RESIDENT MAGISTRATE'S COURT. CLYDE.

Dunstan Times, Issue 834, 12 April 1878, Page 3

RESIDENT MAGISTRATE'S COURT. CLYDE.

0 Thursday, April 11, 1878. (Before W. L. Simpson, Esq., R.M.) T. Sims v. Thomas Hawthorne. Claim —LI2. Me F. J. Wilson, who appeared for defendant, pleaded a general denial. The plaintiff being sworn, said : On the night of the 13th of Maich last I slept in defendant’s hotel, also on the night of the 14th. It was about midnight when 1 went to the hotel on the 14th. I went into the porlor, where Mr Hawthorne and a Mr Charnoek were sitting. I called for drinks, just then a stranger came in and asked for accommodation for the night. He said he was a carpenter from the Teviot. Ho had a drink with ns, X tendered Mr Hawthorne a L 5 note in payment for the drinks, and told him to take - out also my expenses of the night before and for my bed that night and breakfast the following morning. He took the note in his hand and after looking at it said he could not change it and that it would do in the morning.' I put back the note in my purse, in which was another Lo note. We had another drink at the expense of the stranger, who then went to bed, saying lie had to got up early in the morning. After this Mr Hawthorne, Mr Charnoek, and myself had two more drinks, then Mr Charnoek went home, Mr Hawthorne going out with him. I went outside to the front of tho hotel. Mr Hawthorne returning said we bad better go .to bed, and saw me to my room. I was unwell shortly after going to bed. I slept very sound during the night, and a most unusual thing with me, did not awake till nine o’clock in the morning. Before going to bed I put my trousers under the pillow. In the morning immediately on handling my trousers I missed the purse. I went and told tho landlord and afterwards wont and gave information to the police. I have since enquired of the police, and they informed me that they had gone after the stranger and finding him to be a respectable man they had not questioned him, and that they had no hopes of recovering the money or the pocket-book. I then instituted these proceedings. By Mr Wilson :—1 had been the whole of the evening going round the town talking with various people. I was in several of the Hotels. I did not drink any spirits or beer, only ginger wine, and port and sherry. The browsers were under t.hs piF low in the morning, and immediately on faking them to put on I missed the purse.

The last time I know I bad the purse was when Mr Hawthorne returned me the L 5, and 1 replaced it in the purse. By the Bench : —1 cannot positively say the purse wgs in my pocket w hen 1 went to bed, but I feel assured it was. Mr Charnock and Mr Hawthorn also gave evidence. His .Worship said the case was evidently brought on the assumption that an Hotel Keeper is liable and responsible for all monies and properties in the possession of his lodgers ; on the point there was plenty of room for argument, and he did not purpose going into it. Before he would saddle the responsibility on an hotel-keeper there would have to be direct evidence the property was lost in the hotel, but when the door was epen in. the slightest degree to the suspicion that it could have been lost elsewhere he did not think it would he right, I question,- however, the responsibility of hotel-kcepers for any treasure ho was not directly informed of, and asked to protect. —he ryould dismiss the case.