MAGISTRATE'S COURT.

Manawatu Times, Volume XLIII, Issue 1584, 9 June 1920, Page 7

MAGISTRATE'S COURT.

CIVIL BUSINESS. Before Mr J. L. Stout, S.J.M., jndgment for plaintiffs, by default, was given in the following- undefended cases: —W. Simpson v. J. Leat, £1 15/, costs £1 19/6; Palmerston North Borough Council v. J. Leat, £2 0/11, costs 12/. DEFENDED CASES. Annie Clarke, mail contractor of Rongotca, claimed for the amount of accounts rendered, £l3 14/3, against I J. S. Crichton. Defendant entered a I counter-claim for £2O as damages to certain motor tyres. After hearing evidence, his Worship gave judgment for plaintiff for the full amount claimed, and also found for plaintiff on the counter-claim. ALLEGED ASSAULT. Donald McLeod (Mr Ongley) proceeded against Joseph Walter Moran (Mr Oram) on a claim for damages for trespass and assault arising- out of defendant's endeavours to get possession of a house. Defendant also charged plaintiff with assault. The plaintiff (who occupied the house, which had been purchased by Moran), in his statement of claim, said that defendant and his agents and servants entered the house and forcibly commenced placing plaintiff's furniture in ful. Defendant, with others, came of plaintiff's wife, and that he attempted to forcibly eject plaintiff and his wife and family from the house, and made assaults upon the plaintiff, his wife and other members of the family. His wife, among others, had been severely injured with a stick. £SO was claimed for attempted ejection, and £SO for damages arising out of the alleged assault. The evidence for plaintiff showed that every endeavour had been made to get another house, but up to the date of expiry of notice to quit he had been unsuccessfudl. Defendant, with others, came to the house and commenced to take possession while plaintiff was at work and his wife was out. However, the families continued *a Hv*> together in the house for a whi-e untn some disagreement over the kitchen came up, ad this led to further events. Defendant one day asked plaintiff when he was going to get out, and plaintiff replied he would as soon as he got a house. However, a scuffle ensued, in which plaintiff, his wife and other members of the family were thrown into severe combat, with Moran and his party. Hockey sticks, othej; cudgels, and even a gun (which played onlv a minor part), were brought into action. Cries of help brought strangers in, and one of these had his thumb severely bitten by Moran. A doctor had to be summoned to attend plaintiff's wife. Moran, it was alleged, asked that the affair be allowed to pass over. The defence was a general denial of the allegations, and it was stated that the fight in the house was commenced by the plaintiff's party. It was said that endeavours "were made to come to an amicable arrangement, as it was not desired by the defendant to impose anv undue hardship on plaintiff respecting house accommodation. Any injuries that were inflicted were done in self-defence and unintentional. With several witnesses still to give evidence, the case was adjourned until next Tuesday.