POLICE COURT.—HAMILTON.

Waikato Times, Volume XII, Issue 982, 8 October 1878, Page 2

POLICE COURT.— HAMILTON.

Monday, Ouioveu 7tu. (Before Dr. Waddinsfton, J. P., and J. B. Whyte, Esq., J.P.) Joh,n Mogan was charged with disorderly conduct and was fined i<>3, or 7 days' imprisonment m Mount ISdfcii Gaol. FORCIBLE ENTRY. Bernard Charles Bealo appeared to answer the charge of forcible entry, a Ijourned from L'hnrsday last. Mr Hay and Mr U'iNeil appeared for the prosecutor, aud Mr Hesketh for the defence. Mr Hay, m opening 1 the case, read precedents of law which bue upon it as to the value of verbal leases. Mi Hesketh applied that the case be dismissed on the ground that two offeuces had been laid on thesune iufor aiatiou, at any rate to call upon i.he prosecutor to elect as to which charge he would proceed upon. Mr Hesketh also objected on the grouud that ( lie right m the property claimed by the prosecutor did not appear m the information. The Bench considered the Court was oue simply of enquiry, and that the case should proceed upon its merits. At the request of Mr Hesketh all witnesses were ordered out of Court. T. C. Hammond, stationer, sworn, said : I hid negotiations with defendant for the premises. I had a verbal agreement to rent the place at £80 a-year ; also, a verbal agreement that I was to have a lease of the premises. I entered upon this. Dr Bjale gave me possession. The rent was to be paid quarterly. I have not paid any rent. A quarter's ivnt was due on August 18 ; no demand was made for it. On the evening of September 5, I heard that Dr Beale was likely to come into the premises. Mr Hesketth again raised the point that two otleuces wore laid m the information, and asked that the prosecution would elect upon which charge they would proceed. The Bench declined to rule. Witness continue I: I informed the policejl expected a disturbance, and was goings to keep the place with men. We remained there till after .nidnight. On leaving the pretnisss, [ fastened all the doors and windows. At 8 a.m. next day, my attention was drawn to the fact that the premises were broken open. I went over and saw one of Mr Vialou's boy's bringing away a lock. He said he had taken it off the door of the shop. I saw that the frontdoor was broken open, and Dr B<?ale was inside- It appeared as if someone had broken the p»ne of g'ass, and got through the door. The opening was about 2i x2O inches. I asked Beale what he was doing there, and told him to leave the place. He dared me to come on. I went agaiu, later on. The door was shut, and Dr Beale was standing iuside. I sail, '* Dr Beale, I demand possession of these premises." He said, " You won't get it," and endeavored to strike at me through the aperture m the door. . I then went ard laid the information. Jackson aud Dickenson were with me when I fastened up the premises over night. I had left considerable property m the shop, which I have not since seen. Jackson was with me when I demanded possession next day. JJr Bsale eudeavored to stiike at rn3 violently. i^3U a-year is movo than two-thirds the annual value of the premises. Cross examined : I left a nest of :M drawers, a quantity of bottles of essences, cooking utensils, fender, ai d other things m the shop. I agreed to| take the place atj a rent of £30 per annum, on a lease of seven ydai'3,the lasb four yeirs,-it au increased rental of .AJ4S, supposing my business reached .£IOO a month, Dr Peale was to have the free use of the consulting room so long as he chose to dispeuse his \ r scriptions. On tha strength of this verbal agreement I fitted up the 3hop, and urged Dr Beale to get the lease drawn out. He then wanted alterations m the agreement already made. I instructed Mr O'Neill to prepare a lease, embracing one of the alterations suggested, A lease was drawn up ; I saw it. The document produced is the lease. I showed Dr Beale the draft of it. I could not get a decided answer from him, but understood it would be gone on with. Ho returned the draft. E have not compared both documents word for word ; the tenor of both was tha same. I am not aware that the lease contains other clauses than those m the draft. Dr Bsale was to have the iue of the sitting and consulting-room so lono* as I carried on the business of chemist and Druggist. I tendered that lease to Dr Beale Cor signature. He ultimately decline] to sign, wan'iug v. rious concessions and alterations made m it. which I refused to make. He did not say that the lease contained other cove-

nants than tho draft contained. I was iv possession at that time, and j he was using the consulting room. Dr Beale w*s not ob'iged to come to me for the key of the room. Tlie room would have been exclusively reserved for Dr Beale had he signed the lease. On hia refusing to si-'U the lease, I Fell back on the original verbal agr. ement, on which 1 have laid the information for forcible entry. When he refused to sign the lease, I refused him the use of the room, and to dispense his prescriptions. I considered myeelf justified m doing this under the verbal agreemeat. He-examined : ]f the lease had been signed and I was carrying on the business of chemist and druggist I would have given the use of the consulting room. At the time of the alleged offence I was uot can Tying on the business of a chemist and druggist. The alteration annexed to clause 4 was mado with Dr Beale's consent. He told mo I was at. his mercy and must put what he chose m the lease. Elijah J. F.iulkcner : I was a gentlemen before I bee »me connected with this case, lam a cook now. I was emp'oyed by Dr Beale to conn.; over the punt with him ou the Gth of September to go up to the chemist' shop formerly occupied by Mr Hammond. He wantel mv to take possession on his own behalf. I went at G3O a.m. on the Gth. Dr Beale was with me. He told me he wanted me to take p©ssessiou of the shop after he had made. an entrance. Dr Beale tried the fastenings and could not get m. After trying the door, he took off his hat and smashed the glass with his fiat through his hat. He went through the hole h•. had made, and bade me follow him. 1 said, '• I am here." I remained m possession a fortnight, with the object of keeping out all except the doctor and myself, aud especially Mr Hammond. Cross-examined : i swear that I distinctly saw Dr Beale go through the aperture into the house. I will swear most positively th*t Dr Beale, and not J, bro'ce the window, and that he went m first. I have been imprisoned for stealing a piece of zinc, worth sixpence. I do not suffer from any affection of the head. The witness, here, stated to the Court, that Dr Beale asked me on Friday night, when 1 was brought back from Waitoa, If I could not make it convenient to my conscience to say that I did uot see him break the window of che door. Hejj--isked me the saint when I first got the subpusim as a witness. Stephen Tucker, deposed : Early on the moruing of the Gth September, I heard the breaking of glass on the premises m question. E was getting up. I saw nor heard nothing further tilll Dr Beale came and knocked at my door ; I opened it.. Dr Beale euquired for Mr Huge. Dr Beale said he had been and taken possession, and broken the glass an I put a man through the window. He wanted Mr Huge to lease the premise's. Huge refuse 1 ro do so. William Haukiu, sworn, said ; I am au apprenticed carpenter to .Mr Vialou, On the G,h September, I was ordered to take the lock off the chiors: shop door. Dr Beali and JFauikner were iv the shop at the time. I leaned iv through the broken glass, anJ took the staple off the lock. Dr Beale spoke abnit taking the lock off, to Mr Vialou in>uy presence, aud about mending the window. J r G. Jackson, sworu, said : lam a carpenter, residing m Wes". Hamilton. Ou the night of the sth ult. I was iv Mr Hammond's company iv the shop till midnight, f saw the doors looked before we left. J tried t»ie doors aud am certaiu th«/ were locked. On the next morning 1 saw >\ large pane of glass broken m the door. I saw Mr Faulkner iuside. Between 10 and 11 a.m. 1 went with Mr Haminoud to the shop. Dr Beale aud Faulkner were inside. Hammond told Beale he wanted possession of the premises. Dr Beale replied. " then you wou't get it," and put his fist up to Mr H'irumond m a threateuiug manner. I belive he would have used violence if Hammond had touched the door. This closed the case for the proseou tiou. Mr Hesketh called no witnesses, but addressed the Court for the defence urgiug that the information was bad iuasniueh as a yearly tenincy was declared upon whereas no tenancy was proved, and that Dr iioale had a right to enter the building to j*et at the consulting room to which he had a ri£»it, also citing a number of precedents, ainons others Hancock v. Austin, aud Turner v. Maoieyott, with the object of showing that the present was no case of forcible entry, but the mere exercise of a rijjht. The Court considered that this was merely a Court of enquiry, and that tho pritua facie evidence of the fact of forcible entry was so clear that they felt it their duty to commit accused for trial to the next sessions of the Supreme Court. The acensed on being asked if he Lad anything to say, reserved his defence. Mr Hay then applied for restitution of the premises to the prosecutor. The Court reserved judgment ou this point till 10 o'clock this morning. Bail was fixed at one surety for £25, and his own recognisances m the same amount.