RESIDENT MAGISTRATES’ COURT.

Ashburton Guardian, Volume 1, Issue 153, 16 September 1880, Page 2

RESIDENT MAGISTRATES’ COURT.

Tuesday, September 14.

(Before Mr. P. Guinness, H. M.) CIVIL CASES. Mount Somers Road Board v. Toner. Claim 14s. 2d. for unpaid rates. No appearance for plaintiffs. Mr. O’Reilly, for defendant, produced a receipt, which showed that the amount had been paid, and counsel asked that, under the circumstances, seeing his client had come a considerable distance and left his work, costs should be allowed. Judgment for defendant with costs. Lancaster v. Harper. L2 18s. 2d. Mr. Crisp, for defendant, agreed to pay LI per month until the amount was paid, which arrangement was accepted by plaintiff. Lancaster v. Fletcher. Claim L 3 ss. 3d. Judgment for amount and costs 7s. Same v. Sullivan. Claim L 5. Judgment for amount and costs. Same v. Manhire. Claim L2 19s. Gd. Judgment for amount and costs 4s. Friedlander v. McLaughin. Claim L 22 Os. 9d. on a dishonored order. Judgment for amount and costs 12s. THE TIPPLING ACT AGAIN. Baldwin v. Holmes. Claim Ll 7 lls. Gd. Mr. O’Reilly for defendant. A counter claim was also put in by Holmes against, Baldwin. Of this, Mr Baldwin admitted L2 19s. Bkl., but the other items were denied. Mr. Baldwin, examined by Mr. O’Reilly—do not remember five guineas being paid to me by the defendant as a subscription to a sweep on the Dunedin Cup, and the money being sent too late. Thomas Holmes, the defendant, said the items “ refreshments ” meant drinks over the bar. Admitted one itein “bed,” but the others he denied. He only had a bed in Mr. Baldwin’s house on one occasion. Admitted six bottles of brandy, and ten gallons of beer in all. The five guineas which witness charged in the set-off were for money which he sent to a Dunedin sweep. The secretary replied that the money arrived too late. At Mi. Baldwin’s request, witness gave him a written order to receive the money on his account. Mr. Baldwin said he had written a letter, at Mr. Holmes’ request, but had not received the money. It was not an order for witness to receive the money but to have it paid to Holmes. Mr. Holmes said the order was for Baldwin to receive the money on defendant’s account. Henrietta Haynes stated that she had brought a letter from the post to Holmes, the contents of which stated that the money, could bo laid out on a Christchurch sweep. Holmes gave Baldwin an order to receive the money. His Worship said that an adjournment would be granted to allow Mr. Baldwin an opportunity to procure evidence from Dunedin as to what had become of the money. The case of Holmes v. Baldwin was accordingly adjourned for a week, defendant to pay coats L2 4s. With reference to Baldwin’s claim, Mr. O’Reilly said he had received instructions to plead the Tippling Act regarding the items “ refreshments.” The sum of LI 10s Gd. for cash lent was also denied. Mr. Baldwin denied that all the refreshments were drinks, but had no particulars as to what were not drinks.

His Worship struck out all the items for refreshments, and gave judgment for plaintiff for L 5 17s. with costs LI 7s,

Wednesday, Sept. 16,

(Before Dr. Trevor, and 0. P. Cox, Esq., JJ.P.) vagrancy.

Henry Hamlin was charged with being a vagrant, having no visible means of support. Constable Neill deposed to seeing accused wandering on the line yesterday. He said he had come from the Old Men’s Home, and that the reason he had left the Home was that the doctors could not do anything for him, and he wanted to go to Christchurch. Wanted him to go back to the Home, and he refused. I then arrested him. Mr. Harris, master of the Old Men’s Homo, stated that accused had been sent to the Home in consequence of being blind. He had been well treated. When interviewing the accused at the Police Station yesterday, he had refused to go hack to the Home. The accused had been in all the institutions of the colony. He had conic from the lunatic asylum in Christchurch to Ashburton. He left the Home yesterday without leave. In answer to the Bench the accused said the reason he loft the Home yesterday was that, finding lie got no relief for his sight at die Old Men’s Home, he hoped to find some friends who would forward him to Christchurch, where he wished to have an operation performed on his eyes. He also made a statement as to how he had been treated in the Christchurch hospital, but as it did not bear on the case the Bench declined to entertain it. In reply to the Bench, Hamlin, after some hesitation, consented to return to the Home. The Bench sent him back there, but cautioned him that if he did not comply with the rules of that establishment, he would be brought up and sent to gaol, William Griffiths charged with being drunk and disorderly, “ believed he was so. ” He was further charged with resisting the jiolice. Constable Daly gave evidence to the accused being drunk, and on attempting to arrest him, he had struggled violently and kicked witness. Eventually a cab had to be obtained to take the unruly one to the lockup. For the two offences accused was fined 10s. each. George Watson and James Robertson were charged with committing a breach of the peace by fighting in the public streets, Robertson admitted that

they were both skylarking and it then ended in a fight. George believed they were one as bad as the other.

Joseph Dolman saw the pi’isoners fighting on his section in Tancrod street last night. Watson was fined 10s. or twentyfour hours, and Robertson having been convicted before was fined LI or fortyeight hours.