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HOUSE OWNER AND A GENT

AN UNSUCCESSFUL CLAIM,

SOME AMUSING INTERLUDES.

The case in . which 'Mine. Bath sued an Auckland firm ". of land agents/- and H. Pearson,.; an , Ellerflie horse trainer, for £143, in respect. to alleged damage done to plaintiff's property, again occupied the attention of Mr. C. C. Kettle, S.M., in the Magistrate's Court yesterday. Mr. F. G. Dunlop appeared for Mrs. Bath, and Mr. E. W. Burton for the land agents. Pearson conducted his own case.

■ Pears/Mi, called. as a witness asainst the land agents, said that at the time he rented Mrs. Bath's house- he was a licensed horse trainer. His income would average about. £3 per week. 'It" was correct that he had been in five houses in two years, and had left rent unpaid in all but one. He admitted being fined £10 in the Police Court for witnessing a signature that was not a true one. Whilst living at Wellsford he was fined £1 for stealing a ham. To Mr. Kettle : He was not fed properly at the time, and was glad of a bit of extra food.

Mr. Dunlop : Did not the owner of '.one of the horses you. were training take it away because of your treatment of it? Pearson (indignantly) : No, Mr. Dunlop, he did not. He took it away because he did ': not consider you competent to ride it. . (Laughter.) What is more, he said ho could not find a gentleman rider competent to ride it.

Mr. Dunlop proceeded to explain that Pearson was training two horses, Alma Rose and one owned by Mr. Dunlop. "Alma Rose kicked him," said Mr. Dunlop, "and ' he obtained money from me. Subsequently I found out that he had also charged the Racingi Club for the same kick;" :' : -',".-.. - \•;

Pearson heatedly denied this. , Cross-examined by Mr. Burton, Pearson said that when he "went into Mrs. Bath's house it was very, dirty. The agent* questioned him very closely when he applied to rent the house. . ; To Mr. Kettle : His brother broke some of the fencing, and also buret one of the locked doors open, by accident when playing with the children. Two employees of the .firm of land agents who let the house, said the place was .very dirty when Pearson took it. • A member of the firm of estate agents said they" had no instructions not to let the house to anybody with children. He considered Pearson a suitable tenant for the class of ' house. If it had been his house, he certainly would have let it to Pearson. . Thomas , Moylan, stated that before Mrs. Bath left for New Plymouth she called him in to nail .up some windows. The house was clean, . and the furniture in good order.- * . ' -' Pearson : When you came to dinner one day, S was' the place • clean ? ■ { Witness : Yes. ' ' • •Peareon': Did not Mrs. Bath say that the King and Queen of Tonga-were, coming to- dinner with her one day '! (Laugh--4— \

ter.j ■ . - . ■'~ Witness : Yes ; v but I never saw them come. (Laughter.) ' Mrs. Pearson said when they ; went into the house it' was filthy. All the food had to be kept in tins; because of : the . rats. When she left the place was clean. - " • At.this stage Mrs. Bath returned to ; the Court, and Mr. Kettle was proceeding to ask her further questions. She interrupted by indignantly ~ remarking, "Mr. Kettle,- the first day I came into the Court you insulted me, and now you call me a liar." ■ *,"■■■'.. ■ "-. -' ' ' _'; ■; Mr. Kettle, (soothingly) : No, no, no; don't say that. Ido not say anything of; the kind. . In giving judgment for the defendant land agents, Hi? Worship said he had no doubt that a jutv could not possibly find the agents guilty of negligence; He was satisfied that the agents had , not received, any specific instruct riot to let ' the house to a man with children. With regard ' to" Pearson, there was no evidence that he was a man of ill-repute. Certain, things about him - had come out in I Court, but' the agents could riot possibly 'have known this without employing a private detective, . neither ■ could they { know ; that Pearson was going to be ill. Judgment as regards defendant Pearson would bo held over sine die. / ,

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/NZH19111019.2.112

Bibliographic details

HOUSE OWNER AND A GENT, New Zealand Herald, Volume XLVIII, Issue 14815, 19 October 1911

Word Count
703

HOUSE OWNER AND A GENT New Zealand Herald, Volume XLVIII, Issue 14815, 19 October 1911

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