CLAIM FOR DAMAGES.

Wairarapa Age, Volume XXXII, Issue 9692, 17 January 1910, Page 5

CLAIM FOR DAMAGES.

McRAE v. MOORE.

JUDGMENT FOR PLAINTIFF.

At the Magistrate's Court, on Saturday morning, Mr R. H. Turton, S.M., delivered judgment in the case Roderick Mcßae v. George Moore, junior, a> case arising out of an alleged breach of contract for shearing. His Worship stated that the first point for the consideration of the Court was the authority that was alleged to have been given at the conclusion of the shearing in 1908; by which Paku said he was engaged to get a gang together for 1909. Paku and the other natives present stated that defendant, in paying the 1 former, gave him £1 bonus. This was admitted by defendant, who, however, denied having given authority on that occasion, but admitted the conversation might have taken place. His Worship saw do reason to believe that the natives had entered into a conspiracy to perjure themselves, and make up such a story, more especially as Paku had shorn there for some years. He could only think that defendant's memory had failed him on that occasion. Throughout the evidence the best answer that could be obtained from him was "It may have been so," which was unsatisfactory. There wag another admission by defendant in tha box to the effect that his father had gone to Tai Te Tau, a native chief, and endeavoured to get him to use his influence to smother the proceedings. No explanation of this was offered by defendant nor was his father put in the witness box to explain it. His Worship could only say that the preponderance of evidence was in favour of the plaintiff, for whom judgment would be given for the amount claimed (£l7l with costs amounting to £l4 13s. Leave of appeal was granted, the security being fixed at £lO, in addition to the amount of the judgment. Mr C. A. Pownall appeared for the plaintiff, and defendant was represented by Mr D. K. Logan.