Star.
London, England, 1828-08-26 00:00:00

EDWARDS V. DALTON.

Mr. PoLt.omc (with whom was Mr. PARKE) stated
the plai;•trtrs case. The action was hronght to recover
the 'sene of a quantity of jewellery which the plaintiff,
who was a jeweller residing at Birmingham, and who
travelled to different places to dispose of his goods, had
carried to the house of the defendant, who was an inn-
keeper, and which had by some means or other been
stolen. The law on the subject was plain. An inn-
keeper was, in regard to property brought to his house,
in the nature of an insurer, and was bound either to
take care of that property or to make good the loss.
The Learned Gentleman then stated the circumstances
as they were afterwards proved in evidence.
Robert Ousey stated, that he was a porter. Recol-
lected going on the 25th of April last to the British
Volunteer, in Deansgate. Manchester, which was kept
by defendant; the plaintiff went with him; witness car-
ried a bag and a trunk; the defendant told them to
go up stairs, as they were painting below. There were
two rooms up stairs; one of them was called the tra-
vellers room, and the other the club room. it servant

girl who accompanied witness and the plaintiff told them
to put the luggage into the club room ; the plaintiff said
that he had rather it was taken into the travellers' room.
N r objection was made, and the luggage was put into
the travellers* room ; witness did not hear the defendant
give any directions.
James Bradbury examined—l am a hairdresser, and
live in Manchester; I have dealt with the plaintiff for
seals and rings ; I have seen trays and other articles of
that sort with the plaintiff; I have seen the plaintiff five
or six times in Manchester with things for sale; I saw
him on F'iday, the 25th of April last, at half-past ten
o'clock in the morning ; I accompanied him to the Bri-
tish Volunteer Inn, into the tmellers room; plaintiff
produced several valuable articles, which were in a
mahogany box; I purchased to the amount of between
71. acid 81. The articles which the plaintiff showed me
were seals, rings, brooches; thimbles, ear-ting,, spec-
tacles, Ike. In my opinion the articles were worth 4001.
at least.
• Cross-examined by Mr. Wfwasts—The defendant
has kept the British Volunteer 14 years; I have often
been there; there is a bar and tap-room below; the
house is frequented by travellers from the north;
Dever knew the plaintiff bring so many goods before; I
never valued such a stock.
Joseph Waterhouse--I am a jeweller at Manchester;
I have been in the habit of dealing with the plaintiff for
five or six years ; I saw hint on the 25th of April at my
shop; he had a trunk with him, containing jewellery,
which he showed me; I should think the value of the
whole of the contents to be about 5001. I know the value

of such articles as well as most retail dealers ; I bought
2ftLworth, and lett him in my shop with the box ; I
saw him in the afternoon, and asked him for some more
brooches, which he brought me.
Joseph Waits stated, that on the 25th of April he was
staying at the defendants house, where he saw the plain-
tiff, about a quarter before three in the afternoon. I
saw him *pen his box and take out some jewellery, with
which be went away. Plaintiff put the box in a carpet
bag. Two strangers came into the room about three
o'clock, and a Mr. Appleton soon after; I la ft the two
strangers and Mr. Appleton in the room ; there appeared
to be many articles in the plaintiff's bag; witness had
seen the strangers before, but not iii the travellers'
room ; they had been staying at the inn some days.—
Witness returned to the inn about six o'clock ; all was
then in confusion, and the plaintiff was declaring that
he had bees robbed ; witness went to the police office
with plaintiff, and Lavender, the officers went to the
ion, and examined the plaintiff's box ; the frames had
been taken ow. Witness accompan ed plaintiff to Liver-
pool to search after the strangers ; they went also to
Birmingham and other places, but they could not find
the strangers.
Cross-examined by Mr. WILLIAMS— Travellers were
usually shown into the travellers' room. A great num-
ber went to,the defendant's house. There was not a
better second-rate house in Manchester. Witness be-
lieved that luggage was usually carried to the _club-
room, which was kept lucked excepj when persons
wanted to gat anything ou . Did not know that the
key was usually kept in the bar. The two strangers
were reapectible-louking men. Atter the robbery,
heard the plaintiff say that the thieves had not disco-
vered the part where the money was, and that
sovereigns and from forty to fifty light guineas had
escaped. Understood that the money was the produce
f some of the plaintiff's articles There was t hair trunk
which was not examined by Lavender. Heard that
there was a packet at Liverpool about to sail at tea
o'clock. Wi ness and plaintiff were directed to be there
at nine to sear& for the strangers, but witness could
non ger plaintiff to start without his breakfast, and alum
they got to the packet they were too late to examine it.
Thole were many persons on deck. Witness was dis.