ALLEGED FORCIBLE ENTRY.

Auckland Star, Volume XXIV, Issue 252, 24 October 1893, Page 5

ALLEGED FORCIBLE ENTRY.

After numerous remands, the case againsj* Carl Weber was heard at the Police Cour» this morning before Mr R. S. Bush, R.MThe information was an unusual one, defendant being charged that on the Bth o* September, he did unlawfully and with a strong hand enter into a certain messuage with appurtenances, Section 25a, Onehunga, of which William Morton was then possessed of a certain unexpired term of years. Mr C. E. Button appeared on behalf oi the prosecution, and Mr W. J. Napier for the defence. In opening his case, Mr Button said this was a very unusual case, the real gisb of it being a breach of the peace. Ib was a case of alleged forcible enbry upon a leasehold held by the complainant. Mr Button then spoke at some length upon the legal aspect of the caie. Angus Win. Gordon, town clerk of Onehunga, deposed tbab Section A. was a borough reserve leased by tender to Carl Weber.

By Mr Napier: The last renb was paid by Mrs Weber on the Bth of August. * Mr Morton had not paid any rent. Mr Morton had produced a receipb and said he had paid £1 to Mr Lawson for that lease. At that time the Council did nob recognise Mr Morton's claim. They had received a letter from the Official Assignee notifying the sale of Carl Weber's interest in section 25a to William Morton.

The nexb witness was William Morton, who deposed that he lent £300 on Weber's tanyard. On May 25tb, 1893, Weber become insolvent. Witness purchased Weber's eßbate from the Official Assignee for £140, in accordance with the resolution of the creditors. \Y itness then pub Weber on as foreman at wages. About tho end of July Weber Bet up an adverse claim. Witness said he would dispense with Weber if he raised any crooked points. Witness then bought Weber's interest in the land from the Official Assignee for £1. Afterward witness pub up a board forbidding trespass, as there had been damage done at the dams. In answer to Mr Napier, witness said that defendant's wife did state that she claimed the land, and he received a eolicitor's letter warning him nob to trespass on the land, but he took no notice of ib. He had received a written notice under the fencing act that Weber was gcing to put up a dividing fonce between this section aud tho freehold. He told the foreman before he left) for town on the Bth of September fchab if Weber' forced his way in they were to use no violence, bub four of them were to take him aud pitch him over the fence. Witness also deposed to tho fence being broken down on more than one occasion.

Richard William Daniel deposed he was in Mr Morton's employ. On the Bth of September he saw two men pushing down the gate that Mr Weber had just pub up. Mr Weber then came inside and ■ commenced to plant some trees. Young Morton pulled one up. Weber said that if anyone interfered he would knock oub their brains with the spade.. Mfa Weber waa there with an axe, and she said she would defend him with it. She then commenced to chop , the bridge, but was stopped, by. one of the men. When tho men had repaired the fence-Mrs Weber began to chop the fence, whereupon Mr W. Morton, jun., tried to atop her blows with a piece of scantling. Defendant then started chopping at the wire with his spade, and in doing so struck the scantling which turned clean over the fence and hit him on the thigh. Mr Weber then offered to fight any man present. lie had a hammer in one hand, and a hammer in the other. Shortly afterwards Weber walked away and laid dov/n. There were still a large number of wibnesses awaiting examination when we went

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