MAGISTRATE'S COURT. This Day.

Evening Post, Volume XXVI, Issue 74, 25 September 1883, Page 2

MAGISTRATE'S COURT. This Day.

(Boforo Messrs. E. Pearoo, J. H. Wallaoo, and G. Fißher, Jnsticoa.) DRDNKBNNEBB. James Shearor was finod 5s for this off onco. DIBTURBANOB AT Tin SALVATION ABUT THEATEE. Shearer was also ohargod with having made übo of obaoone language at the Salvation Army Thoatro. Tory-street, last ovoning. The aooused denied tho oflonoe. PrivM* Toomath deposed that about 7.30 last even< ing th« prisoner stood outside the theatro and usod disgusting languago towards his wife, who was insido. Tho aooosod said that the woman should bo known as a notorious prostitute. Ho made use of vilo languago, and at last witness was obliged to tako a stand in tho matter. The witnoss oxplalned to the Benoh that offonoos of this kind were becoming very oommon at tho mootingt of the army, and it had beon found desirable to mako an eiamplo of Shearer. A fine of 40a and oosta was imposod. ILLEGAL EIBCUE. Phoonix Briggs denied a charge of having illegally rescued a number of oattle from the possession of one Andrtw.Luff. Mr. 801 l appeared for the proseontion, and Mr. Gully for the defenoe. The ovidenoe given by the complainant, a resident of Vogeltown, snowed that a few days ago he found five oowi and a calf trespassing on his land, and at onoe started to drivo them off to tho pound. Whilst so engaged, tho aoonsod met him, and, threatening him, resoued the oattle. Tho animals were boing driven Tory oaro* fully, and in this rospeot tho defendant had nothing at all to complain abont, The cattle wore very destructive, and ho had no reoourso but to impound the oattle, James Glover depoßod that on the 14th inst, he assisted Luff to drive tome oattle to tho pound. On reaching Hanson-street Brign and his wife met them and asked Luff to desist. Luff doolined to do so, and tho journey was continued. They had not pro* ceeded far, however, tiefore Briggs Again came up, and threatened Luff with a oouplo of stones. Luff thought it was best to giro, up tho cows and the calf, and aoousod took possession ef them. Tho dofondant statocj that the cows and the calf wero not grazing on Luff's land, but on the Town Bolt, and consequently he resoued them. Witnoss only owned four out of tho six animals Luff was taking to tho pound. In oroia-examina< tion by Mr. Bell, tho witness denied that he was continually annoying Luff or that ho had caused insulting advortisO" ments to be inserted in the Evening Post. Theresa Briggs, wife of the accused, was also examined. Counsol having addressed the Court, the Benoh dooided to dismiss tho cose. Mr. Bell asked the Court to state a caso for appeal. The Chairman intimatod that ho had not participated in tho decision of the Bench. Mr. Fisher did not think, that the Court should be called upon to givQ their views there, and then Mr. WaUacd mentioned that one of tho reasons why thai case had been dismissed was that no cvi* denco had been adduoed to show whose land tho oattle were trespassing upon. Mr. Bell nrged the Court to give its reasons for oar.- ' ing to such a decision, but the Benoh pro-; ferred to consider the matter at leisure, and * the next case was then called on. DRIVING BOUND A COBNEE. Tandy Somerville admitted having driven a hackney oarriaga round the corner of, Cuba and Manners-Streets, on tho 17th instant, at other than a walking pace, and, was mulcted in a penalty of Ss. JUVENILE DXPRAVITY. Alfred Percy, a little boy, was bronrht np charged with the larceny of a number of surgical instruments belonging to Jamea Sexton. He was defended by Mr. Bh»w. The prosecutor gave evidence that he wa> a veterinary surgeon and' farrier practising in Wellington. On the 3rd of Septembor a caio. of instruments was taken from his Pharmacy. Witness saw an advertisement in tha Evening Post relative to a oase of instouments that had been found, and on making enquiries he ascertained that the article* belonged to him. Until then he did not know that the case had been taken away from his premises. Bertie James, a boy, who oo'm. monced to blubber as soon at he was oallod upon to give evidence, deposed that he resided in Courtenay Place, not far from Boxton's house. One day, about throe Weeks ago, he and the accused went down to the. beach, and witness was shown a little case of .instruments, whioh accused said he had found. They gave the case to witness's mother to keep. 'Accused told witness that he had found the case at a house near the beach. Sarah Jano James stated that on the. 3rd instant the accused and the last witneu brought the case of instruments produced to her house. She obtained possession' of the articles and her husband oaused. an advertisement to be inserted in the Evening Post to the effect that a oase of instruments had been picked up. She questioned the accused on the subject, ana ho assured her that he had fonnd them on the, beach. She did not tell the prisoner's father about the occurrence until a week after shQ had got hold of tho articles. Detective Brennan stated that when he arrested tho aooused he denied having stolen the case, saying that he had found it in the street Young James atsured witness at the time that the accused informed him he had fonnd the articles whilst going along the street ; he said that Percy told him he picked them up close to Sexton's place. This closed tho case for the prosecution. Mr. Shaw addressed the Court for the defenoe. The Bench dismissed the case. NO LIGHT. David Braid was fined 5i for having neglected to provide a light for his oarriaga on the evening of the 15th inst. WANDEBING QUADBTJPED. David Bell admitted having allowed 4

home to wandor at largo in AiißUu-atrwt on tho lfith inst., and wan finod sb. (Beforo Messrs. Fisher and Wallace, JiiHticos.) OHIMNKV ON FIRE. Ellon Harding, lioonßoo of tho Union Hotol, failod to appoar to answer a churgo of having permitted tho chimnoy of her premisoH to tako firo on tho 20th mat. Constablo Barrott provod the coso, and a fino of 20s and costs was imposed. vicious ooa. Jamea Reid denied that re was the owner of a dog which attacked one Henry Ingles James on tho 20th mat. Tho prose', n ' '.r Inposed that on th» day in quo«ti»u In nw walking along tho Ktwori-. on '„ wh.,,i «. Nj — foundland dog ruohed at Mr ami n'.taokea l.im. On) ihi; previous UW ho *u,t/ it v,,i 0 11 it'll The aiiium', )•- ' ''" ' ( \ >l> nged to tho defeni' ut. i>i»/iu ' „ ¦ • ull, ironnoufefcr, uWsoriljod the attack 01 fttodojf and stated that ho had frequently uoen tho brute on defendant's premises. The proseoutor, recalled, deposed that Roid had admittod tho dog was his, and had offered to repair the ooat damaged. The defendant C> ovidenoe that the dog whioh did the age belonged to a friend, but was in the possession of nil wife, and he was willing to pay anything reasonable to James. A fine of 10b and costs was imposed. BBBACK 07 PUBLIC WORKS AOT. Edward Campion donied that he had committod a breaoh of this Act by tethoring a hone so that it wandered on to Thorndon Suay. Mounted Constablo Remer provod 10 oaso. > Defendant contended that Thorndon Quay was not a publio thoroughfare, but admitted that the animal had been tethered in tho mannor stated. The Bench over-rnled tho contention and fined the defendant ss. STONE THROWING. Edward Winter, a diminutive urchin, pleaded Guilty to having thrown stones to the danger of pasiers-by in Cambridge-road on the 17th intt. Hia mother pleaded in extenuation that her son had been provoked by some of the neighbours^ ohildren. A .nominal fine of a shilling was imposed. THRBATBNINQ LANGUAGE. Honry Thompson ploadod Not Guilty to having made nse of threatening languago at Johnsonville on tho 17th inst. Constable Harnott, stationed at Johnsonvillo, doposod that the accused was intoxicated at the timo. He was oxtromoly violent, and made use of threatening languago. Constable ,Hiokoy gavo corroborative ovidenco. Sergt. Andorson explained that tho accusod, who was a settlor at Takapo, had once before been in tho Court on a chargo of intsrforing with tho police. Aoonsed was mulotod in a ponnlty of 20s and costs. DISOHAROINO yiRB-ARMg. William Wiggins and George Payne denied an information oharging them with having unlawfully usod fire-arms within the borough on tho 21st instant. Mark Bird, residing at Newtown, deposed that on tho day in qnostion ho saw tho defendants engaged in riflo-practioe in a paddock close to wit?'neis'n plaoo. Tho situation was dangerous. *At this stage tho dato in tho information was altorod to tho 20th, and the acoused .blooded Guilty. Tho defendants stated that the practice was oonduoted on the site of .the old range, and that on tho occasion referred to every precaution was taken to prevont acoidents. Acoused were each fined 5s and costs. A TINTINNABDLATOB. Emily Fox, aliat England, failod to appear ,to answer a charge of having wilfully and 'maliciously rung tho bell of To Aro House, j Dixon- street. Tho ovidenco of John Taylor, residing at Te Aro. House, and Sergeant O'Donovan went to show that shortly boforo midnight on tho 19th instant the aoonsod deliberately rang tho bell of To Aro House and then ran away. Tho aooused was fined 20s and costs.