The Nelson Evening Mail. TUESDAY, JULY 14, 1868. SUPREME COURT.

Nelson Evening Mail, Volume III, Issue 164, 14 July 1868, Page 2

The Nelson Evening Mail. TUESDAY, JULY 14, 1868. SUPREME COURT.

CIVIL SITTINGS. (Before his Honor Mr Justice Richmond.) Monday, July 13. Trimble v. the New Zealand Insurance Company, (Continued.) T. Field, examined by Mr Pitt, stated that he •was a brewer, resident in Nelson, and landlord of the Masonic Hotel. The plaintiff paid him £700 cash for Taylor's interest in the house. Could not say what stock there was on the premises when plaintiff took possession. Remembered meeting Mr Curtis in Mr Mabin's office, with the plaintiff, about 10 or 12 days after the fire, and after plaintiff had sworn to his statement before the notary public, Mr Curtis expressed himself as being perfectly satisfied. Cross-examined by Dr Combe: Plaintiff made oath as to the correctness of his statement, and I understood Mr Curtis to express his perfect satisfaction with the statement made by plaintiff. Witness had been paid for all the beer lost at the fire. Charlotte Steel, examined by Mr Connolly, stated that she had been housemaid at the Masonic Hotel under Messrs Newman, Taylor, and Trimble, and also to the plaintiff's at Westport. With the exception of the billiard table and fittings, did not kuow that any articles had been removed by plaintiff to Westport, who had made additions to the furniture when he took possession of the house. Cross-examined by Dr. Combe : Carpets for the bedrooms, several stretchers, and oilcloth were bought by plaintiff. Kerosine was used to clean the bedsteads from vermin, and, except so much as was necessary for this purpose, was kept in the bar. There was a good deal of cutlery in the house, bought by plaintiff from Taylor, the former tenant. None of this was removed to Westport. Stephen Taylor, examined, said he had been at the hotel about six weeks, under the 'plaintiff, when tbe fire took place, the '.details of , which, with Jwhich our readers are already familiar, he recounted. He saved all he couid from the bar and store-room, including everything except the cordials, wines, &c. Five full hogsheads of* ale in the cellar were destroyed. Some of the spirits were saved, and the greater part of the furniture on the ground floor. Nothing was saved from upstairs. Before the fire, the house was doing a good bar business, as much as from £25 to £30 a week. Since the fire it has fallen off, and now as little as lis. to £1 a day was taken there. Since the Ist instant the bar has been shut up. Cross-examined by Dr Combe: — From £10 to £20 worth of stock was destroyed in the store room, and about £30 worth of beer, which he valued at £6 a hogshead. Altogether the loss in spirits and liquors was from £50 to £60. When the stock was low, he replenished it in small quantities, and once got five gallons of brown brandy when the stock was low of that spirit. M'Guire was lodging in the house at the time of the fire. He never, paid witness anything for his board. Some goods were brought from Mr H. Davis about the 2nd of October, which were brought to the Masonic Hotel and were not, as far as he knew, sent to Westport. They were worth about £100. Linton Ward, a butcher, who was staying at the hotel at the time of the fire, deposed to his having left the house at about half-past 6, or a quarter to 7 o'clock, on that evening. When he reached the Institute, he heard a cry of fire,' and turned back. He went up stairs but could not enter his room for the smoke. The Court then adjourned^until 10 o'clock this morning. Tuesday, July 14. Auguste Hardi, being sworn, said that he was cook in the hotel at the time, and recapitulated the evidence given by him as to the circumstances ofthe fire at the inquiry which took place both before the Coronor and the Resident {Magistrate. On being cross-examined by Dr Combe as to whether he remembered any conversation between himself and M'Guire relative to the fire, on the same evening, his memory failed him, and the depositions taken at the Resident Magistrate's Court having been produced and read, he said that he remembered M'Guire saying that the witness and Taylor ' might get four years for this fire.' He had left the plaintiff's service. Mary Wilson, examined by Mr Connolly, said _he was mother of the plaintiff's wife, and had charge of the hotel during their absence at Westport. She occupied their room on the ground floor, and first heard the alarm of fire, about 8 o'clock, from Stephen Taylor. She then ran out into the street, and noticed the flame on the roof. Had not been upstairs that day, since the middle of the day. Remembered the dark room at the head of the stairs, in which the fire was supposed to have originated, and which had not been occupied since a sick man had lain there, about a month previous. Had been charged with having caused the fire, was taken into custody, and brought up before the Resident Magistrate. Was in the house ' on and off' all the time the plaintiff was tenant of the hotel. With the exception of the billiard table and clock, no furniture had been removed from the house. Cross-examined by Dr Comhe: Mrs Fox's daughter had lefc the house with her permission about 8 o'clock, but witness did not tell her to go out. Remembered the arrival of the new furniture, and did not know what became of the old bedsteads. Was down stairs when the fire broke out,

but did nothing to put it oufc. Did not know whether the cutlery was saved. Did not save any of her own things. All the linen bad been returned from the wash, and there was no opportunity of sending her things away. William Henry M'Guire, examined by Mr Kingdon, said he had been staying atthe Masonic liotei for some time previous to the fire. He went out after tea, and returned. Had not gone upstairs since the morning. Went to the Wakatu biiiiardroom to meet friends, and not finding them was leaving the honse, •when he heard the alarm of fire. On reaching the Masonic saw the smoke issuing from the roof, and tried to get upstairs to save his things, but found it impossible. Knew the dark rooin, with a skylight in it. The door was always open. Believed he saw two or three people on the stairs, but in the hurry could not notice who they were. Afterwards • assisted in saving things. A man named Ward, a butcher, and himself were the only lodgers at the time. ■ No one slept in the dark room. Has not the slightest idea how the fire originated. His lodging was paid by his brother, an arrangement having been made to that effect with the plaintiff. Did not remember the nnmber of the room he occupied, but it was the first room on the lefthand side going down the passage. Cross-examined by Mr Conolly: His brother was Gaoler at Westport, and is in Nelson now, David Moore, examined by Mr Conolly, said he was an auctioneer in Nelson, and was shown by' Taylor the stock and furniture saved from the fire shortly after it occurred. The valuation produced was that made by him on that occasion, and wliich he considered to be a fair valuation. He also valued a quantity of wine and spirits, the valuation of which was produced, aod amounted to £78 Bs. Td. Tiie articles were very oid aud woru. Cross-examined by Dr Combe : A separate list was made of those articles which were damaged by the fire and by removal consequent on the fire. By his Honor : It would be very difficult to say what would be the percentage on the wear and tear of furniture in an hotel, which would, of course depend upon its original quality. ,By Dr Combe : Only those articles were valued wliich were injured. £2 19s. 6d. was the amount of damage done by removal. £10 14s. that of damage done by fire to property. The remainder of the property saved was not damaged by the fire. By Mr Conolly : The furniture at the time of the second examination on Friday last, was in the same condition as when valued in the first instance. • Thp examination of this witness concluded the case for the plaintiff. Dr Combe then addressed the jury for the defendants in a speech extending over an hour in duration, and the Court adjourned at a quarter past 1 until a quarter to 2 o'clock.