The Sun.
London, England, 1803-12-23 00:00:00

COURT EYCM.QtA.R.

TRIALS wrs; ritiusstroßt I.oko AvgN}(,ORA.
rtilD4v, A 6.

THORPE V. DEVF.RIr.

Tuts was an attion to obtoin damages for the le.
anetion of an hired labourer Irons the AC trice of his

emliloYer. •
Mr. BAmettersvote.titated the cast.---4-10 observed
to the. COurti,and Jury, that this was an afflon found.
ed on a saijeain which the Commerce of the Coun.
try was materially interested, and Inure particularly
fits stapleinanufadure, the prime source of nor•na.
clonal wealth and tiroperity. The Plaifitiftis a
considerable dealer in a branch of the linen manu.
and a peculiarity attaches to his calling re.
spetting the hiring of labourers, because a consider,
able degret,of the fiudiratior of his trade depends
on the'vicissitudi of the seasons, and•he is:therefore
obliged to contrad'evith his, workmen by the year,.
though at a weekly stipulation, for heir hire. It
would appear that the Plaintiff and. Defendant were.
a kind of rivals, in trade, and both residing in the
County of Dublin. The Plaintiff, about the month
of january,tBoz,- found occasion t, hire an expert
sort of a person, of the name of. Bermingham; who,
entered into a contra t' with him for the ensuing
year, 'in smite necessary ocCupat ion about linen yarn ;
the hire was t3°. ;ter I'fittrtniiioall) remain-
ed in the employment from the 2d of Jan,
until the tonaving summer, at which period the
Defendant, who is a bleacher, succeeded in Certain
attempts to seduce Bermingham from the•work Uf
the Plaintiff, and cotn3 into his own employment.
The Plaintiff; at this proceeding, took the necessary,
legal .steps, and had the Defendant summoned belore
a Magistrate of the County, by uatne,Venelle,
win, on investigation of the business, drew a con.
fission from.thepefenclint of (lie fad alledged against.
him, and made an adjudication aecordingly, .The
Declaration. contained three, counts,: two only of
'W .ICII Were'of importance, viz; that or the Defend-
ant taking into employinymt the. hired and contratted
set vantot.andther ; and the next, seducing him into
such emplOyMent; atter having had due notice. of the
cantratcit. 'fb'e 'question for the coosideration of
the Jury would, therefore, be to mark what stur(iri
ciaiihiges.chey should cii;4:4llr jUNI retribution
for the loses the PlaintiWonht hate .lastained.
Witneo of the name of Keily, foreman to-the
Plaintiff, deposed to the allegation stated by Mr,
BAR it T NGTQW, that be had o,ntratted with Refining.
ham, for their mutual employer, fox one year, at the
rate ,of 13s: .per week ; - that, tnoreurer, Berating.
ham should be.entitied :to • all hour work be
yopti twelve.hoars each day. •
There was a discri.
urination in:time:ow/4 respetaing the obligation of
working every (Jay in the. week, except the Sabbath,
becatisetbarday must b.e implied ; !waist) testified
tci theithmations before Magistrate Venelle, near
Ranelagli, and to the notice whieli; the Defendant
had received, that Bermingham. who, in the month
of July, 18oz, had been the i)cfeodanoa employ,
wavcontracted to the. Plaintiff' for one„ year, .com.
mencing in the month of January preceding. the
,Delendant. he further devoard, lived five-miles
:from the 11,,intitr's-,,Pitise; and" in a sitwttiori much
more ,contiguotts to,BerMingham's dwelling, which
.might operate as, it strong temptation on him to
break the Ontraet. With hip employ r, and quit his:
work.
gm4.ed, by Mr. CuattAi4. •
Q. Pray, Sir, did you make th 4 contran on be.

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