THIS DAY.

Auckland Star, Volume VI, Issue 1681, 8 July 1875, Page 3

THIS DAY.

His Honor took his seat at 10 o'clock.

SENTENCE,

The prisoner, Thomas Brown, charged with committing an unnatural offence, was brought up this morning to receive the sentence of the court. His Honor, having briefly addressed the prisoner, sentenced him to a light punishment, partly on account of his youth and partly on account of the recommendation of the jury, viz., three months' imprisonment with hard labour. FORCIBLE ENTRY. Thomas Spencer, who had been liberated on bail, was arraigned upon an indictment, charging him with unlawfully entering the premises of Fredrick Bennett, and^ seizing certain goods and furniture, contrary to the spirit of the lavr. Mr. Brookfield appeared on the part of the Orown and Mr. Eees for the defence. Fredrick Bennet deposed that he was a gardener by profession, and on the 28fch of May last, he was in possession of a house and gardeijs in Parawai which he had occuvild for twelve months under an agreement with William Henry Casson. (The agreement was here put in apd read). Mr. Kees contended that this was not a deed but simply an agreement, and that, Bennett was acting in the capacity of a servant. . , ~ j Witness said he occupied the gardens as a partner, and hot as a servant. On the 28th May he boli-r! the house and secured the entrance to the gardens, in consequence of a notice by Mr. Spencer that he was to clear off within a few hours. The notice was given to him by Mr. Casson's brother in the Bob Boy hotel , m Shortland ■ (notice produced and read). He saw Mr Spencer, and told him that he ehould take no notice of his paper, nor should he clear out within twenty-four hours; Tie, Mr. Spencer, said, if he did not clear ant.by twelve o'clock that day he should brmg an army of one hundred men and forcibly eject him j he replied that hn would face* five hundred. He went to il - Millar, solicitor

for advice, and acted upon it. At three o'clock, defendant and a number of men came up to the house, and Mr. Spencer, in a loud voice, „demanded admittance, he replied from inside, "not if I know it, Spencer, don't get in here." The .doer was foiced open, when in walked Mr. Spencer followed by others. Mr. Spencer asked him to pack up his goods ; he refused, when Mr. Spencer hinted that he (witness) was a fool He was collared by a Mr. Mason, and the goods were handed out of the house on to a dray and taken away. To Mr. Rees—He was not aware that. Casson had. given up possession to Mr. Spencer ; he did not say that if Casson had given up possession he would go out at once, he was aware that Mr. Mason was the man ia possession at Casson's house, and he called at his house simply for a cup of coffee, not in his capacity as baliff, and he gave it him; it was given in a christian-like, , spirit, (a laugh) he was the* prosecutor in this case and no one else,. William Henry {Crick, settler, of Shortland, remembered the 28th May, when Mr. Spencer told him he was going to eject Bennett, and would he lend a hand ; he replied, if it was likely to be a hot case, he would rather not ; he assured him that no blood woukl.be shed, and he consented to go. Witness then described the result, there were six of them in all, Mr. Spencer buist open the door with a piece of wood which he inserted between the door and the frame ; he gave it a sudden jerk, and the door flew open, and Mr. Spencer fell down. The goods were then removed as stated by prosecutor, and he allowed Bennett to place his goods in a cottage of his. Bennett and his, wife followed by tin ir fa-mily-thea walked out and went to his cottage. To Mr. Kees : There was no violence or threats used beyond the breakng open the door. He was astonished when the indictment was read to hear of sworde, guns, and sticks.

John Brooks Ma^on, Sub-Inspector Bullen, and William Henry Cussin also gave evidence.

Mr Eees then addressed the Court, quoting from Lord KeDyon, Mr Justice Coltman, and other hk>h authorities, to shew that in this case the ptosecutor|had no lawful possession, but that he was merely the custodian of the house, of whichCassin was the real occupier. The jury found,the prisoners guilty. Mr Spencer was fine'! £15 and May Is.

The Court adjourned till Monday at ten o'clock.