Resident Magistrate's Court, Foxton.

Manawatu Herald, Volume III, Issue III, 7 February 1891, Page 2

Resident Magistrate's Court, Foxton.

WEDNESDAY, 4th FEBRUARY. (Before H. W. Brabant Esq, R.M.) CIVIL CASES. John Harris v. G. Robinson — Claim £2 9s 6d. Mr Ray for plaintiff. Judgment for amount and costs 6/-. James McGuinness v. W. Hunter —Claim £5. Mr Ray for plaintiff. J. McGuinness deposed — I was engaged on 10th October at 20/- a week ; boat fair was to be paid by defendant if I remained three months ; I was to be pianist and useful ; I saw Hunter and gave him engagement note ; I am claiming from 11th October ; I played the piano on that day ; I worked from the Monday to Saturday 17th January ; I used to sweep the billiard room before breakfast ; I was asked to play a game ; whilst playing Mary Hunter, the barmaid, ;told me to take down the lamps and dust the piano room ; the waitress said that she would do it ; I saw Mrs Hunter in the bar ; I told her I would not take instructions from Mary Hunter ; she said I was keeping a good man out of a place ; I said you had better take a weeks notice, she said you had better go at once ; I then went and packed up and left ; I sue for wages due and for one week's notice ; I had seen Hunter and he said he would give me trouble to get my money. Cross examination by Mr Cook — I have done work by the barmaid's orders before ; It was 'my duty to play the piano every evening ; on the 16th I was away half an hour ; On Dec. 18th a cheque of £2 was put up as a wager ; I never got a halfpenny from Miss Hunter whilst Hunter has been away. Re-examined by Mr Ray — I made an entry each time I received any money ; Christmas day was the last day I got any cash ; when the wager was made Hunter, Bradcock and others were present ; up to 18th Dec. I had received £6 18s, and £9 was due. C. A. Shortt deposed — I heard Mrs Hunter say that if she had her way plaintiff should go at once ; plaintiff then said all right, he would goW. Hunter deposed — That plainworked 14 weeks ; he was engaged to play the piano and make himself generally useful. He was to obey myself, Mrs Hunter, and the girl ; I was away when the plaintiff was dismissed ; he had to light the lamps ; when any servant wanted anything done he had to obey their orders. By Mr Ray— l was not on the 22nd Dec. negotiating about letting the house ; I paid the £8 5s 6d as follows £8 in notes, 5s in cash and sixpenny worth of stamps ; I was to pay boat fare if plaintiff remained 8 months ; my servants are overdrawn as much as squared up; I made the entry £8 on the 19th Dec. it was not on the 24th, I gave him 10s on the 24th, but he gave it back to me ; he has been overpaid all along ; the chap was delicate and I never " stuok " at 2 or 8 pounds. Katherine Hunter deposed — Plaintiff had to do what the girls said ; I did not tell him to clean the lamps ; I told him he was only keeping a good man's plaoe ; wh^n he said he thought he had better leave ; I told him that if he did not do his work he had better go at once. Mary Ann Hunter deposed — I look after the public house; I told McGuiness every day what he had to do ; I told him to clean the lamps and dust the bar-room. I asked him afterwards why he had not done the woi'k, and he said it did not want doing, and he did not mean to do it ; Wearing is now playing the piano at the public-house ; Hunter gave me authority to give him orders ; he must obey the kitchen maid if she ordered him. John Whyte deposed — He was in Hunter's public-house on 18th :December; Hunter was present when McGuinness said he could not advance more than £2, as that was all that was coming to him. Mr Hunter recalled said — Playing billiards was not part of plaintiffs duties in the morning ; I did not tell him he had to obey all the servants in the house. The R.M. said— The question was when the service commenced, and the circumstanoes attending its ter* mination ; the plaintiff says he brought an engagement ticket, and the defendant says he destroyed it, therefore the plaintiff must have the benefit of the donbt ; as regards the dismissing of plaintiff by Mrs Hunter, the plaintiff says he gave ,a weeks notice, and Mrs Hunter's account does not much differ ; I hold that it was a mutual arrangement that he did go at once, so that neither party would be entitled to notice^ lt is very hard to say as to the accounts which party I am to believe, neither are very well kept accounts, and I have only one side's word against the other sides ; being for wages, I hold that the burden of proof rests with the employer, and as the defendant had not taken the trouble to get receipts] 1 must hold the wages -fere due ; I must say that there should not be so much trouble if employers would pay their employes regujniriy in cash, and in full, making > no df-

I ~. ' ', ••■' • — think employe's are entitled to have their wages paid in full. Judgment for £4, costs 9s, witness 6s, and solicitor's fee 21s.