Woman's entanglement alleged cause of dispute
Before his Honour Judge Dodd K.C. in the Scarborough County Court today (Tuesday), Florence Medd, domestic servant, Folkton, sued Harland Garbutt, publican, Black Smiths Arms, Cloughton, for £11 wages.
There was a denial of liability and a counter claim for 5. Mr A.M. Coleman was for plaintiff and Mr J Whitfield was for defendant. Mr Coleman stated that plaintiff was engaged in February at 30s a month, the engagement to last until Martinmas. All, went smoothly until the month of July, when there was a little unpleasantness, and on July 7th, defendant ordered her out.
In giving evidence plaintiff said that Mrs Garbutt remarked to another person "That fellow also insulted Flo" The term "That fellow" referred to WITNESS'S YOUNG MAN. She told Mrs Garbutt to speak to her face, not behind her back. Mr Garbutt had said she could go, but he would not pay her any money. She had received 1 5s. – 5s on being hired and 1 since.
By Mr Whitfield: She gave a month's notice to Mrs Garbutt in June, although the engagement was not to terminate until Martinmas. It was not true she said, she would not do any work if not allowed to go and she had not sent a letter to the police constable, and to the North Riding magistrate's clerk at Scarborough, stating that Garbutt had served people after hours. She also denied that she had said she would do them all the harm she could. She would have stayed had not Garbutt put her out.
Christopher Collier spoke, as to plaintiff speaking to him one night for about five minutes, and Mrs Garbutt asked her if she could not find anything to do. Subsequently he heard Garbutt use bad language to her, and state that if she did not get out the next day he would wring her neck. He said he would "shake her neck if he had to pay a tenner for it".
Mr Whitfield: Did you often gossip with her? – No.
Defendant: I often spoke to him
Mr Whitfield: She says she did and you say you did not.
His Honour: We men talk you know, we do not gossip. (Laughter)
Mr Whitfield urged that defendant had a young man some distance away, and she sometimes went to see him. Returning on one occasion, she gave notice. In June she gave notice, and Mrs Garbutt pointed out how inconvenient it would be for her to leave then with the season coming on. She was told to wait until the end of the season, and they would see what could be done for her. She, however, began to be awkward, and left one morning unknown to defendant or his wife on her bicycle, leaving her box behind. They had put in THE COUNTERCLAIM for extra expenses incurred during the season for extra help, owing to plaintiff leaving. That sum, however, did not cover all the expense incurred.
Mrs Garbutt said plaintiff was entangled with a young man, and that was the reason of her being unsettled. She had been awkward. Witness's husband never threatened to put her out, or told her to be out by a certain time.
Harold Garbutt corroborated. He said finally he had had occasion to speak to the girl, but he denied taking her by the shoulder, or threatening to put her out. He told her she deserved a good hiding and it would be worth 10 to do it, but the girl was not alarmed, because she knew he would not allow himself to do it.
His honour said he was sorry in regard to the judgement he would have to give. The law was that a servant had to stay a certain time, and she didn't get any wages if she went before her time, unless they made some arrangement, by which she could get off, or she was turned off by the master, and not allowed to complete the service. In that case the evidence compelled him to believe that the girl meant to go. She discharged herself. The reason, he was sorry, was because she could have nothing, and that meant that the girl had worked some months and got nothing. She had brought it on herself, and he was sorry, but that was the law and he must abide by it. He gave judgement for defendants with costs.
Mr Whitfield withdrew the counter claim.
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Friday 10 February 2012
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