MAGISTERIAL.

Press, Volume XLI, Issue 6055, 11 February 1885, Page 3

MAGISTERIAL.

CHBXSTCHT7BCH Monday, Fkbbttaby 9. [Before B. Beetham, BJBfL, and F. Guinness, J.P., Ssqs.l Dbuskekkxss.—James Kirk was charged with being found drunk and assaulting one Margaret Thompson in Colombo street on Saturday night. The prisoner said the -woman, had stolen his purse, and he was merely trying to recover it} he was fined 10s. For first offences, five men were each fined 53.

Bowdt Bkhayiotjb.—John Toorish was charged with using obscene language, -with assaulting Constable Daly, and with damaging the constable's shako. He pleaded guilty. The man, while intoxicated, attended a Salvation Army meeting on Sunday night. Hβ obstructed the entrance, and when requested to leave made use of bad language, and was very disorderly. He was then arrested, and when on his way to the lock-up tripped up the constable and tried to escape. As this was his first appearance, the Bench said they would not deal severely with him. He was ordered to be imprisoned twenty-four hours for using bad language, to be fined £1 for resisting the constable, and to pay 10s 6d damages. Tuisdat, Febbtjaby 10. [Before B. Beethaxn, 8.M., E. Westenra, J.P., and P. Guinness, J. P., Esqs.] *■ Dbunkennbss.—A woman who had been arrested on the previous night for this offence, and who did not appear to answer her bail, was fined JBI. Danger at Eailwat Crossings.—Jae. Murray was charged with having crossed with horses and a vehicle a railway crossing when an~ approaching train was in sight. Mr Joynt appeared for the Railway Department, Mr Weston for the defendant. Mrs Butterworth, crossing keeper at Montreal street, Christchurch, deposed that on January 19th, about 11.20 a.m., she was made aware of the approach from the railway station of a special engine going towards Addington. She went to her duty as usual, and found the defendant driving a three-horse omnibus coming up Montreal street northward. She ran towards him, held up her hands, and called on him to stop. She also afterwards held up her flaga. The engine was then a very short distance away—between Dorham and Montreal streets. Defendant said "Nonsense, there is plenty of time." He then drove across the line. The 'bus wae full of passengers inside and out. The engine had .been stopped, nulling up within a few yards of the crossing. Henry Layton stated that he was the driver of the engine above mentioned. It was going slowly along when witness saw the cross-ing-keeper holding up her hands, and about two minutes afterwards defendant drove across the line. Witness shut off eteam and put his brakes down. He was then three and a-half or four chains from the crossing. The engine was a light one, and was stopped when about a chain and a half from the crossing. If the engine had had a train behind it, or if any time had been lost, there must have been an accident. He was whistling loudly all the time. There was nothing to obstruct the view of the line from the omnibus. Edwin Cuthbert, C.E., deposed that he was in the middle of Hazeldean road, which is about 46ft in width, and runs alongside the railway, on the south. He saw the crossing* keeper hold up her hands. The bus did not stop but went on across, and immediately afterwards an engine passed. The bus, after the crossing keeper gave the warning, might have been pulled up, it could not have been turned round, nor taken along Hazledean road either way; it was too far advanced for that. This was the case for the prosecution. The defendant swore that he could not ccc what was on the line until the omnibu9 was fairly on Hazledean road. On this occasion he saw nothing till he was right across the road, and within fifteen yards of the rails. The crossing keeper then ran out and held her hands up. She had no flags. Defendant pulled up at once, but when the vehicle stopped, his horses (three abreast) had their head over the first line of rails. He looked down the line, and saw the engine coming up. He whipped up his horses and crossed in safety. If he had not done aa he did, he must, if he escaped being run over, have had.an accident through the horses being frightened by the engine, and, he had no time or room to turn back or away from the line. Two witnesses (passengers) gave substantially similar evidence, stating moreover that defendant had acted with ekill and judgment. The Bench said the offence had been moved. The omnibus might been stopped in time if the driver so wished. Aβ to the horses being frightened, it was not likely; the driver Tiimgnif said that his 'bus crossed there fourteen times daily, and that the same horses worked constantly in it part of each day. Considering that there might have been misjudgment on his part, defendant would be fined £5 with costs.

Civil Casz3.—Hale and Co. v Kemp, claim JEB 2s 6d j judgment for defendant. Judgment for plaintiffs by default, with costs, in Hale and Co. v Jebson, £1 17b 6d, and Doyle v Murphy, XI 17s 6d.