MAGISTERIAL.

Press, Volume L, Issue 8579, 5 September 1893, Page 3

MAGISTERIAL.

CHRISTCHURCH.

Monday, September 4. (Before Captain Deighton, F. A. B. Bishop,

and W. D. Lawrence* Esqrs., J.P.'s.)

Lifting Lead—Richard Hartshorn, alias Baker, was charged with having stolen 172cwt of lead belonging to some person or persona unknown. Inspector Broham prosecuted and Mr Donnelly appeared for the accused, who pleaded "Notguilty." ActingDetective Marsack deposed to being told off to watch a certain, quantity of lead which was hidden in a right-of-way between Tuam and Lichfield streets. About midnight on Saturday the accused visited the right-of-way, and commenced moving the lead, but desisted when he heard footsteps. Chief Detective O'Connor also gave evidence, after which Mr Donnelly submitted that there was no case against the accused, wno had not acted in the manner of one intending to steal the lead. The Bench came to the conclusion that there was not sufficient evidence to convict, and the accused was discharged. Alleged Assault and Drunkenness. — John Holder was charged on remand with .drunkenness, having on the 31st August assaulted Constable McAlister with a knife while in the execution of his duty, and having damaged the uniform of the said constable to tne extent of £2 ss. Inspector Broham prosecuted, and Mr Hoban appeared for the accused, who pleaded not guilty. Mr Hoban said that he had only been iustruoted on Friday, and as one of the offences was of a very serious nature, he would ask for an adjournment for s> few days to obtain witnesses he had not been able to find on Saturday. Inspector Broham said he wished early notice had been given as it would be inconvenient to bring his witnesses again. The Bench suggested that the witnesses for the prosecution should be heard. Inspector Broham answered that he would rather consent to a remand than that course should be taken.. The Bench decided that a remand would be the beep thing to do and adjourned the case until Thursday next, similar bail being allowed as on the first remand. Taking a Hobse and Cast. — James Alex. Dermott and William Whitley, two young lads, were charged with having on 3rd September, 1893, stolen one horse and cart, value £35 10s, from Madraa street, Christchurcb, the property of Ah. Kuriai, of Woolston. .Dermott stated that he was fifteen years of age, and Whitley twelve. Inspector Broham said that the prosecutor missed his horse and trap from. Madras street on Saturday afternoon. 'Suspicion fell on the boys, and they were eventually arrested and confessed co the circumstances. They had driven the horse about until they had a breakdown at the Port Hills, whete they left-it. -The prosecutor, who was a Chinaman, had loafc a pound of tobacco from the cart, and had paid 10b to a man who had informed him where the horse waa, and he recovered it this morning. The question in Inspector Broham's mind was whether there was a felonious intent. The Bench decided that under the circumstances the boys would be discharged on the understanding that their parents administered to them a severe flogging, and that Dermott, who had been previously convicted, should pay the costs incurred. vagrancy. — Alexander Milne pleaded " Guilty" to a charge of vagrancy. Inspector Broham said the man visited the police station on Sunday evening, stated that he had no home, no friends, had had nothing to eat for three days, and asked the police to take charge of him. It was decided to remand him for a week for inquiries to be made.

(Before R. Beetham, Esq., R.M.)

Civil Cases. —Dawson v Hawken, claim £3 18s. Mr Beacon for plaintiff, Mr Lane for defendant. In vApril last plaintiff bought at auction from Messrs Todhunter and Jennings, who sold, on behalf of 4efendant, a cow described as " springing to calve in a day or two." The animal was taken home and allowed to run in a paddock for four days, when showing signs of great pain, she was found, on examination, to have calved, apparently some days. She was milked, but went dry almost immediately, aud defendant afterwards admitted that she had dropped her calf before leaving his place. Plaintiff caused her to be sold and now claimed the difference, as above, between what she fetched and what she cost him. After evidence, Mr Beetham said there appeared to have been a good deal of delay in the communications between the parties when the state of the- animal was discovered,* but plaintiff had been misled and should not suffer loss; judgment for plaintiff for amount claimed with costs. Byrne v Kelly, claim £12 14s on judgment summons. -Mr Byrne appeared for nimself, Mr Burgese for the debtor. It was elicited that the debtor besides having a good fixed salary had something available on. an insurance policy, and'an adjournment made till October 3rd to enable an arrangement to be made. Judgments went for plaintiff by default with costs in Clark v Mason, £1 10a, and Caudwell v Mack, £2 14s 3d. Hobson v Richards was adjourned till September 28th.