R.M. COURT.

Wairarapa Daily Times, Volume VIII, Issue 2481, 20 December 1886, Page 2

R.M. COURT.

MASTERTON.-THIB DAY.

(Before Mr Vos Siurjieu, R,M.)

Turner v Elkins—Claim £44. The follmving judgment was given in this ciso: " Plaintiff claims that owing to defendant's negligence while staying in defendant's inn as a traveller he lost the sum of £44, and seeks to recover the same. The plaintiff is a commercial traveller and states tli.it, in the usual course of 1.1 business, between Napier and Woodville, hp collected on behalf of his employers, between £4O and £SO (the money he mm claims from defendant); that ho placed the money, in notes (17) in a pocket book which he put in the inner breast pocket, of his coat, in which pocket were some other papers. This he did at Woodville. He did not take the pocket book out of 'ns pocket till retiring to bed, in his liednumi in Hie defendant's hotel, Masterton, between,eleven and.twelve o'clock p.m. on tho 11th May, 13$. Ho th'iii Impi? his coat at the foot of the bed goos to sleep, About 3 in the morning lie is awoke by footsteps outside his door which he then sees. is open, He qoca at once to his coat pocket and finds his pocket bonk missing, and lobks round for the supposed thief without success, and then reports to the defendant through his servants. Piiur to this as far as he knows no person is aware of any money being in his possession, and in proof of the negligence under which he claims • states the dofendaut harbored a man of bad reputation named Shine,.and that the bedroom (No 7) in which ho slopt'was not provided with a key and could not bo secured. The defendant and two witnesses swear positively that though thero was no key in the look that there was a snip of thumbbolt attached to the lock and fastened from the inside, which would havo made the door more secure than a key would have done. Also that the man Shine, who slept in the hotel on the night in question was quite unknown to tho defendant and the servants, that Shine arrived late in the evening,- asked for a bed, and that one was supplied to him in the usual .way. Further 1 that almost immediately after the supposed loss the plaintiff informed the defendant (Elkins), John Smart, and John Price Sergoant of Police, that he had not sneu his pocket-book since lie left Woodvillo, but that ho knew ho had it in his posses-' sion bv feeling his pocket, from the outside, That immediately after the auppoaed. loss, and when defendant hurried him off to the police station, to report it and obtain assistance, the plaintiff, in the presence of the defendant and the Sergeant of Police desires the police not to go to the hotel, saying:—"l would not have the people disturbed in the morning will do." Aftor this, tho plaintiff; according to his own statement, quietly goes to bed and does not rise until between Baiid 9 in the morning. The Court is of opinion that it is oppn to doubt if tho money and pocket book were ever in the defendant's hotel, and in consideration of this, and the other cirourn-

stances of the case, records jwfament fop' the defendant. CIVIL, Sergeant Price v G.W. Schroder,Obstruction of thoroughfare with package!, of goads. Sergeant' Price proved the offence, and a tine of 40s was inflicted. ' ■ \V. Neill v Neils Jeffota.—lllegally on premises. Sergeant Price asked that the defendant be dealt lonibntly with,; as lio was a hard-working man,"but' had taken* little drink. Acoußed'ivaj ordered to b# imprisoned for six hoj£V ■ RABBItfIOT, John'Drummbnd v William Falconer* —Breach of Babbit Act, Fo appwtrance of defendant. Mr Drummund Jftplied for a minimum penalty 'to be masted,. Fiued 20s and costs 10s. '• . Same v Donald Camoron—Sameoffence. Fined 20s and costs 7s, minimum penalty. Same v Archibald Martin.— I 'am# offence, As this was the third offend defendant was finod £5 and costs 12s, > morit'i being piven to pay it in. . Basmussen ,V Christiansen—Dsbt £5 10s, Foappearance of defendant. Mr' Beard for,plaintiff provedyiw. dety. Judgment for amount; and TINUI.—FRIDAY, J. W, Baker v Hajidyside, Roberto & Oo,—Debt, £lll6s 3d. 'Mr Bunny for defendant. Judgment for £2 m fid. -Each paity to pay their own costs. ■,