A LANDLORD ASSAULTED.

King Country Chronicle, Volume XXI, Issue 2341, 26 October 1926, Page 5

A LANDLORD ASSAULTED.

DISPUTE ABOUT RENT. WITH TENANT’S WIFE. How a landlord visited a former tenant to demand rent and was assaulted after an altercation was related at the Magistrate’s Court this morning when John F. Lever brought an action against Allan Turner lor assault. Mr Vernon appeared for complainant and Mr Mackersoy lor dciendant. Mr Vernon said when defendant and his wile loft a cottage rented from Lever they owed some rent. Lever wrote to them and they disputed owing rent, though they left in the middle of a. month. Three months later, on October 16, Lever went to their new house and saw Mrs ’Punier. She agreed to pay the rent. Lever wrote out tin l receipt and Mrs Turner took it. She then declined to pay. Lever reached across the table lor the receipt.* They both snatched at it. Turner was standing in the doorway and when lie saw this lie assaulted Lever, causing painful injuries. Lever left the house and informed the police, who went to the house and interviewed the Turners It appeared that Turner said Lever assaulted his wife and he had therefore interfered and 'used force against Lever. Counsel submitted that Lever was not a young man and even if he had assaulted Mrs Turner—which was denied—-the force used against him was altogether greater than was necessary. Although this happened ten days ago Lever's face was still bruised.

Evidence on these lines was gliven by complainant. Sergeant Fearnley said he met Lever in the street. Me was badly knocked about about the face; his eyes were closed, and his lace was bleeding. He told Lever that as the assault had occurred in a house and not in a public place he must lay the information himself. lie told Constable Kennedy to go and see wliat was the matter.

This elosed the case for complain ant.

Mr Mackersoy said there would havebeen no trouble if it had not been lor the grasping attitude of complainant. When the Turners left lio demanded a month's rent in lieu of notice in addition to the three weeks’ rent owing. They refused to pay this, and Lever subsequently wrote that lie would accept. without prejudice, one week’s rent in lieu of notice. ft was emphatically denied that at the time of the assault upon Mrs Turner Turner was in the house. He was working in the garden. During a discussion with Mrs Turner she asked Lever to put the dates on the receipt he made out. lie refused. She said it was no good and. threw the receipt upon the Hoor. Then Lever knocked her over, striking' her on the chest. She called out to her husband, who came in and struck Lever. Counsel submitted that the law allowed any person to use force in defence of himself or of any person in bis protection. His Worship said that only such loive as was necessary for such a purpose was permitted.

.Mis Turner gave corroborative evidence. Allan Turner said when lie hoard his wife call out lie did not know that. Lever was in the house. He went into the kitchen and found his wife struggling with Lever. Witness struck Lever somewhere on the head, he ctiuld not say just where. Lever grabbed at his throat and then witness strudk him again and pushed him out of ilie door.

At the close of the evidence His "Worship observed that a rather serious assault had taken place. Defendant’s statement was hard to believe and he accepted that- of plaintiff. The assault was unjustifiable and defendant must pay for it. lie would lie fined Cl and. costs, half the fine to go to the informant.