R.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4404, 27 April 1893, Page 2

R.M. COURT.

(MASTEBTON—WEDNESDAY). (Before Mr Hutchison R.M.) MiSTERXON—WSDNES9AT. (Befere.Mr Hutchison, R,£f.) TsBOPASS 4SD HAIiICiOUS lEJBS* M *SOPEBI¥, - HejEBSM V. FKi-SEH,

Aogaa Fraser was charged on the information of Jesse Herbert with having forcibly entered on tb» property of the informant, and is&w&g broken down the gate with his traction engine. ' Mr Bunny appeared for inform&s£, •ad Mr Powaali for the defendant. Mr Bunny.m opening the case, detailed the manner ia which the ■ offence had been eommittedggw, Jesse Herbert seated defendant came to witness" property oa the 4th in»t.,'shortly after sunrise " with two engines.'' Witness opposed his being there, and stated that if he {defendant) wen.* &rthar- witness would take isgsi proceedings against hia. Witness mad* the gate last, and in eotap&oy with a snan a&med Fseld, waited there to defend bk position. Fraser was driving the engine, and by driving it against the Rate broke it ekan away, gad dssseged it to 0» esieat of MB. bad gone to iritstssss-a hvr iats previoiM in reapect to salting thsjasss crop oa aceoaat of time Whita wm wtsls said he ] aatil the hack rest* was paid. DsJeaifiJ daot iasw that" witness had actifaJ[f« that trmmm wsld h> pteassatadlfe = By Mr Powell: Sh s B rop was *F*- ~ and stwsd bv White, <aho was m ■MHHlvmrnxnoi the house suites date th« cfei«3 Witaesa kaie assasaaasa JfUft-Sviu «b the whsee, %v$ i n of Ibe fcrsa. &dfflattaksa oeoisjaas&ssa, that hit had a a«s ! **»». WvtkM Widte to it» W» lraat,'l«|Ji| wooldnot r wosali sot Miiima. the pises. 3»s£* W6»i e*S»sr awa»t.of the nnrarfcy-. Cswt s&^sd

issued any distress, or takonany legal proceedings to regain possession. Ho notifind defendant und Mr White thasbe would do all he could to prevont their going through tho gates and but for tho traction cngino ho would have done his bast to mist thorn, A similar new gnto could not bo plaocd thoro undor 18. Witness did not remember offering a sum of money to White to give up possession. He had no ill-feeling against Fraser. By Mr Bunny: Notified Mr White and entered into nominal possession in Octoborjast. SfljwWreld corroborated the evidence of informant in regard to tho forcible entry. Defendant ran the cngino through tho gate »t tho instance of White. To replace tho gate in tho same position would cost 263 Gd. '■■".-;■

This was the case tor tho prosecu lion. . i: ;

For the defence Mr Pownall said that the defendant was not. aware., of the relations of tho parties. He was not in a position to know which of the pnrtica was in tho right, Hind took, it for granted that -.Mr White 1 was; in possession. Consequently ho elected Jo act on the order of Mr-White.- Seeing notdistriuned andhaanot.taken legal proceedings to eject Whito, it was quito natural that the defendant would take it for granted that White was still.in pos,session. The question he would submitwas thatwhotberdetondant rightly or wrongly entered the property, if ho believed ho was right in .'going? in: at tho request of. Whito, it could uot.be called malioious Pownall quoted authorities iii .support'of ■ bis. contention that the qusstiohf of i. title-' barred the jurisdiction bf'this;Court.; Ho would ask tho Court'ttbJeiidu. % the exemption in the 52nd.) section: of.. the Act applied to' this casd,-..' ' '.'; His Worship ruled that it did : not. Mr Pownall said he would also.'Ssk: thnC!ourttq.fiettl6 to whom the; fine bo mado p;iya!>liy us tho imorinanTwas not the sole 'ow.ne.ri;; ifn this respect the information; was' 'defective. The other.. owners.:.wi'ro.not before tho Conrt.-vi;:) "u

. AngusFraser,deferidaht.BlQtetlilie. damage done to.the gate ;...wasJf2*;\Gd or 8s for tho staple pulled, out gate, which could: bejtralghte'u'eo 1 I by; laying itou the ground over it. Ha did notiwilfullyidestrpy the gate. Be weiit-.througb'' at the request olMrWhite;y ; o a ~,,.; By Mr Bunny : Mr: Herbert preV viously told witness ■not'Jtp. 'trespass on the property, nud ..-that, lie. (would not allow him locome on tho ground. By Mr Pownall: When be had the conversation .with I ''the' informant'White and Herbert, were 'quarreMitigl over something, and Herbertjtojd iiini i not to come in. ■ . ■

Wm.Whitosaid repair all tho damageito ib'egate, All the gates were bent^hen;;hb; ; came there, He had straightened the jot of them. Witness ordered Fraser to go through the gateK}He : -:was. p. prisoner so far that ho or ingress. The crop was not; sold to Fraser at this time. '^V''-:*.-**

His Worship said iCwssclearlhaf; the defendant has entered'-omt.bejro-, party wrongfully, >lherV;';was''-i-rio doubt in his inind tliattheexeraption; did not como within: .the.sectidhybut as ho thought thatJinfbrmanl'had acted somewhat harshly >to defendant, he -would dea^itLtho 1 case, under eection 6G. Er *oil4e only:indepcn r tliedamogo mb assessed at 263 6d. he would order .that defendant be convioted end discharged on payment of this amount: with; court costs 7s, witness ■■■'expenses: liV' and solicitors fee £1 lev-"'- '""-' '"■

On a second informationi .Angus' Fraser was cbarged that on the'; sth April he did unlawfully; ;nnd; mal? iciously destroy a gate tho'pcbpetty of; Joasa Herbert. " l r

Defendant pleaded : hot/guilty ahdno evidence being offered tho infer-. matron waa costs of Court 2s, One. witness- 305,, and solicitor's fee £1 ls.y^'"-