The morning times., 1897-01-20
MIR. MACKALL'S C0ACHMAN
His Suit for Arrears of Wages Tried
in a Justices Court.
Some sharp Passages of Words Be-
tween the Defendant and Com
sci for the Plaintiff.

his former cOachrnan, was heard III MagIS-
trate Taylor's court. yesterday morning.
Matthews, il will be remembered, claims
that there is due him from his former EN-
pIoyer, the sum OF $24. which he has been
unable to collect.
The case came up before Judge Taylor
first on the 9Th of this month, but was
continued until yesterday upon the request
OF the defendant. Mackail appeared in
his own behalf, while Matthews was repre-
sented by Attorney Flora. When the hear
ing was begun Attorney Flora made
motion to render Judgment for the defend
ant on the ground that the affidavit IN
rebUttal was too general and did not state
in detail the line of defense. 1t was over
ruled.
Matthews was then called and testified
that he had entered into Mr.. Mackall's
service On November I , for a term OF one
month, under contract to receive $50, with
room and board. These latter were TO be
secured by the plaintiff and the defendant
agreed to defray the expense. Matthews
further testified that he had worked for
Nj MackaIl a fun month, and during that
time had incurred an expense of S1S for
board and room. MI. Mackall had paid
him $25 on account, but when he asked
for the balance due him, he received only
curses and abuse Finding that he could
not collect the money he decided TO leave.
Upon crcss-examination by Mr.. Mackall,
Matthews continued firm in his testimony.
During the questioning Attorney Flora
raisedap objection at which the defendant
rose aud said; Il don't propose TO be in
terrupted like this by this shySter. III
settle with him outside
This brought Mr.. Flora to his feet, with
the words, II " ont stand being bulldozed
by this man
Mr.. Mackall, with blazing eyes. then
exclaimed: You don't have to stand 1t;
Wen settle this matter right here"
Everybody was on his feet in an instant
to prevent what Looked like an inevitable
encounter, but the opponents cOntented
themselves with elaring at one another
for about moment and then sat down
Mr.. Mackali then started - To fasten on
Matthews number OF charges To offset
theclaim for DANA ges. Among other things
he questioned the witness as to borrow
ing, without returning, a silk handker-
chief of the defeud udant's, valued at z > cnets.
When Matthews denied TINS, the cross
examiner said. II can't get any truth
out of this witness. He has already per
jured himself six times. / have nothing
more to ask the witness until take the
matter to the criminal court
Mr. Mackan then testified in his own
behalf. He claimed that one clause of the
| contract had been that the plaintiff should
not become Intoxicated, as he had done
| on former occasions when in the defend
| ants employ. This agreement had been
| violated several times. Besides this he
| had bought the plaintiff q fine suit of
| livery and had gone TO other extra eX-
pense. all of which was dead loss when
| Matthews left him.
| The contract had been permanent one
| and not limited to oae month Therefore,
when the plaintiff left his employment
| without notice he was not entitled % l
! cent OF wages. Mr.. Mackal further testf
| fled to numerous injuries to his carriages
and harness incurred through the coach
! mans careIessneSs and intempeTance.
There was a tilt between the defendant
| and the attorney for the plaintiff when
the latter undertook the cross -exanina-
| tion.
| what is your business?'' asked the law
| yer.
Mr. MackaIl-None. Don't you know
am ucn of property?
| Mr. Flora-No, sir; / never heard of Sou
before.
Mr Mackall-And I never dreamed that
| sucn q being as you existed on the face
OF the earth.
The attorney next asked if Mr. MackaIl
| had rot agreed to pay Matthews $40
| MONTH To which the witness answered
"Yes, shyster, yes
When Judge Taylor objected to this form
of answer Mr. MackaIl rejolnei There is
lots OF law and not enough justice in this
land. These shy sters VIII be cleared
out some day, and lots OF them win be
hung"
Atarother point in the ecross-examinatior
Mr.. Mackalrs soto voice said. ''Oh. these
varmints Oh, these mosquitoes"
Again when the dialogue became heated
Mr.. Mackall warned the attorney: BE
careful what you say. ! have paid fines
for men of less Importance than YOU"
"Be careful. Mr.. Mackan.'' here in
terposed his honor, "or you may have to
pay fine here
What is the fine?" was the excited
answer. III pay it now
Concerning the question as to the break
ing of the contract by Matthews, Attorne.
Flora asked: Didn't your servant have {
right to leave when you cursed and reviled
him.
mo not when he was drunk
Then you have right to curse hiTn?''
'Yes, and I'll curse you
| This concluded Mr.. Mackall's testimony
| and witnesses for the defense Were called
who testified to the damage done Mr.
Mackall's property. Owing, however, q
the absence of a. r. Walter, one of the
important witnesses for the defense, tn,
case was continued until noon today.
| Mr.. MackaH declares that il the decision
is against him he will carry the matte
through all the courts before he will sub
NIT.
| s--
BY the Ada ms Freeman.