ORDER MADE FOR POSSESSION

Press, Volume LXXXIV, Issue 25427, 25 February 1948, Page 3

ORDER MADE FOR POSSESSION

DISTURBANCES ALLEGED BY lANDLADY

“People do not call the police for an ordinary domestic squabble,” said Mr ‘t’. F. Reid, S.M., commenting on a claim in the Magistrate’s Court yesterday by Myrtle Evelyn Hickmott for possession of a flat at 22 Grafton street, Sumner, occupied by John Harold Baird. “There were two occasions when the police were called and this lends weight to the plaintiff’s statement that there were other disturbances. Though the party .may not be the fault of the tenant, he is responsible for everything that goes on there.”

Mrs Hickmott (Mr P. H. T. Alpers) said in evidence that the defendant and his family had been tenants for just on two years. Originally Mr Baird, his wife, and son and mother-in-law were the only persons supposed to be living there, but since then there , had been numerous persons.

“In June, 1946, there was a most filthy brawl—the language was terrific,” said the plaintiff. “They use our private house about two chains away as a thoroughfare to the hotel. On this particular night the whole family was under the influence of alcohol, and Constable Kearney was called. Flowers have been taken by Mrs Baird from my garden. Other tenants complained that they were unable to sleep.' The whole family used bad langauge.' Since June, 1946, the tenants have been awakened several times, but last -Saturday evening the din could be heard at my place, two chains away," said the witness.

“Yes, I take my but no one could say they have seen me intoxicated,” said Mrs Hickmott, in reply to a question from Mr L. H Armstrong, counsel for the defendant “The rent has not been paid since January 10. When I wanted to inspect the flat the door was slammed in my face.”

Frederick Malcolm, a painter, said that on the night of the party last Saturday the language, the running up and down stairs and the bumping necessitated his giving his sick wife morphia so she could sleep When this failed they sent for the police

The defendant said he had never had a complaint about behaviour. “It has been 12 months last Christmas—bar last Saturday—since there were any parties,” he said. “Everything was 100. per cent, until I went to the fair rents.’*' t An order was made for possession on or before March 18.