The North Eastern Ensign at KellyGang 25/1/1875
BENALLA POLICE COURT
Monday, January 25, 1875
Before Mr. J Holmes, PM, and, Mr R M'Bean,JP
(After hearing the other cases Mr M'Bean left the Bench.)
Close v M'Bean.- £20. - Mr Martyr for plaintiff, and Mr. M'Donnell for defendant. Plaintiff had agreed to put up a fence of fork and saplings, and on looking at the place he told defendant there was no timber near for the job. Defendant then said he could do the work with his men on time as speedily as possible, as the horses were getting into his English grasses. He finished the job, and no fault has been found with it, but defendant refused to pay the amount charged.
Cross examined by Mr M'Donnell: Defendant said he would pay for the time it took, not by piecework. The charge was made for day work; would not take it by piecework. The material had to be picked up all over the station.- John Smith stated he was working for plaintiff at this job. He worked ten or eleven hours a day. The job was well done, and as quickly as posible,
M'Bean, the defendant, said that he put the plaintiff to work and said he would pay for it according to value. There was half a mile of fencing, the value of which was about £6 or £7 a mile. £4 was paid into court as the worth. -RP Boger stated he was a judge of fencing, and valued the work done at £7 10s a mile. There was plenty of timber fit for the job, and the work could be done for that amount; plenty of men would be glad of the job.- Order for amount paid into court, the plaintiff to pay 25s costs to defendant.
(Mr. M’Bean resumed his seat upon the Bench.)
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