A CARPENTER'S CLAIM.

Gisborne Times, Volume XXVII, Issue 2406, 22 January 1909, Page 6

A CARPENTER'S CLAIM.

} UTCOM £ OF AN AUCKLAND TRIP.

THE CASE ADJOURNED

At the Magistrate’s Court yesterday a case was heard in which. Dennis O iVleara, carpenter, claimed £29 from Alfred Weibb, being £lO, the value of two kits of tools, £9 the value ol .a i.i unk containing wearing apparel, and two sums of £5 for damages tor retention of same, and for his being prevented from going to Sydney. Mr.- H. J. Finn, appeared lor plaintiff and defendant was represented by Hr.. J. R. Kirk j Mr. Finn outlined the case for his Merit and stated what evidence he a tended to call. ,

Dennis O’Meara, •carpenter, said that- defendant had agreed advance him money to go to Auckland, and said hat he would accompany him. He had been working at Puha for Mr. Williams, and after having been out there he met defendant after the -■steamer had gone to Auckland. ,Defendant said that witness’ tools were gone and that they had been sent to Auckland by Lowndes, carter. Later on -witness went with defendant to Auckland, defendant paying his exDouses. Defendant paid a week’s board for him and witness went with him the following morning to the Post Office. He asked defendant bow much was owing to him,' and defendant gave him a bill for £ll Os 3d. Witness then drew £lO out of the Post' Office and gave defendant £5. saying that lie thought that would more than cover his expenses from Gisborne to Auckland. Mi'he following day defendant came to him and got 18s which ho 1 1 -jcl paid for witness’ board. Defendant, said he was leaving for Gisborne the next day. A few days dater he went to the ShipDin g office to get Iris tools and box in order to go to Australia.' He then found that his tools had been sent back to Gisborne and that the deh ndani: had signed for the delivery of them. Witness then wired to defendant asking for the return of Jus-tools ami received a reply stating that defendant was going to keep the tools in lieu of money owing. He.returned to Gisborne and saw defendant, who again asked for money owing. Defendant said he was leaving 'Gisborne and Was going to take witness’ tools with his. Ho valued his two kits of tools at £lO and his box containing weiring apparel at £9. On his return to Gisborne lie was offered work, but could not accept it as he had no tools and could not borrow -any. until last Monday. He claimed £o for damages on account of ■'the detention of his tools and £o for damages owing to not being able to !go to Svdnev.

-To Mr Kirk: Ho did not have am account made up showing that lie owed defendant £l2. Witness was further cross-examin-ed at length as to the value of the tools in the kit and the amounts alleged to have been advanced to him by defend amt. No mention was made o ,f: giving his tools as security to Webb. '

Further evidence was given by plaintiff's employer. who stated that Vhen plaintiff returned Irem Auckland lie (witness) offered him work hut plaintiff was amiable to, accept, owing to the fact that defendant retained possession of his tools. To Mr Kirk: Plaintiff was one of the best men he had ever worked with hut he could not give him work because lie had got no tools. _ He later got a few tools and plaintiff started work with him. He could remember no conversation with Webb or O’Meara about money or wages. Francis Low mb s, carter, said that plaintiff cure to him and asked him to call at defendant’s house for his lugigige. and at Williams’ yard for sonic tools. they wore to be takem to the steamer, as plaintiff told witness lie was going to Australia.. Witness put the box on the s.s. Tuatea himself, and when the tools arrived, he did the same thing. Tie saw plaintiff a few days after lii.s return from Auckland Mind went witn him to defendant’s house. Plaintiff asked for his tools and defendant refused to. give them up, until plaintiff paid some money that was owing. Oswald Delamey, carter, said that he brought two kits of' tools to the wharf from Williams’ yard, at the request of defendant. Defendant said that the tools belonged to a man named O’Aleara and that he i\ as going to Auckland. This closed the evidence for the plaintiff and at the instance of counsel for the plaintiff an adjournment was granted until tins morning, owing to the extreme heat of the afternoon.