CLERK OR MANAGER. CLAIM AGAINST A CHINESE FIRM.

FONG LANG'S EVIDENCE. JUDGMENT DEFERRED. The action was continued in the Nisi Prius Court, before Mr. Commissioner Roe, yesterday, in which Harold Stewart, accountant, claimed damages from Fong Lang, trading as Wing On Woo and Co., merchants, Geraldton, for arrears of salary as manager and wrongful dismissal. Mr. R. S. Haynes, K.C., with him Mr. Wilson, appeared for the plaintiff and Mr. S. Burt, K.C., with him Mr. W. M. Purkiss, for the defendant. 'The defendant, Fong Lang, stated in evidence that he had not engaged the plaintiff, in the first instance, to be permanently his accountant. The plaintiff was recommended to him for the office, and he gave him five pounds per week salary out of consideration for the fact that the engagement was only temporary, and partly out of charity, because the time of the engagement was so short. The plaintiff was given part of the firm's buying to do at first, and some of the correspondence. Subsequently the plaintiff asked for a loan of £100 to get a house. Witness agreed to lend the money, but the plaintiff made out the cheque for £150, which he signed, rather than burden his memory further with the matter. He never agreed to appoint the plaintiff his manager, and was greatly astonished when the plaintiff submitted to him a claim for back wages at the rate of £12 10s. per week. Witness then said, "You have been getting £5 per week " what more do you want ?" The plaintiff replied that he had been acting as manager of the business. Mr. Burt: And what did you reply? -Witness (vehemently): I said to him, "No. nothing of the sort . If you were manager, that would be a different thing: but you are not manager.". I said that very strong. (Laughter.) Very strongly ?-Oh, yes. I was pretty "wild" at the time, no doubt. (Laughter) But he did some private business for you. For which you were prepared to make "an allowance?--Yes; law suit, etc. (Laughter.) You had considerable legal business on hand at that time?--Oh, yes (ruefully); up to my neck:. (loud laughter.) Cross-examined by Mr. Haynes, witness said he had known and given work to the plaintiff before finally engaging him for the office. Mr. Haynes: Why did you not, when engaging the plaintiff, say to him. "You are slow and inefficient ?"-Why should I Well. you said afterwards that you found him to be so. !That was rather contradictory . Did you tell the plaintiff that your health was bad, and that after 11 years hard work you were resolved to take a holiday, and would require a manager and you thought that he would fill the position? I said if I went to China I might need a manager. Did not the plaintiff then ask you to appoint Mr. Carson, who was in the office, to the place '?-- I do not remember. Witness, continuing, denied that he ever discussed the advisableness of submitting the dispute to arbitration nor was a suggestiion to do so ever made. Counsel addressed the court on question of damages, and judgment was deferred. Tuesday 1 November 1904 The West Australian (Perth, WA