MAGISTRATES' COURTS.

Lyttelton Times, Volume XXX, Issue 2467, 18 November 1868, Page 2

MAGISTRATES' COURTS.

—+ — CHRISTCHDKCH. Tuesday, Not. 17. CIVIL CASES. Judgment for full amount and costs was given in the following cases:—Estate of John Aulsebrook v. George Runge, £6 15s; J. Bradley v. John Connop, £6 3i; D. McGuinness v. James Perrin, £5. In tbe case of John Wright v. Joseph Hayden, £5 19a; judgment was given for £4 19s, plaintiff to pay costs.

LYTTELTON. (Before W. Donald, Esq., R.M., and T. Merson, Esq.) CIVIL CASES.

Habqbeates v. W. D. BAKNABD.-Claini, £27 5s 6d. Mr Balder for plaintiff. A setoff of £l6 lis 9d had been put in, but the plaintiff not having been served with a copy, it was not allowed. Judgment: £2l 5s 6d, and £1 7s costs, with £2 2s professional fees.

Belobate t. Cochraxr.—Claim, £4 7s, for board and lodging. Judgment for full amount, with 13s costs; to pay 10s per week. H. H. Knowles pbo Onion Bank of Australia t. Ltttblton BohocuH Coi'Kcil.—This was appeal against the valuation, the property having been valued at £450 by the Council. Mr Nalder appeared for the appellant; Mr D'Oyly for the Council. After hearing the evidence, the Court reduced the valuation to £320 per annum, each party to pay their own costs.

KAIAPOI. (Before G. L. Mellish, Esq., R.M.) Shehp Cash.—H. Westmacott was charged with being the owner of 6000 head of sheep on Nov. 7, infected with scab. He wss fined £2OO j to be remitted if a clean certificate be produced by May 7,1869. Breach op Cattle Regulations.—H. Hinge was charged on the information of the Inspector under the Act, with having on the 13th inst. allowed 7 head to stray from the infected district of the Maori Run. Defeidant explained that the day in question was that of the Northern Agricultural Show, and that a large number of persons had crossed the run, some of whom had left the gate open on the right of way across the run through which the cattle had escaped. He admitted the offence. The bench said that the Government had fenced defendant's run, and if after that his cattle were allowed to stray, they must hold him responsible. The new regulations gave them the power to inflict a less fine than formerly, ! but they could not allow the case to pass j without penalty. The restrictions had been taken off the other part of the district, and I the consequence, if beasts were allowed to stray from the run, might be most serious, j and cause a great loss to the district; they j would inflict a fine of £1 in each case, and ! impress upon him greater care in future. Asuult.—A man ounied Wilson of the Seven Mile Peg, was summoned for assaulting Joe, a Maori, but prosecutor not appearing, he was dismissed. Breach op the Peace.—Patrick Charles, and one" Dave," were charged with fighting on the 9th inst., in the vicinity of White'* Bridge. Sergeant Barlow called C. Oram, who staled tlut he saw defendants fightingtie thought some one was timing them. There was a crowd round them, but no ring formed, Charles wanted to desist, and shake hands, but Dave would not do so. The fight, ha understood, arose from Dave having struck : a teilow-workman of Charles', and that the lattur had taken his friend's part. Defendant j Dave made no defence. Defendant Charles j said he wss taking the part of Andrew I MacUonnell, who had been struck by )[

Daw. Both defendants were bound urer in two sureties of £SO each to keep the peace for six months.' ;"• '■ ' • Assault —Dare and West Chamberlain were charged by Andrew Macdonnell, with having violently assaulted him on the llth inst. Andrew Macdonnell stated that on Wednesday last he was sent by his employer to Mr Lee's farm to look at some lambs j he did not find them, and, on returning past the house, saw defendant Davo with a whip When he got out of- the cart defendant called a hoy to hold the horse, and then flogged him with the whip. While this was going on the other defendant came out and taking hold of his collar asked him to fight Whilst he was pulling his collar, the other took advantage of it to strike him in the face with his fist. The button broke, and his coat then came off. Chamberlain said that prosecutor had his coat off when he came out, and denied having held him, but admitted telling Macdonnell to fight. Prosecutor called the boy, who stated that Dave called him to hold the horse; saw him horsewhip prosecutor, and strike liim with his flst; didn't tell prosecutor going up 10 the yard afterwards that the assault was planned beforehand; did say that West brought Dave out the whip for the purpose of flogging him. By Chamberlain: You prevented them from fighting. Henry Pike' stated that on Wednesday last, hearing a whip cracking, he «ame out of the house; Dave lost the whip, and then took to his fist. Chamberlain told him to stop, as prosecutor was but a boy, and then told Macdonnell to go down on his knees and beg pardon fi his master had done. Saw lis coat half off, and hanging on his arm. Mre Pike _ stated'she was washing, and hearing a noise, came out; saw the young mail standing coveted with blood. West was keeping them 1 apart. Plaintiff said he had another witness to prove that defendant Chamberlain had brought Dave the whip and set him on. Defendant said that was unnecessary. He admitted having given Dave! the whip. He had suffered peat provocation from prosecutor, and regretted that hehad not used it.on him himself. The Resident Magistrate said the case was, at the same time, of the most unprovoked, premeditated, and cowardly nature, two men having conspired together to thrash a boy, who was no match for either of them. He should fine Dave £5 arid the-other defendant £3; the witflesses' cost to be paid between them.