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Auckland Star, Volume II, Issue 460, 1 July 1871, Page 2

THE EOLLESTON-STBEKT EIOT. 1 John Quinlivan was cLavged yesterday at the Thames Police Court with forcibly, entering the dwelling of Joseph • .Ardern, in Kolleston-street, and forcibly expelling Joseph Ardern. Mr. Dodd and Mr. Miller appeared for the complainant; Mr. Macdouald aud Mr. Tyler for the defendant. ■ Joseph Ardern deposed that he was a joiner, Jiving in llolleston-street. He was the lessee of certain premises in llollestonstrect. On the night beforo last, tho 28Lh,- ho was in possession of certain promises in Eolleston-street. While in possession ho saw defendunt outside the door. When he saw witness he held up his hand, and threatened witness. He tried the front door, but could not get in. He then went to the back door, and burst it in, breaking the hiuges. Defendant seized him by tl'ie beard and shook him., striking and kicking him. He ncsttojan«) , u .i.-M~ : ..i- -V iJC^iciiuanE minting liira aboTrt the street. He forcibly ejected witness from tho premises. At the time the door was broken open it was locked. Both front and back doors were locked. It was between half-past two and three o'clock in the afternoon. Quinlivan was the worse for drink. Witness held the property by a lease from the natives. He did not give the defendant authority to smash in the door and take possession of his property. Defendant said, while he held witness by the beard, " I'll have your liver out," "I'll have your life." In re-examination, witness deposed that he got possession about three weeks ago, and was in undisputed possession up till last Saturday evening. ■, J. M. Cowell deposed that ho was a storekeeper residing opposite the premises in question. On tho 28th he saw defendant break in the Lack door of tlu premises with his foot. Pie saw him break in several times during the day. Witness could see defendant in the front shop. He was much excited. William Newman deposed that ho had been summoned for breaking into the house on the Saturday night. He was in possession of the house on the Saturday. Iv cross-examination witness dt-posed that he left possession to attend to the summons. Before he withdrew from possession Nolan was put in possession for Mr. Slater. This concluded tho evidence. The defendant's solicitor contended that Quinlivnn's entry could not bo regarded as a forcible entry, as there was a man inside iv possession for Slater, with whose concurrence he entered. The eviden.ee wi>3 read over to the defendant, who reserved his defence. Prisoner was then commif led to take his trial at the next sittings of the Supreme Court in Auckland. Bail was allowed, prisoner himself in £100, and two sureties in £50 each. Two other charges against tho prisoner, of assault and threatening language, were withdrawn.