HUNTER V. M'CULLOUGH.

Thames Star, Volume X, Issue 3148, 21 March 1879, Page 2

HUNTER V. M'CULLOUGH.

Claim, £16, professional services. ! Mr Brassey, for plaintiff, applied for an adjournment, on the grounds that an importaht wttn^srWa* niftt fortfrfonnng. J(; Mr Miller, for defendant, objected, and the Bench decided to hear the fiaie at 2 p.ni., until which time the Court adjourned. „, ; , '■„": 'I" ■] ....... /■:■... : ■.',-; ■■ ,-

On resuming at 2 o'clock the case was proceeded with. ;: , . w i. Mr Brassey stated the case. He said that the action was for the recovery of £16, balance of account for f ' services, of band at Mr Macandijew's banquet,, and at the reception ofj Sir G*. Grey. The defendant had made thie: engagement with plaintiff, and it was for him to go against defendant as a committee man or as a private individual; Defendant had said to Hunter," You get the band tbgfctheriaii'd I "will Bee jou paid," arid nothing more was said until the account was rendered, when he made a shuffliag answer, "Send in the account to the Committee." Mr Hunter knew; of no Committee. The defendant had also engaged the plaintiff in a similar manner to play at the Demonstration on Turning of the First Sod of the Bailway, and afterwards had asked him to send in his account to the Committee. In. this case Mr Hunter knew of no Committee. In addition to this Mr Hunter had been subjected to much abuse on the matter in the Evening Star newspaper. William McCullough, sworn, deposedlam a journalist residing at Thames, and know the plaintiff, Mr Hunter. I saw him about the 18th of December last. He .came to see me, and said, "I believe the 1 band is wanted to turn or.t for Mr Macandrew's banquet." I said " Yes; the Committee expected the Thames. Sqottish baud to turn out to the banquet." He said something to the effect that the band would require ; payment.. I asked, "What payment will you require." He said, "All men losing a shift or a half shift would expect that amount given to them." There was no amount stated. The construction I put on it was that the Committee were to pay any expenses or loss the men were put to. I told Hunter I would recommend the payment of the men who lost a shift. I did not send Mr Hunter, senior, for plaintiff. The Committee expected that the Band would turn out to do honor to a Minister of the Crown, as the Government had been.very good to the Volunteers here in the way of giring grants, etc. The Committee referred to was the Macandrew Banquet Committee, and consisted of Colonel Fraser, Mr Allom, Mr Brodie, Mr Brown, Mr Osborne, and others. I recollect instructing Mr Miller to reply to a letter from you demanding £16. (Letter read, the reply to which was to the effect that when Mr Hunter rendered an account in the terms of the arrangement with Mr McCullough the latter would recommend its payment by the committee). I did not say to Mr Hunter I would see him paid. On the morning of the 21st of December, when (Sir George Grey arrived, Major Murray with Mr Hunter came to me. The former said "No arrangements have been made about the band." J told him that Mr Mcllhone should have seen Mr Hunter upon the matter. Hunter said, "Mcllhone has been at my place, but I did not see him." Mr Mcllhone was a member of the Sir George Grey Beqeption Committee. I told him then that there .was an understanding with the general committee that no fixed sum should bo paid to the band. It was understood that the band were not

to be paid for turning out to meet Sir G. Grey* I referred Mr Hunter to Mr Mcllhone. Major Murray then remarked that there would not be time .to see Mr Mcllhone as, if the band was to turn out Hunter would have (o warn some of the bandsmen not to go to work. This was at 7.30 in the morning. I said I would like them to see Mr Mcllhone. Major Murray said it would be then impossible to get the band, and the two moved to go. I then asked them what would be the cost of the band. Hunter replied, " There will be no fixed charge made. All who lose shifts or half shifts will expect to be paid." I asked how many he thought would lose shifts, and, to the best of my remembrance, he said " Four or five.". I asked him to send in an account of those who lost shifts, and I would see it paid. When I said this last Major Murray had gone some distance towards Brown street. I made the arrangement without consulting the Committee. The accounts were sent in at a meeting of the General Committee, but were not passed, the matter being referred to myself and Mr MeIlhone. I informed the Committee that the account of the band was not in accordance with the arrangements made. The Committee did not refuse to pay the accounts, because it was unauthorised expenditure. The reason the accounts were thrown out was because they were not made in accordance with arrangement.

By Mr Miller—Hunter has not rendered accounts in accordance with the arrangements. I was on the committee as Mayor, and the arrangements with Hunter were, neade by me in my rapacity as commUteeman in the matter of the reception of Sir George Grey. I believe I was appointed by the Borough Council. By Mr Brassey—l did not speak to young Robinson, (he secretary of the band, about a reduction for refreshments of £2 10s. I know the band did have some refreshments—£2 10s worth at Curtis' and £2 14s at Twohill's. The former was authorised by the committee. I have received. several accounts from Bobinson and Hunter, and my solicitor has them in his possession.. •

[Left sitting.]