MAGISTRATE'S COURT.

Press, Volume LXII, Issue 12683, 22 December 1906, Page 6

MAGISTRATE'S COURT.

Mr V. G. Day, S.M., presided at the Magistrate's Court yesterday. John e£oninham, arrested for drunkenness on tho railway station, was fined ss. John Natin, for being found after closing hours without lawful excuse on the Kshibition grounds, was convicted aad discharged. Antonio Fernandez pleaded not guilty to a charge of vagrancy. After hearing the evidence, his Worship sentenced accused to three months' imprisonment, tJie warrant to be suspended if Fernandez stays for that time in tho Samaritan Home. For threatening behaviour, which caused a breach of the peace, Sydney Lane was fined '20a and costs, or, in default, one week's imprisonment. Patrick John Holland was fined 20s and costs, or a week's imprisonment, for threatening behaviour. A charge of theft preferred against Christian Oberg was dismissed, the Magistrate holding that tho re was some doubt about the case: it waa simply ono man's word against another's. Mary Grose, Harriot Dougall. Richard Baldwin, and Thomas Callaghan were lined IDs and costs for riding bicycles on footpaths, and Arthur Honk ins wa.s fined IDs and costs for riding a bicycle at night without a light. For riding a motor-cyclo at a greater pace than eight mile.s an hour, F. J. S. Cavorhill was fined 20. and costs Raymond Wood. William Powers, and C. W. Dawson were lined 10s and costs for leaving their carts unattended in the street for a longer period than five m*nutes. John C. Dixon was fined 10s and costs for riding round a street corner at mere than a walking pace. For hawking without a Hcense, Henry S. Wilson and Nicolas Mallouck were fined 10s and costs. William Atkin. William Thomas, and Joseph Illingworth were fined /is and casts for allowing cattlo to wander in the public street. John G. Warren was fined £o and costs for keeping a disorderly houso. Charge* of using indecent language against Amelia. Cook and Martha Gray were dismissed. For a breach of the by-laws by distributing handbills. John Brown was convicted and discharged. Thomas Richard Savage was fined £;") and co-ts for obtaining liquor during tlie currency of a prohibition order. James Gilmour Hutchesoii w.is charged with having k-en drunk in Manchester street, and ak*o with assaulting John Foster. For' tho first offence ho was convicted and discharged. Mr Donnellv appealed for accused, who pleaded" not guilty to the charws of assault. Dr. Rett deposed tliat Poster was admitted to the hospital lietwo-oii 8 and 10 o'clock on the night of the 10th inst. He had a bruiso on the temple, and was blooding from the right ear. On examination it was found that the drum of the ear was broken. It was probable tliat tlio injury to the drum of the car would be permanent. Alfred Burns, restaurantkeeper, Manchester street, deposed that on tlie night of the 10th instant accused and Foster came to his restaurant about 8 o'clock. Both wero slightly under the influenr of liquor. Accused came in first and <_illed for a meal. Shortly afterwards lie -saw the two men struggling. Witness separated them, and took Foster out. Hutchepon then went outside. Witnem tcok Foster up the street, and on looking liack saw Hutcheson running up towards Foster. Accused said to Faster, "Now you can have all you ate looking for," and struck Foster in tho face. Foster fell on his back on tho pavement. William Mason and Thomas L. Gibson also gave evidence. Constable Carney deposed to arresting accu.sod. Witness brought Hutcheson lack to where Foster was lying on the footpath. Accused said "He has got what he lias been looking for. Havo I killed him? I hit him hard, and I meant to." John Foster, in his evidence, Mid ho did not remember anything of the assault. He put down his failure of memory to tho sliock caused by the assault. Mr Donnelly asked tliat tho case be dealt with summarily. His Worship said he thought moro serious cases had been deraalt with summarily. Accused had already been in prison three weeks. Ho imposed a fine of £7 and costs—£3 10s to go to Foster. William Smith Morrisby was charged with disobeying an order of the Court for the maintenance of his wife. On the other hand, Morrisby applied to have tlie ordpr varied, on the ground tliat the order was made ex parte, and that he was willing to maintain complainant. Mr Hunt said that the parties had only been married 17 days when Mrs Morrisby left her.husband. Tho latter was quite willing to keep his wife. Mr Leathern-4'p pea red for Mrs Morriisby, and sptid that she was practically tk-stitute. Sho was only earning .Os a week, and liad to keep her child. Mrs Morrisby had l>een waiting in the Court all day and liad to leave for the country to 1-o*ll mc her work. His Worship cancelled the order •for maintenance.

Tlie business at the Lyttelton Magistrate's Court yesterday was dealt with by Messrs G. A. Lewin. J.P., nnd G. C. Smith. J.P. Frederick Edwin Gough and John William Moir were charged with having stolen a painter's brass lamp, value los, the property of Robert Clark, of Christchurch. Accused pleaded not guilty. Evidence was given by Clark/ that the men had applied to him for work while ho waa engaged in work at tho Mitre Hotel. Witness stated that Gough had gone outside, and put. the lamp under his coat. Witness did not see Gough take the lamp, hut he noticed that tho latter had something under his coat, and followed him and informed tho police. In the meantime nceused had hidden the lamp in a right-of-way alongside the Snxon Hotel. When arrested both the accused denied having stolen the lamp: Tho Bench dismissed the charco against Moir, and fined Gough £1 and costs, in default one month's imprisonment.