RESIDENT MAGISTRATE’S COURT
ASHBURTON.— Tuesday, Dec. 14.
(Before Mr. Nugent Wood, R. M.) vagrancy.
John Edward Lowry was charged with vagrancy, with having- been drunk on Saturday, and with having solicited alms in Mr. Gavin’s shop, East street. Mr. Gavin said the man came to his shop on Saturday, and demanded a shilling. He was several times refused, and ultimately prisoner took out a knife and threatened to do himself injury. His Worship lectured prisoner severely, saying that he had gone and spent all his money, drunk a gallon or so of whisky, and had cost Government a half-guinea for a doctor to put him right. This sort of thing ran away with the profits to the public revenue, .and was a loss every way —to prisoner and the community. He would remand the prisoner for forty-eight hours, with a view to allow him to “ suffer a recovery ” under the doctor’s care. CONCEALMENT OF PREGNANCY.
Sarah Brimmicomb, from Rakaia, charged with concealment of pregnancy, was remanded for eight day 7 s, pending the result of an inquest to be held tomorrow on the body of a child which had been found in rear of her father’s house, and which was assumed to have been prisoner’s. INDECENT ASSAULT. George Norrie was charged with indecently assaulting a child named Elizabeth« Ann Wilson. Prisoner pleaded not guilty, and was defended by Mr. Branson. Sergeant Felton said that at about 6.30 a.m., on the 12th, he arrested prisoner at the Somerset Hotel on a charge of indecently assaulting a little girl, the daughter of Mr. Wilson. Prisoner mumbled something, which witness could not catch. Prisoner was partially under the influence of drink. About an hour later, I saw him in the lock-up, and asked him if he clearly understood the nature of the charge, and he replied that he did, adding—You have known me a long time Sergeant ; more than ton years. You didn’t think I’d do such a thing.
George Wilson, sworn, said—l am a carpenter, and live at the East Town Belt. I know prisoner. Made an agreement with him to come to my house on Sunday morning, the. 12tli, to return to Mr. Poache’s, Mount Somers, in a trap. Nome came to my house on the morning of Sunday, hut it was at four o’clock. I heard a knocking at the door. Mrs. Wilson got up first and looked out, but saw no one. I then got up and looked out and saw Norrie at the back door. I asked him what on earth had brought him there at that time in the morning, and he replied that he had been on the spree all night. He asked liberty to lie down on a bench in the scullery. This was in consequence of my telling him that I did not intend to start before breakfast, jl told him ho could not lie there, but he could sit in the kitchen in the arm-chair. He did so, and I went to bed. I was awakened at about six by hearing a strange noise, and by hearing my daughter, a child of eight, calling out. I got up and came out of my bedroom. As I passed the kitchen I saw the arm-chair empty, and Nome’s clothes on the floor—his trousers were not there. I rushed into the bedroom where my daughter was, and saw Norrie on my daughter’s bed. [The details of the assault were here given.] The child said she could not cry out loud because Norrie had his hand on her mouth. Asked Norrie what he was doing there, and he answered, “ Nothing, by G , nothing.” I turned him’out of the house and went for the police. I have three other children, and they slept in the same room. I have known Norrie for a number of years, and we were recently shearing together in the same shed. The children’s Pbcdroom door is left ajar, so that their mother, who is hard of hearing, may hear the children cry. When I went to bed I did not shut the passage door. [Witness here drew a plan of the house.] The bedclothes of the child’s bed were all of a heap near the foot of the bed, which was a single bedstead of a large size. Mrs. Wilson’s evidence was then given. It was mainly corroborative circumstantially of that given by her husband, and during her examination the Court was cleared.
The evidence of Ann Wilson, the girl, was taken, and given in a very clear manner, but while under cross-examination by Mi'. Branson her statements were somewhat conflicting. His Worship thought that in the interests of justice the prisoner should be sent to trial, but admitted accused to bail in two sureties of LSO each. ABUSIVE LANGUAGE. B. Huges v. Leask.—This was an information laid against defendant for using abusive language. Mr. Crisp appeared for defendant, and on his behalf pled guilty, and apologised for the conduct of his client, who was under the influence of liquor at the time. Mr. Hughes did not wish to press the charge, and his Worship inflicted a penalty of 10s. and costs. ASTRAY. Par Paterson, charged with allowing one horso to wander at large in East, street, was fined ss. and costs. CIVIL CASES Orr and Co. v. Bristow. —No appearance. Jameson and Roberts v. Fitzgerald.— adjourned for a week. W. Montgomery and Co. v. Shepherd. —Mr. Crisp for plaintiff. Mr, O’Reilly for defendant, made a preliminary objection on the ground that the full names of the plaintiffs were not set out, and pled non-liability. His Worship remarked that the firm was advertised as a limited liability company. Mr. O’Reilly remarked that it would bo for the other side to prove that the plaintiffs were trading as a company. Mr. Crisp submitted that if in such cases the certificates of incorporation were to be produced, there would be an endless amount of trouble entailed. But even were such a course necessary, his Worship had the power to take any evidence he might think proper, and Mr. Hughes, the manager of the firm, was present to certify to the existence of the company. His Worship said he thought the objection, although trivial, was good, but was of opinion it was a pity such objections should be raised. On the application of Mr. Crisp, the case was adjourned for a week, to allow of the production of the certificate of incorporation. Wilson v. Little. On the application of Mr. Purnell, for plaintiff, this case was adjourned for a week, on the usual costs being paid. Mr. O’Reilly asked his Worship if in civil cases he would allow the parties to a suit expenses as witnesses. Mr. Wood naively replied that “ Sufficient untq the day is the evil thereof;” and when a case was brought before Ixim, when such an application was made, he would give his opinion. Stephens v. Boileau. Mr. Purnell, for the debtor, made a preliminary objecion on the ground that a judgment summons case which had been before the Court previously, had been argued on its merits, and dismissed. The rules required that no successive judgment summons can be issued. The case was dismissed.
Fooks and Son v. Pyke. The case was withdrawn, defendant having filed his schedule. Mutch and M'Kenzie v. Fraser. Claim, L 25 IBs. Judgment for amount with costs, and immediate execution granted.
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RESIDENT MAGISTRATE’S COURT, Ashburton Guardian, Volume 2, Issue 216, 14 December 1880
RESIDENT MAGISTRATE’S COURT Ashburton Guardian, Volume 2, Issue 216, 14 December 1880
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