MAGISTRATES' COURT.

Press, Volume XXII, Issue 2665, 20 February 1874, Page 2

MAGISTRATES' COURT.

; ♦——: — '« '> '" CHRIBTCHUBCH. Thubsday, Febbuab* 19r [Before 0. C. Bowen, Esq.. 8.».i LUNACY. .',..-* Abel Helps, who had been fouoo »£*£ 57 • geant Kennedy wandering about tho "*J - at New Brighton, nearly nude, *««-•» , until to-day. His Worship said he ***» «-, like him to be seen by the doctor in *"■ V. meantime. 'I DBUNK AND DISOBDEBLY. . j f Thos. Mansfield for this offence, wm »" ,: 10s ; i ' DBUNK AND INDECENT Chas. Cooper on remand for | / was again brought up. ■, ~ y. J <* \ Sergeant Wilson repeated his evident t : , the previous day. _,Wrtt I<f The defendant said he was very wny ; , j having appeared in Court drunk the «v commented on thedisgrt«J position defendant had brought by such a charge, which had caused through drink. He j ihofW'» ~ hear of his abstaining from and warned him against his appearing- ~* him again. Fined £5. „,,,~*irtJ& OBTAINING MONEY BY »-"* W J3V Edward Thompson was having obtained £5 from Hyam 'XW™ a false pretence. ~ -„„„«?* ' Detective Feast—l arrrsted / terday on the wharf, at Lj"* 3 " 0 ": jpP warrant produced, on board «» steamer. I told him he was obtaining £5 from Mr Nathan by tences on the Saturday previous. row gll m in trouble again, drink is tbecaoiB o», -, % troubles, and asked mc if he ujW - sentence for it, and that he bad beoa w to get away in the Maori. , Hyam Nathan—l am a ], ice f n cja# broker, watchmaker, and jeweller, "> -* street. I recollect the prisoner .. my shopon Saturday last, between *» of one and two o'clock, after w» „* ' and produced the sola of : »w™» i or in Court, and Btated that *»«*

«#• *-ot - the"Bank- of- New Zealand-had cash it but it was after Bank Kuwd that the manager of the Bank had Commended him to come to mc or Mr Hern and get an advance until Monday 10 mini? when it would be cashed. I asked sola was made and he told «the manager of the Bank had written it. irhut the body of it bad been written in the i~*v I then asked him if he had any obiooHon to my sending a messenger to the ■Rank to see if it was so. The answer received ~7_ the Rank was, that the manager was t. When I told him 1 would send a mes_~TceT be said nothing, and remained in my *££i while I sent one. I told him I did not 51 such things (solas) as a rule, It for customers. He said he would one and looked out goods JTfhe value of £28. As the messenger T had sent to the Bank told mc that he iimdthat the sola had been made in the Sank and as I thought that the bill would ■teoaid-on Monday, and as tbe prisoner rfLted that he several times had got money, **m itbe Bank in the same way, I gave £T £16 in advance, but I kept £10 as security for the goods. On Monday I comwith the Bank, and from what I jggnit there I also communicated with detective Feast. 13V prisoner — You did say it was the imager of the Bank who wrote the body Thomas Dymond—l recollect seeing the bill broduced on Saturday last with that Mrtv there (prisoner.) He came to mc and jaked mc jf I would lend him some money on it. as it was past business hours at the tf Bank and that he had the duplicate in his racket I told him I never lent money on Jucb things- He then asked mc to lend it to him out of kindness, but I would not. He laid be had come down from country and it was past Bank hours. Edward Brown Holt—l am manager of the Bank of New Zealand. I recollect aerine the bill produced. It was with the prisoner. This was at the Bank. He had two of them, and asked mc to negotiate them I said I could not in their present form. He said tbe Bey Charles Raven would endorse them. I said if that is done I will advance the money. He said it was too late that day to get the endorsement, and asked xne if I would advance something on it. and I told him I would not. 1 did not say anything to him about Herman or Nathan. - The hill is not endorsed by Mr Raven, but hag, I think, the prisoner's signature on the c heck.-'ltis drawn on Lady Gertrude Thompson. ~ _ .. . . .. _ Rev John Raven—l know the prisoner. I have never endorsed any bills for him. ,He -never had any authority to use my name. To the Bench —His mother wrote to mc when he came out, but I have no authority from Lady Gertrude Thompson to sign any document for him to receive money. By Inspector Pender—Mr Wilson got him " a situation, which I heard he afterwards -^lost. : 'r. - The prisoner said when he went to the I Manager of the Bank he fully believed that as the Rev Mr Raven knew his mother he would have endorsed the: bill, and that he would get the money. His Worship said he was going to dismiss the charge, not because he did not think '"that he had acted dishonestly, but because * Tei did not* wish to . put the country to any m expense where he felt uncertain that a conj. "-notion would he obtained. Mr Nathan had acted somewhat unguardedly, but he (his Worship) was under the impression that as he (Mr Nathan) had sent to the bauk first that the money was advanced partly with • the idea of the accused becoming a customer. Though he intended dismissing the case, he would advise prisoner to act otherwise in the future, as* he had already undergone punishment for larceny, and he would again repeat lhat though not satisfied to put the country to unnecessary expense, the accused had acted very dishonestly in .this transaction,

Charge dismissed. ■■-■■■■■■ ._ BBBACH OP CITY BYE-LAWS

,:•; The following persons were fined for permitting horses and cattle to wander in the public streets and roads :—John Dollan, 5s ; vFipd.; Jenkins, 5s ; Edwd. Buckeridge (two charges), 15s; John O'Neil, ss; S. A. Patrick, sb; William Walls, ss; Daniel . HcGuinness, ss; -Wilhelm Schmidt, ss; Henry Hedge, ss; E. W. Millett, ss; Thos. ' Hackett, ss; Henry Reid,* 10s; F. Ely, 5s ; Patrick Mclaig, 6s j Thomas A. Beresford, 6s ; W. Merriroan, lQs ; John Hblman, 5s ; Wm. Dixon, ss; A. Mclntyre, 6s ;J. McTlrdy, ss; A. W. Money, ss; Robert Bull, ss. Jebn Brook, for obstructing the thoroughfare with his team of horses, he being absent from it nearly fifteen-minuts, fined 10s. 1 BBEACH OP SLAUGHTEB-HOTJSE OBDINANCE. Herbert Armitage was charged with kill- ' ing one head of cattle on the 30th January, at Hißsborough. Constable Haddrell stated that on that day he visited the place and found defend- , ant killing a beast, which he said was for his brother at Lyttelton. An extension of license ' " had been refused for this .place, and the de- ' fendant bad been given six weeks' notice to clear away. The place had been kept in a very filthy state. Fined £5 and cautioned. BBEACH OF PUBLIC-HOUSE OBDINANCE. John Chapman for not keeping his lamp burning over his licensed house, was fined 10s. VIOLENT ASSAULT. William Karison was charged with violently assaulting his wife on the 15th February last. Mr Joynt appeared for the defendant. Mary Karison stated that her husband had treated her very cruelly : for the last three years. For the week prior to the assault he had been very unkind to her, and on the Saturday he had beaten her. On the Sunday he lay down alongside of her with a - - bottle of poison, and told her it was not for her but for himself and he intended to take it. She was in bodily fear ofTum. By Mr Joynt—My husband has asked mc not to keep the company of a next door neighbor, I but was in there last Monday. I had,a -young lady staying with mc as a - -• boarder until my h*usbaad_*txightened her \ " away. I am in the habit of driving about '••- )n buggies at my own expense. My husband C , .earns £2 2s a week, and I earn money as a dressmaker. Mj husband does not pay for my buggies, but you can ask Mr Aldridge, where I get them, who does. Ido leave my children sometimes in the charge of a next -door neighbor. I was only out once late. I bring as much work home as I can get. I do swear positively my husband has no ..reason for blaming mc. . I do not go out against my husband's wish. I have not said would compel him to go up the country. I > fhaye left him three times already, and he has come to mc and made it up, and I have

gone home with him. The bottle he had in hia Docket was labelled laudanum. lam at present in St. Asaph street. The woman whose place I stay at is named . . Bartling, and I swear that, so far as I know 4 she is a respectable woman. Mrs Bartling is a married woman, and has a large family. Her husband is not with her. There are other married women and females living there and men. There are no German girls ■ living there. I have not known Mrs Bartling long—perhaps about six weeks. I never was . in her house but once before I went there to seek refuge. The complainant called Robert Gray, who resided at, Mrs Bartling's. The defendant ; had come to Mrs Bartling's and asked for - ...his wife. He was drunk on each occasion When he came, and he saw defendant catch his wife by the throat and press it. Mrs Karison escaped and went for a policeman and wanted him to take her hueband in charge. He had gone there several timesand had illtreated her at times but not very cruelly, as there was a number of people present. He wanted her to go home and she said she was afraid of him, and would not. By Mr Joynt—On each occasion he came there he was drunk. I saw Mrs Karison's on Monday night when I came down the country lor the first time. Mrs Bartling's is in St AsapH street. There are two mates of mine ~J* n S fc here and some women with children. Mr Joynt asked that the case might be a 2£_ raed fora week. He had only been •JnstrucUid that morning and there was some evidence he should like to produce.

•■-_ His Worship adjourned the case for ft-' week. _••-.■■ ASSAULT. Daniel Burns was charged with having assaulted John Malley on the 15th instant The complainant stated that he drove two of the defendant's cows out of his cabbages, when he (the defendant) struck him violently in the eye with his band, with a stone in it. They had a short struggle, and defendant followed him into his house with a clothesprop, and threatened to smash him. The complainant called two witnesses who saw the defendant following him with a piece of a rail in his band. The defendant called Mrs Whitton, who saw Malley going to fight Burns. She heard Malley say, " Now I am in my own ground," and he then struck Burns. The defendant made a statement to prove j that it bad been a general neighborly row in which the wives had also turned out to assist. Inspector Pender said the police had made enquiries, and they learnt that Burns said he would put his cow on the ground in spite of Malley. His Worship said the evidence had been very contradictory, and he would dismiss the case, but he warned defendant not to allow his cow to trespass again in the complainant's .garden, or it might be very serious for him. Case dismissed. ABUSIVE AND THBBATENING LANGUAGE. Mary Anderson was charged with having used threatening and abusive language towards Elizabeth Daly. The case was dismissed. A very trivial charge of a similar nature was preferred against Mrs Eliza Rooney by Richard Witham. The complainant was top ill in the Hospital, and his Worship dismissed the charge. VIOLENT ASSAULT. Emma Bennett was charged with having violently assaulted Ellen Lilly, on the 6th February. The complainant said that Bennett was very sorry for what she had done, and said she would pay the expenses if she'd forgive her. His Worship permitted the case to be withdrawn. SLAUGHTEB HOUSE LICENSES. The following application for licenses to slaughter were granted :—Garforth and Lee, section 154, Mem's road, near Addington ; L. and E. Coster, South Bakaia ; H. Dobson, Mount Hutt station ; Geo. Holmes, Bangor station ; J. Jebson, River Hawkes; C. E. Maxwell, Racecourse Hill station. Tbe applications of H. B. Lane, Lincoln road, and H. F. Richards, Desert station, were adjourned for a week. BBEACH OF PUBLIC HOUSE OBDINANCE. Elizabeth Mortimer was charged with having contravened this Ordinance by selling drink without a license. After hearing lengthy evidence the case was adjourned for a week. CIVIL CASES. Painter, Thompson, and Trickett v Jas Murray, claim £6 ; Mr Joynt for plaintiff ; judgment for £6 and costs £2 11b. M. Carroll v D. Thow, claim £6 ; judgment for £2 and costs 28s. J. Buchanan v Thos. Bevan, claim £20 ; Mr J. S. Williams and Mr Joynt for defendant ; plaintiff nonsuited, costs £2 10s. J. Hardingham v Thos. Freeman, claim £4; judgment for amount and costs 10s. LYTTELTON. (Before W. Donald, Esq., R.M.) Wednesday, Febbuaby 18. neglecting to suppobt a wife. Francis Maule was summoned by Mary Maule, his wife, with refusing to provide for her maintenance. Mr H. N. Nalder appeared for the defendant. The following evidence was given :— Mary, Maule—l am the wife of Frank Maule, and I come here to ask for maintenance from him, he having refused to support mc. He gave mc £1 and told mc to leave the house. I promised to do so if he would give mc enough money. I stopped at Mrs Meade's last night. By Mr Nalder—l charge my husband with refusing and neglecting to support mc. My husband left mc at Mrs Baker's house at tbe end of 1873. I was in gaol when he returned. My husband bailed mc out. The child iv my arms is my own; it was born on the 13th September. My husband was away on the 26th of November, and did not return for five weeks. My husband took mc for a trip; in January. My husband -bailed* mc out of gaol on January 24th. I stayed at home after I had been two trips with my husband. I was committed in 1872 for four months. My husband was away. I remember a constable coming to my house on one occasion to arrest a seaman who was in my bedroom. I went to Christchurch the day my husband returned home after a trip. After my husband put mc out of the house I went to Mrs Meade's. I remember my husband coming up to Mrs Meade's with a constable. I was in bed, there was a man in the bedroom with mc. I was brought up to to this Court and received three months. Shortly before the time arrived for my discharge from gaol I did not ask Mrs Toppin to write to my husband. My husband came to the gaol about a week before my discharge. This would be in September, 1873. Mrs Toppin brought mc into the parlor to speak to my husband. I don't think I heard Mrs Toppin telling my husband that he must leave mc some money as my time was nearly up—neither Mrs Toppin locking the door; I. am aware my husband left a cheque for £2 with Mrs Toppin. I owed Mrs Toppin money for things which she got for my baby. She also got mc a pair of boots. I spent the £2, bnt not in gaol. I think I gave Mrs Toppin £1 58 for things that I had. I did not receive the cheque. Mrs Toppin got mc some whisky. I have never said the first thing got with the £2 was two bottles of gin. I asked Mrs Toppin to send for the* whisky, which was paid out of the £2. I don't know what Mrs Toppin charged mc for the whisky. I had some brandy before Mrs Toppin told the doctor of it. I was also charged with that. I remember being examined on the gaol enquiry. I again repeat that I never told any one that the first thing I bought with the £2 was two bottles of gin. Mrs Toppin*gave mc no account of what she charged for the baby's things. Mrs Toppin gave mc 14s or 16s when I came out of gaol. I think it was on September 10th I was discharged from gaol. I was confined on Sept. 13th. I used the money for different things I bought. I have been in gaol three or four times. I remember my husband bringing mo some port wine when I was in gaol. It was about a week after the new year of 1878 He hrou'ht two bottles. Mrs Toppin told mc so. I did not drink the whole of the two bottles. I am not sure that I did not have more than two glasses out of the first bottle. I don't know where the rest of the bottle was drunk. Dr Parkerson had j not sent a requisition for the port wine or I whisky. I don't know that my husband paid for mc during the time I was in gaol. Mrs Toppin charged my husband with what I I had.

By Bench —I have had no intercourse with my husband since he left mc at home after I went with him in tbe Kaiuma schooner.

By Mr Nalder—One of my little girls told my hnsband the names of the men that had been in the bouse during bis absence. I have never said I would go away with any man.

Francis Maule, sworn, said —l remember Mrs Maule being in gaol in 1872. I asked Mr Morley to go and see Mrs Maule. He went, and in consequence of her promises to him I became security for her. I went away on November 26th, 1872. I had not lived with her for a fortnight before this. When I came back I found her in gaol. I bailed her out on January 24th, 1873. and took her away in my vessel. During the time she was in the vessel, I asked her if she was in the family way. and she said no. She was in the vessel with mc a little over two months. I had bought a house about this time, and furnished it at her own request. She staved at home to look after the house and children. I was away about a month. When I returned I found my house in a beastly state, every door in the house open, the children all away, and no one in the house. My little boy came and told mc

Lnex* -morning that, his mother had broken into the house through the window. I turned her (my wife) out, because my children had told mc what she had been doing- daring tbe time I was away. This was after I had left her at home. I asked Dr Rouse if the child was full grown, and he said it was. I paid au account for Mrs Maule at the gaol. I took her some port wine. Mrs Toppin told mc that the | doctor had ordered her a glas3 a day. Mrs j Toppin said Mrs Maule was suffering from drink, and that the doctor had ordered her to have some port wine. I took it as a hint to bring some. After that I took a bottle of port wine every time I went, and gave it to Mrs Toppin for Mrs Maule. I took two or three bottles of wine. This was during the end of 1872 and beginning of 1873. Mrs Maule was again committed on June llth. About a fortnight before Mrs Maule's time was up, I received a letter from Mrs Toppin, saying she wished to see mc, and that if I would not come she would come to see mc. I went.to the gaol and saw Mrs Toppin. She said something would have to be done for Mrs Maule, as she was close to her confinement and coming out. I said I did not intend to have anything more to do with her. Mrs Toppin said she would not let mc go until I left some money for Mrs Maule. I at last consented to give her some money, as Mrs Toppin said there was a place on the Ferry road where she could live for 16s per week. I gave a cheque for £2, saying that would last her until I returned. I asked Mrs Maule after she came out, what became of the £2. She said all she got out of it was a pair of boots and money enough to pay her train to come through. She said the day 1 was there the cheque was changed to pay for a bottle of spirits. I think she mentioned gin. After j I ordered her out of the house, I found her - two nights after at Mrs Meade's. I went up with Mr Munroe and constable Maguire; she was in bed, and I went into the bedroom, and I saw a man dressing himself. Mrs Maule was at this time in bed. The Bench dismissed the case. RANGIORA. Wednesday, Febbuaby 18. (Before A. H. Cunningham, Esq., J.P.) LABCENY. John Hennessey, arrested by mounted Constable Benjamin, charged with stealing a £10 from John Blyth, at Christchurch, on the application of the police, was remanded to Christchurch. On Thursday morning he was again brought and admitted on his own recognizances of £100 and two sureties of £50 each to appear at the Resident Magistrate's Court, Christchurch, on Monday next!