History of Dover

William James Terry of Strond Street, a painter, was summoned for refusing to employ one of his apprentices William Henry Barwick. The complainant said I am an apprentice of the defendants having been bound to him for five years from the 15th July 1857. Last Wednesday I was at work at Mr. Lukey’s in Bench Street. I went to work at half past six o’clock in the morning. It was then dark and there were no candles to work with. Some of the men were employed in mixing paint. I went the next morning at ten minutes to 7 and said that my master had been there before me and had left word that I was not to get to work before breakfast. I did not pay attention to what they said but did my work as usual. After breakfast I went to the shop and I there saw Mr. Terry who told me to go home.

The defendant in reply to the complaint said that the complainant was very troublesome and insubordinate keeping indifferent time and refusing to do certain descriptions of work to which he was set. He denied refusing to employ him. On Thursday morning after breakfast when he had occasion to reprove the complainant for being late, and he could prove by some of his men that it was quarter past seven when the complainant came to work and not ten minutes to seven as he had stated he told him to “go on.” He thought he had gone to the job in progress at Mr. Lukey’s and was surprised to learn some time afterwards that he had not made his appearance there. He had a great deal of trouble with the complainant for being late and was desirous of cancelling the indenture if the Bench thought fit to make such an order. The magistrates dismissed the case it appearing that the complainant had not applied for employment and that the defendant could not could not therefore be said to have refused to employ him. As to the canceling of the indenture, the magistrate would only be able to do this upon a charge of insubordination against the complainant being sustained by Mr. Terry. (1859)