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ASHBURTON-THORSDAT. j (Before Mr 0. A. Wray R.W ) DRT7NKENJNEBI A man who h«d not been beforo the Court for sorno yours was fined 6i. John Clifford was fined sa. A YOUNG UORSBHTOALKR. William Evans, 8 years ut age, wia oharged with the laroauy of a horse, noddle and bridle of tbo value of £15, tbo property of J. Black. — Sergeant Folion '•Id that the boy had takon five horses within the last fuw months. The lad when he got the opportunity took a horeo and cart and rode aboat all over Iho country, turning tho horses ad ift when he had done with tht ra The police added that the boy's mother was dead, and hla father had no time to look after him. They would aak that the criminal ohnrge be withdrawn And the boy proceeded against ai a ndßleoted child.— -Evans sen., ■aid that beyond hi* ptnehant for ntolen rides the boy was well beiiaved. lie thought the lad would now raond hiways.—The Magistrate thought It weald be a pity to send the boy to Baruh itn if it oonld be avoided. Ho administered a sharp caution to youns* Evanß and then allowed him to go, on the father's promise to look well after him. MAINTJBNAHOB. G, Parkin was charged with having | fatled to comply with an order of the < Court to provide for the maintenance of < his wife and family. Mr Crisp appeared i for the complainant, Defendant had paid j some money into Court, and said he was I unable to give more. The oase was ad- ( journed for six weeks defendant saying he < would then be In a better position to pay. ] ALLIQKD FORCIBLE KMTKY. < Hugo FrledlaDder, Ohiries William t Parnell, Frank Stigloy, William Halsall, t Thos Morgan, John M»ud»ley and » William Townshend were charged on the t Information of Timothy Kelly with having, f on February 11, forcibly and with strong < hand entered into and npon a Obrtain a mitsaage or store, known as the New f Zealand Loan and Mercantile AgeDoy Go's I store, of which the Ojmpany was then g poisoned, and with having forolbly and a with a strong hand unlawfully oxpellerl t and put ont the Company frem pesoeabio a possession of the store. A second Infor- | matlon oharged the same defendants with r. having with foroe of arms and with a t strong hacd unlawfully and injuriously r kept out the Company and Its servants, a and with still holding and detaining the v property. —Mr Fisher, with him Mr i Wilding, appeared f;o prosecute. —Mr c Purnell said that Mr Joynt had been In* j strcoted to defend, but hs was not present ■ because It was intended to apply foi an v adjournment for a wsek. The Informa- t tlons hsd only been served on Tuesday, 1 and as the oaie was a very involved ona t there had not been suffio'ent time to 1 prepare the defence. He had Informed a the opposing counsel that the defence ] (otended to apply for an adjournment.-— t Mr Fisher objeo'od to an adjournment a unless the nther side* showed rery strong \ grounds Indeed. — A tangly argument fc took pUoe. — The Magistrate declined to g allow an adjournment, and he deolded at y all events to hear the oase for the prose- c cotton, and then If he found there was c occasion ha said be «ogld grant an ad- j journment to the defanee,— Mr P-urpell o oomplained that the defendants were p being lod like sheep to. slaughter.— At Mr j Pornell's request the oase was allowed to f stand over for an hoor. I civil oases, p Ashburton Permanent Building and c Investment Society v W. Fergus olalm r £H. Mr Crisp for plaintiffs, Judgment v for plaintiffs by default. t John Smlthers vB. Druey. Judgment f I summons* Mr Crisp for judgment credl- t tor. On the previous Court day the oaso i was adjourned so that defendant might o find security for tb6 payment of the c amount- Defendant Jiad failed, however, r to provide security, 'and Mr Orlsg prossod i for an order. Order made for the pay* i ment of the amount within two months. r J. Womor v W, Oaboroe, judgment c summons £11. Mr Caygill for jadgment c oredltor. With the oonourrepoe of the < defendant an order was made for payment ] In weekly Instalments of 4J2, In default i three weeks' Imprisonment. I J. 0, Duncan v Jas Taylor, judgment i summons £3 Us. Mr Oayglll for judg- < ment oredltor. Order made for immedl- i ate payment, m default 14 days' imprison- i ment, i J. Russell v W. Stewart, claim £3 3> 7<J, Mr Cuthbertson for plaintiff, Mr Ortap i for defendant The olalm was for goods ! supplied* Defendant, who was a hawker, j gala I"» 0 had an arrangement with plaintiff by which unsold goods ponld be returned. He was quite willing to return the goods, or tbetr value. There was a further dei'onoe that plaintiff had assigned his estate to trustees for the benefit of his creditors, and, therefore, was not entitled to sue. The oase was adjourned for a week m order that the assignment might be pro* duoad, ALLBQED ITOBOIBLB ENTRY. The oas ■ of H. Friedlander, 0. W, Parnell and others, charged with forcible entry, ejection, and detention were then {one Into — Mr Crisp appeared to watch the proceedings on behalf of the Borough Council, the building m question being ereoteil on a Borough reßorvo.-r-Mr Fisher aleotod to lead evidence m the ohargo of forcible entry first as he stated the «vlienoo m the case of forcible detainer was ■ I Afferent, and both ohavgea oonld not, ; I therefore, be taken together. — On the i application of Mr Fisher the information vr«s amended from " the Company and . Its servants," to read " the Company and ; Its servant, Timothy Kelly," Mr Pornell having previously objaoted that Kolly, 5 who laid the information, was In no way i Interested In the oasis. Mr Fjoher ads dressed the Court at considerable length 3 on the evidence to be led. — The alleged j offenojs being indictable, the depositions of the witnesses wore taken— H. a. Seorekan, manager for Rakala and Athburton, for 1 the New Zealand Loan and Mercantile 8 Agency Co , said the Company leased from c the Borough Council the reserve on which v stood the Company's store In Ashburton. a Vhe Company under-leased the premises r) to F. Makelg. Subsequently Makelg , surrendered the property to the Company ' by memorandum endorsed on agreement, j? On February 9, about 11 o'clock, witness * received possession of tlje store from o Mr Makelg. As far as witness trai aware t there was no one m the store when he r received possession. He engaged Kelly to look after the store. In the afternoon ' witness was sitting m the office with Mr 6 Makelg. Hugo Frledlander'a boy came * into the office, and Makelg went out b with the boy. A few minutes after--7 wards Makelg returned. Shortly after 3, Makelg handed over the keys of the door, d witness fitted a key that was hanging up w in the office to the big look, and this witness hsnded over to Kelly— Witness ! » oame up to Ashburton on Monday, and 10 found the store closed up and Kelly In 0 the street. In consequence of what he >h heard he went to Friodlanders to aek for re possession of the store, Hugo declined ,» to give up possession and referred witness 5 to his solloltor Mr Purnell, M* Clayton j and witness went to Mr PurneH's offioe ld and returned with him to Frledlauder's 70 oflloe. They Inspected the agreement At between Makelg and FrledUnder, and c- Parnell laid Friedlander was Id possession of and that witness bad never been In ut posseislon.— Mr Parnell asked If the MagUtrato would allow the cross-examina-tion «r t.ho witnesses to stand over till Mr Joynt was prenent. All the papers S 7 were In Ohristohprob. Ultimately Mr n . Parnell cross-examined the wttnes» f who ire m reply to bis questions said the door of : W the offioe leading Into West street wai , I tht ami mo4e of •qgon to tbo offiei, md

g from the offioo aoceis was had to the store i The Inrgo door was opened from the ; inside. As far as witceas knew there . wore three keys to the Intoh look of tbe • fli-o doir. Ail these were handed to M .Icelg vfhen he took ovar the store. Witiiess recovered two, nnd Mokeig said ih^t tho otSrr was m the Friodlanders' 1 pr,'Bse»«lon. Thero wan aleo a big lo kon tho ( ffioe door, to which there was one key, but which waa not often used, Wltncse wha, as a rule, m Ashbnrtoo onoe a week. Saw Makelg pretty oftou; He did not tell witness that Frledlanders were In posseßßlon of tho etoro, but said they hud grain thero. Wlineiu wrote to Friedland r on the 9 h or the 11th asking for the key and st*tod that witness's Company h-id renamed posups^slon of the s'oro. Tbe company had some goods In the store, about sixty bags of t alt, at the same tlrna Frledlauders' grain was ther\ The salt bad been there prior to Makeig's tenanoy | (Left aittinß.)

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MAGISTERIAL., Ashburton Guardian, Volume VII, Issue 2075, 28 February 1889

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MAGISTERIAL. Ashburton Guardian, Volume VII, Issue 2075, 28 February 1889