THE STAR HOTEL.

Wairarapa Daily Times, Volume XIII, Issue 4178, 29 July 1892, Page 3

THE STAR HOTEL.

Boniface Past and Present] In the Miißterton B M. Court this (Friday) morning, beforo Colonel Hobertn, R.M., a case was heard in which Edward J. Searl, ex-licensee of, the Star Hotel, claimed from the present licensee, Julius 0, Eastwood, 4 tho sum of £l2 2s lor board and lodgMr Pownall appeared for tho plaintiff and Mr Bunny for the defendant, Mr Pownall asked the permission of the Court to Hive evidence himself, as the whole gist of the case rpsted upon a conversation which took place in his office. He felt that tho position ■ was not a pleasant one, but in giving evidence he vrould do ao with his client out of Court. Tho Benob said it would leave it with Mr Pownall to deoide whether he gave evidence or not. Mr Bunny stated that there'waa an English case which prohibited counsel from giving evidence. Ho subriiitted that it was highly improper. Chnrk-a Ayltner Pownall_ deposed that tho two parließ to this action wore in bis office on or about the l'.ltli of June, arraneing for tho sale of the interest in tho Star Hotel to Mr Eastwood, After some disoussion Mr Eastwood refused to complete the Bale until the license had bean granted &v the Committee. He remarked that awkward for him and his servants, not being able to take possession at once. Mr Seavl stated," Üb, you can stay with us, I can put you up I'' Eastwood laughingly replied, " I suppose you are not going to do that for nothing." Bearl answored in the negative, saying, " I can't say that," There was no arrangement made about board. By Mr Bunny: He was acting for both parties whon the interview took place, He did net consider the statements made at tho interview regarding board were privileged. He deduoted from the remarks of Mr Searl at the interview that tho defendant was not going to be put up at the hotel for nothing. Tho whole of the purchase monoy might have been paid over to the defeodant'ssoltoitor at the time of the interview, At any rate, Searl had not got the money. The purchase money (£000) was paid over to Searl through witness, but not until after theinterview. Jldward J. Searl, sworn, deposed; ftrHß formerly licensfo ot the Star ( Hotel. lam suing the defendant for the sum of £l2 2s for board and lodging for himself, wife aud two servants. The rates chargod are j reasonable, and the amount claimed is due to me by tho defendant. I havo rendered the "account to Mr , Eastwood. Sinco then 1 have bad a , conservation with the defendant and , lie said he would hare to square the j account, In a conservation in Mr ] Pownall's office yesterday the defen- , dunt offered to pay for his servants, , I remember tbo interview with the ( defendant before the Licensing , (jommittea meeting. He said that il ( I allowed him to stay in the hotel , lie supposed he would have to pay ] for hie board. I would not agree to { the defendant taking possession of , the hotel until he gave me some | Recurity. When the defendant said he supposed he would have to pay , for board, I replied, "Y<s, certainly. 1 ' | I never offered to beard him fur ' nothing. , Bunny; Dwan Bros., my , agents, had received £SO on my ac- , count before the interview. I believe ] the balance of the purchase monoy , had been paid to Messrs Brown, ( Skerrett and Dean, It was not in . consequence of the action of the ] Licensing Committee in refusing to ] grant me my license that Eastwood , did not take possession. The de- , fendant would not pay the £450 down ( and I would not give possesion, The ] defendant did not refuse to complete | the sale, l

Mr Bunny: I would call your attention to tbe fact that Mr Pownall in bis evidence stated that the defendant refused to complete tbe sale, Mr Pownall; Allow iho witness to give his explanation, It will amount to the same thing. Mr Bunny: I do not wish to be interrupted, Mr Fownall; This is not the time for comments, Tbe witness, continuing, staled: I (M not hear the defendant say that a dewin taking possession would be awKward, I did not say, " You can put up with us," Tho defendant offered to pay me for the hoard of his two servants. By Mr Pownall: I received a letter from the defendant, admitting the liability witb regard to the servants. I am quite certain I made no agreement to board tbe defendant without charge, It did not affi'ct the sale whether the defendant put up at my hotel or any other. Thiß was tbe case for I lie plaintiff, For the defenco Mr Dunny maintained that on tbe testimony before the Court judgment could be given for no part of tbe claim. Mr Pownall: I object to comments being made on the evidenoe, Mr Bunny: Of courts, it destroys your credibility, Mr Pownall: I submit it is improper, The Bench: I have the evider.ee before me, I will n.-t allow comment, MBunny; Very well, f will bow to the decision of Your W»iship, Julius Oliver Baatwo-d deposed I I entered into negO'ittions for the purchase of the dtarlloiolwitb Dwan Bros, ot Wellington. [ paid £SO down, and gavo £OOO for tho hotel. Mr Pownall sajd at tin 1 interview on the 16th June," You uive nie £450 and go into the bouse." I said " No," He said, " Will you give me £2501" I replied that I would i ut. I refused to pay the money becnise the license was not safe. I Raid t" Mr Pownall in the presence of frvrl, '• Give me my license, and I'll givo you the cash," I told Searl it wub awkward lor me to stay with my wife and family. He replied, "It's alright, you're per-, fectly welcome to stay with mo until the license is grand d," (jn those conditions I stayed, I said nothing about paying for my board. On the night I took possession Searl asked, "Have you any objection to keeping ray servants till to-morrow night ?" I replied, " You have '.opt mo and I bavdJjKobjection at nil." The servantraerefore stayed a day with me. I knew nothing about this claim when I paid the purchase m-hey, I offered to pay for the'keep of be servants. The witness was ci unexamined at length by Mr Pownall, This concluded the case, judgment being-given for plaintiff for £3 16s, the amount due for board of tbe two servants 1 , with Court cm'sib 6s. His Worship refused i he application for solicitor's fee. EASTWOOD V, HJAKL. This was an action brought by tho defendant'in the previous pise, the claim being for £39 7s, value of articles alleged to have been sold to the plaintiff by E. J. Searl and which

lind, after tht> purohase of the hotel, been found to bo missing., Also for the recovery of £4 4s, being money paid by error. Mr Pownall, wlionpppnred for Mr Searl, applied for a uon-suit on tho grounds that the statement of particulars was informal. Mr Bunny opposed on behalf of Mi' Eastwood. His Worship deoidod lo allow the case to proceed, the Court being adjourned till two o'clock.