The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1883-12-21

question between the commonwealth
and the defendants charged in the in
dictment with two offenses alleged to
have been committed at the same time
-forcible entry upon property in the
possession of James Kinsley and as
sault and battery upon Margaret Kins-
ley his wife.
The constitution declares that per-
sons shall not be subject to unreason-
able searches, or to sea, ,ches without
warrant-that officers shall not go into
dwelling houses and ransack through
them, without authority of law.
If one claiming to own land in pos
session of another turns him out by
force and arms, with a strong hand,
with multitude, with weapons or
threats, in word with violence, his Of
sence against the peace is called forci-
Bile entry if he keeps the possession
thus obtained, preventing the return of
the former occupant, his offense is for
chile entry and detainer. A forcible
entry must be with menace to life or
limb, or accompanied by some act of
violence or circumstances calculated to
inspire fear. One may make forcible
entry by breaking open the door of a
dwelling house, whether any person be
in at the time or not, or by any act of
outrage upon entering. This is a high
crime punishable with a heavy fine and
with imprisonment. The Indictment
charges such an entry upon a certain
lot OF land described by metes and
bounds) "by raising the CATCH &c.
The commonwealth's testimony as to
the entry is that Woodward, one of the
defendants, knocked at the door, that
Mrs. Kinsley opened the door far
enough to see who was there aud for
bade him to come in, but that Wood
ward pushed past her, went in, and
took seat and it is argued by coun-
sci for the commonwealth that the de-
PENDANTS thrust themselves in, deter
mined to gain admission at all hazards;
on the other hand, that there was moth
ing disorderly or unusual about it, the
testimony being that Woodward was
bid "come in" by Mrs. Kinsley. There
was no breaking of door at most, it
is alleged that Mrs. Kinsley, knowing
Mr.. Woodward was a constable and
suspecting his errand, resisted his COM
ing in Was there anything like a
threat, anything to alarm Mrs. Kinsleyf
One man personally known to her OBJ
tains entrance into the house. / call
your attention to the facts as testified
to by Mrs. Kinsley and her daughter
Margaret, on the one side, and by Mr..
Woodward on the other, in reference
to the mode of his getting admission
if you are satisfied that there was moth
ing calculated to alarm in manner of
entrance, it could hardly be called a
forcible entry; if there was, it might
be.
A second count 10 this indictment
charges the defendants with an assault
and battery upon the person of Mrs.
Margaret Kinsley.
The history of this whole transaction
appears to be about this : On the l4th
of May, 1881, an agent of the Singer
Manufacturing Company made an ar
rangement with james Kinsley in re-
spect to sewing machine valued at
the sum of fifty dollars. A lease was
made, by which Kinsley agreed to pay
the sum of three dollars month on the
l4th day of every month after the date
of this instrument for the use and hire
of the machine. There is nothing
wrong in leasing sewing machine
any more than in leasing any other
item of property If the bargain was
fairly made, the lessor would continue
to be the owner, and, if he agrees that,
when he has received hy way of rent a
certain sum of money, he will transfer
the title, that is not an uncomfortable
agreement all that the person who
acquires the possession of the property
has to do is to pay his rent, and he be-
comes the owner if he fail to do that,
then his rights are to be determined by
the terms of his agreement-that in
case the payments are not made as
stipulated, the company's agent may
enter upon the premises and take away
the machine. The contract, whether
lease or conditional sale, is binding as
between the parties but the company
in carrying out its provisions, must not
do any act that amounts TO breach of
the peace. Suppose a tenant has a
lease, that the term expires and be re-
mains ia possession when he ought to
leave, and that the landlord re-entering
sets out his goods; trespass will not lie,