RESIDENT MAGISTRATE'S COURT

Temuka Leader, Issue 2340, 7 April 1892, Page 4

RESIDENT MAGISTRATE'S COURT

GsE.yuiH.NK Tuesday, Awtri., ;Vrn. [Before C. A. Wray, Esq.. R.M., and H. W. Moore, Esq.! J.P.] CIVIL CASES. Henry Vernall v. George Batty—Claim £6 10s, for wages due. Mr F. Wilson Smith for plaintiff, and Mr J. Hay for defendant. In connection with this case a cross action was brought by George Batty against Edward and Henry Vemail, claiming £8 12s 7d for work done. Both cases wore heard as one. Guovgtj Batty, fanner, Orari, depose*i th:..t he had a quantity of land for letting I)i October last the two defendants saw him, and they asked him if they coulu ha/6 land for a crop of potatoes. They sui tiiey had no money to pay for the work already done to the land, but woult. be willing to work it out. Had 30 to 35 acres prepared for potatoes, and Vernall said they had some seed. Looked at it and found it would plant about five acres. Brought 36 bags of seed from defendants, which made two loads. When the first load came on the ground they agreed to the place where the seed should be planted. The seed was planted, and Henry Vernall helped in planting in all the land, witness', Bloomiield's and his own. Sticks were put in to mark off the boundaries of ground and kidney potatoes were also put in between as a mark. The balance of the potatoes were planted on t.le other side of the creek, at Vernall's reque.it, and Henry Vernall took part in •the planting. Witness made out ai. account of the items, and received an account from Mr Vernall of £6 10a. Henry said he had nothing to do with it, and his father said he only ordered three acres. Since he got defendants' account he saw Mr Vernall, senr., and said it was a strange thing he got a lawyer's letter for wages, and he said he knew nothing about it, and thought Henry wanted to get out of it and leave the crop on his (the father's) hands. Asked him afterwards to measure the land, and he said he could not go. Most of the work was done by Henry Vemall. The old man came and asked witness if he would take the potatoes from him. Told him he had enough to do with his own. The agreement was made with the father and son conjointly. Witness left them a part oi the land at their own request for Uamaru potatoes. To Mr Smith: Had not seen Mi Varnall before the matter was settled. The agreement was made before he saw the three VernalPs at their own place. There was no mention of limiting Mr Vernalla land to three acres, and witness to take the balance of the seed. They agreed to take as much as the seed would cover about five acres. He did not owe Henry Vernall anything at the time the agreement was made. Bought seed after the arrangement was made from several persons. The arrangement was made when both defendants were present, and Alfred Vernall was not present. To Mr Hay: Defendant's crop had been neglected, and rubbish had gathered, and owing to the seed being cut too small there had been a lot of " misses." If an arrangement had been made that all seed over three acres would be his, witness would have cut the seed for himself. George Arthur Payne, laborer: Was working for Mr Batty in October for two days. Knew the Vernalls. Henry Vernall was dropping potatoes on Mr Batty's land. Had heard Henry Vernall and Pearse at harFest in conversation. Henry Vernall said it his potatoes were not better than last year they would not pay to dig. Thought Vernall was alluding to the potatoes on Mr Batty's land. Did not know whether they had any other potatoes. John Collie, farmer, Winchester: Knew Mr Batty's land. Measured potatoes on each side of the creek, and a piece where some Oamaru potatoes were planted. Altogether, on both sides of the creek, and including the Oamaru seed there was 7 acres 1 rood 4 perches. Mr "Veniall's potatoes were not as good as Mr Batty's, there were a lot of " misses " in them. , , , j To Mr Smith : Measured the land as Batty showed him where the sticks Mr Batty, recalled.' Said that the land measured by Mr Collie was the land taken by Mr Vernall. Edward Vernall, settler, Orari, defendant, deposed that Mr Batty came to his house when both of his sons were present. Said to Batty that he only wanted three acres. Batty said he would plant three acres for him if he would take the planting out in work. His sons took no part in the transaction. The Oamaru potatoes had nothing to do with the present case. His soii3 helped him with Ilia work. Mr Batty had not attempted to make his son Alfred liable, although his boh Alfred was present at the time of the transaction, and also helped in the work. Had dealings with Batty at other times, t>ut his sons had nothing to do with them. To Mr Hay : When Batty came to his house hejhad a look at defendant's seed, and never said how much it would plant, but said that he would plant three acres, and buy the seed that was over. The seed was delivered cut up. His son Henry was working fpr Mr Batty two weeks before the arrangement was made. Witness worked the three aewas put himself. Had not charged Mr Batty for the seed over the three acres, as Mr Batty had not told how much was over. Mr Batty jasked him to measure the land, but he was goiug to Winchester at tfce time, and said lie kad not time to go. His sons had nothing to do with the land. His .contra ■with Mr Batty was for work done, for use of plough, horse, bull, for carrot seed, tomatoes, and half a day's work done three years ago. Jt , To Mr Smith: Never- kJiew that there were more than three acres till he got &

Bummoi-is. Henry Vemail, defendant: Was present when his fai'her told Batty that ho would have three acres of potatoes. Took no part in the conversation, and never had anything to do with the transaction. Had been working for Baity before, but had been paid for that. Lived with his father, paid board, and helped him with his work. Could not tell the area of potatoes that were being put in for his father. Was working with Pearse at harvesting when Payne was present. Pearso was talking about his own potatoes, and witnns tola him they would not pay to dig. iayue w.w mistaken with regard to the converse torn. Sever spoke about his fathers potatoes '

To Mr Hay : It was no interest of his !;.-> see that his father's three acres were ui.-ufel out. His father and Batty had arranged between thorn. Hatty said is would be all right. He was engaged by Batty to plant, but it was not to go against the three acres taken by his father. Batty was to pay him wages. Alfred Vemail, son of Edward Vernall, defendant : Remembered Batty being at his father's house,and a conversation with respect to potato land. His father agreed to take three acres, and was to work it out with Mr Batty. His brother Henry was engaged by Mr Batty at 5s a day. To Mr Hay: Witness unearthed all the potatoes, six and a half acres. Saw die sticks on the land by which it was narked off. His father told him, before the arrangement was made, that he was .joing to have three acres from Batty. His brother said he would have nothing co do with the potatoes, when Mr Batty asked him if he would take some potato land.

This closed the case. The bench considered that the evidence was very contradictory, and that there was not sufficient evidence to show that Henry Vernall was a partner in the transaction. With regard to the claim itself, as defendant, Edward Vernall, had received the benefit, and exercised his rights over six and a-half acres of land, although he might not have known the quantity at the time, it should be paid for. Judgment was given in the first case for Henry Vernall for amount claimed with costs, md in the second case, for George Batty .gainst Edward Vernall, for amount claimed and costs. J. Mundell v. James McKenzie—Claim £2 17s lid for services rendered.—Mr F. Wilson Smith for plaintiffs.—Judgment tor plaintiffs by default, less £1 paid since the summons was issued. DISTURBING A MEETING. A case of disturbing a meeting of the Salvation Army, at Woodbury, was adjourned till Tuesday, April 12th, one of the defendants being ill. The Court then rose. PRIMITIVE METHODIST CHURCH, TEMUKA. The recognition meeting to the Rev. W. Woollass, held in the Primitive Methodist Church on Monday night, was well attended, the church being quite full. After prayer by the Rev. J. Dellow, Mr W. H. Fletcher was called to the chair, who briefly explained the object of the meeting, and expressed his pleasure at seeing such a large number present to give their new minister a hearty welcome. Mr J. B. Epps was the first speaker, and, on behalf of the local preachers, was very glad to welcome Mr Woollass. He was sure that Mr Woollass would assist the local preachers in their work, and hoped they would see a large measure of success as a result of their united labors. A humorous reading was next given by Miss Minnie Metson. Mr Metson was then called upon, and said he was there in a dual capacity, having to give Mr Woollass a welcome on behalf of the Sunday School and the Good Templars of Temuka. The spiritual future of the race, he said, depended to a large extent on the training the children received in the Sabbath School, and the moral future of the people was to be influenced very much by the efforts of the Good Templar and Prohibition Party. He felt sure that Mr Woollass would assist these organisations all he possibly could.

Mrs Bates was glad to be there to extend a hearty welcome to their brother. First impressions generally went for a good deal, and, if she could judge of the impression made by Mr Woollass, she should say it was a most favorable one. She then gave some of her own experiences while in the Army. Miss Annie Woodley gave a recitation with very good effect. Mr W. Smith was next called upon Rnd, in a very humorous and happy manner, said that on behalf of the ladies he was very glad to welcome the new minister. He hoped the members of the Church would realise their responsibilities, and always bo tfiere in as large numbers as they were that night to help on the work of the Church. He concluded an excellent speech by wishing Mr Woollass every good wish and blessing in his work. The Rev. J. Dellow was glad to be there to welcome a brother-worker. There was a very great deal of work to be done, and real, earnest wcrkers were scarce. From what he had heard about Mr Woollass, he judged him to be a man of the right stamp, and hoped he would have most successful times. The mission of the proaeher was to set people right, and unfortunately there were too many who were wrong. On social and mora), questions the voice of the preacher would be heard calling them to the right path. He urged them to follow their leader, and not be grumblers or idlers, but earnest sympathetic workers, giving all the moral and financial support they could $Q the church.

The Rev. W. Woollass was then called upon, and was extremely thankful for the very hearty welcome that had been accorded to him. To afl the speakers on behalf of the various organisations he was glad to be able to say he would support them to the utmost of his power. He ! was always at home in Sunday School and fctmipefaij.ee work, and believed that more attention should be paid to those institutions. He had always found the ladies to be great assistance in carrying on the woik of the church, and said that, seeing they were to have a new church, he expected tho ladios would help very largoly in rising the money. Ho was glad to be able to say that ho had sent away that day a cheque for the section on which the church was to be placed, and hop?d by the blessing of God and their money to bo able *° build the church and place it on a sound financial basis. It was evident from the number of people that had attended the services on Sunday and that evening that a now church was imperatively needed, and ho would be glad if they were able to have their next soiree in the new building. Ho sincerely hoped that not only good financial but great spiritual results would accrue from , their working together. A great deal , depended on the minister, but they must | not expect him to do all the work, for, while h.-; was quite prepared to :!■> his share, he expected each member of the church to do his also. Mr Woollass concluded his speech by moying a hearty

vote of thanks to the ladies who had so kindly given and presided over the tea, to those who had so beautifully decorated tho building, to the speakers for the kindly words they had spoken, and to the chairman for his able goneralship of the meeting. This was enthusiastically carried. During the evening some very nice selections were rendered by the choir, under the leadership of Mr Woodley, Mrs Epps presiding at the harmonium. A sale of the produce took placo at the close, and a considerable sum was placed j to the credit of the harmonium fund.