MAGISTRATES' COURTS.

Press, Volume XXII, Issue 2706, 10 April 1874, Page 3

MAGISTRATES' COURTS.

CHRISTCHDBCH. t , ThuESDAY, APKIIi -% :-- I Before G. Lv Mellish, Esq, 8.M., and J. _ Ollivier, Esq, . : : ;. AFFILIATION. James Harris Brett, of Mount Tbrleese station, was summoned by Elizabeth Ann Lilly that he being the father of an illegitimate child, had neglected to provide for its gupport contrary to the Destitute Persona Belief Ordinance. . Mr Joynt appearca for the complainant. Mr; Malet, clerk to the Court, mentioned that defendant had paid £50 into Court in satisfaction of this claim. • Mr Joynt pointed out tb the Bench that defendant's having done so hefore an order had been made; bj tiie Court was useless, as under those circumstances hie client would bennableto touch it. He desired that the Bench would hear the evidence, and would then ask that an order be made, and called . Elizabeth-Ann Lilly, who statedr-rl P the motherof an illegitimate child, born sth July of last year. It is a male child, and, is still living. James Brett is the father of .it.. He has been applied to to maintain the child and has refused to do so. : Mr Joynt stated that defendant had been sued in the Supreme Court fW damages, bat had not yet paid any.

' The Court made anorder for defendant to pay 10a a, week, arid £1 Is professional fee, giving him the option of. compounding, by paying a lump'ium of £50. JIiNSLAUGHTEK. Charles Huntley, Daniel Clow, charged, on remand, with the manslaughter of Charles Harding, was called, but as the police .were not quite ready to goon with the case, he was further remanded until today. LTJNACY FBOM DBIKK. Alexander M , Lean Steele, who had been remanded for a week to Lyttelton, w«s again brought up and discharged with a caution. OBTATNING- MONEY UNDER FALSE PRETKKCEB. '"'■'■ Francaie Walstab, remanded from Lytteltop, was charged with obtaining £10 by false pretences from Mr C. E. Bird, of Bird and Bennett, TattersalFs. i Mr Cottrell watched the case for the ac- _ .....' ; Charles Edward Bird examined, etated—l am an auctioneer and partner with Joseph Bennett. ' I prisoner and recollect Tiis coming to mc on Saturday, 28th March llaet. "He asked me-to change the cheque produced for £10. I-handed it to the clerk who-gave him the money. -1 1 am sure the clerk cashed it. I paid the cheque into our account at the Union Bank on Monday, end subsequently learnt from the Bank that the ! cheque was dishonored. ■; I know the prisoner's nathe^as Frances Walstab.; I did not see him sfgn the cheque, but I was led by him to believe that it was his , own cheque.! iOn the Monday, morning after it had been paid in,'the prisoner asked mc to hold it I over. I _J trave~never got the-money. I bei lieved the cheque was good when the clerk ; cashed it* I

By Mr Cotterell—On the Monday momipg.became tp.me, and asked mc to hold it over, and! referred, him to the, manager, of the bank. •, . ' "'. •".'.,'

William Dymock, sworn—r am manager of the Bank/ of Australasia. Th,e cheque produced was dishonored, as there was no account at-.the bank. . I know the prisoner. He has.neyer had any account at the bank. He had, so far as I know of, no reason to believe that the cheque would have been cashed. ' ~ ■ ' '~'...' ..

/'Thqmae.'C. Pearae examined—l am clerk, to Messrs Bird arid Bennett. 1 recollect seeing the accused on Saturday week last, 28th, March, with Mr Bird. I afterwards cashed the cheque produced for Mr Walstab. I gave him ten notes, for it. 'A'nbther charge of obtaining £30 from Mr Alfred Thompson on, lltti'February last was preferred against'accused.' , . Alfred Thompson examined—l am a solicitor' residing in Hereford street, Christchurch., I recollect prisoner, coming to my office on 'H'th February', last. He asked mc to lend him some money, and offered mc a draft on his father,, George Wai stab, of Melbourne. He said'hie father was ah anc-i tioneer, doing a Jarge business there, and that his father would honor the draft when presented. I agreed to that, , arid the draft produced 'was prepared. 'Pri* sonergoj; the form, and rilled it in. After the draft was signed I gave him the | cheque produced for £30. The cheque has been paid and -debited to my,account. I put the draft into the Union Bank for collection in Melbourne, and to be forwarded there, and about a month afterwards I received notice from the Onion Bank that the draft had been returned dishonored. The draft shows on the face of it that it has been presented at Melbourne. Afterwards on 12th March I saw the prisoner. He expressed great; annoyance at the occurrence, and said he had forgotten to advise his father about it •but that he expected to receive £400 in a . fortnight and he would then pay mc. I: waited that time and he did not pay me,;■ and when I saw him he f said if hej did nbt get ' the Tmoriey by the Albion, | he would raise the money. After the j Albion's mails arrived from Hokitika' Isawtiiin on the Sunday, and he said he would give mc a cheque on the Monday morning. • On that morning I met him in the street,! and he said he would be up at my office directly. At three o'clock he drove up to 1 'my office in'acabj and'said be Was rather in. ; a burry, as he was going to see a friend off by the Albion, but he would give mc a! cheque. He asked-me for a cheque form' on the Bank of Australasia. • I gave "him some blank cheques on the Bank of New' Zealand; and he altered them, and after spoiling two forms, as I thought he wag in a ; hurry, I said—-' . Oh, never mind, I'll see you this evening at the Clarendon." I«went to the Clarendon in the evening and found he had gone by the Albion. Before I gave , ■him the cheque for £30, in reply to mc, he, said that his father would be, sure to honor the draft. ■ j

By Mr Cottrell—The prisoner said to me' when the draft; wae dishonored, that he had forgotten to advise. It depended upon circumstances whether it would be nebessary.for a person to advise, but I should think a< father would honor his son's draft without: being ad vised-at the time.

'■'• '•' Thomas' 'Mote stated—l- am clerk in the Union Bank of Australia, Christchnrch. The cheque produced has been presented at| the bank, and paid and charged to Mr Thompson's account. The draft produced' was sent up through the bank to Melbourne, and was leturned -dishonored. From the: memo made on the corner of the draft I can swear that it has been presented and dishonored. The draft is of no value until it is cashed. ■;■■■ ! ■ To the Bench-*-The answer on the corner of the draft was made in Melbourne.. > By Mr Cottrell—The answer on the corner is " no advice ;" that is,: that they had received no advice from the prisoner. To the Bench—The words would imply that there being no advice from the prisoner the Bank had no authority to pay. That answer was from Mr George Walstab, the drawee. Gebrge Benjamin Dance stated—l am a constable, stationed at Christchurcb. I was at the police station when prisoner arrived there on.Sunday. He came under arrest; from Dunedin with Constable Yernpn. Mr Cottrell said, that the. prisoner had drawn on his father, and though it was usual to advise in ench cases, the prisoner had only been guilty of gross carelessness in not doing so, and there waa nothing in the evidence to show that at the time of giving: the draft he did not believe it would not be honored when; presented. He (the prisoner) did not attempt to run away when he learnt from Mr Thompson that the cheque had not been honored.. From Mr Thompson's evidence alone it showed no intention to defraud, and he woHld ask the consideration of their Wwsbips on the whole of the circumstances. The Bench stated they would send the prisoner for trial, and committed him to take his trial on both charges at the Criminal Sessions of the Supreme Court, now sitting. DBIVING WITHOUT REINS. Peter Stevens, for driving two horses without having reins on the leading horse, was fined 10s; and William Chapman, for a similar offence, was also fined 10s. BREACH OF RAILWAY OFFENCES ACT. Henry Jackson was summoned for allowing eight horses to wander on the railway line, on the 4th of March, between Riccarton and Middleton stations. Defendant admitted the offence, and was fined 40s. DRUNK AND DISORDERLY. ' Augustus Yelverton, for this offence, was fined 20s, or 24 hours'. BREACH OF CITY BY-LAWS. The following persons were fined for permitting horses and cattle to wander on the public streets:— Frederick Hobbs, ss; and William Neighbors (5 horsea), 10s. H. Farhman was summoned, at the instance of the Inspector of Nuisances, for permitting a goree fence to remain on .his premises for seven days after notice had been served by the Council, and contrary to the city by-law. . W. Pearcf, Inspector of Nuisances, stated that defendant had received a notice to cut his fence - whicji he complied with, but on measuring it ft was found tliat it had not been sufficiently cut. The case had been before the Court previously, bat Mrßowen said the information had not been laid under the proper clause. The present information had since been laid. He would mention that Mr Bowea had said that the Council

could order a fen><;e of thiskmd to be grubbed up altogether. -'--■■■ ' _ Mr Fuhrmann said that the fence had been cut two months ago. He had received a notice to grub it Qp. The property did not belong to him and he had received a note from Mr Blakiston, the landlord, to the effect that this fence was outside the proclaimed building block, and the Council had no authority to make the order they had made. Inspector Pender mentioned to the Bench that he was under the impression why the Council had only previously ordered the fences to be cut within certain boundaries was not to put the public to more inconvenience than could be helped, as there were 60 many gorse fences throughout the city. The Magistrate said, that reading the clause he interpreted it that the Council could apply the order to the whole of the Borough, and it was only through courtesy, and studying public convenience, that they had confined the order to within certain limits. : _ Mr Fahrmann considered this proceeding, after he liad complied with the first order, -was a most arbitrary one oh the part of the Council.'

His Worship reiterated his reading of the bye-law, and felt the Council had the power to itnake~thiß order throughout the borough, and their not doing so was simply.forbearance on their part. As the fence was allowed to remain one day over the notice stated in the bye-law ithere was no discretionary power given as to fine on thatohe day; the Act was Compulsory, and compelled a fine of 40s each day over the seven, but for the other days a discretionary i power was givento the Bench. Defendant would be fined 41s, and he must remember J that for every day the fence was now allowed ito remain he was liable to a fine of 40s. ! - Th« case against H. Toomerfor permitting his yard to remain in a dirty state, was adjourned for a week. BREACH OF DOG NUISANCE OBDINANCE., George Ellis, for being the owner of an ; unregistered dog, was fined 20s. 1 MBEACH OP PUBLIC HOUSE ORDINANCE. • Thomas Blythe was summoned for not keeping a lamp burning on his licensed house on Sunday. Case adjourned for a week. ILLEGAL BESCUE OP CATTLE. Joseph Boalloswki was summoned for rescuing a mob of cattle from Mardock 1 Gillanders on the 2nd March, while he was driving them to the pound. Mr Thomas appeared for the defendant. [ After hearing evidence, the Bench dismissed the case, defendant to pay costs, £3 i 14s 10d. •J. L. Hendley was summoned for a i Bimilar offence, aud after evidence had been given the case was dismissed. VIOLENT ASSAULT. . A charge against' Alfred Drake for violi'ntly ■ assaulting; .Alexander Barrow was withdrawn by leave of the Goart. A cross summons for assault between same parties was also withdrawn.