MAGISTRATE'S COURT, CAMBRIDGE.

Waikato Argus, Volume I, Issue 41, 13 October 1896, Page 2

MAGISTRATE'S COURT, CAMBRIDGE.

Friday, October 9th. —(Before Captain Jackson, S.M). \V. 11. WINDSOR V. J. CLKMKKTj. Mb Dyer appeared for plaintilFand Mr Buokland for defendant. Claim £32 5s lid for services as jockey .and trainer. Mr Dyer said Windsor was some two years ago in defendant's employ. lie left and went to Sydney, but returned and again entered defendant's employ, and the claim was for balance of wages due. Plaintiff deposed that previous to going to Sydney he was in defendant's employ, that was in 1893 and 1894. He left for Sydney in May, 1891. The wages lie agreed for were 25s a week and found. He returned to Waikato in consequence of his sister having written him. When he returned he saw defendant, and told him lie had returned as lie heard the defendant wanted him. He went to work in defendant's hay paddock on the •27th November, 1895. He said he should have some horses ready for him in a day or two, and he took charge of the horses Scalthcen and Rimsworth, and traimed them for the Auckland and Th lines races. There was not any arrangement made as to wages, but he concluded they would be at the same rate as formerly. He left defendant's employ at the end of Juno, lti9G. He had charged 15s per week and found, which equals £23 ss. He also charged £l4 for riding Scalthcen in six steeplechases, which charges were in accordance with the rules of racing. There were several other minor expcusos, of which claimant had a list in his pocket book, which ho said he had written up on rcturnnig from his trips, but the Magistrate said it had all evidently been written with the same pen and ink, aud it looked very much as if it had all been written at the same time.

Plaintiff said he had repeatedly asked defendant for money, but had never demanded the whole of his claim. Between the dates mentioned he was continuously in defendant's employ. He was now earning £2 per week and finding himself, lie was doing the same sort of work for defendant before he left for Sydney as for the time be claimed. Cross-examined by Mr Buckland : He was now a compositor. When in Sydney he wrote defendant, but he did not get any reply. He only now charged 15s per week, because defandant said he had only a little money. When with defendant the last time he did not mention wages, he merely asked for money, as he had done when previously engaged. The first time he had an arrangement with defendant as to wages, and when he left he was paid up. When first with defendant he was head of the stable, but the second tilllt* he was not in full charge. When he left the second time he told defendant he had better get someone else. He was scut away. The morning he left defendant said he had no money. He was paid 10s that morning which was to pay expenses on the way to Paeroa. He was to deliver a horse at Paeroa to Mrs Hibbs, who made him a present of £1 for taking ir. down. He did not ask Mrs Hibbs for it. Defendant did not always put £1 on the totalizator for him every time he role Sealthcon. He claimed a half dividend on Liberator as de'endaut said ho would put a ticket on for him (plaintiff) and the boy. He was paid £4 for expenses to Kotorua and back. That was to pay for liorse trucks, etc. He saw defendant at the hunt, but did not ask him for money a-i he was sick of doing so. He made no claim tor wages till he put it in the hands of his solicitor. The entries in his pocket-book were nude on many occasions. Re-cxauiincd by Mr Dyer: He rode four other horses that he had not charged for. When engaged by defendant previously he had been paid for riding. He took four horses through to the Tluunes.

.Mr litickland sa : d Windsor went to Clement's on the second occasion when he had nothing to do anil defendant took him in, and for the services he rendered he put money on the totalisator, the dividends from which plaintiff took, and occasionally Mr Clements made him a present of some money. At last Windsor became unbearable and he was presented with 10. s and picked off. There was no mention of wages and Mr Cements heard nothing about the claim for two months and then he got a letter making the demand from Mr Dyer. Defendant deposed he had never paid plaintiff for riding. He gave his present trainer us per week", his board and 1(1 per cent on the horse's winnings. Windsor came to his place in November. lSil.'i, and he told him he could stay till such time as he got another job. Wages were not mentioned and nothing was said about what he was to get for riding. Ho was not in want of a man ; Penuell had charge of his stables then and now. When Windsor rode he put a ticket on the totalisator and pay over the dividend to him. He did not discharge anybody when Windsor came to him. During the whole time plaintiff was with'him, he never asked for wages. He. was not inhis employ. lie hail never previously had any trouble with his men about wages. Plaintiff did just as he liked about the place. Plaintiff took a horse that was grazing in a paddock which belonged to another individual, had it shod, ami took it to the hunt. The shoeing was charged to him (defendant). He at last had to send plaintiff away. He sent plaintiff with a horse to a man at Paoroa and gave him 10s ; that was the morning he left. Plaintiff had previously been told to pack up his traps and go, but he asked to stay on a little longer. It was the loth of July when plaintiff left ; two weeks after lie soys he went. Cross-examined by Mr Dyer : Before Windsor went to Sydney I paid him either 'Jos or 20s per week and found ; he was not sure which. He was then training and riding for me. I did not ask Windsor's sister to write for him. I asked his father where he was at one of the horse sales. Wise was training for me when Windsor eaine the second time. Plaintiff went with some horses for me to Paoroa, where he rode four horses ; from there he went to Auckland, where he rode one race, and then he went to Itotorua. Pennell was away for a few weeks, during which time Windsor might sometimes have fed and ridden the horses.

By the Court : When plaintiff came the second time I did not ask him if lie wanted work. At that time I had a trainer and a lad. Plaintiff has never asked me for wages since he left : the first intimation I had was the letter from Mr Dyer. He rode six races for me, but 1 put L'l on the totalisator for him each time, lie wrote to me from Sydney asking me to send him a i's note to bring him back, but I never answered his letter.

John Penned deposed : lam a horse trainer in defendant's employ. I ride in all sorts of races. I have ridden Scaltheen. I have been defendant's trainer and rider for about two years. J r/as with defendant about two months when Windsor was with him the first time, and when he came the second time L was supposed to be head trainer. Wise was then training Scaltheen and Ilamsworth. When the horses came home I took chartre of them by agreement with Mr Clements. I receive da per week and found, and 10 per cent, on the winnings.

Cross examined by Mr Dyer : Plaintiff was the first to engage me in Waikato, but I did not learn much under him. 1 have ridden .Scaltheen about five times. When Windsor came back from Sydney I don't think he rode more races than me. lie sometimes helped with the horses, but nut much. Re-examined by Mr Buekland : There was another lad under me. If Windsor had had complete control of the horses 1 think they would have been messed up.

Mr Buckland suggested that ft was an afterthought of plaintiff to claim for wages. Mr Dyer contended that plaintiff naturally thought when he returned that lie was on the same terms as formerly, viz., 23s a week and found. Judgment was given for €ll 12a 6tl with cost in proportion £'.i 3s. Defendant was granted six weeks in which to pay it.