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MAGISTERIAL.

ASHBURTON — Friday, Fob. 13. (Before Mr. F. Guinness, R.M.) DRUNK AND DISORDERLY. Henry Lake was fined 20s. or 48 hours’ imprisonment for being drunk and disorderly. John Broad admitted the same offence, and was fined 10s. and costs. James Robinson, charged with being drunk and disorderly and using obscene language, pleaded guilty to the first portion of the charge, but was not aware of having used bad language. Sergeant Pratt proved the offence. Robinson was then charged with obstructing the police, and"the former witness said that after taking prisoner in charge, he was violent and struck witness, and assistance had to be obtained to convey prisoner to the lock-up. Constable Maroncy deponed that prisoner was very violent, and used very bad language. For being drunk Robinson was fined 20a. ; for using obscene language be would have to pay 40s. ; and for obstructing the police, he would be sent to gaol for one month, as this offence was a serious one and must be put a stop to. Charles James Holmes, drunk and disorderly, admitted the offence, but pleaded not having seen a pub for six months. He was fined 10s. • CIVIL CASES. Tisch v. Hussey. —Mr. O’Reilly for defendant. No appearance for plaintiff. Mr. O’Reilly applied for costs. Mr. Tiscb appeared before the costs were made up, and the case was reinstated and ordered to stand over. Longbeach Road Board v. M'Quilkin. —Claim L 7 10s. 2d. The amount was paid into Court. Tisch v. Hussey.—Claim Ll 5. Plaintiff deponed the debt was for services of the horse Sir William Wallace, and plaintiff had bought the debts of the owner of

the horse, and the sale note was in the court. The agreement was produced, and Mr. O’Reilly objected to it as being valueless. The Conveyancing Act was quoted, showing that all such sales should be made by a deed. The plaintiff was nonsuited, with costs L 4 4s. Longbeach Road Board v. W. White. Claim 35., for rates due. Mr. for defendant, took an objection tenure particulars, which were not specified sufficiently, the summons describing the particulars as being contained in another document. Mr. Outhbert, collector for the Board, said that similar cases were frequently before the Christchurch Court, and judgment was invariably given for the local bodies. The said that probably such a contentiSWmd not been raised there, and it was only proper that a ratepayer should know for what he was paying. Judgment was for defendant, with costs. THE GARDINER HORSE CASE. James Gardiner was charged on three informations with larceny of three horses, the property of Michael Higgins. Sergeant Pratt said the police knew nothing of the case beyond the informations, and would ask for a remand. Mr. O’Reilly appeared for the accused. The Sergeant said accused was only arrested that morning,and hewoufdaskfor a remand till Saturday. _ Mr. O’Reilly applied for bail, as it was known that no case existed against prisoner. Mr. Hugo Friedlander said the horses belonged to him, and he would give security for the production of the horses if required. His Worship granted Mr. Friedlander’s application for the custody. Bail was allowed for Mr. Gardiner, himself in WOO, and two sureties of LIOO. The Court then adjourned. RAK AIA. — Thursday, Feb. 12. (Before Mr. F. Guinness, E.M.) WINDOW SMASHING. Hartnell v. Barnard.—Mr. Purnell for defendant. Defendant was charged with malicious injury to property at Chcrtsej'-. Benjamin White sworn—Was manager at Chertsey for Mr. Hartnell, of Eakaia. Was not sure whether the occurrence took place on Christmas eve or New Year’s eve. Saw defendant throw a stone through the window of Mr. Hartnell’s bakehouse at Chertsey. Saw him throw another stone. Ho broke the window each time he threw. I followed defendant to his door. I asked him whether he knew that he had broken the window. He turned and struck me several times. I lodged information with the police during the day. By Mr. Purnell —There are two windows in the bakehouse —one above, and tlie other below. It was the lower one that the defendant broke. The sash was closed. The window is above the bench some two or three feet. Several men were standing outside. Defendant was among them. Could not recognise the others. I never had words with defendant before. I was not trying to force open defendant’s door when he struck i me. Frances White, sworn, said—l am wife « of last witness. Saw defendant throw i stones at the window of the bakehouse ■ and break the glass. Saw him run away. My husband followed him. By the Bench—l was standing just bei hind my husband. The window was dirty, but I could see through it. It was day- • light. _ - y By Mr. Purnell—The window is directly " opposite the door where I was standing, i I got up through hearing the noise outi side. Noticed the time by the clock, it was 4 a. m. Alexander Capill, sworn I live at . Chertsey. Mr. Purnell here asked his Worship to caution witness not to any questions which may criininate^Rmself. His Worship said that after hearing the evidence which bad been given, he would dismiss the case as it stood, and instruct . the police to lay an information, as it appeared that there had been most disi. orderly conduct going on at Chertsey at i the time in question. ‘ ILLEGAL “CROSSING.” Police v. Edward Lake. Accused pleaded not guilty to a charge of driving five horses across the railway line at ! Rakaia. i After hearing evidence, the case was dismissed. _ A ROW ABOUT AN"BP&. Ready v. O’Keefe.—Mr. for ; plaintiff, Mr. Purnell for defendant. This was a case of alleged assault. It appeared r that plaintiffs hen laid an egg in the fence ; dividing both parties’ garden, and both s parties claimed the egg. Mary Ready s obtained possession of the egg, and Mrs. i O’Keeffe endeavored to recover it. Ready caught hold of O’Keefe’s hair, and i O’Keefe bit Ready’s hand—hence the action. There was a cross-action brought • by O’Keefe against Ready for assault. As the evidence, was the same in both cases, 1 his Worship gave judgment on both, censuring all the parties. He was shocked ; to hear that girls of the age and size of two of the witnesses should be able to make use of such language as was im- : puted to them, and he was just as much , shocked to hear a woman stand up in the i court and repeat the expressions. Both ! parties would be bound over to keep the i peace for six months, each to find sureties : of L2O. CIVIL CASES. W. Doherty v. J. Andrews.—Claim, L 7 14s. 4d. Judgment for amount claimed cirxcl costs. W. Hartnell v. Johnson.—Claim, L 23 Gs. lid. Judgment for amount claimed and costs. Stephens v. Welsh. Case adjourned on application of defendant’s solicitor. Wauchop and Cameron v. A. Mason.— Plaintiff nonsuited with costs. W. Doherty v. A. Withel.—Claim, L 3 2s. 3d. J udgment for plaintiff with costs. A SCHOOL BILL. P. Laurie v. W. Byrne.—Mr. Ireland for plaintiff; Mr. Purnell for defendant. Plaintiff sued defendant for the value of timber and wire used in a contract for repairs to fences and gates for the South Rakaia School Committee. John Mann, called, said he was chairman of the South Rakaia School Committee for the year 1878. Defendant , tendered for the work to be done. His tender was accepted. Did not remember whether the tender was for labor only or for labor and material. T. A. Winter, sworn, said he was * secretary to the Committee some part of that year. Thought that a written tender was sent in. J. N. Sharp, sworn, said he was a member of the Committee for 1878. Messrs. Winter, Mann, and himself Avere a sub-Committec to see the Avork carried out. Never saAV any written tender. Believed the tender of Byrne was for labor and raai erial. Thought the amount of the tender AA r as sufficient to cover both and leave a good profit. By Mr. Purnell—The reason Avhy Laurie’s bill Avas not paid Avas because the Committee Avas not liable. Never sanctioned Byrne’s ordering goods on account of the Committee. Am in the same business as Byrne. Am not the moving spirit in the refusal of the Committee to pay Laurie’s bill. Wm. Byrne, sworn, said—l tractor. I put in a Avritten Avork to be done for the South Rakaia School Committee in 1878. It was for making and repairing gates, and repairs to fences. My tender was distinctly marked for labor only. Did not keep a copy of my tender. I asked Mr. Winter where I should get the stuff. He said go to LaurieV. I had never had goods from Laurie before. I always deal at Montgomery and Go’s, I asked Mr. Winter Avhether X

should require an order. He said no. I had some of the material left. I left it oa the school premises. The reason V.113' I did not take it away was that 1 knew it was not my property. Ne 'er received a bill for the goods till I got the summons. Mr. Smith called rne in about two months ago and asked what about that school bill. I tokVnm the committee must pay the bill. I gave him the names of the the members of the committee. Ho said he would write to them about it. His Worship called for the books of the committee when no records of the transaction could be found. There was a resolution to the effect that work be done, but there was no date to the m' antes, the books appearing to have beeStoiat very irregularly. After argument onmotn sides his Worship decided to nonsuit the plaintiff with costs. Mr. Sharp applied for his expenses, which were granted. The Court then adjourned to Thursday, March 11.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18800214.2.13

Bibliographic details

MAGISTERIAL., Ashburton Guardian, Volume 1, Issue 61, 14 February 1880

Word Count
1,641

MAGISTERIAL. Ashburton Guardian, Volume 1, Issue 61, 14 February 1880

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