Post by nzbc on May 15, 2016 15:05:16 GMT 12
Resident Magistrate's Court.
Ching Ting v. Brogden and Sons I Claim for wages, L5 Bs. This was an] adjourned case from the 27th ult. Mr Dyer-for- the plaintiff; Mr Taylor for the defendants. Mr Dyer drew attention to two slight errors in Bruce Herald in former evidence, viz "Ah Tong to find wheelbarrows, and Smith picks," should have been just reversed "If any one ask whether day-work or piece-work, say day- work," should have been, "say piece-work." Ah Tong, examination resumed by Mr Taylor— l sign my name in English [letter produced.] Cannot say whether signature is mine or not will not swear it is not. [Another letter shown, signature acknowledged; a third letter produced.] "Will not swear it is not: too much turn on one letter. I wrote a letter from Wellington to Mr Smith, but did not say anything as to' salary. I wrote the letter saying that I did not want any wages, because I was always thinking of getting 1000 men, and they would pay me 3d per man from my countryme"h. Mr Brogden never said he could not settle with me without hearing from Smith, but he did say he could not send me until he heard that Smith was ready. My engagement was with Brogden. Mr Henderson was, present when I agreed to get 1000 Chinese. I engaged Ching Ting before Smith spoke about piece-work. I was acting as agent my wages was to be LI per day, and I was to get 3d per day from each man. I objected to Mr Cumine's measurement Mr Cumine always grumbled at the work done by the Chinese. Mr Smith told me to get Mr Brown to measure the work. I went to Mr Brown never saw Mr Brown measure all the work. Mr Cumine said there would be about 4000 yards. Mr Brown said 7000 yards when I asked him as to quantity, when I saw him measuring near the river that made m§ quite happy to find Chinese do so well for Mr Brogden. The only reason I went to Mr Brown was to shew Chinese werejnot lazy. Foon King, sworn by blowing out a match I worked on the railway for Brogden. I saw placards wanting Chinamen for Brogden, signed by Ah Tong. Went to work 25th November worked with Ching Ting, About seven o'clock in the morning Ah Tong and Smith came together to Adam's, and set men to work. Smyth told me to take up an axe and cut some fence down: he said twelve men enough to ciit fence, rest to get wheelbarrows and planks. Considered Smyth Brogden's head man, and looked to him for pay. I saw pkcard saying Ah Tong to engage men. Mr Smyth shewed me where and how to work. Three weeks after I started, Smith told me to leave one piece of work and go to another Ching Ting was there at the time. Do not know if Smyth spoke to Chiug Ting. There was one European overseer there, but long way off; none of Brogden's white men working near. Three weeks after starting white overseer found fault with me for not filling wheelbarrow sufficiently. I received 5s on Christmas day I worked 22 days. Two other Chinese witnesses were about to be called, when it was agreed to hold their evidence to be of a similar character to that ot the last witness. This closed the case for the prosecution, reserving a right to call rebutting evidence. Mr Taylor, for the defendant, moved ibr a non-suit, on the ground that there was not sufficient evidence to establish any agency. There was no evidence but Ah Tong's mere assertion. Mr Dyer replied, and asked what better evidence was wanted than Ah Tong's own evidence and he also relied on the placard for men, where the words used were employed to employ." Mr Taylor replied, that it was not necessary to throw aside altogether Ah Tong's evidence as totally false. He may have been employed for a purpose, and had exceeded his instructions. There was no evidence that he had received any authority to put up placards in such terms, and it must be noted that those placards were written in Chinese, a language unknown to Mr Smyth, Brogden's agent. The Magistrate thought there was a case to answer.
Bruce Herald, Volume VI, Issue 478, 11 April 1873, Page 3 paperspast.natlib.govt.nz/cgi-bin/paperspast?a=d&cl=search&d=BH18730411.2.8&srpos=104&e=-------100--101----0ah+foon+--
Ching Ting v. Brogden and Sons I Claim for wages, L5 Bs. This was an] adjourned case from the 27th ult. Mr Dyer-for- the plaintiff; Mr Taylor for the defendants. Mr Dyer drew attention to two slight errors in Bruce Herald in former evidence, viz "Ah Tong to find wheelbarrows, and Smith picks," should have been just reversed "If any one ask whether day-work or piece-work, say day- work," should have been, "say piece-work." Ah Tong, examination resumed by Mr Taylor— l sign my name in English [letter produced.] Cannot say whether signature is mine or not will not swear it is not. [Another letter shown, signature acknowledged; a third letter produced.] "Will not swear it is not: too much turn on one letter. I wrote a letter from Wellington to Mr Smith, but did not say anything as to' salary. I wrote the letter saying that I did not want any wages, because I was always thinking of getting 1000 men, and they would pay me 3d per man from my countryme"h. Mr Brogden never said he could not settle with me without hearing from Smith, but he did say he could not send me until he heard that Smith was ready. My engagement was with Brogden. Mr Henderson was, present when I agreed to get 1000 Chinese. I engaged Ching Ting before Smith spoke about piece-work. I was acting as agent my wages was to be LI per day, and I was to get 3d per day from each man. I objected to Mr Cumine's measurement Mr Cumine always grumbled at the work done by the Chinese. Mr Smith told me to get Mr Brown to measure the work. I went to Mr Brown never saw Mr Brown measure all the work. Mr Cumine said there would be about 4000 yards. Mr Brown said 7000 yards when I asked him as to quantity, when I saw him measuring near the river that made m§ quite happy to find Chinese do so well for Mr Brogden. The only reason I went to Mr Brown was to shew Chinese werejnot lazy. Foon King, sworn by blowing out a match I worked on the railway for Brogden. I saw placards wanting Chinamen for Brogden, signed by Ah Tong. Went to work 25th November worked with Ching Ting, About seven o'clock in the morning Ah Tong and Smith came together to Adam's, and set men to work. Smyth told me to take up an axe and cut some fence down: he said twelve men enough to ciit fence, rest to get wheelbarrows and planks. Considered Smyth Brogden's head man, and looked to him for pay. I saw pkcard saying Ah Tong to engage men. Mr Smyth shewed me where and how to work. Three weeks after I started, Smith told me to leave one piece of work and go to another Ching Ting was there at the time. Do not know if Smyth spoke to Chiug Ting. There was one European overseer there, but long way off; none of Brogden's white men working near. Three weeks after starting white overseer found fault with me for not filling wheelbarrow sufficiently. I received 5s on Christmas day I worked 22 days. Two other Chinese witnesses were about to be called, when it was agreed to hold their evidence to be of a similar character to that ot the last witness. This closed the case for the prosecution, reserving a right to call rebutting evidence. Mr Taylor, for the defendant, moved ibr a non-suit, on the ground that there was not sufficient evidence to establish any agency. There was no evidence but Ah Tong's mere assertion. Mr Dyer replied, and asked what better evidence was wanted than Ah Tong's own evidence and he also relied on the placard for men, where the words used were employed to employ." Mr Taylor replied, that it was not necessary to throw aside altogether Ah Tong's evidence as totally false. He may have been employed for a purpose, and had exceeded his instructions. There was no evidence that he had received any authority to put up placards in such terms, and it must be noted that those placards were written in Chinese, a language unknown to Mr Smyth, Brogden's agent. The Magistrate thought there was a case to answer.
Bruce Herald, Volume VI, Issue 478, 11 April 1873, Page 3 paperspast.natlib.govt.nz/cgi-bin/paperspast?a=d&cl=search&d=BH18730411.2.8&srpos=104&e=-------100--101----0ah+foon+--