SUPREME COUET.

Nelson Evening Mail, Volume V, Issue 61, 14 March 1870, Page 2

SUPREME COUET.

[Before his Honor Mr. Justice Richmond]

This Day.

MtcJiings v. Monro Brothers.

This was an action to recover the sum of £435, being £35 amount of wages due, £100 expenses, and £300 damages for malicious prosecution.

Mr. Kingdon, and Mr. Acton Adams appeared for the plaintiff, and Mr. A. Pitt, Mr. 11. Adams, aud Mr. H. Pitt for the defendants.

Johu Ritchings : I am a butcher, liviug at Blenheim. I went there from Nelson in May last, in accordance with au agreement made with the defendants, aud took charge of a butcher's shop belonging to them. I was authorised to sell meat over the counter, and take cash for it. I received the cattle and sheep alive. I entered the weights of the meat, I sold out of the shop in a day-book. I was to buy pigs, which I was to pay for out of the takings in the shop. At the end of my first week of service I settled with A. Mouro, and told him I had taken £2 on my own account. This sum I was debited wiih. It was arranged tliat if at any time I wauted money I was to take it from the receipts of the shop. Shortly after I was instructed to collect -the book debts. On the 15th September I received notice of discharge on account of my unfitness to carry on the business. Such a charge had never been made against me before, nor any complaint about the books, or deficiency in the money passing through my hands. I had never had any filial cash settlement with the defendants up to that time. I was asked by them early in September to transfer my services to Mr. Hodson, I replied tbat I would not do so until 1 had had a settlement with defendants. I consulted a solicitor as to recovering my wages. I believe the defendants were aware of this. Shortly after I was apprehended on a charge of embezzlement. The defendants had never charged me with this before. I was brought before the Resident Magistrate next day, and remanded for four days, when I was finally discharged. I was put to some expense in my defence. I was out of employment for three months in consequence of this charge. I could not say exactly what the gross weekly returns of the business were. The sales were about one beast a fortnight and about 20 sheep a week.

Cross- examined : I have beeu in the butchering trade for 25 years. I have kept no exact account of the money I kept for myself. I made no entry of a few small sums that I had received, but | told Grant who collected the accounts that 1 1 had taken the money and kept it on account of my-wages. I never told him that I had taken any other besides the two or three small sums I have mentioned. I had told the defendants of my having done so before Grant came which was early in July. I kept an account of what I took up to the end of June, but I have mislaid it. Since then I have never told them what I had taken. On the Ist September I asked Alex. Monro for money and a settlement. I forget what he replied. I weut to a solicitor about it, but never told defendants I had done so, nor did the solicitor write. lam in business on my account now. Ido not db half the business the Monros did. I bought a pig from Dalziel in July and paid him for it. I never told Mr. Monro! had paid for it, nor did I enter it in the book. I was told to put down everything on the slate and afterwards enter it in the day-book. I mostly did so. The entries in the carcase book (produced) are in my handwriting, aud are correct. Ido not know how it is there are no entries from the 9th to the 20th August. It may have slipped my memory. So far as I know the entries iv the day-book are complete entries of the day's transactions.

The examination of this witness was still being proceeded with when we went to press.

Charles Edward. — There has been no news of this favorite steamboat up to the time of our going to press. Hera. — The only further information to hand concerning the Hera is that she is burnt to the water's edge. Culliford Company. — The adjourned meeting of the shareholders in this Company will be held at the Oddfellows' Hall this evening.