RESIDENT MAGISTRATE'S COURT Thursday, August 5,1847.

New Zealander, Volume 3, Issue 127, 18 August 1847, Page 3

RESIDENT MAGISTRATE'S COURT Thursday, August 5, 1847.

Mr. Charles Davis, appeared on summont, at the instance of a native named lloni, for payment of wages incurred in working timber at the Wairoa. Mr. Hartley attended as counsel for defendunt ; Mr. Donnelly for the plaintiff— and Mr. C. 0. Davis acted as interpreter. Honij on being sworn, taid his claim was £9 10s. Od., for woi king from January 13, to 9th May ; he was hired by the defendant at Epsom, on the Ist December ; wa» to get £2 a month and his food ; he worked for Mr. Webster till 13th January, and after that for the defendant, in squaring and hauling limber ; he and the others »topped working, and wore told by the defendant to go on, the defendant gave orders ; he has never received any payment ; he looks to Mr, Davii for payment, not to Mr, Webster.

Tihi, examined : was hired along with Honi at Mr. Davis's, Epsom, in December. Horn worked first three and a hulf weeks for Mr. Web. Bter, and then for Mr. DaTis till May j was to o-et £2 a month ; when hired at Epsom, Mr. Scott and Mr. Gleghoni were present ; he has also a claim for wages, and will sue Mr. Davis ; the defendant gave orders at Wairoa, Hamiora j worked with Honi at Wairoa ; it was from the Ist of March, knew the date from a book they had (book produced, but no dale was marked) when Mr. Davis told Honi to go •md he would pay him, Mr. Walton and Neddy (Edward Grifflths) were present. Honi re-examined j when defendant told him to so on, Mr- Walton was present ; it was in March ; this claim includes part of claim on Mr. Webster ; has not applied to court against Mr. Webster. Edward GrifTltlis examined : was in the employment of Mr. Webster} remembeis Honi working at Wairoa, upon the limber for the ship Charles ; never heard defendant tell him to co on, and he would see him paid ; believes he was paid by Mr Webster 5 does not know who he looked to for payment. When Mr. Webster left the colony it was kept secret from them ; they wtjre not told of it, till the last raft was made, about the sih or Oth May ; believes Mr. Webster left the colony about the 15th of Mai chj believes that after Mr. Webster had gone, the natives were tupplied by Mr, Davis, or by his orders, either from on board the ship, or the schooner Brothers. Mr. Cleghorn called : (Here Honi and Tihi re-stated that he wan present when they hired with defendant at Epsom ;) does not lemember over having seen the plaintiff or Tihi before ; was nevei present at any agreement of them and Mr. Davis ; Mr. Davis was away at Kiapara on the Ist December. W. C. Webster : was foreman with Mr. Web* sterj plaintiff was under his orders ; considered him to be in the service of Mr. Webster ; never heard defendant give him any orders, or make him any promises ; alwajs considered that they looked to Mi . Webster for their wages ; he looks to Mr. Webster for his pa) incut, if he gets any payment from defendant it is more ths.n he expects ; provisions had been supplied both by Mr. Webster and by order of the defendant. Henry Walton : never heard defendant tell Honi to go on with their work, and he would see him paid } never heard him give them orders. The Court took time to consider, and on Monday, the Oth instant, delivered judgment that, plaintiff was entitled to wages from defendant, from the date of Mr. Webstei's departure.