ASSAULT CHARGE

Hokitika Guardian, 14 October 1931, Page 6

ASSAULT CHARGE

/Bv Telegraph —Ver Press Association)

WF.IriJNGTON, October 14

Rupert Fred Torpy was charged to-day with assaulting Fred Burnett and resisting Constable Kemp in the e.xcution of his duty and wilfully breaking a pane of glass valued at £1- ss, the property of May Beatrice Cutler, The police stated that Burnett, a bailin'. went to a boarding house in Ghuziice Street, under instructions of a firm of solicitors to distrain for rent.. An altercation took place between accused, a boarder, and the bailiff and a constable was called :u. Defendant tesisted the constable and another was ctih’cd and in the course of the struggle a window was broken.

Giving evidence on behalf ot defendant, tile landlady said She had paid the bfiililf £5, which was owing for rent, but lie had .then demanded 15s for lus day’s fee and said he was not leaving until he got it. Torpy came and told him to go' and the bailiff struck lorpy. This started the affair.-A-..

Giving judgment, Mr Page, S.M. said that it was clear that a warrant to distrain was for an excessive amount and consequently it was unlawful to distress. The owner of the house had admitted only £5 was owing, but the warrant authorised the baiiiiti to d strain lor £7 10s. "I think the bailiff had no right to remain oil those terms demanding to stay until he was paid his fee of 15s, to which he was not entitled. He became a. trespasser, and the occupants of the house were lawfully entitled to ask him to leave or tailing that »to put him out. 1 think it was their efforts 'to do that which caused the trouble.” All charges were dismissed.