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RESIDENT MAGISTRATE’S COURT.

ASHBU RTON. —To-Day. (Before J. N. Wood, Esq., R.M.) fOLICE CASES. Drunkenness and Illegally on Premises.— Donald Kerris was charged with being drunk and illegally trespassing bn the raihvay line. His Worship fined the

accused Is for the first offence, and 10s for the second.

Breach of the Licensing Act.— Joseph Baldwin was charged with a breach of Bio Licensing Act. Sergeant Felton applied for an adjournment for 10 days which was granted. Cattle Trespass, — J. Brophy, for having two cows astray, was fined 5s and costs.

Unregistered Dogs.— W. H. Gundry was summoned for having an unregistered dog. Mr Crisp appeared for the defendant. Constable Neill deposed to having seen a dog in the store of the defendant which had no badge on. Mr Smith, clerk to Mr Gundry, deponed to there being a dog on the premises of their store, and it belonged to aMr Edmiston, of Christchurch. Mr Gundry had kicked the dog out of his office every time he saw it there. By the Police—Was not aware that Mr Edmiston had asked Mr Gundry to keep the dog. As a rule the dog was in Mr Bullock’s store as often as Mr Gundry’s. By his Worship—The dog belonged to a late partner of Mr Gundry’s. The dog was chained up in Mr Bullock’s stable by Mr Edmiston until recently. Mr Crisp argued that, according to the Act for the purposcsof registration, thedog was equally as much the property of Mr Bullock or Mr Edmiston as it was his client’s. His Worship recommended the police to withdraw the case and to sue Mr Edmiston if the dog was not registered at the date named. The case was withdrawn accordingly. Andrew Wood, for a similar breach of the Act, was let off, because the dog was destroyed the same day the information was laid. Alexander Gaul, for having an unregistered dog, was fined 5s and costs. Thomas Hicks, for having two unregistered dogs, was fined 5s and costs on each charge. W. Sando, for having one unregistered dog, was fined 5s and costs. Thomas Andrews, who said ho registered his dog on the 21st, at the Borough Council office, wassummoned for a like offence, and fined 5s and costs. W. H Zouch and B. Furlong, were fined Is and costs each. William Adams was summoned for having an unregistered dog in his possession on February 21, and also with having a dog in his possession with an 1880 collar on. The second case was dismissed, and for the first he was fined Is and 2s costs. Michael Nealas and John Orr were each fined 5s and costs, and Michael Quinn Is and costs, for like oflences. Creating a Disturbance in a Licensed House. —Tyson Hodgson, for creating a disturbance at the Chertsey Hotel, was fined 40s and costs.

Transfer of License.—Mr Branson applied for a temporary license for the Central Hotel, from Joseph Baldwin to Samuel Brown. His Worship said he

would grant a temporary license, in order to give Mr Brown a chance of conducting the hotel in a proper manner. CIVIL CASES. Thompson v. Stoddart —Claim Ll 9 2s. Mr Purnell for plaintiff, Mr Spademan for the defendant. This was a claim for balance of wages alleged to be due, and for wrongful dismissal from the employ of the defendant. The plaintiff said he was engaged as a farm servant, on yearly wages. Was told one Saturday that he was no good, and must clear out after the Monday following. Plaintiff went away on the Monday, and ho received Lll 13s from the defendant. Had engaged for one year with the defendant, and since then

had not been able to got any employment for himself and wife. Had filed a declaration of insolvency in Christchurch, since leaving defendant’s employ. (Gazette notice handed in). M.i Spackman objected to the notice going in, as 24 hoars’ notice had not been given, and that this was no proper proof given of bankrupty. His Worship said that with regard to Mr Spackman’s first objection, ho would disallow it, but the notice of filing, as given, was not sufficient to prove the plaintiffs bankruptcy. Mr Purnell said that there was a sum of LG charged by the defendant for the service of a horse for the plaintiff, and which was deducted from plaintiffs wages, could not be claimed, as his client had filed since the debt was contracted. He would ask his Worship to make a note of his objection. Plaintiff continued — Defendant agreed to feed some cows for him. By Mr Spackman—The agreement for wages was made in Christchurch for twelve months, at L7O a year. Stoddart said he would only give LCO, and plaintiff said he would not come under L7O. Mathews was present at the time. Had sold horses to his brother, at Raagiora, and the proceds were handed over to his wife. This was six months before his bankruptcy. Never had any disturbance with Mr Stoddart, except on the one occasion. Never was asked by Mr Stoddart to stop for a month longer. Was on the farm on the Sunday after he was told to clear out. Was told on the Monday that he could not leave the farm until the month was up. Defendant did say that he did not think witness was the man to leave the farm without a day’s notice when there were nine cows to milk. Said that he would stop until the twelve months were up if he (defendant) settled up with him. An account was nude out at the time, and witness objected to the item L 6 for the horse, as well as some other items in the account. Will swear that he said he was not satisfied with the settlement. Signed the block in the cheque-book as a receipt. By Mr Purnell—Defendant ordered the plaintiff off his farm without a month’s notice. Mrs Thompson, wife of the plaintiff, deponed to having heard the defendant order her husband away at a minute’s notice. Mr Stoddard never made any complaint about her husband. By Mr Spackman—Witness was only a few yards from Mr Stoddard when the dispute took place. The cow and heifer on the farm were her brother-in-law’s and not her husband’s. For the defence —W. Stoddard said he was a farmer at Longbeach. Made an agreement with the plaintiff in Christchurch. Mr Matthews was present. Agreed to give L7O a year as wages if he stayed one year, and L6O if less. Nothing was said about taking a cow and heifer on the farm. On a Saturday evening had some conversation with the plaintiff about a drain, and also about some oats that had been sown and which were destroyed by birds. Gave plaintiff a month’s notice. Saw plaintiff taking his boxes away on the following Monday morning, and told him that if it was his intention to leave at once a month’s wages would be deducted. Defendant’s son made out the account and handed it to Thompson. Plaintiff was quite satisfied with the account, and signed a receipt across the block of cheque. Did not take a month’s wages off. The receipt produced is the one given by plaintiff. By Mr Purnell—Plaintiff made no objection to any of the items in the account. Never allowed any servant of his to keep dogs on the farm. Never swore at the plaintiff at the time the altercation took place. After hearing the evidence of another witness named Mathews, and

counsel on both sides having addressed the Bench, his Worship gave judgment for plaintiff for LG and costs. Wolley v. Cullen.—-Claim L 6 17s 6d. Mr Ireland for plaintiff, Mr Branson for defendant. Plaintiff was nonsuited with costs. Ashburton County Council v. Mortbn.— Claim L2. This was a claim for medical attendance at the County Hospital. Mr Branson appeared for the plaintiff. The caretaker, Mr Madden gave evidence as to the defendant being an inmate of the Hospital. Judgment for plaintiff' for amount claimed and costs. SOUTH RAKAlA— Thursday. (Before N. Wood, Esq., 11. M., and D. G. Holmes, Esq). Cattle Trespass. —o. Lake, charged with allowing three horses and one foal

to wander at large, waa fined ss, f and costs 2s ; J. Saiity, four head of cattle at large, fined 4s, and costs 2s ;, W. Doherty, six head of cattle, fined 12s, and 2s costs ; P. O’Mally, one cow, fined ss, and costs 7s ; J. Boucher, one head of cattle, lined ss, and 7s costs.

Breach cf the Railway Regulations —J. Moorhead, for riding over a railway crossing in front of a train in motion, was fined 10s. Breach of the Vagrancy Act. William Shipton was charged with this offence. Mr O’Reilly appeared for the prisoner. Constable Rouse deponed that prisoner complained to him on March 5 that he had been robbed of about L7O. Accused was then barman at the Methven Hotel, and stated that the money had been taken out of a box in his bedroom. The box produced was the one. Accused stated that he suspected two or three persons, one of whom was searched. Saw no marks on the box to show that it had been tampered wi h. Ho said he had just taken the money out of the bank to pay his passage Home, and it was all he had. Next day he stated that a geld chain had also been taken. He tried to point out some marks where the box had been tampered with, but witness could not see j them. Ho said he did not think he ho would lose anything, as the people would probably make up the amount by subscription. Thomas Patton, farm manager, deponed : He knew the prisoner, who was barman for his brother. He asked witness to get up a testimonial for him as he was going Home, and said he would give a free dinner. Witness declined, but said he would not bo behind if there was one. Defendant said he had had all his money stolen, and had not enough .to pay his passage Horae. Robert Wilson, cook for Mr Patton, gave similar evidence. Robert Patton, hotelkeeper, Methven, deponed : Prisoner was employed as his barman for about nine months at 30s per week. Oil March 5 he complained that his box had been broken open and his money taken. Prisoner slept in a room by himself. Heard nothing about getting up a subscription list for him till yesterday. After hearing further corroborative evidence, the Bench dismissed the case, and the prisoner was discharged. Civil Gases. —P. Tiseh v. Pruntz ; claim, LSB, money lent. Mr. Wilding for plaintiff, and Mr. O’Reilly for defendant. After hearing evidence, the Bench gave judgment for the amount claimed and costs, L 7 7s. —W. L. Allan v. D. Keilahan, for trespassing on private property. Mr. J. Holmes for plaintiff. Plaintiff admilted the charge, but stated he had told his men to keep off the place, and had discharged one of them for not doing so. Pined 5s and costs, 295.—0.: N. Mackie v. J. C. Wason ; claim L 25 for damage done by trespass by defendant’s sheep in plaintiffs crops, in January last. Mr J. Holmes for plaintiff, and. Mr Spackman for defendant. Judgment was given for Ll 6 10s and costs, L 5 Is.

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Permanent link to this item

http://paperspast.natlib.govt.nz/newspapers/AG18810318.2.11

Bibliographic details

RESIDENT MAGISTRATE’S COURT., Ashburton Guardian, Volume 2, Issue 296, 18 March 1881

Word Count
1,890

RESIDENT MAGISTRATE’S COURT. Ashburton Guardian, Volume 2, Issue 296, 18 March 1881

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