MAGISTRATES' COURTS

Press, Volume XVIII, Issue 2668, 17 November 1871, Page 3

MAGISTRATES' COURTS

«, CHRISTCHURCH. '■ Thursday, November 16. l ( Before C. C. Bowen, Esq., R.M.) < Drunk and Disorderly—John Miller was fined 103. J Breach of City Bye-laws—Daniel t Howard, Philip Ball, and John Tetley, for f allowing cattle to stray within the city, s were each fined ss. Alfred Osborn, for ' tethering a horse on Cambridge terra c was - fined 10s. Hans Clarke and Thomas McKay t for permitting their licensed vehicles to i stand elsewhere (Gloucester street) than on a £ public stand, were each fined 10s. t Cattle Trespass —The undermentioned * persons, for allowing cattle to stray within the country districts, were fined in the following amounts :—William J. Walter, os ; Thomas Murray, ss; and Andrew Maher, 10s. c Breach of Dog Nuisance Ordinance— _ William Shaw and George Green, for bavin" J unregistered dogs in their following, were J each fined £1. j Breach op Stage Carriage Ordi- c nance.—Willian Crowe was summoned, on c the information of Walter Hartnell, for using 1 a stage carriage on the Sumner road. It ap- a peared that the defendant has a license for \ carrying gjoods, and that on the day in <jues- r

!, tion he was engaged to take a private pic-uic <i party to Sumner, but he had not plied for a hire along the road. His Worship said there was nothing in the Ordinance which pre--3 vented carriers from acting as defendant had done. Tbe complainant stated that he had r seen tho defendant take up two passengers a on the road, aud that was why he had laid the information. Tho defendant and a wite ness called by him both stated that the prisons formed part of the pic-nic party, and s were not passengers. The information was dismissed, and complainant was ordered to t pay os expenses of a witness (C. W. Sharpe) c called by defendant. Mr Sharpe gave the s expenses allowed him to the poor-box. c Breach of Bridges and Ferries Act. —Frederick Schultz, a German, was sum--1 rnoned for refusiug to pay his toll for crossi ing the Rakaia Ferry, on the 6th inst. Wilr liam Dunford, ferryman for Mr David Mide dlcton, the keeper of the Ferry, stated, that the defendant followed the coach through c the river, and refused to pay the toll when 2 applied to. He made application to defendant a second time, when he threatened him s with the butt end of a gun. The defendant, r through Constable Bell, who acted as inter- ;. pretcr, stated that he offered the ferryman - 2s, which he refused to take. He denied j having threatened the ferryman with a gun. 3 He always carried one. and he merely used ; it ou this occasion to keep off tbe ferryman's 3 horse. As it appeared that the proclamation by the Governor or by the Superintendent i under delegated powers, had not been issued authorising Mr to levy tolls, the : information was dismissed. Assaults, ke —Frederick Burns was summoned for assaulting Robert Russell, of tho White Swan hotel, on the Bth of November. His Worship, after hearing the evidence, said that defendant had been put out of the house by the complainant and his barman, and it would appear that he had come off second best, and also, on consideration of his having come from Southbridge to answer the summons, he would dismiss the information with a caution. An information by Ellen Marshall against her husband, Robert Brown Marshall, was withdrawn, by leave of tbe Court. Charles M'Guchie neglected to appear on a summons for assaulting his wife, Jessie M'Gachie, and a warrant was ordered to issue for his arrest. Lunacy.—William Lawson was brought up in custody. From tbe evidence of the apprehending constable aud a witness, at whose house the defendant has beeu lodging for some years, it appeared that the defendant had been drinking hard during the race week, aud was now suffering from the effects of delirium tremens. The witness (Eagle), at the request of his Worship, undertook to apply to the Judge to have the defendant confined in the Lunatic Asylum for curative treatment. Larceny.—Robert Bartle was charged (on remand) with stealing four rhododendrons from the garden of Mr William Wilson, Cashel street. Mr Joynt appeared for the prisoner, who had been remanded until today to enable him to call witnesses for the defence. Annie Rich deposed that in September last she was a servant at Mr Wilson's. Bartle was there one evening towards the end of September, and had some supper. After supper, she heard Mr Wilson and prisoner talking about flax and plants. Prisoner asked Mr Wilsou to do him a favor, and Mr Wilson said he would. Prisoner then asked him to give him some plants, and Mr Wilson consented. Witness left Mr Wilson's service on the 23rd October, and it was before that the conversation took place. Mr Wilson was tired and drowsy, and Mr Wilson asked him to go into the sitting room. By the .Police : Witness did not hear anything about rhododendrons. By Mr Joynt: Had she heard the word rhododendron she would not have remembered it. She knew nothing about flowers or plants. Anuie Sinclair, ths wife of William Sinclair (of the East Town Belt) stated that the prisoner repaired a,sewing machine for her, and brought it home on Friday evening, the 15th Sept. She could not state the hour, but it was after the children had gone to bed. Prisoner was at her house about a quarter of an hour, and so far as she could judge he was quite sober. She believes be came there about eight o'clock. Joseph Andrews stated that on the night of Friday, the 15th September, he was with Bartle for three hours, and on the Thursday evening previous he was in Bartle's company, from seven till half-past nine o'clock. On the Friday evening he assisted him to take the machine to Mrs Sinclair's. On neither of these nights, during the hour that he had mentioned, was Bartle out of his sight. Mr Pender called the following rebutting evidence : —David Brown, a servant in Mr Wilson's employ, deposed that he heard a conversation between prisoner and Mr Wilson, at the lattev's house. The conversation was about flax only ; he heard nothing about any other plant. By Mr Joynt —Part of the time he was in the scullery and part in the kitchen. He heard a conversation between Mrs Wilson and Bartle to the effect that they were to exchange some plants. Mrs Wilson stated thac she heard the conversation between Mr Wilson and the prisoner, who was going to the Halswell to fetch some flax that he had cut. and he had a sample with him. The conversation was entirely about flax. Nothing was said in her hearing about Mr Wilson granting prisoner a favor. By Mr Joynt—Mr Wilson was tired and drowsy, and it was late in the evening. Witness did not ask him to go into the sitting-room. Mr Joynt, for the prisoner contended that there was confusion in the mind of Mrs Wilson. There was no reason to doubt the witness Rich's evidence, who had deposed to having heard Mr Wilson consent to give prisoner some plants. They had also the boy's evidence as to an arrangement between Mrs Wilson and the prisoner for exchanging flowers. After hearing the evidence of the witnesses called for the defence, he would ask his Worship to cast aside the evidence of the witness Stone as unreliable. From an expression that had dropped from Mr Wilson about prosecuting prisoner on other charges, it was evident that a strong feeling had prompted him to prefer the present charge against the prisoner. He would also point out to the Court that it was unreasonable to suppose that the prisoner, who bad every opportunity of obtaining plants, would have run the risk in stealing two plants of sunh a small value, and that had it been his intention to steal them, he would not have done it ir> so clumsy a manner. His Worship said that prisoner had had every opportunity of bringing forward evidence, but he was sorry to say that he had no doubt of prisoner's intention iv taking the plants. He could uot accept what had been said as to Stone's evidence. The prisoner's conduct was not consistent with innocence. Mr Pender here stated that he desired to give evidence of a previous conviction against the prisoner. The records of the Court were produced, and proved the conviction of the prisoner in 1864 of stealing trees, for which he was fined £5, and ordered to pay £2, the value of the property stolen. Mr Joynt here stated that he was altogether taken by surprise at the production of the previous and that he would withdraw from the case. J. Armstrong, Government gardener, deposed that the prisoner in 1864 was convicted of stealing trees, the property of Mr Miles. Prisoner was convicted and sentenced to three months' imprisonment, with hard labor. -Mr Joynt asked his Worship whether he considered that in conducting the defence he , had cast reflections on MrWilson's character, , as Mr Wilson had taxed him with having : done so. His Worship replied that there was nothing Mr Joynt had said that was not . within the license accorded to counsel. Mr \ Wilson remarked that the license allowed , was rather extensive. ' Slaughter- Ho use Licenses were ] granted to the following persons:—Abraham 1 Ashworth, for section 154, Addington ; W. 1 M. Chisnall, section 1725, Fendaltown road ; Jacob Dunford, on Ferry Reserve, Rakaia; i Robert Deane, homestead, on run 575, Ease- i dale Nook ; W. H. Mem, on section 76, Lin- i coin road; J. Mcßae, on section 6321), and ! homestead on run 414, Alford Forest. The i application of G. Bill and Thomas Kneeshaw i were adjourned to the 23rd November, for report hy the police,