MAGISTRATE'S COURT.

Taranaki Daily News, Volume LI, Issue 175, 15 July 1908, Page 3

MAGISTRATE'S COURT.

M>\ 11. S. Eitzherbert, S.M., preside! over a silting of the Magistrate's Cour I yesterday morning. AX UNFORTUNATE COLLISION, ■lack Uowry, a half-caste, was charge.; j with having allowed his horse to wandei along the railway line, to wit, the freez-ing-works crossing at Motorua. He pleaded " not guilty." Sergeant Haddrell said there was no ii"»i>t that the animal was trespassing ami, unfortunately for the owner, it wiPs s» injured by being struck by the railway engine that it had subsequently to k; destroyed. The owner, he understood, had refused £3O for the horse a few days before.

n i ,' W f tol1 > for the defendant, admitted the facts, but as a defence pleaded that the defendant did not " allow the horse to wander. Upon the application of Sergeant Haddrell the information was amended to read that the defendant was charged with not having prevented the horse from straying. The Magistrate, in answer to Mr. Weston, said he was practically bound by the recent decision of Mr. 'justice Ed- [ wards in a New Plymouth case under the railway by-law* to suggest necessary amendments, or to make them. Ihe defendant then altered his plea o one of "guilty." He gave evidence that he had put the horsc'm his paddock at Motorua and fed it. The paddock bad good feed in it. and was soeurely fenced. He found the gate on the ground open, and ti„. |, 01 ., t . ] m] ~, caped. He hail refused i.;;;, {,„ j t i lu that someone hail opened the

The Magistrate .said that a- (he defendant had alrea.lv lo<t „ valuable horse only a light tine of 5s and Us (id costs would be inflicted. A LICENSING CASK. . Sergeant Haddrell applied for an adjournment of the ease of the police against George Bishop (permitting drunkenness on licensed premises) owing to the absence of counsel in Welliii"-

I Mr. (.Grey (Wilson &. Orey) opposed the application. H 0 sai( i that the facts alleged were several weeks old. and the police had had ample time in which to prepare their case. It was not fair to keep a charge of this kind suspended over a publican. It was a most unusual tiling for an informant to act in this

Sergeant Haddrell said the case had been set down for Monday afternoon, on the understanding that it was to be adjourned. The police had not yet subpoenaed a single witness, in view of the tact that the defendant knew of the intention to apply for an adjournment, ft was a monstrous thing for counsel to oppose the application. The Magistrate saw nothing '•monstrous ' in Mr. Grey's attitude. As a matter of fact it was a rather unusual I course to ask for adjournment on account of the absence of counsel, for there were always other learned gentlemen obtainable.

Sir. Grey said his opposition was based on common sense. The informants (the police) had themselves selected the day of hearing, and were not prepared to "o on with the case on that day. The -Magistrate said that undoubtedly it was a serious matter for a publican to have a case like this suspended over him. He would adjourn the ease for a week to suit the 'convenience of counsel. If the counsel for the informants was not then available other counsel must be engaged. The ease would be adjourned till Tuesday next at 2 p.m.

CIVIL BUSINESS. Judgment by default was entered in

the following cases:—New Plymouth Harbor Board v. James Wilson, claim £i 2s Cd and costs ss; Taranaki Petroleum Company (Mr. Kerr) v. Otto Jerusalem, claim £-i as lid, and costs 10s. William Edward Giles claimed from

W. W. Herbert, contractor, £!) 18s 3d, ■balance alleged to be owing by defendant for -wages. The plaintiff had been employed at the rate of 10s a dav of eight or ten hours, or approximately a shilling an hour. Plaintiff was a cer'titicated engine-driver, and had been en-

gaged an such, working very long hours n taking defendant's traction engine ibout the district. Overtime was claimid at only a shilling an hour. The

plaintiff stated that he was engaged in February us the result of an advertisement offering 10s a day, and that overtime was to be paid in ''making up other days.'' He entered up his timebook every night. At the first payment of a week's wages, and on several subsequent occasions, he mentioned the matter of overtime to the defendant. He had charged only for actual time worked. Cross-examined: Often he started work at 5.30 a.m., when he put his fire in. He had made allowance for meal hours. He was. fairly competent, and he had not known of stoppages of work because of his failure to keep up steam. Sometimes there were stoppages because of the poor wood provided as fuel. The S.M. stated that counsel was crossquestioning the plaintiff as an .expert driver, but the claim was only for ordinary labourer's wages. The defence was that the plaintiff was engaged at ten shillings a day. irrespective of the number of hours worked on each day. and that the plaintiff had grossly exaggerated the hours worked. That was distinctly understood between plaintiff and defendant at the time the former was engaged. Defendant stated he kept no account of the hours worked, on account of the arrangement just mentioned. He could not remember Giles starting work at 5.30 a.m. Plaintill' worked on 31 days, and had been paid £ls Ills. He had ho knowledge of the hours worked by the plaintiff, and was not with him every day the engine was working. When plaintiff got his final cheque he said there was still about C 3 owing, and he invited Giles to see him next day to discuss that. He did not come to see him. To the Bench: The plaintiff had to be ready to start work at any time he was wanted by the defendant.

' Philip .lames, farmer, of Frank-ley Road, gave evidence of plaintiff having stated to him and another that he was paid ten shillings a day irrespective if the hours he worked. C. D. Chant, farmer on the Fvankley Road, gave evidence as to the days and hours when the engine worked, with plaintiff as driver. His Worship found that the plamtifl had not made a contract with defendant limitin" the duration of a day's work, hut that plaintiff's evidence as to the days on which he hail worked was corroborated, .lodgment was entered for plaintilf for Cl and costs £1 18s.