RESIDENT MAGISTRATE'S COURT.
[Before J. Poynteb, Esq., Resident Magistrate.]
Wednesday, December 5. Henry MartyaU v. Macleay for J2O, for alleged wages due. Mr. Connell for plaintiff. H. Marryatt: Am plaintiff in this action, and a laborer. Made an agreement with Mr. Macleay on the Ist December last, at the rate of j£so, a-year for twelve months, to go the West Coast as a laborer; was to start in five weeks from that date; before the five weeks had expired he sent the two letters produced,, to the, effect that plaintiff was to get employment for'fc time .elsewhere. X could not get- it only otf aPltag t&roi." I have been at some loss. 1 gave away my tools, and tent. I consider Mr. Macleay has hioken the agreement. Cross-examined : I got no employment. I perfectly remember the agreement made—£so; did not say I would get work elsewhere until you was ready for me. ' Defendant said he met with plaintiff while staying at Lockett's, and asked him if he knew of any person going' to the Pelorus, arid could accompany him. Said it was very uncertain when, it may be five or six weeks or months, iind that I should not like to engage any person until I was ready to go down. ?'He told me he could get work either at the Pelorus ot the Wairau, and could wait without any inconvenienceto himself until witness went down; he wanted £10. Said It was high but would talk about it when they did go down. Told him if hei wished to decline^ to tell me, so that I might engage other parties; he wrote me three letters, but have only preserved the last one. Saw him after in company with a girl that had left M'Kenzie; told me they had been .out in the bush two nights and two days without any food; finding I would not give him/any money The asked me'to lend him 3s. 6d., which I did, and also wished me to draw up an agreement that he might draw money on it: I declined doing so; and soon' after I received a letter from Mr. Connell, asking for a settlement. ..:
The Magistrate said the case for the plaintiff not being strong enough he should dismiss it.
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https://paperspast.natlib.govt.nz/newspapers/TC18601207.2.10
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Colonist, Volume IV, Issue 327, 7 December 1860, Page 2
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378RESIDENT MAGISTRATE'S COURT. Colonist, Volume IV, Issue 327, 7 December 1860, Page 2
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