The Northern Daily Times.
Liverpool, Merseyside, England, 1853-10-22 00:00:00

COUNTY COURT. v --ESTERDAI

(BEFORE JOSEPH POLLOCK, ESQ.)
ESTATE AGENTS—JACOB a. JZWITT. —The plaintiff, Mr.
Jacob, an estate agent, sued the defendant, Mr. Jewitt,
chart-seller, South John-street, for the sum of £7 10s.
commission, at the rate of one per cent. upon a house near
the Old Swan, for which he had paid £750. Sir George
Stephen appeared for the plaintiff, and Mr. Aspinall for the
defendant. The question raised in this case was, whether
Mr. Jacob could establish a claim to the per tentage, seeing,
that after a conversation between them about some houses
to be let, the defendant himself negotiated with the land-
lady for the purchase of the house for which was paid £750.
His Honor, in giving judgment, said as there were other
conversations between the parties, in which the plaintiff
did not allude to his claim, he should take it that the one
now sought _to be establised, as a business transaction,
was not really so, and he should therefore non-suit the
plaintiff.
SUBMISSION TO A. THREATENED STRIKE.—RANSON V.
MAJOR.—The plaintiff is a journeyman blacksmith, and
the defendant is Mr. John Major, Brunswick-dock, ship-
builder, and the action was brought to recover £1 19s 4d.
wages, for 70 days. It appeared that Mr. Major agreed to
employ the plaintiff by the week; but the latter not being
a club-man the other men refused to work with him, and
called upon Mr. Major to discharge him. With this dicta-
tion Mr. Major complied, he discharged the plaintiff on
Wednesday night, but refused to pay him for the week, the
term for which he had been employed. He contended that
there were only four days and a quarter, overtime included,
due to the plaintiff, and he accordingly came into court to
justify this tender. The plaintiff on being sworn, stated
that he had been employed by the week, by Mr. Major,
that he had worked lg day over-time, in addition to the
ordinary three days, durinc, which he was occupied, and that
he was:discharged by Mr.' Major, at the dictation of this
men, simply because he was not a club-man, and refused to
become one. A gentleman from Mr. Major's office admit-
ted that what the plaintiff had stated was true, and that the
only objection to his being continued in the employment
was his not being a club-man. His character and ability
were unexceptionable, and Mr. Major, told him that he
would not have discharged him had he not been compelled
to do so by his men. His Honor said that the claim of the
plaintiff was a perfectly just and proper one, and he exceed-
ingly regretted to observe the nature of the defence set up
against it. The plaintiff had been engaged for aweek, and if
Mr. Major chose to submit to the illegal dictation of his
men, and discharge the plaintiff, he was not on that account
to refuse to him what was justly his due from th 6 nature of
the agreement between them. Plaintiff was willing to work,lto
do: it honestly and fairly, and by so doing to earn his daily
bread ; but it would be a sad thing if he were now to suffer
both from the conduct of the master and his savants. The
servants combined against him, and said he should not work
because he would not enter into a club ; and then the master
turned round and said he would not pay him, because the
men had combined against him. The representative of Mr.
Major here observed, that that gentleman did not wish to
lischarge the man, but that it would have been a very serious
matter for him to have kept him in opposition to the men.
had he done so, they would have all struck in the yards.—
His Honor : In other words, Mr. Major owes this man the
money : he engaged to keep him for a week, but it is more
convenient for him to obey the illegal dictation of the club,
than to pay this man the honest earnings on which his sup-
port depends. If Mr. Makir chose to do that—if he be
willing to submit to the dictation of his men, and will not
pay the workman who works honostly and well for him, he
may be certain that he will encourage his men to strike, and
that his own conduct will recoil on him. He ought to be
the last man, as a matter of policy, to do as he has done ;
but as a matter of justice, nothing is clearer than that the
wages claimed are due to the plaintiff. The refusal of the
men to work with the plaintiff, is no reason why Mr. Major
should refuse to pay him ; and I am sorry to hear such a
defence set up by a master, for it would be the most injuri-
ous thing for the masters themselves, if such a course were
allowed to prevail. And it is the more unfortunate still,
that a master should suppose,- because his men dictated to
him, that he was therefore relieved, in law and justice, from
paying to his workman what is really his due. The plain-
tiff's claim is a most just one, and I have great pleasure in
ordering it to be paid at once.
SYMPTOMS OF CHOLERA.—MITCHELL V. CRAIG.—The
parties were represented by their wives, and the action was
brought to recover ss. lid. for provisions sold. When Mrs.
Craig entered the witness box, she did not appear to feel that
responsibility which even " *Wilkins Micawber" felt at-
tached to the position of " defendant in civil-bill actions."
She looked somewhat fiercely at the plaintiff,
.sympathisingly
at:the Court generally, and then, heaving a faint sigh, leaned
feebly, but in a very unsteady manner; against the box. His
Honor inquired if she were ill? To which the defendant re-
plied thar.she was—that she had been labouring under symp-
toms of cholera for a few days ; but however that may be,
it was very evident to all in Court,:that she considered an
indulgence ad libitum in " two-penny-worths," the very
best preventive to the further approach of the disease. His
Honor told her that she was drunk, and would not permit
her to be sworn, upon which she left the box, and behaved
herself in a manner not at all in keeping from its unusual
liveliness with the ordinary idea of a cholera patient. After
a time she returned into court, and, while abusing the offi-
cers, forced her way, despite of their efforts, to the steps of the
bench. His Honor endeavoured, but in vain, to make her
sensible of her 'position and its disgrace,. and was at length
forced to send for a constable to take her into custody. When
the constable came she struggled violently with him and the
officers of the court, who, by the' direction of his Honor, re-
moved her with as little force as possible.

A MAN 'OF PRINCIPLE.—NIJGENT V. STAVELEY.—The
plaintiff is a painter, arid the defendant, Diana Staveley,
keeps a public-house in Whitechapel. It appeared that the
plaintiff went into the house a short time since, and having
had some drink was handed his change. This, he con-
tended, was short by 6d., and he accordingly brought the
present action to recover that amount. In answer to the
Court, he said'he brought the action from :principle. His
Honour commented on the folly of such a proceeding, and
observed that the law never intended the time of the court
should be occupied by such cases. The statements on both
sides being equally positive, the case was dismissed.
The court adjourned at its rising until Ten o'clock on
Monday.

BANKRUPTCY COURT.—Yesterday, before Mr.
Stevenson, a very long examination was taken in the case of
Fairclough, of the firm of Dagnall and Fairclough, bank-
rupts. At the rising of the Court, the bankrupt's examina-
tion was further adjourned.
THE' JEWISH NEW YEAR.—The great feasts of
the " New Year," and " Feast of Tabernacles," amongst
the Jewish people, have just terminated in this town.
These feasts were attended with great solemnity, and after
the manner which is most minutely and explicitly laid down
in the Old Testament, for the observance of these, the greatest
feasts, of this most interesting and ancient people.
Those who wish to be acquainted with the particulars, will
find them in the law of Moses : and it is a fact, that no
matter in what country, (and where are they not to be
found ?) the Jews are, they celebrate these religious cere-
monies at the same date, and with the same observances.

FATAL ACCIDENT.—A man, name at present un-
known, but who had pawn-tickets on his person with the
name John Thomas, was found on Sunday morning, at the
bottom of the tunnel at Lime-street station, by Thomas
Green, a plate-layer, who works in the tunnel, between
Edge Hill and Lime-street. He found this poor man lying
on his back, parallel with the rails of the down line, with
his head resting on one of the rails ; one of his hands was
literally smashed to pieces, and rested on his chest. The
sufferer was immediately conveyed to the Infirmary, where
he died on the evening of Wednesday, at 10 o'clock, It
is supposed that this man must have been injured by the
50. 10. p.m. down express train, for, from the position he
was found on the line, he would have been inevitably cut to
pieces had any other rain followed. It is also supposed, on
good grounds, that this is. the mune man Who, on Saturday
night at ten o'clock, enquired, in a drunken state, of one of
the porters at Lime-street, for the Crewe train, and was
directed on to Edge Hill station.