RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5378, 22 June 1878, Page 3

RESIDENT MAGISTRATE’S COURT.

Fbtday, June 21. (Before J. C. Crawford, Esq., R.M.) DBTOKANSESS.

Three inebriates were dealt with in the usual manner. One of them, for conducting himself disorderly and bursting the door of a dwellinghouse on Clyde-quay, was ordered to pay a fine of 20s. and coats, or in default 48 hours’ imprisonment, and 4a. 6d. for damage done to the door. WANDERING AT LARGE. Thomaa Smith was fined ss. and costa for allowing hia horse to wander at large. SUSPECTED LUNACY. John Livingston, arrested on warrant, was remanded for a week on this charge. THREATENING LANGUAGE. Henry Cleland was summoned by Coles for using threatening language, but there was no appearance of either party. DEWSBURY V. MESSRS. J. AND T. JIEECH, OAMARU. This was an action for the recovery of £SO 10s., salary due and damages for wrongful dismissal. Dr. Bailer appeared for plaintiff, and Mr. Bell for defendant. Tire plaintiff was in the employment of the defendants as a commercial traveller, at a salary of £3 per week and expenses. He was to make Wellington his head-quarters, and go wherever he was sent. He had come North on a business trip, and when in Wellington he received a telegram from the firm, directing him to proceed to Napier and Gisborne. He did so, and on his return to Wellington he received a telegram alleging misconduct, and informing him that his connection with tho firm was at an end. He was perfectly unaware of having ever misconducted himself, and wrote to the defendants for an explanation. If anybody stated that he was the worse for liquor, and incapacitated from doing the business of hia employers, it was a falsehood. He swore this most distinctly. At this stage of the case, his Worship read over the evidence given at Oamaru by Mr. Meech and Captain Dick, of the Endeavor. Mr. Bell abandoned every part of the defence, except that relating to the charge of drunkenness. Dr. Buller said he would call several witnesses to refute the charge. Mr. William Thomson, a merchant in Wellington, deposed that he had business transactions with the plaintiff. He never knew him to be the worse for liquor. Mr Jeffreys, grain merchant, deposed that the plaintiff was an energetic, pushing man. He had never seen him drunk during business hours. He would have given plaintiff orders but for the dullness of trade and the difference in freight and prices between Lyttelton and Oamaru. . I '

Mr. Caleb Whitehonse deposed that he knew the plaintiff to be a pushing man of business. Had not known plaintiff to be unfit for business. On one occasion he had evidently taken some drink, but he could not be taken in charge by a policeman. He was quite capable of transacting his business ; in fact, he had seen other men transact business •who were more under the influence of drink than plaintiff was on this occasion. Witness had never reported the circumstance to plaintiff’s employers at Oamaru. Dr. Buffer contended that the charge of drunkenness had not been sustained. He was really (dismissed because he was not able to obtain as many orders as his employers expected, but it was clearly shown that this •was no fault of the plaintiff's, as he had exerted himself in the interests of his employers to the best of his ability. He would bs’c the Court not to allow fyis client to be prejudiced and practically ruined by a statement made at Oamaru by Captain Dick, a servant of the defendants’, that on one occasion he had seen the plaintiff drunk. By making .this charge against his client, the defendants tried to bolster up a wrongful dismissal ; but the charge had been most emphatically denied on oath. . Mr. Bell then addressed the Court on behalf of the defendants, submitting that the evidence went to show that the defendants had good cause for dismissing the plaintiff from their service.

His Worship held that plaintiff was not entitled to damages for wrongful dismissal. As a settlement of account between the parties, judgment would be given for £4 and costs. Tho Court adjourned at 5 p.m.