RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3673, 23 April 1883, Page 2

RESIDENT MAGISTRATE'S COURT.

Tins Day. (Before Captain Preece, R.M.) DRUNKENNESS. Christopher Ross, on bail, charged Avith drunkenness, failed to appeal*, and his recognisance of £1 was estreated. OBSCENE LANGUAGE. Mary Fisher was charged, on the information of Constable Harvey, Avith having, at Port Ahuriri, on the 7th instant, made use of obscene language Avitbiu the hearing of persons passing along AVaghorne street. Mr Lee represented the accused, aud< pleaded guilty Avith extenuating circumstances. Afcr hearing the CA.dence of Constable Harvey and J. McKenzie, avlio Avas called as a Avitncss, the Court inflicted the nominal penalty of 10s and costs 9s, together Avith Avitncss's expenses 5s ; in default of payment the defendant to be imprisoned for three days. Tho fine Avas paid. ASSAULT. An assault case, Elizabeth Burke v John Edie, Avas struck out in the absence of both the plaintiff and defendant. ALLEGED CRUELTY TO ANIMALS. J. B. Hollis Avas charged, on the information of Sergeant Burtenshaw, with having, on the 10th April last, unlawfully and cruelly ill-treated a horse. Exhaustive evidence having been taken the Court decided that no cruelty had been shown. It Avas clear that tho scald on the horse's neck might have been caused by the friction of the collar A\ r hile on the journey from Clive, the animal being only "fresh'"' iv harness after a " spell "on grass. Had defendant repeatedly used the horse, lioav - ever, and made the sore Avorsc thereby, the charge Avould have been sustained. The information Avould be dismissed. Mr Lee applied for expenses in consequence of the trouble and annoyance his client had been put to, but His Worship declined to entertain the application, adding that no doubt the sergeant, through his Avant of knoAvledge of horses, had considered the case Avorsc than it really was. PROTECTION ORDER. Jane CarsAvell, of Hastings, applied for a protection order against her husband, David Cars well, under the provisions of the Married AVomen's Protection to Property - ' Act. After hearing the evidence of the applicant (a respectable looking woman), the order was granted, aud the sole custody of her children Avas made over to Mrs CarsAvell. The husband, avlio avus present in Court at the commencement of the proceedings, behaved himself iv a maimer that denoted he had been drinking rather freely, aud his rcmoA'al was ordered by the R.M. Tlie Court then rose.