QUITE A WEIRD CASE.

Dominion, Volume 5, Issue 1257, 12 October 1911, Page 3

QUITE A WEIRD CASE.

IN HOUSE-LETTING. TENANT, AGENT, AND OWNER. (Dr TclceraDh.—Soecial Correspondent.! Auckland, October 11. Some people have curious tenants. This has been vividly brought homo to Mrs. J. Bath, an Auckland house owner, who to-day sued E. 11. Pearson for .£'111) damages allegrd to have been sustained by her through the negligence of tho hitler's family while in occupation, and Die negligence ot' the agents in letting the house without due regard to the instructions of the plaintiff, A firm of laud agents, through whom the house was let, were coupled with defendant. Previous to the case being opened, the magistrate, glancing at the complaining lady, said that possibly he ought not lo sit in the case, as Mrs. Bath had from time to time sent him voluminous correspondence relating to her affairs. Tlio number of documents and letters which he had received had been enormous, and he had not attempted to wado through .them. He had not advised Mrs. Bath in any way, except to tell her to put her affairs in the hands of a solicitor. Mr. Dunlop and Mr. Burton (who appeared for the plaintiff and tho land ag:'iils respectively) intimated that they had no objection to his Worship sitting. The latter solicitor smilingly observed that, as .Mr. Cutlen had also had lei tors of a similar kind, apparently the parties would ha\> some difficulty in getting matters settled. Mrs. Bath Lets Her House. The story of Mr. Dim lop was to Hie effect that' Mrs. Bath, wishing lo leave Auckland for a time, had arranged with a firm of laud agents to let her house at Ellerslio furnished. She had stipulated that, as the furniture in the place was very valuable, only three rooms were to be let, and the three others locked up. In addition, there were to be no children. The lady then went away to New Plymouth, but, a little while'later, rumours . reached her that the tenants obtained iu the meauwhilo were not all that could be desired, and she therefore wrote to the agents. A reply was re: jived from them to the effect that they had made inquiries, and could not find any cause of complaint. "As a matter of fact," s-aid counsel, "a person was occupying the house with his wife, his brother, aud five children, and the place was allowed to get inlo a most filthy condition. JPhc staio of the house was incredible. M hen itrs. Bath returned, this pewon and his family had departed, after paying only one week's rent. .Practically every bit of the furniture was more or less damaged. The floors were disreputable, the fcnecs had been cut down, and used for firewood trees had been hacked down, and the fowlhousc destroyed." How It Looked Afterwards. C. E. Hill, who had met Mrs. Bath on the boat coming from New Plymouth, stated that lie went to inspect tho property iu question, with a view to purchase. "When I got there," said the witness, "tho place was all upside down, aud there were no fences. That was enough for me, and I put the idea of buying out of my mind entirely." Continuing, witness stated that ho had been invited to view the house by the plaintiff, who mentioned that sho thought of burning tho damaged goods. In the drawing-room the piano was scratched and stained, as though wet, dripping ves-. sols hod ]>een laid upon it. Some of the keys failed to emit any sound. The furnjture was dilapidated, and in a very dirty state. Iu the hall the lamp was broken, and, in another room, lie saw two violins, one of which was in pieces. There were parts of a brass statuette lying on the tloor. A fire screen was crushed up, and tho furniture so dirty that Sirs. Bath spread a rug over the couch in order that he might sit down without damaging his clothes. Witness was then taken to the bidrooms. "Whon I put my head inside the door." he 'said, "thero was such an obnoxious smell that I soon cleared out. In the glance I got of (lie place 1 could see that it was exceedingly filthy, aud 1 would not have slept' there for anything." There was other evidence of damage both inside and outside. In the garden, under a tree, was a pile of household refuse. The piaco .was in such a state," concluded witness," "That I told Mrs. Bath that she would havo to spend .£2OO before she askod anyone to look at it. In cross-examination witness stated that he had examined a certain clock and it would certainly not go. Tho defendant Pearson: No! For the reason that it had no inside! It is called a clock caso ou the inventory. (Laughter.) "Chopped It Up for Firewood." .

A witness said that she lived close lo the property in question. She luid given assistance in the houso ou account of Pearson's wife's illness. On one occasion sho saw the brother take (ho division gate down, and chop it up for firewood. Tlio tank stands were destroyed, and sue saw the greater part of the fence taken down. Witness never saw the defendant the worse for drink, but lie had a bad temper when he came into conflict' with his brother, and she saw tho latter end of a "scrap" between the two, but once they started, it was "soon over." They were struggling over a revolver, aud one held the weapon over tho other. "Blank catridges in it, I suppose," said his Worship. Witness: Oh no, I think it had a proper cartridge in it. Another witness, with experience of valuing furniture, gavo evidence as to taking an inventory at the house. lie described tho place as being indescribably dirty, and tho dirt could have been scraped up from the floor with a spade, alterations were made in respect of his original inventory which lessened (he amount claimed by .£23 odd. Oil the application of Mr. Dunlop (ho case was adjourned for a week.