A Strange Case.

Gisborne Standard and Cook County Gazette, Volume II, Issue 175, 28 July 1888, Page 3

A Strange Case.

At the R.M. Court on Thursday Edwin Masters Bannister sued Josiah Tutchen for wages’ and other claims incurred while acting as defendant’s manager on Home Station, Whataupoko. Mr Chrisp appeared for the plaintiff and Mr DeLautour for the defendant. Mr Chrisp intimated that it might be necessary to adjourn the case as one of his witnesses, a girl named Minnie Dawson, living on Whataupoko, was unable to attend, as she was indisposed, having been confined only a few days ago. The plaintiff deposed that he entered into an agreement with another person to lease a farm from Tutchen last October. He continued up to February 3rd or 4;h in possession under the agreement. Tutchen called for tenders for cutting firewood, and he accepted two tenders for Tutchen. When asked to pay for this Tutchen refused, but said he would pay if they would sign over the lease to him, and also give them £5 each. Tutchen agreed to give him £1 per week for looking after the place. He remained in the place under the agreement. When about to leave Tutchen told him he could continue as manager at a reasonable salary. Tutchen asked him to transact business in town as he (Tutchen) did not care about going into town because of all the scandal going on about him. He suggested that Tutchen should take a trip— get out of the country, but Tutchen said he did not care about doing that. Tutchen sent him a letter in which he told him not to dog the sheep too much, and to “ be kind to an animal and it would be good to us,” and telling him not to waste the mutton as it cost money. In anothei* letter in which Tutchen asked him to transact business

fur him he said “ I don’t care about going to town after the scandal about me. lam very lonely; no one came to see me yesterday. Sow had ten pigs.” Afterwards received letters asking for detailed accounts of business transacted. Asked Tutchen if he had sold ihe place, and was answered in the affirmative. Gave Tu chen two weeks’ notice. Tutchen told him ne could go at once. Asked Tuuchen for £1 a week from the time he left the Government Service and 10s a week for each man’s board. Tutchen promised to pay but afterwards refused to do so, saying his word was no good unless it was down in “ black and white.” Afterwards gave Tutchen full accounts and demanded manager’s wages. He said : “ You had better ask for mw-mana-ger’s wages.” Gave Tutchen written .otice after this. He replied “ I refuse to accept your resignation as mis-manager of my place, as your time was up last Sunday.” Received an account of £64 10s 6d, signed by Mr Tutchen—an account of what had taken place, and also received a letter. The letter was read, and contained the following passages “ Praise God, I have right on my side. . . You cannot even milk though you represented yourself to be perfection. . . There was four keys missing in the house; even the W.C. door is nearly off its hinges.

It you had been paid to destroy all I bought you could not have acted better for your employers. You have falsified accounts. It was you who caused May to slip her foal.” He admitted killing about sixteen sheep, but Tutchen took about three-quarters of every eheep, as he had a large family; and also used to tell him (Bannister) to take mutton into town as a present for some friends of his. Tutchen gave "fii/a shillings each for the sheep, and persons to whom he had sold the mutton told him it was not worth having. A barbing machine which Tutchen had supplied was sti.l on tne place. Cr ss-examined by Mr DeLautour: My partner was H. H vers, who is now at Te Arai, I think. The agreement Was cancelled by letter, consenting to give me £5. I did not get tha\ five pounds. Havers was also to be paid £5. He said there was no hurry to give the money if I was not going away f ra dy or two. I told him it was rather short notice for me to go • uc with my family and he said I could stop a month. Mr DeLautour : Speak the truth ; you are go ng very fast. Mr Chrisp asked Mr DeLautour not to c nfuse the witness, who was speaking the truth.

Mr DeLautour: He is more likely to do it if he goes a little more slowly, because his memory is wonderful. Witness : Yes, I have a good memory. Mr DeLautour : Yes, you have.

Examination continued: I was satisfied with Havers as my partner. I think I compl lined to Tutchen because of the way some rails were cut. 11 H>k a copy of the arrangement by which Havers left. I took it down at Tutchen’s dictat on. I had no conversation with him about Havers going out. I thought it wis on -ccount of his bad writing that Tutchen asked me to wr te the letters. Havers signed the letter. Tutchen gave me a cheque to give Havers, but from the amount was stopped the price of a suit of clothes (£1 10s) which Tutchen said Havers had got from him. Havers said he would take the money because he had no

receipt for the suit of clothes, and could not get out of the £1 10s. Under the first ease I was to pay 5 p r cent on the i urchase of land and 10 per cent on stock and improvements. I have paid some of the interest and rent by selling out my place for £5. Ido not k ow what the interest would amount to. Tutchen built the house and fenced the pr petty, bought horses and dray, wire, and all the things I required. Tutchen put a man on after Mr Havers left. On some further questions being put Mr Ch isp said “ Don’t jump down his throat.” Mr DeLautour: lam not jumping down his throat. Mr Chrisp said his friend was trying to confuse the witness. Mr D-Lmtour : He is hanging on so long. Mr Chrisp : Don’t accuse him of being un’ruthful. Mr DeLautour : I am not accusing him Examination continued : He did not pay me for the man’s board, though he agreed to do so. There was no other per on under my management but the one man. It was not a fact that that man was represen r ing Mr Tutchen as against my work. I have never represented since February 4, that I had an interest on the farm. I told Mr Porter that the old man was going to make it ri<ht for me in the will. We were talking generally about the place. I have often been over talking to him as a friend. I never represented to him I had an interest in the place. I first claimed the wages as manager on the 30th June. Up to February 4 I sold what timber I chose on account of myself and Havers, but I could not tell the quantity. I was more accurate after that date because I was in oharga for Mr Tutchen. There were fifty odd cords of wood an the ground on February 4. Hooper, Attwood, and Bowley were with me. [There was a lot more questioning on these little points, but the witness was very clear in his evidence.] Tutchen tod me that if I was a good boy and looked after the place he would see that I did not want for money and one day the place would be mine. By Mr Chrisp : I sent some scones over to Tutchen’s place. He said he was a good baker, and I backed my wife to bake better than he could. I ate some of his bread, but was laid up for a fortnight after it. Mr DeLautour said he failed to see what contract of service had been set up. He thought it would be better if the case could be referred to arbitration. Mr Chrisp said he would be quite willing to refer the matter to arbitration, but Mr Tutchen kept- himself locked up in a sort of castle on Whataupoko, and when the baliff served the summons Tutchen abused him like a pick pocket. After a little further discussion by counsel the parties agreed that the matter should be referred to artitration.