper proprietor in Christchurch, I consider Mr Briggs a very good authority on newspaper matters, I would not undertake to prepare a balance-sheet —that is to say, not for money; I might do it for you, perhaps, as a friend, Mr Garrick—Now, there’s a chance for you, Mr Thomas, Witness —It took me about three months to got at the valuation of the Press when I bought into it. I don’t think there is a person more competent than Mr Briggs in the province to do work of this kind. He has recently been appointed manager in the Press office. If I had done the work that Mr Briggs did, and made a charge, I don’t think I should have charged less than £6O or £IOO. There was a mass of detail work to be gone through before the estimate could be prepared. I consider ten guineas simply as a charge for clerical work, and a very small one at that. This was the plaintiff’s case. The defendant was then called, and deposed—l was referred to Mr Briggs by Mr Wilkin, who said he was an intimate friend of his, and would be willing to give me any assistance that he could. I said I would see him myself, and afterwards did so, and told him I was in negotiation for the purchase of a paper. I afterwards saw him at my house, on the following Monday evening at eight o’clock. We had some conversation generally on the subject of newspapers, Mr Briggs remained there until half-past one o’clock, much to my annoyance. Our conversation about the paper was over by ten o’clock. I told him that it might come to something, and that if it did I would remunerate him ; but he “pooh-poohed” the idea. There was no agreement whatever to pay him ; and his statement to that effect is absolutely untrue, He called upon me again in about a fortnight, and asked me if I had got any more information. He walked up to the house with me and I then handed him over the papers which I had received confidentially. I asked him to look over them at his leisure. I never asked him to prepare any report or balance-sheet, Mr Briggs was very eager to lend me his assistance. I should never have defended this case if there had been any ground of payment. This Heathen Chinee kind of conduct —. Mr Thomas—Will you tell us what the Heathen Chinee did 7 Mr Garrick—We are told that of ways that are dark and tricks that are vain— Mr Thomas—Yes, yes; but we also learn that the Chinee was not the only rogue either, for was not Bill Nye a thorough rogue too 7 Witness—Possibly you know all about it. Mr Garrick—At all events Mr Thomas seems to know about the doings of the Heathen Chinee and his friend Bill Nye. The remarks, however, do not come with a very good grace. Mr Thomas—Mr Garrick will please to remember that he himself set the example. (To witness) At all events you thought you could get everything out of Mr Briggs, and he get nothing in return. Witness —Nothing of the kind. I don’t know what hours he spent over this work for me. He afterwards handed me over a letter and a balance sheet, saying, “You will find plenty of food for thought there.” He may have given me all the papers back, Mr Thomas—Do you think he is rogue enough to have kept any of those papers back 7 Witness—l would not say that. That balance sheet was not made use of by me, nor did it guide me in any way. I was first asked £6OOO and then £SOOO for the goodwill only of the Timaru Herald. When I got Mr Briggs' letter and saw about the charge of ten guineas, I did not look further into the matter. Mr Briggs in his letter (reading) did not see how Mr Belfield could make it more than £4OOO. | Mr Thomas here read the letter.) When I received this letter I had not closed with Mr Belfield. I did not inform Mr Briggs until the 30th March that the negotiations were broken off. I made no offer for the paper. I was not in the slightest degree influenced by Mr Briggs’ letter or report. I decline to say who acted with me in the matter. I may say that Mr Briggs’ knowledge of the matter was simply conveyed to me in a conversational form. I have received cheques in connection with newspapers. I don’t know whether I am competent to value newspaper property. I have acquired my [knowledge of the Timaru Herald from another party, Mr Horton, Mr Bel field’s late partner in the Timaru Herald. At the time I came from Timaru I did not fully intend to go into partnership. I consulted no actuary or accountant about these things afterwards, I derived information from Mr Feldwick, who was formerly in the office of the Timaru Herald, I did not go to Mr Briggs for him to give me any information. I had no papers to ■how to Mr Briggs when I first saw him. I jaade the appointment to meet him, at my

house. He remained until one o’clock. We were talking about different newspapers. The object of the meeting that night was that he should give me a general idea of the expenses of a newspaper. Together we made out an estimate. We had some conversation as to the necessity of getting up balance sheets, and he told me wh«t it would be necessary to have before I could get at the valuation, I could have arrived at a valuation without him. Mr Briggs’ information was of no use to me. I don’t know anyone in Christchurch competent to give me a betterideaof the valueof anewspaper than Mr Briggs. I wrote to Timaru for further particulars afterwards. When they came up 1 handed them to him to look through at his leisure. There were three balance sheets and some correspondence. He got them a little t after twelve on Wednesday and brought them back on Saturday a little after one. Ho had told me that that was a holiday week with him. He also advised nr that I had better send some one to Timaru, and suggested that he should go. Ido not know what time and trouble he took, but it was quite voluntary. He was not a friend of mine. lam not in the habit of doing work for nothing for people who are not my friends. I take three guineas a night occasionally from the Lyttelton Times for reporting. I don’t do any skilled work for nothing. I can’t say how many hours work I do for this three guineas. Sometimes I begin at seven o'clock and don't finish be fore two or three in the morning. [Mr Garrick here interrupted, and said this line of examination ought not to be continued How would Mr Thomas like an average struck of his earnings ?J Witness continued I should say that reporting is more intellectual work thap making out balance-sheets. There are reporters and reporters, just as there are accountants and accountants. If he had sent in a charge of a guinea I might have paid it rather than come to court- I was advised by a newspaper proprietor in this city to offer him a guinea without prejudice. This was the defendant’s case. Mr Garrick submitted that, in the absence of more explicit information the plaintiff was not entitled to recover ; while Mr Thomas contended that he was fully entitled to recover the whole amount. In giving judgment, the Court said there appeared to be some misunderstanding between the parties to the action. Looking at the work done, simply as that connected with the preparation of a balance sheet, the charge made was not a high one. The only question was, whether there was any understanding that the work was to be paid for or not. He (the Magistrate) thought, taking all the circumstances into consideration j that it seemed strange that Mr Mclntyre should go to Mr Briggs, with whom he had only a casual acquaintance, and expect him to do work for him without remuneration. The Court must give judgment for the plaintiff for the amount claimed, with costs, Friday, April 28. (Before G. L. Mellish, Esq, R.M.) Drunk and Disorderly.— Two offenders were brought up on remand upon this charge, One was fined ss, and the other having resisted the police was ordered to to pay 20s. Stealing a Watch. —Bamson Georgei* sen, an old offender, was brought up on a charge of having stolen a watch, value the property of Michael Qarchuiriki, of Papanui. Prom the evidence given, it apappeared that the prisoner was staying for a night or two at the house of the prosecutor, and that during that time the watch was missed from one of the rooms. Prosecutor accused prisoner of taking it, and insisted upon searching him, when the watch was found upon him. Upon that he took to his heels and effected hi* escape. The police, however, were communicated with, and he was subsequently captured by Detective Eettington. Prisoner pleaded guilty to the charge, and was sentenced to six months’ imprisonment, with hard labour.

Wife Desertion. —Henry Jordan, who had been apprehended at Oamaru (where he was carrying on business as a tailor), was charged with deserting his wife, Sarah Jordan, at Christchurch. The case was remanded until to-morrow (Saturday).