The Sun.
London, England, 1862-04-02 00:00:00

MARLBOROUGH-STREET.

A HAIM CASE.—ASSAULT AT A LEVY.-Wm. Henry
Tennant, a lodging-housekeeper, of 12, Little P rtland-
street, was charged with an assault on Alfred Aimer, a
coffeehouse.keeper, under the following circumstances.
Messrs. Eyre and Lawson prosecuted, and Mr. Edward
Lewis, of Great Marlborough-street, defended.
The complainant said ho was employed by a Mr. Ward
to remain in possession at the defendants' house, and went
with him on the previous evening. Mr. Ward was the
broker, and Mr, Deacon, of 21, Old Bond-street, the land-
lord. On entering the passage, and as Mr, Ward was going
to make the inventory, the defendant seized Mr. Ward
and threw him from one side of the passage to the other.
He told the defendant that he could not permit that, when
a scuffle ensued between him (witness) and the defendant,
and both fell. A female then said she would rip him (wit-
ness) up, and his hat was smashed, A second struggle
took place to get possession of a pair of tongs, and a con-
stable coming up the defendant was given into custody.
He (witness) had a few small marks about his face.
By Mr; Lewis—The defendant did not say that he had
paid his rent up to March. The defendant rents under the
tenant of the next house, a Mr. Bushell.

Mr. H. W. Ward, of 65, Great Russell-street, clerk to
Mr. Baker, auctioneer, said Mr. Deacon, the landlord of
houses Nos. 11 and 12, Little Portland-street, authorized
the distress and signed the warrant to distrain on both
houses which were held by Mr. Bushell under an agreement.
He told the defendant he held a warrant for £69 3s. 2d.,
and said he wanted the rent from both houses, and that if

the rent was not forthcoming he must distrain. A person
named Bushell was the tenant, and he had underlet one
house to the defendant. The defendant seized him by the
collar and threw h:m from one side of the passage to the
other, and then a scuffle took place between his man and
the defendant.

By Mr. Lewis—The authority for the distress is from
Mr. Deacon to Mr. Baker, but he being from home he (wit-
ness) executed it. He had no particular authority to levy
this distress.

Some other evidence being given,
Mr. Lewis said it was a case of great hardship. Mr.
Deacon was the landlord of the two houses, which he had
let under an agreement to Mr. Bushell, and the defendant
rented one of them under Mr. Bushell, and had paid his
rent up to March last. Mr. Deacon had allowed Mr.
Bushell to run in arrear for a whole year, and then in-
structed Mr. Baker—who was here represented by his clerk
—to levy for a whole year's rent. He (Mr. Lewis) considered
it a case of great hardship, and he had doubts whether it
was even done legally, for he had heard that the per-
sons had not entered till 20 minutes past six o'clock. The
defendant, he was instructed, had said, on their entering
the house, " I owe no rent, and you shan't come in;" and
all that took place was a bit of a struggle. What the de-
fendant had done was in ignorance of the law, and under
the impression that the persons had no right to enter, as
he owed no rent. He (Mr. Lewis) considered it a very
trumpery case.

Mr. Tyrwhit said he thought the defendant had fair
reason to doubt whether they could ask him for the rent.
He should, however, as the assault was proved, fine the
defendant 10s., or 14 days.