Shanghai, 6th May.
Before Sir Nicoras J. HAxnex, Chief Coorer v. Trx¢ Vu-Sese.
His Lordship resumed the hearing of this case, which originally came before the Gourt as a counter claim. Dr. Cooper summarily dismissed the mafoo on account of finding that his ponies had been grossly neglected. 'The mafoo sued' Dr. Gooper for wages for himself and two other stableman, the claim amounting (with an item for pony food) to $36.67. His Lordship on the 28th ult., held that Dr. Cooper was justified in dismissing the man without paying his wages for the month, but that he was not justified in cutting the amounts due to the other mafoos ortho sum due for pony food. A verdict was accordingly given against the doctor for $29.07 being the amount claimed less the proportion due to the plaintiff. Dr. Cooper then put in @ counter claim for $75 damage sustained in consequence of the ponies' inability to work. His Lordship on that occasion adjourned the case for the production of a veterinary surgeon.
Dr. Cooper now put in a certificate from Mfr. S. W, Pratt, M.R.C.V.S., which was handed to His Lordship.
His Lordship—But certificate won't do, ssid Z wanted the evidence veterinary surgeon. If you desire it I wi adjourn the case again, for though that certificate may be perfectly correct yet there are many questions which arise upon what he says and explanations forthcoming which would alter my opinion altogether.
Dr. Cooper—Under the circumstances I don't think I need take up any more of your valuable time.
in Lordship—Then judgment will be given against you for $29.07, without costs.
Yo An-xwa v. Moran.
This was an action on which the plaintiff sought to recover from the defendant, Mr. Harry Maitland, the sum of $57.57 for wages due and on account of bran, barley, straw, ete. provided for defendant's horses at his request.
Mr. Nelson appeared for the defendant and pleaded that the claim was excessive by $34, part being for wages which the defendant had paid and the other part was deducted from his bill on account of his having starved the ponies, He should be able to prove that the plaintiff had been robbing his master for a very long is Lordship—If you charge having stolen something, then your action id should a criminal one.
Mr. Nelson—Porhaps my remark was not a very happy one, but he has charged us with a certain amount for barley and bran and we say he has not supplied as much as he claims.
The plaintiff went into the box and said he entered the service of the defendant on the 3rd of February last as head mafoo, and remained in that capacity until the Ist of April, when he was di charged. He had supplied all the iten for which he now sued and had fed the ponies properly and according to the instruction< of his master.
Cross-examined—He purchased the corn and charged Mr. Maitland with it. It was not true that a fortnight before rise closing of the entries for the Inst races, the ponies were in bad condition. He remembered the Doctor taking Sammie out into the country for a drive some time in March, and when he returned complaining that the pony was in bad condition. That, however, twas not because the pony was starved, but because it was tired. He had had 26°years experience of racing stables and always liked to see the ponies under his care win. He would not starve or hurt any pony.
Mr. Nelson said the ponies had beet starved in consequence of the plaintiff not giving the ponies the amount of food he have endangered the life of the jockey was ordered to do. His conduct might
who rode him, through being weak. During the time this mafoo was engaged by Mr. Maitland the ponies got into very bad condition. It was a critical time for the defendant, being close to the time when they should have been entered for the races and they discovered through one of the other mafoos rounding on him that the plaintiff had starved them.
Mr. Harry Maitland then entered the box and said he was part owner of the table in question, and had been interested in ponies for the last 17 years. About the middle of March he noticed the ponies were in bad condition, but could not make it out. He rested them, but asthe got no better he called in the Doctor who said they must be starved. He thereupon dismissed the plaintiff and appointed another mafoo, with the result that in a very short time the ponies returned to form and did their work satisfactorily, With regard to the excessive amount charged for straw, etc., the plaintiff had been charging him dollar a month too much per horse. Ho recited instances: where the plaintiff had charged him for stray which had never been used, a small litter of fresh straw having been scattered over bedding which must have been ten days old.
At this stage the case was adjourned till Tuesday, it transpiring that the witness who rounded on the plaintiff was not present.
Text read from the printed page and cleaned; old type leaves the occasional error.