DISTRICT COURT, CHRISTCHURCH.

Akaroa Mail and Banks Peninsula Advertiser, Volume VI, Issue 574, 13 January 1882, Page 2

DISTRICT COURT, CHRISTCHURCH.

January 10,1882,

(Before His Honor Judge Ward.)

The following ease, which appears to us to have great interest, to the Peninsula public, was heard at the above Court. breitmeyer v. Williams. Claim £163 IDs Gd, for board and lodging and goods. M*- Martin for the plaintiff, and Mr Button for the defendant. George Breitmeyer, the plaintiff, deposed that he was a grazier, residing on Bank's Peninsula. In March, 1880, he remembered seeing his father, John Breitmeyer, on the occasion of his signing some deeds conveying properties which did not belong to him. [Mr Button said he would admit that John Breitmeyer was at the time suffering from softening of the brain through old age, and was incapable of taking caro of himself.] Sometime after this witness took charge of his father, and kept him at his house until he died in 1881. The things set out in the particulars of claim were supplied by witness to his father from time to time as ho required them. They were necessaries. He also paid certain bills on account of his father. In taking these steps he acted under legal advice. It required one person to be constantly in attendance on his father, who was childish. Cross-examined—His father was married, and at the time witness took him away was living with his wife. She wanted him to go. Told her that he would have to go either into the Lunatic Asylum or Old Men's Home if witness did not take care of him. Before this he was on very good terms with his father, and was not accustomed to treat him disrespectfully, nor to irritate or offend him by calling him nicknames. His home at the time was not too comfortable. Tbere were many other relations besides witness. A meeting of the relations was held, at which an agreement was come to that the property should be sold, in order to raise an annuity for his father. Did not stop the sale of the property and give the defendant notice that he would hold him responsible if he carried out the arrangement. Shorty after taking care of his father did not ransack the house in search of title deeds. Obtained them from Mr Nalder. He v took possession of part ot the furniture. Refused to give the deeds to the executor.' His father's second marriage took place twenty-seven years ago. When he took his father he arranged that he should be accompanied by his wife. Did not give her any notice that he would make a chargs. She did not stay long, and left because she could not be bothered with witness's father, aud not through any unkind treatment from witness. His father never tried to go home to his wife ; he always wanted to go home lo Germany. He was always running away in different directions. On one occasion when he went home his wife was anxious to keep him, but witness would not let him stay, because he was told by the police sergeant that he was responsible for his custody. Let eight acres of land belonging to his father to a man named Motley. Received no rent for if. Soli several things for which he he.' ,-uve:

cedit. Mr Williams, the defendant, am Ur Paw-on were each married to a siste <>r' w tues-* and lived in the neighborhood D d not consult them about taking cdre o: his fattier. None of his relations excep hi* mother-in law tried to get his fathei -back to his own house. Expected hii father's death two or three days before ii •occuri-'d. Did not send a message to hif _, lather's wife that he was dying. She lived about a mile away. Sent the butcher to say he was dead. On his father's last birthday, about six months before he died, his wife came to.bring him -.'Oine presents, and witness forbade her to see him, He did this because on a previous occasion sho had "used improper 'language. .. . Jacob Waeckerle, a settler residi g at Akaroa. deposed that he knew the late jff John Breitmeyer. Only saw him once 0 during the time he was at George BreitX meyer's. Thought 30s would be a very X'" moderate charge for taking care of John Breitmeyer. Cross-examined. Had been a hotelkeeper, and would not have boarded the deceased for 40s a week. Could not say <k what a man's wife would charge forkeep- ! ing him. "* Thomas Mould, butcher and dairy farmer, residing at Akaroa, deposed that he knew the late John Breitmeyer, and •used often to see him at George Broit- „ meyer's. Saw him on the day he died. Would consider £2 a week a fair charge for keeping him. Adele Harrington deposed that she was a daughter of the late John Breitmeyer. lie was staying at George Breitmeyer's fiom March to July. Cross-examined—Mrs Breitmeyer went to Akaroa to see if sho could get her husband back. She took witness with her to speak for her, as she said she was afraid her heart would he too full. This was the case for the plaintiff. Catherine Breitmeyer, widow of the late ■John Breitmeyer, deposed that her husband before he was taken away was failing in his mind through old age, but was in no way violent. His home was comfortable. Allowed him to go away because the plaintiff told witness that Mr Aylmer bad given an order to remove him to the Asylum. Would not have allowed him to go but for that. Mr Williams and other *_ relatives had promised to assist her in ■keeping her husband. They had assisted her but had never charged for it. Went with her husband, but did not stay long •because there was a noise, It was not A true that she left because her husband was too much trouble to her. Had never thought him too much trouble. George Breitmeyer did not say anything about ■charging when he took her husband. Witness went for her husband once and ■brought him home for two days, when he was taken away by George Breirmeyer. He got away again subsequently when the ** plaintiff and his butcher came and took ■him away again. He was not willing to go. Took some cake and apples to her husband on his birthday, but was refused admission to him. Did not give any cause to George Breitmeyer or his family ,-. which would induce them to refuso her to let her see him, Did see him on that day At the door, but was only able to shake hands and say *' Good bye," and that was the last time she saw him. Her house was " about a quarter of an hour's walk from . George Breitmeyer's. Tha first message m -she received of her husband's death was from the butcher, who came and called out from outside, " The old man's dead." She made application to Mr Aylmer to get j her husband back. The plaintiff scarcely <v , ever came near the house before his father became of unsound mind. He did r\>\ always behave po'itely to his father, and sometimes called him " snob." Cross-examined — Her husband was ■seventy-seven years of age when George Breitmeyer took care of him. Witness was sixty-seven years of age. With the assistance of friends she could have continued to take care of her husband, who was able to wash and dress himself. He only wandered away to Akaroa twice. William Pawson, of Duvauchelle's By, deposed that he was a son-in-law of the jr lat'3 John Breitmeyer. In his opinion there was no occasion for his being taken away from his wife, and witness went and tried to get him returned to Mrs Breitmeyer. The plaintiff was not on very - good tbrms with his father, and was not very respectful to him. Mrs Breitmeyer was very kind to her husband, and took care of him as well as she could. Frederick Walter Williams deposed that lie was executor under the late John Breitmeyer's will. George Breitmeyer and his father were not on friendly terms when the latter was in good health. Used to -see John Breitmeyer frequently. Did not think there was any necessity for taking him away from his wife. He was never violent, but used to play with witness's children. He was feeble in mind and *> body. Mr and Mrs Breitmeyer were in comfortable circumstances, and witness always took care that they wanted nothing. It was certainly not necessary that the plaintiff should take his father away, and A his doing so was against the wish of witness and the other friends of deceased. Mr Breitmeyer's will left the property equally between the five children. Witness was prepared to provide any assistance to enable John Breitmeyer to remain with his wife. This concluded the evidence. Mr Martin addressed the Court for the plaintiff. His Honor gave judgment for the ____. defendant with costs.