The Terminus Hotel Fracas.

Star (Christchurch), Issue 5165, 21 November 1884, Page 3

The Terminus Hotel Fracas.

» j RESISTING THE SHERIFF'S OFFICER. ' The legal difficulties which have been connected with the Terminus Hotel, and which led to a Supreme Court action between the Crown Brewery Company and Messrs Buckley and Marshall, appear to : have caused a fracas when the Brewery Company endeavoured to take possession, by the hands of the sheriff's bailiff, of the furniture, under a writ of replevin. At the Resident Magistrate's Court, this morning, before C. Whitefoord, Esq., R.M.; R. Westenra, and F. J. Kimbell, Esqs., four informations were heard for offences alleged to have been committed during the resistance which was made by the occupiers of, or others interested in the hotel, to the seizure by the bailiff. The first case taken was that against Alfred Buckley and George Hutchinson, who were charged that on Oct. 25 they did forcibly and unlawfully resist C. H. Parker, bailiff of the Sheriff of Canterbury, in the execution of hi 3 duty — an indictable offence. Mr Kippenberger appeared for the prosecution, and Mr Austin for defendants. Mr Kippenberger having explained that the offence was one of common law, called the following witnesses : — C. H. Parker : I am bailiff of the Sheriff of Canterbury ; have been so for about two years. I produce a writ of replevin issued by the Supreme Court on Oct. 24, and other documents in connection with the replevin. Received a warrant from the Sheriff to seize the goods, and on Oct. 25 I went to the Terminus Hotel to execute the warrant, and went into the billiard-room. There were a number of people there. I asked aloud who was in possession in respect of the rent due to Buckley and Marshall, for which I held the writ of repleven. Cochrane came forward and said he was. I told him I had come to replevy the goods and hand them to the Crown Brewery Company. Buckley was present. Coehrane showed witness a warrant of distress (produced) signed by Buckley and Marshall, and said that was what he held possession under. I read my warrant to Cochrane in Buckley's presence, and showed them the seals of the Supreme Court. Buckley got off his chair and said not an article of furniture should be removed from th e place ; that he would smash anybody who attempted to take them. He then called upon some men to help. At that time my two men came in. We started to take a sofa out of the billiard-room, got it into the passage, when Buckley and two or three of his men caught hold of the legs and pulled it back. I cautioned the men not to interfere and they desisted, but Buckley kept up the resistance for half an hour very violently. In the passage I tried to read the warrant to him again, and begged of him not to interfere with me. I took out about 20 articles of furniture in half an hour with the assistance of three carriers, two other men, and

myself. Buckley frequently threatened to smash every article that was left, and made a rush at me to try and knock me down. I had been there about a quarter of an hour when Mr Hutchinson came ; he began to assist Buckley, I told him I was acting under Sheriff's warrant, but he said we had no right to touch the goods, and pulled away at a sofa with Buckley to prevent my men taking it out. This scramble lasted about 10 minutes. Mr Hutchinson had a spill, and when he got up asked me iif I would read the warrant to him. I did I so, and he then advised Buckley not to I interfere further, but to see his solicitor, as the papers seemed in order. That was I the end ol the resistance. Buckley had | tried to shut the hotel doors, but Sergeant Wilson, who was there, would not allow him to do so. There was a crowd of about 150 people collected. Cross-examined : Had no permanent appointment as Sheriff's bailiff. I had to find a bond for .£IOOO before acting as such. Had special instructions in each case. Did a deal of other work for private persons. In this case had had no special instructions other than to execute the warrant. Had had a previous repleven at the Terminus Hotel. Believed the Crown Brewery were in possession under a bill of sale on both occasions. When I made the previous repleven I handed over the goods to Mr Louisson's man on the premises. I did not on that occasion attempt to clear the goods out of the house, because Mr Louisson then wanted them left thejg. Heard that on Oct. 22, three days before I seized the second time. I know the Crown Brewery Company made an attempt to clear the goods out under the bill of sale. Mr Austin handed the witness a paper.) This is a notice of repleven to serve on Mr Buckley, which I handed to him nearly half an hour after I came in. There was an inventory served with it. I had to check off the inventory before I gave the notice. Mr Hutchinson had a great coat over his arm. Two policemen were there, but they did not interfere. ' There were two or three carts outside the door engaged to receive the goods for Mr Louisson. Had no indemnity for costs from Mr Louisson. Walter Stringer, Barrister and- Solicitor of the Supreme Court, produced bill of sale dated July 24, 1883, between George Stephenson Marshall, on the one part and the Crown Brewery Company (Limited) on the other part. It is over all goods then in the Terminus Hotel. Also produced an affidavit verifying the copy of the bill of sale put in. A. R. Bloxam, Registrar of the Supreme Court, produced the papers in the bankruptcy of G. S. Marshall. He was adjudicated a bankrupt on August 30, 1884. The bill of sale referred to by Mr Stringer was filed on August 7, 1883. Also produced certificate of incorporation of the Crown Brewery Company. Cross-examined : Was aware that an action was pending in the Supreme Court between Buckley and Marshall and the Crown Brewery Company concerning certain furniture at the Terminus Hotel, the right to which was disputed. Charles Louisson: I am Managing Director of the Crown Brewery Company. Had Messrs Friedman and Manning in possession for the Company at the Terminus Hotel on Oct. 22, under bill of sale in which default had been made by G. S. Marshall, who had left the district, and been adjudicated a bankrupt. Was at the hotel on Oct. 25 when the sheriff's officer went to execute the writ of replevin. Saw Buckley rush at Paiker and try and put him out of the front door. I went and got Sergeant Wilson to come. When I returned I saw Buckley resisting Parker's men, who were trying to remove the furniture. Heard Buckley say he would smash everything they attempted to remove ; that they would have to take the things away in pieces ; he went on like a maniac and deliberately smashed a table that was being carried. I had insisted on the goods being deliveredt3ine at the door. Saw Mr Hutchinson in the melie, but can't say I saw him taking any active part in obstructing the removal. [Left sitting.]