DISTRICT COURT.

Wairarapa Daily Times, Volume XI, Issue 3531, 2 July 1890, Page 2

DISTRICT COURT.

MASTERTdNeWEDNESDAK ■ Before His Honor! District Judge Kobinson.)' ' ;; D, KNIUHTVEiBAItBEB, '.'"'■■

This was a claim for J62OQ, for wages due.

Mr Tosawill for plaintiff, Mr. Skerrott and AlrPownall for defendant, , .

A jury of four, was empanelled, of whom Mr'J.B.Keith was chosen foreman, ■'■-;'-.■'-

Mr TosbwHl briefly stated his case, j The olaim ,was foe L2OQ for work and labor done on the property of defendant at Pahiatua. The amount due.was actually £212, but the Ll2 had been abandoned in order to bring the case within the jurisdiction of the Court. Plaintiff had been employed by Barber, to manage two properties at Pahiatua, but no salary had been fixed, Plaintiff, and de? feridant' were brothers-in-law, and possibly this accounted for the fact that nothing was said about salary, Plaiutiff had worked for 141$ weeks, but had not received a penny in payment." ''v'

All witnesses were hero ordered outofCourt. '■..-'

Daniel! Knight, sworn, stated

that he knew defendant, who was his brother-in-law. In Juno, 1886, he wasliving.in Featherston, .and his brother-in-law in Wellington. In-

that month Barber came to hie house and spoke to him about the property' of Beßt. At his request be visited Pahiatua,' Defendant subsequently asked him to go up and. .work, and. said ho'would pay wage 3 for himself and two sqps. No rate of wages was - fixed, Went to Pahiatua early in July, 1886. The arrangement was" that defendant should find them, but they had to find themselves,. Tookoharge of Best's place'on behalf of Barber. On July 10th, 1886, he received a letter from defendant asking for information n the movements of-Best'. A second

letter was received) dated July 22nd, thanking- for the information ' sent andasking for still further. Daring the time he was on the' property of Best he did some bushfalling. Received a cheque for £25 froni Barber at beginning of August to • pay for bushfalling contract. On September

Ist a letter was received which showed that the land difficult} with Best was settled. ' Sent an account to Barber at his telegraphec request for work and labor done bi

himself and two sons, After Best's tffair was settled saw defendant in Wellington, and had a conversation with him about Mr Wardell's estate in Pabiatua, Defendant asked him

to see Mr Wardell. 'He did bo, and afterwards returned to Wellington,

where he had conversation about the Asked him about his wages for work done on Best's, When he replied that owing to funds,being absorbed in the purchase of Wardell's estate the question of wages had better be allowed to Btand. The arrangement made was that he should go back and work on Wardell's property, whioh had been purchased. He was to be paid wages and work on the property the same as he had onßest's. No rate of wages was fixed. It was arranged that Barber should find bim, and provisions were sent up from Wellington. Took oharge of Warden's property on behalf of defendant in September, 1886. On 21st September received cheque for £26 for grass Beed sowing on the property of Best. In December, 1886,. sent in accounts for £2OO for oontraots let on Wardell's property. Received a reply to the effeot that the amount could not immediately be paid. Built a house himself on the property. Started building about beginning of February, 1887. Oommenoed bushfalling on the property, with his two sons at the beginning of October, None of the land was clear when he took charge. Up till the Christmas following he fell about fifty acres. During 1880 he let two coritraols for bushfalling besides what he did himself. Went to live in' the house built about first week in March, 1887. Previous to that date he was living in Pabiatua, (A deal of correspondence about theestata was here put in by Mr Tosßwill.J From the[time ho left offbushfalliughe out grass seed by contract. Bush was burnt in February, The house was then built and the seed sown on about 180 acres. All the grass seeding was done by themselves. About two miles of fencing, was. done in 1887- Cows were first put on the place m. May, 18b7. One cow and nine heifers were bought at the Hutt about the end of April, also five cows and fl« heifers in Masterton about the same time, Two were milking in May, and the rest in September, 1887. The order given by him on Mr Barber, which afterwards camo into Mr Birnie's hands, was given to a busbfaller. The amount was about LSO. , Mr Barber eventually dishonored it, and it was returned to Mr Bimie, who alter some delay received a cheque for the amount from Mr Barber. (A deal more correspondence was here put in by Mr Tosswill. Mr'Skerrott raised objections on tho ground of irreleveucy, which his Honor overruled,) In 1888 more fencing was done on .the premises, fruit trees were planted, and outbuildings-were erected, Grass'sood was sown every year. On behalf of Mr Barber he leased a property from Mr Ehodes. Had no conversation with the defend' antin 1889 about selling the-Pahiatua projertv. First intimation he received was from Freeman E, Jackson,' the buyers. In 1889 about 240 acres were sown in grass,- the rest of the time being spent working] amongst the stock, The profitß from tho cows and pigs wei t towards the house expenses. He did not make anyjersoral profit'while on the place, Wiie and other grofle ■ were* 'bought'" and the bushfalling contraoto:s were supplied with bitter during the whole of the time he was on the pli.de. He worked exclusively for the defendant,.. Considered he was worth a gboddeal more than thirty shillings, a week.: He was the manager, After the plaee-'was sold he; saw Barber-.in Wellington. Aslced him.why he, had sold the place without: letting, him (Knight) know. Barber said; he could' not help himself, he owed F..; R; Jackson money;. Barber theii told Lim would'be right for wages, Hen|y Barber and himself would filtbinjij. Promised to let him knowin amijn'th how things were going. Went'doj)} to Wellington again ia\April onto' beginningof.May. ; Saw Barber fbo accusedbim of doing him,harra "by telling F. R, Jackson tMt he owed him JU4OO-or L 50.0: Hi (Eu'igh() then sajd, h§. must' have. npey. "Barber said i'PU see yb.u; d-~—d before; you, gel; i|\ pqw,'! After' this • wr-ite. a s letter, to;' Barber sometime in March, demanding L3OO in payment of wages.' Subsequently instructed bis solicitor to Me prooeedings''as 800Q\ as he could raise enough Sitting.).