RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2832, 13 March 1878, Page 2

RESIDENT MAGISTRATE'S COURT

THIB DAY. (Before H. Goldsmith and A. J. AJlom, Esqs., J's.P.) ASSAULT. William Deoble was charged with unlawfully assaulting one Mary Halliday at Eolleston street, Shortland, on the 7tb instant. Mr Brasaey for the plaintiff, and Mr Miller for defendant. Mary Halliday, sworn, deposed—l was residing in Bolleston street, in a house belonging to defendant, on the 7th inst. On that day, he baring previously given me notice to quit, I was removing the things. Defendant came up and said he would not let me shift the furniture until tbe rent was paid. I said I would stay, then. He said I should not. I said I would let him have my husband's watch and chain as a security, and he would not take them. I gave a kit of things to my daughter to take out to the dray in front of the house, and Deebie pushed her in. I then took the kit of things, and Ihe pushed me too. I had just paid the rent two days previous. By Mr Miller—Beforo Deebie pushed me he said L should not move anything until I paid the rent. I had got notice j to quit a fortnight previous. I owed a fortnight's rent. Mrs Owens got all the little boys to beat tins when I was going out of tbe house. Sarah Newson, sworn, deposed—l reside next door to Mrs Halliday. On Thursday last I was on the footpath in front of Mrs Halliday's. Deebie was in front of the house, and the girl brought out a kit of things.- Deebie pushed her back, and then her mother took it and was pushed back too. Sarah Halliday, aworn, corroborated the former witnesses' evidence.

By Mr Miller—Mr Deeble did not touch my mother before she attempted to move the things. Mrs Newsou ultimately paid the rent. Mr Miller submitted that no ass&ult had been committed, as a landlord had power to use due force to prevent goods being mored from a house on which rent was due. It was for the Court to decide whether due or undue force had been used. However bis client was prepared to bring evidence that no assault bad been committed at all. Case dismissed with costs. - Another cuargj brought against the same defendant by the previous plaintiff's daughter was withdrawn. CHIMNBY OK FIBE. R. H. McGregor was charged with unlawfully permitting the clinney of the

house occupied by him in Pollen street, Grahatnstown, to take fire. Defendant pleaded guilty and was fined 5s and costs. Court adjourned.