RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 2004, 7 June 1875, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

Befortf W. Fba'seb, Eb^., E,if.

DnuNKßNNEss^Birc; X"A C

Peter Anderson was charged with being drunk" and•■■■.•disorderly" -.on} the ,sth; instant, and with, indecency in the streets afcithe same time;-: Defendant guilty> to r,the second: pffence^,the;> first charge being withdrawn. The charge' wks brought under the Borough Bye-laws. Fined.4os or 3 da^'^M|p|pnment.O :/H John Russeltalijtippipi^r;as^ charged with beins,,.djr|i^i§|p^|^able^' He. pleaded- 1 guilt^;^ vTKii|(|ii|pe'i|7%oni victipnsi-agains^dtffe'ncl^GpDtii;;' hfffihadn't been^in^Cp^t>laj;ely^^|FiiDied 10a or 24 hours*imprisonmerit. ' '"■•p. . j

.■■;'-"■ \ :} ; : WilUami'Hopkins was charged with a ibreach. pfrßorpugh Bye-latr/l^p,T||,; section 2%by allowing iwoih^se^d;^wahdar: at ■largei^'i; '■&■ '>:--■. ■■',: -^i ,U/^iWW- : ■ vFihed 5» and?ostsv.; '■ yi'^t^. *>■ %.'.: ?#!^' i

■?■■: ,Thomai^flincpck wuf-'charged. - witK Id !preiich I'jot Bye-law<l^t;2 by allowing the chimney of "his house to tak«; fire. \ . ; Defendant,pleaded guilty. Fined 10s. ' ;ii SELIINQ- GBOQ; ON THE SLY. - V Th»maß;Gillan;was charged with unlaw-. fully selling; alcoholic liquor, -to. wit^ brand.y, without: being, licensed so tp doi af Pur iri, on'the 3rd instant. ,

;Defe"ndrint',pleaded-guilty. Mr BuUen said the offence was laid under, aectipn 6 of, the Act.- There was a licensed house in the immediate vicinity of defendant's} s tore,: which had been carried on for a long time at great disadvanpefendarit said he kept a receiving store at Puriri,-and ,it was half a mile from Say's house.. He had tried to keep from giving packer* a. glass of anything, but lie epuldri't. They camo down at bight wet and dirty, and he had given them the liquor occasionally, as they couldn't go in the dark to Say's, which was half amile by survey, .' : 'f > • The Bench: said the packers were different to 'any, he: had ever seen if they wouldn't 'ganalf-a^mile for a glass Pf grog. Mr Say had beeri struggling there for aome time and it would be unfair to him and others riot to punish those who sold without a license. There was too much sly-grbg-sellin'g going on. ' :-

I'JEEMITTIN(x SLY GBOG SELLING. Alexander Hogg was charged with that

he did unlawfully suffer alcoholic liquors •to Be sold on his ■preniiaißß:"atvPdririv-i with-'' outbeing licensed so to do ;in accordance ■^I?.efendaW:plea4e'd^6tiguifty'."'' ::Mr YBullen. asked^^rmission of the ■Bench to withdraw ttie charge. Permission was granted, and the .case wai'dismiseed. FORCIBLY. ENTERING- PREMISES'. / Thomas-Spencer and/Ifrederick Mayho were charged with forcibly and unlawfully ( taking possession of the premises of one Frederick Bennett, at Parawaij on the 28th day of May, 1875, and did unlawfully •■expd"-thd-"-said"-Fire'deriek J? f-B refin'eti;i' K:v*lie v same being an indictable offence. Mr Macdbnald appeared , <fo>'; com-l plainant; Mr Tyler to watch the case fordefendants. ■'"''■ '- - - ■"'■ - .Mr Tyler asked that defendants might be allowed to sit down at the stable. j, = I His Worship said if it could be sKbwn that it had been done before? he would have no objection. Mr Tyler said it was done in a case of felony, no less a caso than the Tichborne, where accused was charged with forgery jand conspiracy. ; •>' v .. x jh.-}i: , Permission was granted. :" Mr Macdonald stated the case briefly. He said that although he had to try and make the case out for his client, he did ; not wish to assume that the circumstances were of such a nature that defendants could tot look? their; fellow 1 jmen! in'-the face with the "same confidence as ever. There was no moral delinquency attaching to what had been done ; the circumstances constituted^ he afcsunied, a breach of a provision made for the protection, of the rights of property. , '. His "Worship said it would be un-' necesiiary to elaborate the case in that He Had nothing Jto do With the jthan Jfcb ?form an opinion whether a prima facie case; were made out. v ,j?i

•Mr Macdpnald wpuld t cpntent rhimself, then with merely stating that the .evidence' would go to prove that oh the 28fn May the'two-defendants/with others, had been! concerned in forcibly entering and eject-, ing Eennett from premises of which hei held lawful possession, but he had in-, tended 'to sayj that; those circsumstances,; even if proved, were not such as would expoie the defendants to anything liVe public opprobrium. . ;; , , The first witness called Was Bennett.

Frederick Bennett, on oath deposedr^ That he was a gardener, and was residing on the 28th May in a house at Parawai Gardens.. Had resided there about 12 months, with hia wife and family.. The rhottia w£s furnished. On : the 28th Mdywitness and family were in" the house. The doors wera fastened, becamei Mr ( Spencer, had said he would come with a; number of mien to turn witness out. Mr Spencer came on that day about three o'clock in the afternoon, accompanied by Mayho, Mason, Crick and Onyon. Onyon was in Mr , Spencer's, employ. They had a horse and dray there. Mr: Spencer and others demanded admittance. Witness replied, " Not if I know it. ISTow you ar» on the outside you will have, to stop." Mr Spencer applied^ witness; for an axe, and witness wa3 half inclined! to give it, But thought better of it. They then made 1 an entry by the back idobr. It was secured by a bolt and a rope. The; bolt was driven home by a hammer andi tied with^ fppe. The door opened outwards". This%as broken open, and they (defendants) .came in, and turned! • witness, his family,,, and his goods out. The goods were carted away in the drays! i brought by the defendants. The document produced marked A was given to; ! witness the night before ejectment at the j■ Jfcpb Spy >Hqtel ? by, Frederick Cassuu iname was fstruc£<fbut of tha£ 'document when given to him i The signa-i tures to the. document produced, markedB, were those of Cassin and witness.Witness was the Bennett referred to in that document;.,, and .Cassia. the,person,.who received the documenl' marked A. ; •i- 1 The witness was ; not cross-examined. William Henry Crick on oath deposed ,—That he resided at ■ Parawai. He was ik?s»ttler, ;formerly bailiff of the Resident Magistrate* Court here. ; Knew Mr , Speimcer.' He called upon witness on the 28th May and informed him that hernras about to:eject Bennett from his premises,; .and that he expected some men and drays . fromlShqrtland |to take the furniture' away. Witness accompanied Mr Spencer some time after to the Parawai Gardens. At'l the.i.time d£ ;the" cpnv^rsation Mr Spencer asked if a house they were near belonging t& witnesswas tolet. -Witness he-could not give an answer as there; "was a pers6n'aegoeiating> for the purchase.' ;Mr; Spencer mentioned that he wanted t^xe^user'tp^uf^wviiett and iis things Into/ Mr^^^Spißncer'mßrmed: witness that he had toldJßenneff if'he;left;.the place Quietly He: wo^fp^^l^fir^/week'^ ren^;;'MfteTiwaiting i;so|^|ptle;^ime at, ■^^&n^:'(^Men^pW^§ot^^i^^''' exWected^camerap and Jli<^i|[|p®!eeded tp Bennetjt'ii ftpuse. .■^tft^l6:^|he back door off Bennett's hojase.;/ MrSSpencerr r called upon Bennett to" open the» door.;. Bennett replied from the inside " Not if I know: it." :T MrSpentjer then got a, piece. of wood (after sayingif^Benhett didnot open thei door they would break it open) and iti■efted;pne ; emlof the 'wood between the 1 '$09X. ,'the '■:, f rame/iand* forced the doo? ■.■ op'eiv ffiriMasori^to. try^ and cub;the rope with y- a; knife. Mason failed to . cut iti MayhoV.then gqt hold of :the top of the door with both hands, and with a sudden jerk broke the rope,: and lie fell back jwith the door. Mr Spencer's. man—Onyon— .was the first to enter, > folio wed by Mr Spencer and others',, witness included.; Mr Spencer then asked Bennett to; re-; mov_e:Tiis goods. Bennett refused. Mr Spencer tliengave instructions to the'men with him to>emove the goods, and the, goods were removed and placed on the dray. Witness then told Bennett'he •could' remove the goods into witness' house. '■:. ; Bennett and ' his; family were afterwards ejected. 1 Witness went to jfofrs Bennett and said sha had bettor :go away with the first-load. Sho replied that 'she would do njotlittig of the. kind; witness would v.have to put her outi Witness declined, but, said somebody; elsi9 would do it. . Mason, then went and offered his arm politely, and.Mrs Bennett took it and went ;out," followed'by-the children. Mr Spencer and Mayho both assisted in removing the furniture. This witness was not cross-examined. ' John Brooks Masori deposed—-That he was bailiff' of the District Court.,.. ,On the 28th May last saw' MrSpeiicer. Witness said he was going out to Parawai .Ga,rde'ns> Mr Spencer said it wasriot necessary for witness tp ; go. out then. He would go out himself at 12 o'clock. Witness arranged to go with him. The businessman #ha| unless Bennett went out by 12 o'clock ~hp was to be put; but Mr Spencer, witness and. others. Mr Spencer said he would bring a force of men and eject him. Witness

said •hejwould have nothing ; to dp with fighting;6r forcible entry. ; Mr Spencer said the deed gave him a right to enter and eject i after 24 hours' notice. Witness told him he*>. could see a Supreme Court case sticking out. Witness went out in a;'buss and was at the Parawai Gardens in the afternoon. ■;.:Mr Spencer, came' up afterwards, arid said he had some men coming, and if Bennett did not go but he would have to bo put out. The. drays came out and some men with them, amongst others who wore there being Crick, Onyon and Mayho. (The witness here described the particulars of the entry,--: which was substantially -the • same as derailed by the witness Crick) Witness said'he put/Beinnett Qtit, taking him* by the collar. -

-The Bench asked witness'hbw he happened to escape being with the defendants. He was surprised at witness and Crick; two old bailiffs, having anything to do with such a case. -

Eobert Bullen, sworn, deposed—That he was Sub-Inspector of Police in charge of the Thames district. Knew Mr Spencer. He came to witness on Friday, 28th May. " ; He said-he had re-entered the Parawai-Gardens—that Cassiri went out quietly, but that he was then going out to eject Bennett and in doing so he feared there might be a breach, of the, peace. He /wanted to know if witness would give him a couple of constables. ■ Witness declined to do so unless he produced some legal process authorising witness to act. AfrjSpencer said he; had;nb process, but intend to eject him under the lease. ''■ '! The deposition's were then read-over by the Clerk of the Court, and theE.M. read the usual cautions to the defendants, who replied'that ..they hadpothing to s«y. *" :;: "* Comuiitfced fortrial' at theneit sittings of the Supreme Court at Auckland. Mr Tyler then applied for bail. The application was granted—Spencer, £100, and oiie! surety bf:£l00; Mayhb, £50,; and one surety of £50. : Mr Puckey became bail for Mr; Spencer, and Mr.Hollis for Mr Mayho. \ The Court adjourned. * • .<