Alleged Forcible Entry.

Poverty Bay Herald, Volume XIX, Issue 6406, 29 June 1892, Page 3

Alleged Forcible Entry.

At the R.M. Court this morning, Lysaght Bullen, and two Maoris, Hone Rua and Wati Takina, were charged on the information of Henry McDonald, of Gisborne, wool scourer, with, on 28th June, 1892, 3 forcibly and with strong band entering a certain messuage with appurtenances at Whataupoko, and from the peaceable pos- ' session thereof forcibly and with strong ' hand unlawfully expelling and putting " out the said Henry McDonald. 1 Mr Finn appeared for the prosecution, and briefly stated the facts of the occur- ! rence. He said that Mr McPhail and his 1 client had arranged a partnership, and 1 agreed to buy the fellmongery in question 1 from Messrs Bowron Bros, This was ' down South. McDonald came up here, ! and brought his wife and family with him. ' Ho wired several times to McPhail that : he found difficulties- in carrying on tho 1 partnership, but receiving no reply awaited the hitter's return from Australia last Sunday. About 12 o'clock McPhail 1 and tw© men named Corrigan and Wyllie visited tho place, and abused the prosecu- ' tor and insulted his wife. MrPhail finally said, " I will come to-morrow and take possession of these premises by force." : McDonald said he would not allow it. Next day the latter received a letter from ; McPhail's solicitor asking an interview, but owing to the strained position of ' affairs this was refused, and a reply sent. Yesterday Bullen and two Natives went 1 out armed with a hatchet. McPhail had ' been informed that McDonald would not 1 allow possession. A similar notice had been given to his solicitor. These three 1 went out, and when refused possession ' they forcibly entered the premises. These are the facts in the order they happened. 1 Mrs McDonald has only lately arrived from the South, and is not used to Maoris, ; and was very frightened. Mr Bullen said that Rua was a great athlete, and if anybody attempted to do anything he would knock their brains out. The information was laid yesterday at 2 p.m., and a warrant to arrest handed to the police. I did not know until five minutes ago that 1 the three stopped there all night. Mrs 1 McDonald was very frightened. The law is very clear, and 1 cannot see that there 1 can be any defence in the matter. It will be better to have the cases heard by Mr ' Booth. There will be more cases arising out of this. I believe these young men have been led into this innocently. I will 1 ask for a remanrl. Mr DeLautour, on beh:ilf of defendants, replied saying th;it there was no partnership, but even if there was, one partner had no right to lock the gates and doors against another. He was glad that Mr Finn's statement had been made. It was irregular, but he took no objection as it might lead to the settlement, of the dispute. Mr Finn concurred. The young men were only acting on instructions. He would ask for bail on their own recognizances — a promise that they would not go back, and if they did so there would almost certainly be a breach of the peace. Mr DeLautour said that they h?id wiven up possession of the premises to Mr Corrigan, to whom McPhail had sold«them, and so would not go out there again. The case was then remanded to 4th July next. The Sergt. -Major said that Mr Finn had in his remarks said he had only got notice five minutes ago. Mr Finn replied that he meant five minutes before the Court. The Sergeant-Major went on to say that he went to Mr Finn's office, and informed him that the men were at the Court. Mr Finn then insulted him and told him he would report him. Mr Finn here interposed, " I have done so." The Sergt.-Major : "Oh ! I was not aware of that." Mr Finn: "Yes, I have asked for an enquiry. The warrant should have been executed last night." The Sergt.-Major : "I told you when you gave . me the warrant that I had no man available to execute it." Mr Finn: "I am not going to argue with you." Mr Finn then said : " The Sergt. -Major came to my office this morning at half-past ten and informed me that the young men were at the Court. I said 4lt is now half-past ten. You should have told me this before.' He then made a remark which I would not tolerate, and I informed him I had reported the matter." The Sergt.Major : "You insulted me in the presence of Mr and Mrs McDonald. I have never been so insulted all the time I have been in the force." Tho defendants were allowed bail, each in his own recognisance of L2O.