THE COURTS-TO-DAY.

Evening Star, Issue 8479, 2 April 1891, Page 2

THE COURTS-TO-DAY.

RESIDENT MAGISTRATE’S COURT,

(Before Messrs J. Ashcroft and W, Angus, J uatices.)

H. W. Gambell v. Daniel Ross.—Claim, L2 17a 6d, on a judgment aummona. The defendant did not appear.—lt waa stated that 17s had been paid on account since the issue of the summons, and an order was made for the payment of the balaqce and costa by weekly instalments of 10s, in default three days’ imprisonment. D. Millar v. Peter Pollock.—Claim, L 6 5s 3d, on a judgment summons.—The defendant said that he was a wool-sorter, and had a family of ten to support. Since September last he bad only earned Ll6. He promised to pay the plaintiff in full so soon as he was in a position to satisfy the debt. This was the first; time in twentyfive years that he had been before the Court.—The case waa adjourned for two months, in order to give the defendant an opportunity of partly meeting the debt. In the following undefended cases judgment was given for plaintiffs, with costs John Clegg (as liquidator of the Co-opera-tive Confectionery Company) v. Albert Birch, claim LI 12s, for calls due (Mr J, A. D. Adams for the plaintiff); same v. Joseph Tamblyn, of Coal Creek, L2 12s; same v. Henry Toms, L2; John Wilkinson v. Robert Johnson, L 5 19s 7d, on a dishonored cheque (Mr Calvert for the plaintiff) ; M'Gregor Wright v. W. H. Tait, of Balclutha, L2 4s fid, goods supplied (Mr Wilkinson for plaintiff); Sargood, Son, and Ewen v. Henry Rose, of Balclutha, L 5 14s fid, for goods supplied (Mr Thornton for plaintiffs); Caxton Printing Company v, Albert Karsten, of Nelson, 14s, for almanacs supplied (Mr Thornton for plaintiffs) ; same v. Alfred H. Oldershaw, of Blenheim, L 3 ss; same v. James M'Master, Longbusb, L 4 10s ; J. R. Briggs v. Anthony M'Master, of Mosgiel, L2 9s fid, beer supplied. Frankton Beach Dredging Company v. George Edwin Duncan,—Claim, LI6 13s lid, on a judgment summons. Mr Joel appeared for the plaintiff company, and Mr J. Macgregorfor the defendant.—The latter, examined on oath, stated that he had been unable to satisfy the debt owing to the numerous calls in various companies which he had had to meet. He was in receipt of a weekly salary of L 4, and had a family to support. Within the last eighteen months ho had paid L 477 in calls, and had had to sell his house to do so. —Mr Macgregor said the facts of the case were these: The defendant had gone largely into mining transactions, which had proved unfortunate, and he had first mortgaged and then sold his property. Now he had nothing but his salary to depend on. Probably the best course would bo for the defendant to go through the Bankruptcy Court, but his taking that step might result in his losing his situation. Judgment was only given on February 18 last, and since then the defendant bad not had means to pay. —The case was adjourned till May 4, with a view to an arrangement being come to. CITY POLICE COURT. (Before E. H. Carew, Esq., R.M.) Drunkenness. —Christopher Conway was remanded till to-morrow on the application of Inspector Hickson. It waa stated that accused is a probationer, and the reason the remand was for was to give the Probation Officer an opportunity of making certain inquiries regarding his case. There was a second charge of a similar nature against accused. Inspector Hickson explained that accused was bailed out, and was again arrested two hours afterwards.—Ann Jane, Seals (eighty-nine previous convictions) was fined 40s, in default seven days’ hard labor.

Alleged Assault.— Sarah Lynch alias M‘Ewen alias Cowan was charged assaulting and beating one Jessie Lowe in Leith street on the Ist inst. Mr Hanlon appeared for accused.—ln reply to His Worship Inspector Hickson said that no information had been laid by the complainant, or anyone on her behalf, in the case. The accused was simply arrested after the assault. His Worship held that it was necessary to have an information laid, or the accused might be charged with conduct whereby a breach of the peace was occasioned.— The information was amended in such

a way as to plahe Jessie Lowe in the position of Complainant. —J Accused pleaded guilty, under provocation. Evidence was given by Jessie Lowe, Richard Neill, Constable Crawley, and £. J. Roberts (assistant house-surgeon at the hospital).Evidence was given by accused, who said that Sarah M'Ewen was her proper name, after which His Worship said he was not satisfied that there was provocation. Whether there was or not, the Attack was most unjustifiable. Accused would be convicted and fined L 3 and costs ss), in default fourteen days* imprisonment.— On accused’s application the warraht was allowed to stand over fot a week.

Affiliation. —Robert James Hogan was charged by May Anderson with being the father of an illegitimate child, of which complainant was the mother, and with refusing to provide for the support of the child, Thfet'e fras a second charge agaiiiat the accused in respect to, another child. Mir Mafcjonald Appeared .for complainant ahd Mr Hanlon for defendant,—Defendant was adjudged to be the putative father of both children by consent, and was ordered to pay 6a a week towards the support of the first child, no order being made in respect to the second. Maliciously Damaging , Property. Allan Oow (9) and Charles Melvin (8) were charged with, on the 17th March, at Mornington, maliciously and unlawfully damaging certain plants—to wit, sixty cauliflowers and 140 cabbages—the property of Henry Hickman, thereby doing damage to the extent of Ll. Mr F. Stilling appeared for the complainant, and Mr J. Macgregor for the accused Gow, Melvin did not appear. —Mr Macgregor said he admitted the fact, but whether it amounted to an offence was for His Worship to judge. He did not admit the amount of the damage.—Henry Hickman, carter, of Morningtdn, said that on Tuesday, the 17th March, he saw his cabbages in his garden, when they were all in good order. On Wednesday morning, when he saw them again, he found a great many of the plants had been destroyed, many of them having been pulled up and others hoed up. He saw the marks of the hoe in the ground, and the instrument itself was found in Mr Millar’s ground adjoining. The hoe was witness’s property. The plants were all lying about.—Andrew Millar saw the ground on the Wednesday. Most of the cauliflowers were chopped up into half a dozen pieces, and were quite unfit for market. A number of the cauliflowers were ready for cutting before they were damaged. The cabbages were about three parts grown. He went to the ground later on the same day and counted the cauliflowers and cabbages damaged.—Constable Brennan said he went to the Mornington School after he had visited the garden, and asked for the two boys. Gow admitted that be Used the hoe-, and that he afterwards gave it to Melvin to have a turn with it. Melvin said that that was so, and that he pulled up the oats and some of the cabbages and turnips. Gow admitted that he had also damaged the oats.—Mr Maegregor said that as far as he knew the facts had been correctly stated. Gow’s father whipped him when he heard of the matter, and had also offered to make reparation to the parties. The boys appeared to have done the thing in a fit of mischievousness. — His Worship said that as the boys were young the best course would bo to direct them to pay 19s 9d each, being damages and costs, and to adjourn the case till next Thursday to give them an opportunity of paying. If the money was not paid by that time he would have to proceed to conviction. —Mr Macgregor at once offered to pay the fine on behalf of his client,

Allan Goto and Charles Melvin were further charged with, on the 17th March, at Mornington, maliciously damaging a growing crop of oats, the property of Andrew Millar, thereby doing damage to the extent of 10s. —After evidence His Worship decided as in the previous charge, the amount of the fine in each case being 14s 9d.