BAILIFF EJECTED.

Auckland Star, Volume LXII, Issue 194, 18 August 1931, Page 8

BAILIFF EJECTED.

CALL AT REMUERA HOME.

METS TWO " MAN-EATERS."

ORDERED TO PAY COSTS,

Two well-known Auckland personages who recently fought a civil case in Court, John Henry Hannan, retired, and Julius Barth, 'bailiff, were the principals in a matter wnich was ventilated before Mr. F. K. Hunt, S.M., at the Polics Court to-day. Barth, aged 50, for whom Mr. K. C. Aekins appeared, was charged with behaving in a disorderly manner within view of a public place, Victoria Avenue, Remuera. He denied the charge.

Originally, defendant was charged upon summons. When the case was called last week, Barth did not appear. The magistrate ordered a warrant for his arrest, and this was duly effected yesterday.

Mr. Hannan said that about 8 p.m. on July' 6 he heard a knocking at his front door. Witness was upstairs with Mrs. Hannan at the time. "I asked who was outside," said witness, and accused replied, "It's Mr. Barth." I said, "Well, get off my premises as fast as you can." "Not till I see you," said Barth. Mr. Hannan said he instructed his man William to put Barth off the premises. "The next I heard was Barth yelling out, 'Don't, I'll choke!' Mr. Hunt: That was William putting him off, I suppose. (Laughter.) Witness added that a pane of glass in the front door was broken. Barth had no authority on the premises. As he went out on to the road Bath said, "I'll do for you." Payment of Fee. Mr. Aekins: Did not Barth eject a tenant for you and you did not pay him his fee? —He wouldn't take it. He wanted to blackmail me for more than he was entitled to. Did you know he had a summons to servo on you?— No. He had to see you and no one else?— Not after dark. You are well versed in law, are you not?— Not as much as I'd like to be. Another Solicitor: He's paid for his experience. (Laughter.)

Mr. Aekins: Do you know that a woman had her foot crushed in your door ? —No.

An employee of Mr. Hannan, William Mclnally, said Barth and a woman called at the house. Instructed by Mr. Hannan, witness said he told Barth to leave the premises. Barth refused to go until he had seen Mr. Hannan, so witness caught him by the collar a.nd pushed him out.

Mr. Aekins: What is your position with Mr. Har.nan ?

# Mr. Hunt: Never mind that, he's been at Mr. Hannan's for years.

Barth: He's his chucker-out. (Lau«h tcr.)

Mr. Aekins: There were teeth marks on Earth's hand, do you know that?— He must have done it himself, then, I didn't.

Evidence was then given by a housekeeper employed by Mr. Hannan, and Constable Mclnness. The constable said that when he arrived Barth had gone. In reply to a question by counsel, witness said" Barth called at the Remuera police station immediately after he left Hannan's house.

That concluded the evidence for the prosecution.

Mr. Aekins said he would let Barth tell his own story. Had to Go to Hospital. Before giving his version, Barth admitted that he had been in trouble before. He said he called at Mr. Hannan's house to_ serve a summons and return a key to him. Witness' housekeeper accompanied him. "When I knocked at the door and asked his housekeeper for Mr. Hannan, he would not come downstairs to see.me," said Barth. "Hannan then called out to me, 'Get to out of it.' Then he sent down two of his man-eaters." (Laughter.) Mr. Hunt: Man-eaters!

Barth: Yes, Mclnally and another man. 1 got such a doing I afterwards had to go to the hospital. Mr. Hunt: This summons—it was your own?— Yes.

Barth added that he was told Mr. Hannan was not well and could not see him. "However," he said, "at five o'clock that night I saw him in Queen Street and he was well enough to dodge me." (Laughter.)

Mrs. Elizabeth Richards, housekeeper for Barth, was called. She stated that after Barth knocked at the door and asked for Hannan two men came out, one grabbing Barth by the neck. "Mr. Barth was nearly black in the face and he would have been choked," she said, "only that I pulled the man's arm away." Mr. Aekins: You hurt one of your feet? —Yes, I got it crushed in the front door. (Laughter.) Mr. Hunt: Barth is convicted. Let me see his list. I don't believe his story at all, and I don't believe that Mr. Hannan would use the language which Barth mentions.

Barth was convicted and ordered to pay the costs, £4 10/. Seven days were allowed in which to pay.