R. M. COURT, GISBORNE.

Poverty Bay Standard, Volume I, Issue 93, 27 March 1884, Page 2

R. M. COURT, GISBORNE.

(Before J. Booth, Esq., R.M.) TUESDAY. The following cases were disposed of: — E. Ballantyne, for being drunk, was fined 10s. or 24 hours. In the following cases judgment was given for plaintiffs with costs :— Parnell and Boylan v. C. D. Berry, £4l Ils. 17d., judgment summons (Mr. DeLautour for plaintiff), to be paid in a month ; J. Robb v. C. D. Berry, £l5 7s. 7d., judgdment summons, to be paid in six weeks; Cooper v. Austin, £66, and costs £2 Is.; Bently v. W. Hood, £lO 16s. sd. (Mr. DeLautour for plaintiff), costs £2 65.; G. Humphries v. P. Breighan, £8 16s; and costs £1 Is.; Lucas v. Keating, £36 Ils. 6d. (Mr. Brassey for plaintiff), judgment summons, to be paid in two months. The case of Te Kani v. R. Knox occupied the remainder of the day (Mr. DeLautour for plaintiff and Mr. Finn for defendant), and was a claim for £25 for the detention of a horse, which the plaintiff alleged was his property, but which the defendant refused to give up, alleging in defence that the horse was his property. After numerous witnesses, whose evidence was very conflicting, had been examined, judgment was given for the defendant. WEDNESDAY. NUGENT V. JOYCE. Claim £l5 125., for wages and damage to clothes. Mr. Brassey for plaintiff, and Mr. 11. J. Finn for defendant. In stating his case, Mr. Brassey said his client had gone to church on the Sunday and on her return the defendant spoke to her in such a manner as to render it impossible for his client to continue her services, and she left. On returning for her clothing on the following Monday she found that her room had been broken open and her things removed to an outhouse, where they had been thrown upon some dirt, and much damaged.

Eliza Nugent stated that she had been engaged in Auckland for the term of three months. Remained in service five weeks and three days, and never received any money. Left through going to church. Had made a stipulation that she should be allowed to go. On coming back the housekeeper told her that Mr. Joyce was very angry at her not doing her work before going to church. Mr. Joyce came and called at the top of his voice, and she said “ Mr. Joyce, if you have anything to say please come into the private room, as Ido not wish to be spoken to like that in public.” This was in the kitchen, before the cook. Had done her work before going to church. Had been up at six o’clock. Mr. Joyce had said he would take her by the neck and throw her out of the door if she gave him any impudence. Went and put her hat on, and locking her door, put the key in her pocket and left. Came again on the Monday and saw Mr. Joyce. Before seeing Mr. Joyce, saw that her clothes were put in a dirty old outhouse. Saw that all her linen had been removed from the box, and she had never seen it since. There was a lot of old boots pinned up in her dress, which was damaged. Mr. Brassey had put down £2 as damage. The satin trimmings of a merino dress was also damaged to the value of £2. Mr. Joyce complained that she had not done the commercial room before going to church. By Mr. Finn—Had been seven years in New Zealand, and had been walking out of a night, on the Waikanae, with a young man in the same employ. This young man had not taken steps to bring about this action because he had been discharged by Mr. Joyce. Had the dress three years, but had not worn it in Gisborne. The pins and the dirt had damaged it. They were all in a bundle. Had certainly told the Court it was a dress, but it was only a skirt. The merino dress trimmings had been damaged by the stitches being torn away. There was a young man with her outside the store room. Had told Mr. Joyce the clothes were damaged. This was before they had gone to the store room. Went about 11 o’clock and saw her box in the store room. Mr. Joyce came into the bar and she asked him for her money. He asked her into the private room, and he stopped £2 15s. Mr. Joyce asked her for the key of the bedroom, and she said she had left it at Mrs. Ready’s. Had the key in her pocket and told the lie for a purpose. The lawyer told her not to give up the key. Had not told Mr. Joyce at 12 o’clock that the clothes were damaged. Mr. Joyce asked her to give him a list of the damaged clothes. This was at night. Told him of the damage when in the yard, after eight o’clock. Mr. Joyce said they were not damaged. Mr. Joyce never asked her if there was any damaged. He spoke so rough as to frighten her. Went to Mass at 8 o’clock, and returned about 9.30. Mr. Joyce never objected to her going to chapel. Mr Joyce called out “ Lizzie, Lizzie,” and spoke cross. He did not use any strong language, but was very angry. Did not reply “ Come here if you want me,” but went to him. He complained that she had not done her work before going to chapel, and said, if she could not do so she had better pack up and go. He said if she was impertinent he would throw her out. Took her things away on the Wednesday. Had no linen, it was calico. Valued lost linen at £2 12s. Missed eight pieces on Monday morning. Had some clothes in the wash ; no underclothing.

George Wright had been in the defendant’s employ at the time of the occurrence. Mr. Joyce called the plaintiff into the passage. She said he was to go into the diningroom. Mr. Joyce said she was paid to do as she was told, and said, “ if you give me any more of your impertinence I will throw you out of the door. You have no business to give me impertinence when lam sick.” Saw the clothes put into the vegetable room. By Mr. Finn—The place was under lock and key. Mr. Joyce called, “ Lizzie, I want to speak to you.” She asked Mr. Joyce to speak to her in the dining-room, as she did not want to be spoken to in public. Mr. Joyce only said-she was an impertinent little hussey. He is dismissed from Mr. Joyce’s service. C. Butler was in the same employ at the time of Miss Nugent’s leaving. Heard the altercation, which took place about half-past eight on the Sunday morning. After defendant had asked the plaintiff where she had been, and remarking that she had no business to leave her work undone, heard defendant threaten to throw her out. By Mr. Finn—Mr. Joyce spoke the way he generally does. Did not hear the plaintiff insult him in the dining-room. Mr. Joyce had not used any strong language. Was a friend of Miss Nugent’s. Mr. Finn here pointed out to the Court that Miss Nugent had broken the agreement. Mr. Joyce was a gentleman who never wished to retain any wages, and was most liberal to his servants. E. P. Joyce was the defendant in this case, and found the plaintiff’s work neglected on the morning in question. On her return he called her to him, and she said if he wanted her he must come to her. He then called her an impertinent littly hussey, and told her she could go to church when she liked, but must not neglect her duty. She said she should go and come when she liked. She went away and he ultimately found had left. By his directions her clothes were removed on Monday, and carefully locked up in a store, so that her room could be cleaned out for another occupant. When she came on the Monday she acknowledged that she had been foolish in leaving. He offered to give her a cheque less £2 155., but she refused to take it. On asking her for the key she said she had left it on the table, and immediately left the room. She complained that her clothes would be damaged by being creased and rolled up. Went out to the stere with her and she took two dresses and her ulster. He asked her to show him any damage, but she could not. When she came again she examined everything, but there was no damage apparent, and all she could say was that they were creased. He received the letter produced from Mr. Brassey on the Tuesday, and before she had examined the goods. The Court now adjourned for lunch, and on resuming at 2.10 Mr. Brassey asked permission to withdraw the case, it having been settled out of Court.