The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-21

DARLINGTON concluded BY expressing nope that his
Hon tn Ju dse, wood give Judgment in favor Of his
The Judge sad-Ths is case which, in the exercise Of
by influence of the spirit Of mischief
has been aggravated into case IN which the par
ties have been a1S assu
under the conviction that they were stating
the truth. No doubt there are misconceptions on
both Sides There is doubt from the evidence that
the defendants the managers of the institute thought
they bound pay for the plaintiffs extra ser
plaintiff no doubt was led to believe that as good things
were going he might have chance and his claim was
therefore not beyond that which he faered himself ne
entitled to- But if each party had made some con-
cesson the would have been settled To me- it
presents case in which entitled to exercise all the
Shall not dste here At ali upon the testimony Of the
Witnesses should Of course have wished that the case
had closed but ! shall not myself contribute IN any
degree to increase the existing enmity As to tie claim
of the plaintiff it must be conceded that there abi
t the part Of the defendants As to the work render
ed there discrepancy in the testimony the witnesses
Nv CoEzens said there were particular circumstances by
which he enabled to fix the period, and shall there
weeks which think would be fair compensation for
what he rendered But it appears incontroverble that
during the months from October to December there
necessity for the plaintiff being ut the institution and
he fully employed cannot acknowledge the right
of institutions individuals to claim exempt the OBJ
forbds such an exemption Where there is party
der expectation of receiving gratutous allowance for
and s. sa.
receive as much as equity allows Therefore, shall
give judgment for So week for the tive months Now,
with regard to the Sunday work. told that resou
ton passed by the association that there should be
work Sunday and yet certain amount of work had
to be accomplished by certain day. and therefore it
necessary the clerks should be employed Sundays The
orders Of the association must be either neglected
occasion or dsobeyed on the other, If Hazen had
failed to effect the object which they required of
him, in having the work ready by the Friday he would
have neglected orders, and il he worked on Sundays
he would have disobeyed them. But where is the
proof that the plaintiff had knowledge Of that
Il is certainly shown that the committee knew of
this Sunday work, and if they had dsapproved of it,
they could have closed the doors; but the work
permitted and the company derived the benefit Of that
work. they bound to pay for work rendered When
it is said that parties should not for Sunday
work idea that the parties who permit the work to
be done are much to blame in religious point Of
view, the workmen. Hazen is fully entitled to
neraton for what he did Under those circumstances and
under the impression that the work was necessary,
shall allow him for ten Sundays, at two dollars day,
producing sum in the whole Of forty four dollars for
which give judgment.
Mr. Coe-Costs for defendants in that case,
Judre-COsts for defendants