A TRIANGULAR DISPUTE.

Poverty Bay Herald, Volume XII, Issue 4202, 29 January 1885, Page 2

A TRIANGULAR DISPUTE.

MR JOYCE, MR BURNAND, AND THE BAILIFF.

At the R.M. Court yesterday George Buvnand pleaded guilty to resisting D. Murray, bailiff, in the execution of his duty. Mr Rees, with Mr Brassey, for informant. A heavy fine was not pressed for. Defendant was fined £5 and costs, in default fourteen days imprisonment. One month was allowed for payment. Two other informations for unlawful rescue and assault against the same defendant were withdrawn. E. P. Joyce was charged by Donald Murray with rescuing a certain horse in his charge as bailiff. Mr Finn, for defendant, pleaded not guilty. D. Murray deposed he had a warrant to levy against Burnand. Caused the warrant to be executed by R. Hamilton. Knew the warrant was executed. Mr Finn took exception to any further questions being asked until it was proved that Murray- had seized the goods. Where a warrant was addressed to the bailiff he could not appoint anyone as his assistant until he (Murray) had first taken possession. His Worship said if it could be shown that Murray could delegate his power to anyone who was not a " peace officer " he could soon decide the question. The warrant was directed to D. Murray, bailiff, and all other peace officers. Mr Rees and Mr Brassey contended that the bailiff could employ anyone he chose, and it was laid down that the bailiff was responsible for any acts of his assistants. His Worship having heard long arguments on both sides said he was of opinion that Murray could delegate his power to an assistant, and he would overrule the objection. Examination continued : He saw Han-ilton in possession of Burnand's stables under the warrant. In consequence of a communication received from Hamilton he went to the stables on three occasions on Jan. 7. On the first occasion he saw Mr Joyce and told him he (witness) was in possession, at the same time showing the warrant. Hamilton, Burnand, and Henderson were also present. Joyce said "If Hamilton and you are not out of here by shuttins-up time I will lock you up under the Vagrancy Act." Told Joyce if he (Joyce) thought ho was doing wrong he had his remedy. Fearing a breach of the peace he proceeded into the street and called a constable. Joyce also came into the street. He, Joyce, and the constable walked back to the stable. Joyce sang out, "Shut those doors." Burnand and Henderson attempted to shut the doors but he (witness) got into the stables before they could shut the doors. Joyce then said to the constable, " I give this man (meaning witness) in charge as a vagrant, or I'll put him out." Witness warned Joyce that if he did he would have to put up with the consequences. Burnand then took hold of Hamilton and himself and put them out. To Mr Finn : He first went to the stables about 1 o'clock and got an inventory from Hamilton. After 4he went again and took a coach from the outside and put it in the stables, closing one of the doors and leaving one open. At 6 o'clock he went back. He had the warrant at that time. Hamilton had the warrant part of the day. He gave Hamilton no document in writing to levy the goods. He did not seize any goods under the warrant himself. Hamilton gave him the warrant about 6 o'clock. He was not under the influence of drink. If a number of persons said he was he would con-

tradict them. Burnand rented the stables. He did not remember that Burnand had told him he had given up the premises to Joyce. He did not tell Mr Henderson he would make it hot for J >yce. Did not use bad lauuuage to Joyce. Never asked the constable to arrest Burnand or Joyce. Robert Hamilton deposed : He had taken possession under a warrant from Murray. While in possession Joyce came in and forcibly took out a horse. Told Joyce he was in charge, and showed him the warrant. E. P. Joyce deposed: He first s;iw Hamilton in the stables about 11 o'clock. Previous to that ho had lent Mr Burnand his mare to go up to Mr Nasmith's. About half an hour afterwards he wanted his horse, and the boy pointed out to him the stall the horse was in, and he took it out. Hamilton was there and never said he was a bailitt nor showed his warrant. There was no resistance. Hamilton may have caught the end of the npe tied to the horse but he was not aware of it. Pamilton said he was in charge after the horse was taken out. The stables^r^us. He ordered Hamilton off hii^^H^Hfes for being illegally on then/<^K£iso for being drunk. After he aKr urned he met D. Murray and a stable. Murray was very excited, and apparently under the influence of drink. Murray was asking the constable to take G. Burnand ~in charge. He (witness) asked the constable to take both Murray and Hamilton in charge for being illegally on the premises, but the constable .. said nothing. Burnand then put both out. Murray caught hold of Burnand and kept holding on to him, wanting the police to take him in charge. Witness asked Murray to let Burnand go, and Murray then swore at him. When Murray saw the police would not arrest Bur- . nand he went away. He asked Murray what he was, and in reply Murray said " I'll soon let you know who I am," and added " Strike me, if you dare. Strike me." By Mr Rees : Hamilton never told him who he was nor showed him his warrant. Hamilton spoke falsely when he stated he showed his warrant. He afterwards saw a piece of blue paper in Murray's hands. Whether it was a summons or not he could not say. Hamilton was not capable of acting as bailiff. He thought he was a bailiff, but no authority was shown him. He took possession of the stables the day before from Burnand, who was a weekly tenant. J. Baldwin deposed he saw Hamilton at the stables on the 7th inst. He saw ' T Joyce go into the stables, from what Burnand had told him, and ask for his maro. The boy pointed out the mare and Joyce took her out. There was no warrant produced nor did Hamilton lay a hand on the mare. Hamilton was in the bar when Burnanjd told Joyce that there was someone going to take his horse. He understood Hamilton was in possession. Hamilton had hadliquor and was what he should call muddled. This closed the case. Mr Finn drew attention to the fact that the information disclosed two oftences, — " did rescue," "or attempt to rescue." The information was amended by the words " or attempt " being struck out. His Worship said taking the evidence of the whole of the witnesses he had come to the conclusion that Joyce knew Hamilton was there as bailiff. Whether the warrant was shown or not there was a great deal of doubt. He would inflict a penalty of £5 and costs £1 6s. By request the fine was increased to £5 Is to allow of an appeal. This morning Mr Joyce was charged j with unlawfully inciting G. Burnand to assault D. Murray. Mr Finn with Mr Kenny defended. Counsel for the prosecution offered to withdraw this and another information against the defendant, bat this was ob* jected to unless tlie costs was paid* The charge was then gone on with and similar evidence was adduced for the prosecution as in the case heard yester* day. (Left Sitting.)