MAGISTRATE’S COURT.

Manawatu Times, Volume XLIII, Issue 1560, 16 June 1920, Page 6

MAGISTRATE’S COURT.

CIVIL DAY. (Before Mr J. L. Stout, S.M.) Judgment by default was given for plaintiff in the following undefended case:—J. Bett and Bayly, Ltd. v. Page and Co., £24 12/5, costs £1 9/. TENEMENT CASE. In a tenement case, in which R. Hooper (Mr Innes) sought to obtain possession of a house from A. Astle (Mr Ongley), his Worship adjourned the case for one month, in order to give defendant further opportunity to find another house. AFFRAY IN A HOUSE. The case in Avhich Donald McLeod (Mr Ongley) proceeded against J. W. Moran (Mr Oram) for alleged assault, and damages amounting to £IOO (£SO of which amount was set out as damages for alleged attempted forcible ejection from a house), was continued from last week. Defendant also charged McLeod and his wife with assault. Briefly, plaintiff’s case was that defendant had, after giving certain notice, asked for possession of the house in which he resided, but plaintiff replied that his endeavours, so far, to get another place of abode had been fruitless. However, defendant shifted plaintiff’s furniture from certain rooms, and he and his family came in. Things went well enough for a week, when defendant had asked for the use of the kitchen, and the upshot was that the affray took place, commenced, it was stated, by the defendant. The Morans and a man named Kilsworth fought the McLeod family lor some time, the weapons employed including hockey sticks and a gun (which one of the McLeod boys held to keep the Morans at bay). In the fight several blows were struck with fists and hockey sticks. One of the witnesses said that she thought someone would have been murdered. Medical attention had been required by participants on either side. A passerby had rushed to the scene and had his thumb bitten by Moran. In the course of evidence it was pointed out that when Moran went to ask for the use of the kitchen, ho found the McLeods with their coats off, and thought that there was every likelihood of trouble. Moran’s party left their room and advanced to the passage leading to the kitchen, where they met the opponents, then the fight followed. In defendant’s evidence it was alleged that McLeod struck the first blow. Defendant had, he said, shown every consideration to the McLeods, and did not desire to see them go without accommodation. He denied the statements that ho or his party were the cause of thet Rouble. Considerable evidence was called, during the hearing of which the Magistrate pointed out that he considered that the defendant had been looking for trouble and got it. When he saw the McLeods with their coats oil he rushed back to tell his party theio would probably be trouble, and they left their room to meet the McLeods. It was through their action in leaving their room that the whole trouble occurred. 'They should have remained whore they were, and later sought an order through Court for possession o. the house , After counsel for both sides hac made several submissions on points or law, his Worship reserved Ins decision.