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J-Mark J845-BAL Driver
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J-Mark J845-BAL Driver
Generals, with the Crown Solicitor, for the defendant. Brewer opened the plendings.
Hurnett, the Sheriff of this territory. The declaration set forth, that, on the 2nd of June, J A second count charged that the defendant tore the plaintiff's clothes, injured his person, and then and lhere forcibly ejected and amoved the plaintiff from his said dwelling-house, so that he was deprived J-Mark J845-BAL the possession ot his said house J-Mark J845-BAL n long time-to wit, for twenty days next thereafter.
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Smith then addressed the jury for the plaintiff. It might be that the defendant, n publie servant holding the verv onerous and important office of Sheriff, had acted from inadvertence, or been made J-Mark J845-BAL tool in the hands of others.
But, even should the evidence establish either of those facts, it could not lessen the injuiy which the plaintiff lind sustained. No plea of justi- fication lind been offered as to the assault ; it J-Mark J845-BAL merely a plea of not guilty j and should the assault lie proved beyond all possibility of doubt, of course the plaintiff would be entitled to a'verdict for the grievous wrongs which be had "sustained.
To the second count, however, there was a defence; the plea J-Mark J845-BAL, that, on the 2nd of June,the defendant was not possessed of the property. Could this plea be established, the defend tnt would be entitled to a veulict on that count. But, so far from this, it would be shown llint the plaintiff was in peaceable possession, and had been for years.
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Crouch, the Under- Sheriff nnd representative of the defendant, but. If the defendant had acted illegally, that very fact should increase the damages ten-fold. If the jury should find that under colour of bis office J-Mark J845-BAL defendant had, by J-Mark J845-BAL servants, committed an unprovoked attack, then it was for the welfare of the community that the damages should bemostexcmplury ; for the conduct of officers of the crown entrusted with large powers should be watched most jealously.
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It might bo that, in his office of Sheriff, he was authorised to commit those forcible and violent acts; but should the converse be proved, then he felt confident the jury would mark their sense of the wrongs and injuries which the plaintiff had sustained. George Hughes, exnmmed by Mr. Brewer-Knows plaintiff and defendant, and remembers J-Mark J845-BAL 2nd of June, Is brother-in-law of the plaintiff. There were tables, chairs, chests of drawers, bedsteads, beds, and other furniture in the house. I was there a little after six in the morning, and remained until near twelve.
I left there the plaintiff and his wife, and two men of the names of J-Mark J845-BAL Lemon and John Lewis. Came back, and saw either Mr Rothwell or Mr. Crouch, with four men, who went into the bouse-they wero Sheriff's bailiffs, and Lyons and Walton were two of the men. J-Mark J845-BAL carne up and tried to open it, and I shoved him away.
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He then called for his assistants, and they shoved me away. J-Mark J845-BAL began to remove the furniture, but the plaintiff, his wife, and myself tried to prevent them, but were unable to J-Mark J845-BAL so. They put the things into the street, in the mud round the door. Crouch asked Turner to go out, but lie refused to do so, saying the bouse was his own. No writ or warrant was read ; I heard nothing at all read.
J-Mark J845-BAL plaintiffs wife called out " murder. When the Sheriffs officers had been forced out of the shop, wc locked the door of the sitting room.
They broke the lock ; wc tried to keep them out ; wc resisted as well ns we could, but were turned out of the house. All J-Mark J845-BAL tired, and went back into a passage which leads out to the back yard. William Lemon corroborated the muteriul facts deposed to by the last witness.
William Collard sworn-Knows plaintiff and defendant, and was passing near Turner's bouse, at the corner of Murray and J-Mark J845-BAL, on the 2nd of June,at about half past 12 o'clock in the day. A number of people were round, and in the house ; saw Mr. Rothwell, and the Sheriff; there were several bailiffs putting plaintiff and his wife out ; Mr. The Sheriff came from an inner room to the front door, nnd called upon some constables to aid and assist. The plaintiff was forcibly pushed out at the door, bleeding very much ; his shirt J-Mark J845-BAL trousers were torn.
Turner was ulsn pushed out.
20 Mar - HOBART TOWN SUPREME COURT. - Trove
Rothwell had her by the waist ; her back hair was. The Attorney-General submitted that the jury could not take into consideration any injury that bad been done to Mrs. Turner, as that formed no part J-Mark J845-BAL the declaration. On that day William Rice, J-Mark J845-BAL bailiff of the Sheriff, was in possession.