THE ALLEGED EVICTION.

Wairarapa Daily Times, Volume XIII, Issue 4074, 28 March 1892, Page 2

THE ALLEGED EVICTION.

Oharsrs of Forcible In the Masterton R.M. Court this . morning, bofbre Colonel Roberts, K.M,, Matau Firika, Petor Ooiyan, and Hera, of the Upper Plain, wera oharged on the information of Tlieo- • dore J. P, Cobb with foroil)lrtjmer< ingahoußem the possession «f the latter. : . .v _, 1 Mr Pownill appeared for the pro- "'S secution and Mr Skipper to defend. Owing to his yonthfulness no evidence was offered against Cowan, and he was discharged. Mr Pownall said the case was a peculiar one. The informant was a tenant of one Mary Elers, and it was in the exeoution of an alloged distress that the Nativfia ontored into possession of the premises. The whole affair took place between seven and eight in the morning, whilst Cobb and his wife were seated at their breakfast. They were startled by the appearance of seven or eight Natives, male and female, one of whom en» .■\^ > : : tered the house. The door was shut ."-'' r in his face, but was afterwards broken open and two Natives entered through the windows, the furniture being thrown out, It was, he considered, in outrage on European law. The consequences had been very distres- "., sing to Cobb and his family, Jifcyife, who had previously been' auflering from fits of dementia, having Bince been sent to the Asylum, The distress, if it was legal, should have been served in a proper manner, The evidence would reveal a prima facie oase whioh would bo sufficiently strong to justify- the Court in com- I: mitting the accused for trial,

Theodore J. B. Cobb, sworn, dev«^- s ; posed :lama laborer residing at '' Masterton. I remember Wednesday, ' the 16th May.. : Iwas then oooupymg , : y premises in West Bush road as a -yj. tanantof Itary.EJlere. On the morn* . : ing of the 16th I was having break- >: ! - fast with my' family when certain ; ; Natives appeared on the scene. There : . ■■■ were seven ip all, including the two -"'Xil aooused, Three of them came inside. '73 Matau came in by the door and Hera by the wiridow.; When Matau oame. . y 7 inllooked the doors against theothers, 7-3 Mj wife was ill in bed, and I did noj ;?; (mow ; what' the Natives 'wanted, - ; 33 Matau pame in through the windqw, '■. ;: 7 and after.sitting down fqr a fes&oin, \J?$ an anthorityfo dia- ' 7§ train from MaryHlers, He proceeded to take an inventory of'the things .3;| and wanted to go into the bedroom, - $ bat my wife being there I refused to ■•••■'73 let him. I stood at the door for Boma y.-M time, but my wife consented to bis 373 going in, and he did so and took an inventory ot the things. They then • proceeded to hand the things through :I :| the window, I tried to ( prevent 777= putting 'some of the 1 things 1 , through ■• .3;7; the winu6w.';:lxerft!iheu f .got hold of me ffrom■ outside ■ .Whilst Matau held meinside. Cowan ;■■/•§! handed the things through the wm?.. '-XM, dowto the oth'fr Natives.' 1 Mafau 33771 told me it wbulcl be better fbrmo if I ■■ : *^|l

kept quiot. .. Ou being reksed L opened Iho door and told them to put the things out that way instead of through the window. A piece of firewood waa placed at the front door with'the apparent intention of bursting it open. 1 did not interfere with Matan whon he was taking the in-, venlory. Ho was shouting to the Native* outside, and as my .wife comk plained of her head I told him to * desist. I received no notice as to where the furniture was being removed. I have a wife and threß children. The disturbance upset my wife vory much indeed, and she has since been sent to the asylum. By Mr ijkipper; When MaUu came in the door was open. There was no damage done or violence used. He walked in in a quiet way. Ho sat down and cut up his tobacco, and (lien handed me a note from Mrs Elera, demanding'the immediate payment of rent under threat that other proceedings would be taken. I said I could not give them any numey then ns I had none. I was i lien handc.l a ' warrant iif-distress. 1 'cannot say who opened the window. I did not try and prevent their taking the tables. I did not draw a knife to Matau or any other person. This was iho case for the prosecution. Mr (skipper maintained that there was no case to answer. The warrant had been issued iu a lawful manner, ji and there was nothing approaching ** forcible entry. If called upon to answer tliecase he would brin» several witnessoj whose evidence, would put a different complexion on the whole affair. Mr Pownall addressed the Court at some length for the prosecution, submitting that a forcible entry had been shown, and quoted authorities in support of his argument. The Bench decided to hear evidence for the defence, Matau Pirika deposed to having served the distries wariant upon Cobb as directed by Mr Skipper. He entered th'i houio with Peter Cowan, | but used no violence. [IEFT SITTING.]