There was also a paragraph in the statement of claim, claiming damages for the publication of the plaintiff’s name in a “black list,” issued by the defendants, and a prayer for an injunction to prevent the continuance and repetition of the acts complained of.
The following facts were proved. The plaintiff was a butcher at Lisburn, in the county of Antrim, about eight miles from Belfast, where he had carried on business for a number of years. He had in his employment one Robert Dickie, his foreman, who had been with him for ten years. The plaintiff had been in the habit of sending large quantities of meat to Andrew Munce, a butcher in Belfast, and had been doing so for some twenty years. There was no contract in writing between them; but, whatever amount the plaintiff sent, Munce took and paid for—the amount being, on an average, of the value of £30 a week.
The defendants John Craig, John Davey, and Joseph Quinn were butchers’ assistants in Belfast; and the defendants, Henry Dornan and Robert Shaw, butchers’ assistants in Lisburn. In the spring of 1895 these defendants and several others in the same occupation formed themselves into an association, which was duly registered under the Trade Union Acts, 1871 and 1876, under the title of “The Belfast Journeymen Butchers’ Assistants’ Association,” of which the defendant Davey became the Secretary. The plaintiff’s men were not members of the association. At the commencement of July, 1895, the defendants’ association required the plaintiff to dismiss Robert Dickie from his employment, which he refused to do. Upon that the defendants’ society threatened to withdraw the plaintiff’s men from his service. A deputation was sent down to meet the plaintiff at Lisburn, and a meeting was held in Magill’s public-house, Lisburn, on the 9th July, at which the defendants Craig, Quinn, Dornan, and Shaw were present—Craig being in the chair. The plaintiff stated that he had come on behalf of his men, and was ready to pay all fines and demands against them, and asked to have them admitted into the society. The defendant Shaw objected, and said that the plaintiff’s men should be punished, and should be put out to walk the streets for twelve months. The plaintiff objected to this, as Dickie was a married man with a family. Shaw moved, and Morgan seconded a resolution that the plaintiff’s assistants should be called out, and it was carried. The defendants stated that they could pick out plenty of men to work for the plaintiff from their list; the plaintiff replied that they were not suitable for his business, and refused to put his own men out. Craig then said that the plaintiff’s meat would be stopped at Munce’s, if the plaintiff would not comply with their wishes. The plaintiff still refused. The defendants then called out some of the plaintiff’s employees. Edward Dickie, a servant of the plaintiff, was brought to a meeting of the defendants’ society, held over Dornan’s shop in Lisburn, and was ordered to leave the plaintiff, the society undertaking to pay him the same wages as he had been receiving from the plaintiff. Dickie, yielding to this order, left the plaintiff without notice. “Black lists” were issued by the society upon which the names of persons were posted who had offended against the society’s rules. Leathem’s name was posted, and also the name of John M’Bride, a flesher in Lisburn, who was dealing with the plaintiff. Subsequently, however, Dornan and others of the defendants came to M’Bride; and on his undertaking not to deal any more with Leathem, his name was struck out.
On the 6th September, 1895, the defendant Davey wrote to the plaintiff the following letter:—
“I have been instructed to write you if you would be kind enough to reply on or before Tuesday, 10th, whether you have made up your mind to continue to employ non-union labour. If you continue as at present, our society will be obliged to adopt extreme measures in your case. Trusting that you will see the wisdom of acceding to our views at once, I remain,” &c.
On the 13th September, Davey wrote to Munce:—
“A deputation has been appointed to wait on you, or your responsible representative, on Monday evening, the 16th inst., at 6.30 p. m., to come to a decision in regard to this case of Leathem & Sons, as we are anxious to have a settlement at once.”
To this Munce replied:—
“In reply to your letter re Leathem & Sons, I cannot see my way to attend any deputation of the sort, as it is quite out of my province to interfere with the liberty of any man. But why refer to me in this matter? I do not think it fair for you to come at me in the matter, seeing it appears to be the Messrs. Leathem that you wish to interfere with.”
On the 16th September a deputation of the defendants’ society went to Munce’s establishment, and had an interview with W. F. Munce, the son of Andrew Munce, and asked him to put pressure on his father to stop dealing with the plaintiff. W. F. Munce replied by letter on the 17th September:—