WARDEN'S COURT.

Thames Star, Volume XI, Issue 3622, 5 August 1880, Page 2

WARDEN'S COURT.

THIS DAY.

(Before H. Kenrick, Esq., Warden.) DENYEB V. JOHN FABBELL.

Mr Brassey appeared for the plaintiff, and said that as his client and one of his witnesses were not present, he would ask the Court to grant an adjournment. . '! Mr Miller, on behalf of the defendant

objected.. He thought it was not fair to grant an adjournment without a good reason being assigned. After a few remark&from His Worship, Mr Brassey agreed to proceed with the case.

John Farrell, sworn, deposed—l am the defendant. I hare supplied the Alburnia with props for some time past from the Karaka Block. Mr Unthank employs me, and I gave all the accounts in Mr TJnthank's name, and not in may own. I never went to Mr Ferguson to ask him to alter the accounts. In some cases I received the money, and sometimes Mr Unthank. I sometimes get 10s a day and sometimes 18s a day. I hare been out* ting props for three months, and I hare received 10s a day for that time. I ran* dered the whole of the accounts. I hand the money orer to Mr Unthaak as, I reeeire it. I have been working for Mr Unthank for 15 months. I received as wages £10 iv the first week of last month for three weeks and two. day's work. There was no partnership between Mr Unthank and myself. I keep the accounts of the timber supplied to the mines. By Mr Miller—l hare a Miner's Bight (produced). AH the timber I hare cut for the last 12 months has been on Mr Unthank's account. ' . -;:

Alexander Unthank, sworn, deposed—l have been cutting * timber under the license produced. I employ 'Farrell to cut the timber. His wages range from 10s to 18s per day. Sometimes I sell the timber and. sometimes he does. Last time Farrell was paid I paid him all that was owing to him. I nerer take a receipt from a laboring man for wages. All the* timber that Farrell outs he Cuts for me. I have sold the' timber to the different mines. ; * , Peter Ferguson, sworn, deposed—l was mine manager of the Whau. I par* chased props from the defendant; some, about two months ago, and some six weeks ago. Mr Unthank claimed the money. I cannot say who receired the money for the props. , ;• His Worship dismissed the oase with costs, £117s. The Court then adjourned. ' '