DISTRICT COURT.

Westport Times, Volume II, Issue 220, 15 April 1868, Page 2

DISTRICT COURT.

(Before his Honor Judge Clark.) ciyil actions. Tuesday, Apkil 14. John" wallace v. Isaac blake. Mr Tyler appeared for the plaintiff and stated that the action was a demand for wages for £175 10s, from the 27th March, 1866, to the 10th December, 1867. Mr Pitt appeared for the defendant. John Wallace, plaintiff, deposed—l know defendant. I became acquainted with him in March, 1866. On the 27th of that month I engaged with him at 30s. per week, as a storeman—this agreement to be in force for three months. At the end of twelve weeks, the 26th June, I told him I should require higher wages, and he agreed to give me £2 per week. I remained with him at this rate of wages for 40 weeks —my twelvemonths was then up, and he wished me to stay longer, but that he wanted me to act as agent for his vessel, and for this he agreed to give me £2 10s per week, I continued at this rate for three weeks. Alfred Waller then came to the G-rey and told Mr Blake that there was a rush to the Buller, Mr Blake then wished me to go there to open a store, and agreed to give me an advance of wages. I stated to him that I would not go for less than £4 per week. He then offered me a share in the business in lieu of wages. To this I would not agree, and he then sent the goods down to the Buller, and I went down in charge of them. Mr Blake also told me to let Waller have a £IOO worth of goods, out of the shipment that was sent to the Buller with me. The goods were shipped in the name of, and were consigned to Isaac Blake. I made the freight note out in Mr Blake's name by his order. Mr Blake accompanied me to the Buller, and teok a store into which the goods were placed. Mr Blake bought some goods here for the store, and sold some from the store, he then went home after remaining a few days. He came back in three or four weeks. In the meantime I received some letters from him. the one produced is in his handwriting. The latter stated that the writer (Blake) could not come down, but would send his goods by the Despatch, and the letter further told the plaintiff to send all the money, and ordered him to sell all the goods at cost price, as the writer wished the plaintiff to come bacft to G-reymouth. When Mr Blake again came to the Buller he sold some porter out of the store, and took all the money I had and went home again. Another letter, under date of June 6th. was then read, the purport of it being the same as the last. I remained in the Buller to the 13th December, selling the goods for him. Mr Blake all this time appearing perfectly satisfied with what I was doing. In December he came to the Buller, and took all the goods back with, him except the ullage goods, which were invoiced to me—the sum was £32 odd. I have an agreement with him, as he wished me to keep the goods. I refused to take them, and he then authorised me to collect the debts as his agent, and he gave me an authority to do so. The only goods I ever took from him as a honnjide purchase were the £32 I have mentioned. Besides this I have received from him £34 in money and goods on account of wages. By Mr Pitt—l applied for the amount of wages on the 13th December. Donald Sutherland was present. Mr Blake refused to give me any wages, and he told me he should hold me responsible for the goods. I also applied for wages before I came to the Buller, and defendant did not settle pleading as an excuse that he was short of money. The goods were neither sold or invoiced to me. I did not agree to give Mr Blake 2£ per cent, on. the cost of the goods and take them on my own risk. I remitted various sums of money to Mr Blake as I collected it. I never told Mr Blake I wished to go to Sydney. I do not remember being threatened by Mr Blake with a summons for the goods.

By the Court—Mr Blake paid my passage to the Buller; at least I did not pay it. Alfred Waller sworn—l was in Greyinouth in April last year. I went to Mr Blake's store, and told him there was a rush to the Caledonian, and I asked him to send some goods to the Buller. Mr Blake proposed to send John Wallace, who was then working for him, to the Buller with some goods. After this, Mr Blake wished to invoice the goods to myself and Wallace, and after Wallace had seen the Buller he and I agreed to take some goods from Blake. I considered myself a partner at this time. I got some goods from Wallace and paid for them. I came into the Buller last Monday week. I talked the case over with Mr Blake. I have made a previous statement. It was written down and signed by me. The purport of this statement contradicted liis previous statement on oath, and he in this written statement declared that he always understood Wallace to he a paid servant of Mr Blake's. By Mr Pitt—Donald Sutherland wrote the statement which I signed. The goods were taken by myself and John Wallace on our own account. I went out of the concern because I thought it would not pay the two of us. I was present at G-reymouth when Mr Blake offered to raise Wallace's wages when he went to the Buller. After he came to the Buller he agreed to take the goods to sell on his own and my account* I sold out my interest to a man named Evereste. Re-examined —I was in partnership with one O'Toole, on the road to Addison's. I sold this share to Evereste.

By the Court—l am telling the truth now. The paper is not all true. His Honor told the witness to go, but told him to be more careful in future, as a little more and he would have committed him for perjury. Donald Sutherland deposed—l know Alfred Waller. I was present when the document previously read was signed by Waller. This document was written to ensure the truth, as Waller was the defendant's nephew, and we wished to get his evidence before his uncle Blake came down. I read the document to Waller, and he has a copy of it. Several documents were prepared, but Waller thought the one he signed the most just and truthful. I was present when a conversation took place between the plaintiff and defendant, Wallace claiming to be a servant and Blake stating that the goods were sold to Wallace. Wallace was selling the goods for Blake and Co. By the Court—The document was read ovei to Waller, and he read it over himself.

John Hughes deposed —ln May or June last I bought some porter and kerosene from Blake. I did not see Wallace at that time. I afterwards bought porter from Wallace. By Mr Pitt—The porter I bought from Blake came from G-reymouth f>nd I paid Blake for it. This closed the case for the plaintiff.