Magistrate's Court, Foxton.

Manawatu Herald, 23 July 1898, Page 2

Magistrate's Court, Foxton.

(Before A. Greenfield, Esq., S.M.)

Thursday, 21st May. 0. H. Mobs v. P. O'Grady. Claim— £23 10*. for wages. Mr Bay appeared for plaintiff and Me Baker for defendant;. Mr R*y said this was an action to recover 22 weeks- wages at 153 per week and two riding fees. 0. H. Moss deposed that he was a labourer living in Foxton. Saw O'Grady at the latter end of October. He asked if I wanted a billet. He said it was to look after the racehorse Violet, and I asked 15s a week as wages. He said he could not afford to pay that sum, but afterwards he agreed that as I knew a bit about horses ha would give the 153. I used to work for Mr Scott. He said Maddison had had the mare in training but could do nothing with her. O'Grady has seen me at Scott's. I went on Ist November. I was paddocking previously at 80s a week. I remained till a week before the Feilding races. I rode O'Grady's mare in two hurdle races at Palmer* ston. I charged the usual fee of £4 for losing mounts. When I left he said he had not money then but would pay if he had any luck at the Feilding races. Had asked for wages but had been told he could not pay then till he got the money from a local body. Have received in all one pound. Cross examined. — Was looking after Mr Sexton's horse as well. Plaintiff gave me permission. Never told Mr Sexton that the terms I was engaged on was for board and lodging and getting one third of the mare's winnings. Nor did I tell three others so.

Re-examined.— Sexfcon and I were shares In Sexton's horse. A. Robinson, a carter, deposed to the oonveraation between Moss and O'Grady in October stating that 15s a week and found was agreed for 1 wages. For the defence, Mr Baker laid that whatever was first agreed was altered to one of Bhares. T'^yi W. Sexton deposed he owned a fll racehorse, and went halves with Mobs. He was training a horse for O'Grady. In a conversation plaintiff said O'Grady was to pay nominations and acceptances and pay for horse I feed, Moss was to train her and to receive one-third of the winnings. O.O3:- xamined.— Moss got half what I won, we did get a win. On^ conversation took place on Taikorea road in February. I think Johnnie O'GiMdy was present.. Moss began looking after my horse at the begin* nhig°of February. J. Hurley deposed that he was going to Sandon with Moss one day and h(» paid he had given Op o*srady's hnr>p. Tta wanted to train a horae of hi* (witness 1 ) and he said O'Gradjtt onuM. to have let him have the horse "" ti : l Siorlon races as he had only the hotrs.BJ fetd and himself (Moss) to find; a* tie had only thirds in the mare. I reckon these terms are Robert Green, a jockey, deposed 'hat Moss had told him he was training O'Grady's mare on a third if tha winnings. Moss objected to my riding the mare, saying h« had as much to do with* her as O'Grady. U v a rea^abfc*&Mag to give a third of tfee^nntega. Croar examined.— Been a jockey last four years. The conversation took place in Palmerston, no one was present. J. Mathers deposed that before the Palmerston Autumn Meeting he was at O'Grady's, and Moss said I am partners with O'Grady with the mare. Cross examined. — Was in the stable, .Moss was grooming Violet down. Moss said he was pat to expense as well as O'Grady with the mare* Patrick O'Grady deposed. — Had not had much experience in training matters. The arrangement was 10s * week, and |ge agreed to it. He stopped on at weekly wages up to Palmerston Xmas meeting. He did not suit me and I thought of getting rid of him and he then entered into shares of a third of the winnings. I promised after he left, if the mare did anything at, Folding I would give him a sharp. Whilst Moss was training S^xton'ri mire he used- my oaten ch-iff. Hia wages were mot by paym rUa of £8 18s. Cross fxaminod --Mops never asked for raoopy to piy for boots. Judgment for plaintiff and coats.