December 3, 1883
To Be Sold by Public Auction, On MONDAY, the 31 Dec, at 12 o’clock, AT THE OFFICE OF THE SUBSCRIBERS, ALL THE Right, Title and Interest of Geo. Benson, late of Random Sound, Trinity Bay, fisherman, deceased, in and to all that parcel of LAND, situated at Random Sound, held under Grant from the Grown.
By order of Newman Frost and Rachel Frost, administrator and administratrix of said Geo. Benson.
For further particulars apply to BOWN & WOODS, Auctioneers
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December 12, 1883
SUPREME COURT. Eli Martin vs. The Railway Company.
This is a suit for the recovery of the value of 1,500 sleepers, at 25 cents, each, cut for and tendered to the defendant Company. Mr. McNeily, Q.C., presented the case for plaintiff, stating that Martin, acting under a verbal contract with the Company’s Agent—Sir A. Shea—cut, trimmed, and placed in the place of deposit in Random Sound, at the disposal of the defendants or their agents, the quantity of sleepers named. As they were not taken by the Company, plaintiff brought them to St. John’s in his craft, and made tender of them to the defendants; but the latter could not accept them. Sir A. Shea, the then Agent of the Railway Company, was called by Mr. Kent, and deposed that he had entered into no contract with Eli Martin, of Random Sound, Trinity Bay, to cut one thousand five hundred sleepers. If there were a contract it would be in writing. Cross-examined by Mr. McNeily, Q. G.—He (witness) doesn’t think that he ever made representations to the man about supplying sleepers. The tender for the contract (not the tender of sleepers) may have been made in the presence of Sir William Whiteway. We had conversations about sleepers with a great many of such people. I told nobody to go on without a written contract. I made no representations which were subsequently to take the form of a written contract. I don’t remember that the contract was torn up in the presence of Sir William Whiteway. I don’t think it all likely that I made such representations as would induce the man to cut sleepers. The Chief Justice also in this case took time to consider. In both cases Messrs. McNeily & McNeily for plaintiffs; Mr. Kent, Q.C., for defendant Company.
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December 15, 1883
SUPREME COURT. Eli Martin vs. The Railway Co. —♦ (Before the Honorable Sir F. B. T. Cakteb, Chief Justice.)
The evidence of Mr. John Steer, and the closing observations of counsel in the above case, were heard to-day.
Mr. Steer deposed—That Sir A. Shea asserted that he was ready to take the sleepers, and would send to Random for them. But he afterwards advised me to have them left on the bank at Shoal Harbour, and that they would take them from there. He (witness) knows nothing of the contract and wasn’t present when it was made. Martin was dissatisfied and spoke about throwing up the contract; but Mr. Shea told him to “Go on, go on.” Mr. Shea’s statements to him (witness) were in confirmation of the contract, not in rejection of it.
On being cross-examined by Mr. Kent, witness stated :—Mr. Shea never said to me, ” Go on, go on, and out the sleepers.” They were placed on the bank, and were afterwards brought on to St. John’s, but I can’t say what time. He (Martin; brought them back to Shoal Harbor after they were rejected. He (Martin) lives in Heart’s Ease, Random Island.
To the Court—lt was after the 10th of April, 1882, that I wrote the letter to Eli Martin respecting Mr. Shea’s direction, to take the sleepers from their place on the bank; but witness could not fix the time (whether spring or fall) that they were brought on here. He (witness) had no communication with Mr. Shea after the sleepers were brought on. Witness could not positively say whether the sleepers were ever in Shoal Harbor or not. He doesn’t remember whether s demand was ever made by himself (witness) on Mr. Shea for the amount.
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Transcribed by Wanda Garrett and Lester Green, March 2021
These transcriptions may contain human errors. As always, confirm these as you would any other source material.