SUPREME COURT.

Auckland Star, Volume XVIII, Issue 149, 27 June 1887, Page 5

SUPREME COURT.

CKIMINAL SESSIONS. (Before Mr Justice Ward.)

Forcible Entry. — Augustus Vincenti,' Mary Vincent and George' Vincent were indicted upon the charge of forcibly entering into a house in Hamilton East,, and driving therefrom one William McMcPherson with sticks and stones, thereby breaking the peace.—Mr, Gover appeared for the Crown Prosecutor, and Mr O'Neil for the prisoners. —The latter gentleman submitted that the indictment was not sufficiently specific for the Court to have jurisdiction in the matter. Hamilton East, no other description being given, might be anywhere in New Zealand, and His Honor had not jurisdiction in every part of the colony.—His Honor did not) agree , with Mr O'Neil, and after a long hunting up of precedents, Mr Glover argued that the inditment showed that the Court! had jurisdiction over the whole of the colony; also that the prisoner must know from the indictment what place he was charged with entering.—His Honor thought this latter was too loose a way of looking at it. Theoretically a man might understand what he was charged with, yeb it might still legally not be sufficiently explicit. Mi- Glover then showed that Hamflton East was spoken of as a town, and could be proved to be a town, thus showing clearly what part of New Zealand was meant. As long as the prisoner was not) prejudiced, there was nothing to stop action being taken upon the indictment; the indictment might, he argued, be adjusted by the Court.—His Honor held that although the indictment might have been more explicit, still he considered the prisoner would not be prejudiced in any way by trying him upon it.—His Honor quoted a ease of James 1., where a somewhat similai-adjustmentofanindictmentwasmade. —Mr Glover, in opening the case, said that the prosecutor was a builder and built a house for the prisoner. As he was afraid of not getting his money, McLeod locked and nailed up the house; he afterwardsfound Vincent's family and furniture in it. The prosecutor then ordered the prisoners out, and they went; they afterwards returned and broke in, and a struggle ensued, a wound being given to the prosecutor by the elder prisoner. Whether the prisoners were or were not the legal occupiers of the houaewas not the question, but the.case stood upon the evidence which should prove whether forcible entry was made. Alexander McLeod then gave evidence as to having built the house, and further corroborated the statement made by Mr Glover in his opening address. The elder prisoner had threatened to remain in the house by force, and witness gave him a letter threatening him with arrest if he did nob leave in ten minutes. On tha 21st inst., witness went to the house and saw Vincent there. Mrs Vincent was scrubbing the floor, and she "chucked" a pailful of water over witnesses feet. Witness and one McPherson turned the prisoner out, when Mr Vineenfc went away, as he s&id, for a policeman. Witness then again fastened down the windows and barricaded the backdoor.— Ey Mr O'Neil: Was not present at the alleged forcible entry. Ll4 19s 6d was due upon, the house, besides extras about LI. Never sent in an account for extras. Would swear that the eldest prisoner had nob objected to paying him the Ll4 odd,-be-cause of the work being badly done. Did not assault Mrs Vincent by . giving her a black-eye, upon that day. A criminal action was brought against witness in a lower court. —W. McPherson deposed as to having' beeu- assaulted in the house;— Mrs Ann Proctor, who was with the prisoners when the alleged assault occurred, gave evidence of the same, and said some of the prisoner's property wap in the house at the time.—Samuel Hooper gave evidence as to having seen the eldest prisoner break a window in the house with a stick.—Thia closed the evidence for the prosecution. Mr O'Neil, who called no witnesses for the defence, then made a forcible address to the jury on' behalf of the prisoners, showing that the house no doubt legally belonged to the prisoners, and it was they that had perfect right to be in the house. (Here His Honor expressed his j opinion that that was so.) { ; The work, had been so badly done that his clients had determined not to pay the Ll4 odd till certain alterations were made. A man had perfect right to break into his own >house. (Here His Honor entirely disagreed with Mr O'Neil.) The learned counsel then submitted to His Honor's notice a. series of cases which he considered bore out his view of the case.—These, the Court ruled, had been over-ruled, and His Honor finally laid down the rule " That no one had the right to obtain possession of his own house by forcible entry." His Honour then summed up, pointing outo that Ann Vincent, as the wife of the elder prisoner, must be acquitted, as she had acted under the compulsion of her , husband. — The jury then retiring, found Augustus Vincent guilty, and acquitted the other two prisoners.— His Honor then fined the remaining prisoner L 5, when he was released.