—- RESIDENT MAGISTRATE’S COURT. ASHBURTON— Saturday, Jan. 10. (Before C. P. Cox and Dr. Trevor, J.P's.) DRUNK AND DISORDERLY. John Cunningham was fined 10s. and costs for drunkenness, and was cautioned that if he again appeared for a similar offence he would receive a long sentence. breach of the peace. Martin Yesey and Thomas Millar were charged with fighting in Burnett street yesterday. A fine of LI each was recorded against them, or 48 hours’ imprisonment. another drunk. Thomas Mitchell was fined 10s. or 24 hours for being drunk. OBSTRUCTING THE POLICE. John Casey, who attempted to rescue the previous drunk from Constable Rouse, was fined 40s, and 5s costs, for his interference. “ PICCOLO CHARLEY. ” Charles Evans, an old offender, was charged with vagrancy, and was let off on a promise that he would leave the district without further notice. another vagrant. Mary Ann Cook, an ancient female, was brought up on a charge of having no visible means of support. She was remanded till Monday for further evidence. ASHBURTON— Monday, Jan. 12. (Before Mr. F. Guinness, R.M.) DRUNK. John Kelly, who looked as if he had occupied a coal heap for his lodgings, was charged with being drunk and disorderly. Sergeant Pratt gave evidence that prisoner had been drunk and very noisy on Saturday night in Havelock street. Other cases were recorded against him. Prisoner promised to leave town at once if let off this once. He was fined 40s. or a week in quad. vagrancy. Mary Ami Cook, who bad been let off last week on a similar charge at Rakaia was again charged with the same offence. Constable Thoreau deponed that she was guilty of indecent conduct at Rakaia. Slie had no place of abode, and had been about a week at Rakaia. By prisoner—l told you to clear out. Prisoner said in defence she and her husband arrived in Rakaia on Friday, and she was arrested on the Saturday, before she bad a chance of going. Sergeant Pratt gave evidence of previous convictions. The Magistrate sentenced Mary Ann to six months, with hard labor. DRUNK AND DISORDERLY, &C. James Franklin, was charged with the above offence. Constable Rouse stated that prisoner was given in charge by Mr. Shearman and resisted very violently, and lie bad to get assistance to convey him to the lockup. For being drunk the prisoner was fined 20s. or 48 hours, for creating a disturbance in a licensed house, 20s. and costs ; and for resisting the police 20s. and costs—in default, a month’s imprisonment. [R. Beetham, Esq., R.M., the Mayor of Ashburton, and Dr. Trevor here took their seats on the Bench.] INDECENT ASSAULT. John Gorman was charged with the above offence on the person of Lucy Swan, and Mr. Branson, for the prosecution, applied to have the charge withdrawn, so as to bring the lesser charge of a common assault against the prisoner, which was granted. Mr. Harris appeared for the prisoner, who pleaded not guilty. After evidence had been led, it appeared that no act of indecency had been committed, beyond an attempt or two to kiss the girl, and it came out in the prosecutor’s examination that the charge was laid because Mr. and Mrs. Haynes, the foster parents of the girl, had fallen out with the prisoner—all living together in a one-roomed house at the Hinds. At this point of the case Mr. Branson stated he would not proceed with the case any further, and the Bench discharged the prisoner. Mr Branson stated the case had only been placed in bis bands that morning. Mr. Harris applied for costs in the case against the informant, which were granted. ASSAULT ON A BAILIFF. J. E. Hydi Hands was charged with assaulting A. Pearson, a bailiff of the Court, in the execution of his duty. Mr. Guinness withdrew from the Bench, and Mr. Beetham presided. Mr. Harris pleaded not guilty, but wished to know if the case had been legally adjourned from Friday last. He asked the Bench if the Court bad jurisdiction to sit on the case to-day. The records of the Court showed no adjournment entered on Friday. Mr. Harris also raised the point that the information was not laid under any Ac i. The plaintiff was appealed to as to what Act ho had laid the information under, and ho replied it was for being put out of the house. His Worship—“ That is an act certainly, but not the sort of one I refer to. The information was then amended, and the charge laid under the 125th section of the R.M. Act, 1807. Mr. Harris then raised an objection that the offence he was charged with was not contemplated in the section, as an assistant bailiff was not an officer of the Court. The bailiff was then instructed to produce the warrant, and it appeared that the document bad been returned to Dunedin, and the defendant pointed out that it was absolutely necessary to produce it to prove his case. The Bench was of the same opinion, and considered it evident that the case could not be heard that day, and as the warrant was not present it would he better to dismiss the case and take out a fresh summons. Mr. Harris applied for costs; which were refused, and a fresh summons was ordered to bo issued for this day fortnight.
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Ashburton Guardian, Ashburton Guardian, Volume 1, Issue 47, 13 January 1880
MAGISTERIAL. Ashburton Guardian, Volume 1, Issue 47, 13 January 1880
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