R.M. COURT.

Wairarapa Daily Times, Volume 5, Issue 1391, 30 May 1883, Page 2

R.M. COURT.

:.;MASTEiRTON-THIS DAY. (Before Messrs Biah and Toomath, J.P.'s) James Olayson was charged with unlawfully, assaulting Louis Holmes, a bailiff, on the 26th. inst, Mr Beard appeared: for the informant and Mr. Bunny, for the defendant. Mr. Beard, in opening the case said that he did' not claim that his client had sustained any serious bodily injury, but his official posiiion aggravated the offence. On that ground he would ask the Court to inflict a heavy fine,

Louis Holmes, sworn, said: On the 22nd of January I was authorised by Mr Cockbura to distrain the goods of Mr Olayson, and proceeded to take possession and make an inventory of the goods. I remained in possession till Saturday night last, when Mr Olayson gave me a notice to quit, an on my refusing,, he caught hold of my arm and put me out, I did not resist as he was a stronger man than I. To Mr Bunnv: Iserved- the defendant with a copy (of the 'warrant, and on theiollowing day! gave him a copy of the inventory. He gave notice to quit on Saturday about naifpast ten. _ Olayson used no.unuecessary violence in putting me out,' I do not, know who laid the present information." I have not signed my name to any paper. (Information produced) I signed that paper, but forgot ahout that. Mr Bunny: Are you sure you have not made a mistake about the inventory. Witness: No, I was not told.to' lay the complaint, Mr Cockbum told me to go to Mr Beard. Mr Bunny submitted that the information must be dismissed because it was not shewn that Mr Oookbum had a right to distrain.

Sir Beard replied that the document affirming Mr Cockburn's title had been put into Court, and admitted by Mr Bunny without protest. Mr Bunny said there was no proof of Mr Cockburn's signature to the document in question,.. MrToomath said he was not able himself to say that the signature to the document was Mr Cockburn's. If he knew this signature he would hold the point proved.' Mr Bunny said he did not admit the signature of Mr Oockburn, because the document was put in. Mr Beard's argument was a most preposterous one. In a criminal case the best possible 'evidence must be adduced on, every i fact. . MrToomath: I am not with you Mr Bunny. I consider the informant had a legal right to enter the premises, but I do not consider the status of Mr Cockburn has been proved. Mr Beard, in reply, stated that the moment a document was put into Court it .was executed, and that the time for objecting to it passed when his friend admitted it, Thfl Court ruled against Mr Bunny. Mr Bunny submitted that Cockburn had leased to Mr B. G. Williams, and that Clayson made his arrangement with the latter; also that the amount of rent due by Clayson could not be defined. • -Andrew Cockburn, called for the defence, stated that he held a lease, from the Trustees of the Maaterton Town Lands, on which the distraint was made. He arranged to let to Mr' E. G. Williams the shop occupied by Clayson. The lease was drawn up and signed. Had not applied to Mr Skipper for it. Had come to an' agreement to let Clayson have two. shops as : a weekly tenant. Clayson was in possession of the premises before the agreement to let by the week was made under arrangement with Williams. Williams was out of the premises when the arrangement was made with.Clayson. The arrangement with Clayson 'was. made in the street. Heheard Mr Brown arrange the .terras.. Clayson was not in the place under arrangement with Williams,'as the latter was hot in legal possession himself. The making up of the account ■was left in Mr R. Brown's hands. j>: To Mr Beard; Clayson was a weekly tenant, :and paid some rent. Could not say how much. Mr.R.,Brown, sworn, deposed,' he was a agent residing at Mastertoh, and acted as agent for Mr A. Cockburn, for shops in Queen-st. These were first let to Mr Williams, saddler. Was not aware that Clayson. had leased from Williams, but was aware Clayson occupied one'of; the shops for ; some time during Williams' lease. Clayson was not occupying the premises up to the present time'imder Williams' 1 lease,- Witness made the brangeritont with Clayson on'behalf. o|fCqckbum. :who /■was.riot? present 'aithe'filial arrangement, Thr rent waV a-weekly .one of £\ 5s sor one shop,••', and LI: for the other. The .'tenancy commenced about thirteen ■months, ago'.. vMr Clayson had paid L 6 and • Mrs: Clayson L 5 on account of rate. . : - ■•■.:::■:.■ , To Mr Beard; I told Clayson I wanted money for Cockburn.'.- Clayson never disputed my right to collect the rent for Cockburn. Cockburn was present on one occasion when terms were mentioned. There w6rd Beveral conversations about the matter. -tyThe Court then adjourned till 2 o'clock.