WARDEN'S COURT.

Thames Star, Volume IIII, Issue 1750, 12 August 1874, Page 2

WARDEN'S COURT.

THfS DAY

(Before W. Fhaseb, Esq., Warden)

SMITH T. THOMAS

In this case the plaintiff sued the defendant for causing a breach of contract in the Queen of Beauty mine.

Mr. Macdonald with HSr. Tvler appeared for the plaintiff; Mr. Hesketh with Mr. Myers for the defendant. Mr. Macdonald in his opening speech said that the oaso nas brouglit forward as the plaintiff thought that the defendant had caused him a monetary loss in preventing him from carrying out an agree* ment that would have been of great value to him.

■Wi/liam McDonald, sworn, said—l am. the holder of a miner's right, but have either lost it or left it in Court the last time the ca*o was heard. lam a shareholder in the Queen of Beauty mine. I wataparty to a contract between the plaintiff'and the Queen of Beauty shareholders, (document produced). His Worship objected to the document as it was not sufficiently stomped, but admitted it.

Examination continued—Smith worßjrfpfor a considerable time under the a'gree^F' nvnt. and got well paid for the Avork he did, with the gold he got from the crushing*;. He must have laid out a considerable ram in wages. He left off working because he would not do the work according to his agreemrnt. I knocked him off work on behalf of myself and brother shareholders—that was about the 16th Feb., this year; I was acting as manager at that time for self and owners. I knocked £mith off because he would not fill up the No. 2 stopes. I said, "George, No. 2 wants filling up." He said he would not fill it up till the case was settled. I then told him he had better knock off altogether; Smith did so. , I cannot tell what conversation I had with you (Mr. Macdonald); that is, I do not remember what was said relative to George's workings. I said that I had b?en compelled to fill up a part of No. 2, nnd I told you distinctly that nothing should go wrong. I cannot reluember the precise words you used. To Mr. Hesketh: At the time i told Smith to knock off he-was on the surface. I had two or three days before told him to fill up No. 2. Mr. Mat donald : This has opened our eyes very considerably, for No. 2 was riot ■ opened at the time. ; Examination continued: I told Smith that I wanted the No. 2 filled up. At that time the company themselves had taken out .No. 2 lode. Smith said he wouldn't fill it up till the case was settled. I don't know vhat else he said at the time. I cannot say whether it was after that time I saw Mr. Macdonald, but 1 was com* pelled to fill vp x part of No. 2 as the shaft was in danger. * (Council objected). Tht block was alongside the shaft. After n.y conversation with Smith I had no authority to make a fresh agreement with him. I was compelled to look after thes*<• workings to prevent the mine running in, but not with the idea that Smiih. would resume work. The same defendants were my partners in the mine as named iv the iummom. v

George Smith deposed—l am plaintiff in this action. I made an agpeeme t with defendant relative to the work in Queen of Beauty mine. I did not see the contract signed named in this plaint. Mr. Uesketh said the contract waa against one, iut signed by the whole of the shareholders, and was not binding under the Statute of Frauds; : •

Mr. Macdonald said it wai signed and drawn up as " we the shareholders of the mine."

! His Worship read the agreement, and ! remarked that it was sighed by most of | the shareholders in the urine, and said—l look upon the case as most disgraceful to the Queen of Beauty shareholders, and if I possibly can will give them the opportunity of bringing their case before the ISupreme Court. I had hitherto cowrie ed the Queen of Beauty share* Lolders as respectable men. Mr. Tyler said that he thought the document (agreement) should be taken as a who c, and that the fact of one name being omitted should not vitiate the whole construction of the wording. ' : tome further evidence was taken, and the Court a journed for an hour. On re* suming, Mr. Macdonald, for plaintiff accepted a nonsuit, with £7 5s costs. '..-. The case Thomas r. Smith wai ad* jourqed till to-morrow. Court adjourned.