STRANGE EVICTION CASE.

Daily Telegraph (Napier), Issue 3760, 3 August 1883, Page 4

STRANGE EVICTION CASE.

[by telegraph.] Auckland, This day,

Aii eviction under circumstances of a most sensational character occurred yesterday in Syniond-street at a mud hut which has stood in the Roman Catholic cemetery, close to the roadway, for a great number of years. The hut is said to have been the residence of the Into gravedigger (Walsh) for thirty years. After his death took place his wife, who is now an aged woman, continued to reside there with a portion of her grown-up family. It is said that rather O'Sullivan, 0.5.8., who is now in Sydney, promised she should be allowed to remain in the cabin during the remainder of her life. This promise has not, however, been fulfilled. Within the last few mouths letters have been sent to the old lady, ordering her to quit. The reason alleged was that the house was becoming one Of low repute, but this assertion is denied by the inmates. Besides Mrs Walsh, the cabin has more recently been occupied by a young man named Elliott, who is her son-in-law, with his wife and children. In reply to the notice to quit, Mrs Walsh asked for leave to remain in the place as was promised, pointing- out that, she was engaged for cleaning the church and ringing the bell. No further action was taken then,, but some days ago Mrs Walsh left for tho country, and immediately afterwards Elliott received notice from the hon. secretary to the Catholic Cemetery Board to tho effect that unless he removed and cleared out all properties he might have in the building before noon on the 31st of July the building would be pulled down and he would bo prosecuted for trespass. Elliott says lie went in search of a house, but could not obtain one, and consequently on Wednesday afternoon he was still in possession. This was the position of affairs when the gravedigger and two laborers arrived, and, without attempting to remove any of tho furniture, pulled the supports of the roof away. This was done in such a manner that the heavy roof collapsed, and falling inwards buried the furniture and household articles in a mass of debris. Constable Dewcs was on the ground, but, in obedience to instructions from liead-quai-terrY, he did not interfere. The event caused quite a .sensation in the neighborhood, and until a late hour in the night crowds of people wore gathered round tho enterancc to the hut, discussing the occurrence in terms of the most severe disapprobation. Mrs Walsh, her daughter, and the children were weeping in the dismantled hut, while Elliott himscif was outside explaining to the assemblage of listeners his version of the affair. Ho said that the whole thing was a persecution because he had repented of his evil course and had joined the Salvation Army, and that had it not been for this action on his part they would not have been molested. Tho family remained in the hut all night, but yesterday Elliott secured other lodgings. The Cemetery Board completed the work Of demolition yesterday afternoon. Their action has been soveroly criticised, and one gentleman has determined to test the legality of their conduct. Counsel has been engaged, and informations against the three men have been issued. The first is a summary one, and charges them with wilfully committing damage to and upon certain personal property of a private nature belonging to one Mrs Walsh, the damages being fixed at £20. Tho offence charged in the second information is one of felony, but the police considered tho case was not one in which they should proceed, and hence tho prosecution will be conducted by private individuals, a lawyer being retained for the purpose. Three informations in all have been issued against the eviotors, and Mr H. H. Lusk is retained for the prosecution.