RESIDENT MAGISTRATES' COURTS.

Grey River Argus, Volume III, Issue 176, 28 February 1867, Page 2

RESIDENT MAGISTRATES' COURTS.

, .'" GHEYMOTJTH. - (Before W. H. Revell^Esq,, MM,)' Louis Cane v. Joyce Mirice,-^-01aJnij L 4 5s ; judgment f pj? -plaintiff.' : Jules Gnevin \v London;— Claim;- 19s ; judgment for plaintiff. Jane Blanc v. E. X, Tyler.— Claim, L 2 19s. 2il ; plaintiff nonsuited, as summons should have Ijsen taken out by her husband. ' "■' .: O'Connor and O'Briun v, j. S. Itath.ke.— Claim, Ll9 18s Gd ; judgment for plaintiff. Proprietors of the Gr<>y River Aryifs y. D. Afurison.-^Claim, 1,13 • judgment by default for plaintiffs. " ''.'■ .'■ -. Simon Aaronsou v, J. G, Feslop.r-vClairn, LI 2; judgment for plaintiff by default. I. J, Jones v. Wallace,— Claiuij L 2 13s ; judgment for plaintiff. Jt'UERMOTT V, \JOnSSTON T . Mr Tyler for plaintiff; ami Mr O'LoughUn for defendant.: W ' ; .//. . y This was a claitn for Ll6, boing the amount of a sum of nionoy stolen from the carpQt-bag/ of the plaintiff; the plaintiff beifig then a l()dger in the deforidant's hotel; The.particulars 0^ demand were as follows :— That: the defendant was an innkeeper, a,nd received into his ion the plaintiff as a traveller, and tie plaintiff brought into the said inn as such traveller, a carpet bag containing certain goods of the plaintiff, arid the said goods were there, and until, and at the time of the loss hereinafter nientiouel : M7thin the said inn^ and the plaintiff all that time abided .as a traveller ant I guest at the said inn,- Yet the defaudant did not keep the said goods safejy and withoutloss, but the defendant and his, servants had so negligently conducted them- : selves in that behalf, that the said goods were by and thi ough the <lefaiilt of ; the defendfint and his S-irvtints in that behalf wrongfully taken and carried away by sonic person to the plaintiff unknown, ami are lost to the plaintiff, and the plaintiff claims Ll6. The plaintiff deposed that he was living at the Melbon me hotel, kept by the defendant. I had got an engagement as a compositor. I oame in November last, and slept in a bed'vuoia in which there was a secomlbed; tlierc was no key to the doorr I had my things in the room, a : carpet bas; jcoutaining , some clothes, and a pocket-book in which was Ll2 in money, some forpign coins, value Ll, arid two pieces of gi'eehstoue, vaiue L 3. On ray from myVvvorli ;l found jin y carpet-b«->cr 'on the bed, the spring of which was opeiyaricl, the bag torn. jTlie pockct-bpiik had been opened anil the mo?iey taken out. - I had no servant or companion 'at the iuti. People frequently entere<l niy room during the night. The doer wai without' a key. :. . Crbs :: .exauiiiied by Mr O'Loughlin : :In December last my father-in-law /was at Cobdon. Ig >t eniploj'riicrit (m the Grey JUrer Art/it?, . It was remunerative employment, anl I was riot in want iif money. I cliil riotstate tl;a!i that was all thenionsy 1 liad. Did not refuse on any occasion to pay for- sarsapari!l', I went to partly board and lodge at the hotel. The room I slept \i\ is part of, the hotel. I slept in the hotel p'-oper. f first slept in a cottage near the hotel, but objected to do so. Before the loss of. my things, about a inanth;l;ufore, I remained in it at 'the. request of Mrs Johnston. My trade keeps r me at work late at night, and I did not wa-it to knock up tlie landlord. I get my board for 30s per week. When I liyetl in the cottage at first I paid L 2 10s- pei- weelc, and when I went back to it the price had been reduced to all the lodgers. I'rs^id for a key to the door from the very first/and said I : would open, riiy docir at any tiiric -if wanted for defendant's 'convenience.'.:. I ft'n still staj'ing at Johnston's hotel. I tjxamiiied my money oivthe morning oj the same day itAvas missing.;! 1 onoo told. Mrs Johnston iha:l. missed a L 5 note, but had foiv-ul it again in my rop,n. ;;■. J: ,' .... / ',•"■.■. •'.'.■ .Tames Johiis'tori, i.ihdloi-d o.f tlio Melbonrnp. Hotel, deposed ; On my ratiirn from F<>x's 1 was told that '-plaintiff hid loat: some money from his carpet-bag" I leiicyedatthetiinjthat he: might ha ve lost the moiiev. After the key of the room was lost plaintiff nevm- com plained until after the alleged robbery. 1 charged L 2 10s and L 3 3s for boar I and 1 'dgin^, but lowered the price in November last. ■' ■-. Cross-examined : 1 offered to pay plaintiff L 6, and wrote out a.cheque, but ibwas suggested by Mr Smitli, ■ plaintiff" s f ather-in-lawv that plaintiff never hadlji,l2 to lose, and on this suggestion I tore the cheque up again. ■ Mv O'Longhlin pleadM' in defence: that -tHe; tlefeudant was not accountable fur the loss as an iunkceper, as plaintiff was riot '"a lodger in the house, and that plaintiff did nottiike reasonable -care., of' -his money, aiid oiight to have handed it over to the landlord for safe keeping,- - f He called the following evidence : — Samuel Ffeighwhy, manager for, the defendant : Plaintiff was boarding and lodging at defendant's house, He slept at the; cottage in order that he might get in aj; any time at night, . .It was hia own wish to sleep there. . At first there was no key to it, and he never asked for a key,. He said he had lost. some mqriey 'before. He reported- having lost Ll2" in cash out of his bag The obttage can be Jopked ; inside ; and there was a key .to the bedroom, but ; it was lost. Mr TyleE argued that the .plaintiff wjas a passenger or trjiveller, adobrding to. the Act, and that his client 'had /taken all ordinary precautions to takecare of the,nn[)riey, :i; His Worship deferred his decision until* Thursday niornmg (to-day). " v ; ,-,.'/ ■;.; Wednesday, Pebhuarx 1^:/ v /Petty "L^RGEKy.^Margaret-^^ charged Avith having,s.tolen a.cake, value 6s, the property of Alfred Wiggins. : The offence was proved, and the Magistrate, under \ the new Justice of the Peace Act, entered up a conviction, and discharged the prisoneriwith a caution. - : - : .,;> .' v ■•-.•■ : ;; .-• \ ■ ■_,:.:;...[ ;,.;'_. ■ ; - ; '>;■;;' Obstructixg the TnqßotJGUFAßE.—Kennedy Bros arid James Kissling, m: ra.'er of the Bank of New Zealand, were charged with obstructing t'le thoroughfare. The iirst case was dismissed vwith a' caritiori, and the latter adjourned.' until Saturday, defendant being uivable* through /illness, to attend. Joseph Kilgonr for the same offence was fined 10s yarid ; costs/ 'George Taylor arid David Monroe on a similar charge were cautioned, arid 6rdered to pay the coat of Court. James AfHeckj : charged with throwing rubbish on the thoroughfarej was also . cautioned, and ordered to pay the costs of Court.