RESIDENT MAGISTRATE'S COURT.

Press, Volume XIV, Issue 1853, 23 March 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

Chbistchubch—March 22. [Before C. C. Bowen, Esq., K.M., A. Back, and G. W. Hall, Esqrs., J.P.'e.] j DBUNKENNESS. Martin Warren was charged with having been drunk and incapable on Saturday evening I last. Fined 10s. j ASSAULT. Michael Needham was brought up on remand, charged with violently assaulting Wm. Bowys. Tbe evidence of the prosecutor was as follows :— I am a farmer living in the Leeeton district. The prisoner lives opposite mc. On the 17th instant I met him alongside his own paddock. I passed him, and he wished mc good morning* I answered him. He then caught mc by the leg and pulled mc off my horse. Prisoner did , not say anything before he pulled mc off. i After he had pulled mc off he kicked mc j twice. I got insensible from the effects of the kicks. After I got up prisoner gripped mc by the throat. I saw what I believed to be a large spike in the prisoner's hand. He struck mc on tha side with it, and tore my waistcoat. Prisoner said he would be worse on mc than Douglas was. About four months ago I impounded his cattle. The assault took place in Mr Leslie's paddock. I am in tho habit of crossing the paddock. Cross-examined by Mr Joynt—No person was present. I was coming from Taylor's road on my way home. I was in a public house before I went down the road. I had drank two pints of beer. I am positive that is all I had. I did not go out of my way to speak to Needham. I was sober. I did not take off my coat to fight the prisoner. I was not sober when I came to Dr Patrick. I took two half-pints after I had met Needham. I was very weak. I did not take off my coat after be had kicked mc. I have never offered to fight Needham on any previous occasion. I cannot account for his assault on mc, unless it was for impounding his cattle. Dr Patrick was recalled for the defence, and stated as follows:—Bowys told mc he had been struck by the strap of a threshing machine. I asked how the wound was caused, and he said by a rivet in the strap. The following day he said he was struck by a man. He said he told mc a different story, because he did not want it known that he had been fighting. A witness named Greening, a farmer, at Leeston, stated that Bowys was in the habit of drinking. Prisoner did not drink, and was not a quarrelsome man. The prisoner made a statement to the effect that the complainant had begun the row by accusing him of stealing cuttings out of his garden, and had also called him a liar, and taken off his coat to fight. The Besident Magistrate remarked that the Bench considered from the evidence that the complainant had been drinking, and had used abusive language towards the defendant, who had his remedy, but had no right to commit such an assault. In consideration of being *

locked up and the expense home a hghter penalty •»*££&'?* h » would otherwise have been tha » fined 20s and costs £1 6s. Defen <*ant *«, EMBEZZLEMENT Charles Whittaker was brought an ' The following was the evidence for «, secution :— t0 ior the pre. Mr Inspector Pender sworn <!»-. _ arrested the prisoner on the waiLS Bpos tM TH f tika /j found w-HSSft* I cautioned him, and brou*!,*- Z y ****** Christchurch. Prisoner She ife 7* *> by the Gothenburg for tended returning. On his Wtt v >,»_.' he ln ' by Detective Brown said Manning kept his accounts he had given Manning a week's n«»;« _ *]•*' he left. The sum of*£ 6 fift** by the watch-house keeper ot Hoffifa i? a . B soner's presence. Prisoner said it isl Pn * he had borrowed on the Gothenburg William Manning, a brower >n Ch&tclw deposed-Prisoner was in mv onmill • ' November 1867, as drayn2 To service on the Bth March, at noon. __*« *' mc no warning. Prisoner's duty J„T hver beer and to receive payment t£ T to account every day for the money fc? ceived. Prisoner when he retunJl ?" entries of tho moneys he S in the cash book VoduJL W 12th January last I P sent a cuk J beer to Mr Holman by the 2L° f The price of the beer was £ 4JIO. caah P ff' never received payment for that cask a T I havo frequently spoken to prisoner about iT ana he told mc he could not find the £££ He told mc Holman had not paid him, „ft have told him on several occasions tn Lv Holman On March 2nd I to get the money. On his return nrlZI told mc Holman had not paid him. iwj? has never told mc that he had received t! Z money. About three weeks ago I again uH prisoner how it was that the cask bed not been paid for, and he told mo that he £2 made a mistake. I accused him of doi™ something wrong,and it was then prisoner said he had made a mistake. Since prisoner left I applied to Mr Holman, and ho showed mc receipt for the cask of beer signed by the prisoner. I gave prisoner notice to leave I afterwards said I would retain him in'jot service, but I would keep him at homo, Prisoner did not say whether he would stay* His week was not up when he loft. Prisoae? earned the book produced. He had no bmj. nesa to take out leaves and leave blanks, J_g receipts on the counterfoils are tho Big*_&twcs of people who received beer. On tho 2*lth January I sent by prisoner a cask of beer to the White Horse hotel. I put the cask down at £4 15s. I have never received payment for that cask of ale. Prisoner made the last payment on account of Mr Garland, on the 3rd February j he then paid mc £14 13s 4d. That amount was entered in the cash-book by the prisoner. He explained that it was for beer had in January. That was not tho full amount due to mc by Mr Garland for bees delivered in January. There was £5 lis still due. Prisoner told mc that Mr Garland had not paid for the beer delivered on tho 27th of January, and I carried it forward to next month. I am quite sure prisoner mentioned that particular cask. I have applied to Mr Garland for the amount, and he showed mc a receipt for it signed by the prisoner on tha 11th of February. I sent twenty-two galta of beer to the Valley Hotel on account of Mr Garland on the 26th February. I sent a estof beer to tie .ame place, and on the same account. The amount of the two casks is-0!) ss. If paid within one month the price would be reduced to £5. I have never received payment for those two caska. Prisoner had never in any way accounted for one payment of the two casks. Since prisoner has left mf service, I have applied to Mr Garland, and ha showed mc a receipt signed by the prisoner, The amount was received by the prisoner on the 6th March instant. On that day he did not account for any money received from Mr Garland. Cross-examined by Prisoner—On the 6th March I received £3 4s lOd from you. The entry in the cash-book is in my handwriting from your statement. I received £& 18i 6a on the sth March. The entry is in your handwriting. You have never given mc monoy that was not entered in the cash-book. I may have omitted a trifle, but never a big amount. John Holman, botelkeeper on the Ferry road, stated—On the 12th January prisoner brought mc a cask of beer from Mr Manning. I paid prisoner for the beer on the 23rd Jan., and I got tbe receipt produced signed by prisoner. I did not owe Mr Manning for ssj other beer. . Henry Garland, landlord of tho White Horse Hotel, deposed—On the 3rd of Feb* ruary last I paid prisoner £9 on the M ! receipted for £9 10s, 10s being allowed for discount, and £5 13s 4d on the other W, making in all £14 13s 4d. Those payments were made for the goods mentioned in tbwo receipts. I paid him for tho cask of a!a da* j livered en the 27th January on the 3rd Fab' 1 ruary. On the 6th March I paid prisoner for two casks delivered at the valley. Ths if ceipt produced is the one I received. I p"» prisoner £5. . This was all the evidence offered by w police, and prisoner upon being cautioned reserved his defence. He was thereupon co©mitted to take his trial at the nextmsion® the Supreme Court. . Prisoner was further charged with roigag and uttering a promissory note for £80, pw» porting to bo signed by James Sbernff, w» intent to defraud. The following evidence wsa taken— - Police-Sergeant Jeffrey deposed to > tsßDg the prisoner into custody, who on b«ngJJ* rested said "Ah well, I suppose I shaU »~ to do the best I can j I wish I?&™**L gone to that place, then I should! boJWJ been into this." meant ManMf * when he said " that place." James Sheriff, sworn, stated-I •»• .SJS cutter residing in Kilmore street. 1 » t0 . sign a promissory note in November I**» prisoner's request. I did not sign the pjoij" sory note produced marked A. l8 J°!^ t similar note about two years ago at pnw 3 * request. I never saw the note again. Morris Harris, sworn, stated-I **+££, and discount agent residing in OWjfi In November last prisoner came to my and borrowed a loan of £30 upon tb»*gj of Mr Sheriff, the -tone-m-son^ .&»_ signed the promissory note, then toe* :» ° - aSI brought it back with the porting to be that of James Sheriff. 1 &c» £ to I Mr Sheriff's had his siguature to a pronussi ~yj* years before, and gave prisoner the ™*®V' 7 Prisoner reserved his defence, andl «* *». mitted for trial at the-" Supreme £&-«•