Ay-Sixe v, Tuomas.
Defendant is master of the steamer Foochow Plinti®' was his boy, ant sued to recover $10.30, wages due to him. Te had also suing moned defendant for assaulting him, but as this arose out of the former ease, the facts in each were taken together.
is Hoxoun asked defendant it he owed the money Defendant—Yes, and I obtained the money Purposely to pay him.
His Hosour—Then why did you not pay it?
Defendant—The boy has beet very insolent paler last, he absented himself from her. since the ship had been Jaid up, and on Wed-his return, I asked him where he had Heer, and he said he had been home. I told should discharge him, and that he was to ser his wages in the evening. He came ile L was ab di r, and I told him to wait T. ©. Easrizy v. H, Wisox"
Plaintiff sought to recover a gold watch, or its equivalent, $99, from the defendant, as executor to the estate of the late F. Jarvis Plaintiff stated that the watch was taken from the pocket of his coat, which he had hung up in the dining room of the Stag Hotel, of which he was then proprietor, in September, 1873. The late Mr. Jarvis, who lind an interest in the billiard saloon attached to the hotel,-was at the time at dinner in the san room. Plaintiff went to play a game at bil-Tiards, and afterwards going to fetch his coat, found it was ne, He search!, and not bei able to find it, went up to his bedroom, ug somebody might have taken it there. Tt was not there, and plaintiff then returned to the dining-room, and saw hit on the floor, behind the door. up, and found the watch had been take Jarvis was in the dining-room on each of these occasions, but he might have gone out while He asked Jarvis it he had seen the coat, of plaintiff was playing at billiards, and returned.
anyone in the room, as he had lost his watch. Jarvis replied that he had not, and plaintiff went at once to the Central Police Station anil reported the matter to Taspector Fowler. Three other persons had dined in the same room on that day, but they went into the ati Thad finished, He went xy, but came; billiard room before Jarvis came and before the coat was hung up. There were no Chinese boys in the louse, for Jarvis had quarrelled with them and sent them all away the same morning. Plaintiff did not see the watch again until about three or four weeks ago, when he saw it in the possession of a perten to whom it had been handed by defend. ant to get up a raffle for it. Ho told that person that he thought the watch was his Brcleto the defendant, in. whose possession property, it was afterwards given it remained. Defendant said he could not yield it up till he was obi 'The morning after it was stolen, pisintiff went to Mr. Hirsbranner, who had had the watch to regulate, to ask if he remembered the number, but he could not do so. Plaintiff' had the number written on a piece of paper, but could not find it at the time, and did not remember the number hitiself. He bought the watch, a chronometer, at Hongkong, in 1866, for $300, and in 1867 it was examined by Mr. Schrader, of Shanghai, who gave a certificate to the effect that it was not what it purported to be—a Dent's English-made chronometer—but was continental m: certificate also contained the number, and plaintiff now produced the certificate, which was the paper hie hind alluded to, and which had since discovered among ' other papers. He could not swear positively that the watch put up for rafe was the same, because ho only saw it in the person's hand who held it but he was almost certain it was his watch.
His Hoxour asked that the watch might be shown to him, and the defendant handed it up. His Honour examined it for some minutes, by the description given in Mr. Schrader's certificate, and then, without any remark, gave it to the plaintiff to examine.
Plaintiff, alter some time, said it did not Jock exactly the same, but it was very much Tike the one stolen, and he believed it to be his watch.
His Hosoon—It boars the name of " Dent, London," and also the same number, 326, given in the certificate, Mr, Hirseroxsen was then called, and examineil-the watch, Ho believed it was the same brought to him by the plaintiff to be regulated. If it were riot the same, it was exactly like it. It corresponded exactly with tthe certificate given by Mr. Schrader.
Defendant said the late Mr. Jarvis had worn the watch for more than a year before his death.
His Hoxour sent to enquire the date of Jarvis's death, and was informed it was September, 1874, He remarked that that showed Jarvis might have worn it for a year before his death, and that it got into his posseasion remarkably soon after it was missed.
Inspector Fowste, called by plaintiff, said—On September 17th, 1873, plaintiff reported the loss of a chronometer balance watch, but did not then know the number. On the 5th October following, he came again, and gave the number as 326.
Mr. Stuverriorse: said he bad also seen Jarvis wearing the watch, It had Dent's name on it. - Jarvis wore it to his knowledge for four or five months before his death, having previously worn a silver ave, defendant said he knew nothing more about the watch, It came into his pos executor of Jarvis's estate, and when tiff claimed it, he thought it best nob to give it up without proof. In answer to further questions, defendant said he had not nearly sullicient money in hand to pay the claims against the estate, His Hoxovn said there were two ways in which Jarvis might have become possessed the watch. He might have taken it,—which he did not say he did,—or he might have got it from some one else who took it. Tu either case, there was (as fir as the evidence went) no Suficient title against the real owner. His Honour had only to satisfy himself that plaintiff was the real owner, which, after the evidence given, he could not for 4 moment doubt. Tiere was nothing more to do, than to direct his property to be given up to him, but considering the condition of the estate he could not give him costs, August, 5th.
Stxe-woo-rsv v. F. Mawstoop, Plaintiff, a mafoo, sued defendant to ¥ecover $5.50, for twant-eight days' wages. The money was paid into Court, under protest,
Text read from the printed page and cleaned; old type leaves the occasional error.