MAGISTRATES' COURTS.

Globe, Volume II, Issue 133, 3 November 1874, Page 2

MAGISTRATES' COURTS.

♦ : CHEISTCHURCH. Tuesday, November 3. (Before C. 0. Bowen, Esq., KM.) DRUNK AND DISORDERLY. H. Lake Worsley was fined 10s or twentyfour hours ; Wm Shields, 6s ; Ellen Jordan, 20s or forty-eight hours. OBTAINING MONEY UNDER FALSE PRETENCES. "W. J. M'llroy was brought up charged with this offence. Mr Cowlishaw appeared for the accused. On the application of Chief - detective Feast, His Worship granted a remand until next day. The same bail was taken. CIVIL CASES. Yates v Morrison (Constable of Police). Damages, £6 Is. Mr Thomas appeared for the plaintiff. Mr Thomas stated that this was an action brought by the plaintiff for the recovery of £6 Is., being damages alleged to be due for the wrongful pounding of the plaintiff's pony by the defendant, and for trespass, inasmuch as the defendant, who is a constable of the Armed Police Force, entered the plaintiff's premises, and took the pony out of the yard and took it to the Pound. Mr Thomas called the plaintiff, Charles ' ates, who stated that he was a stable-keeper in Christchurch, that he was the owner of the pony in question, and that when he went back to his premises in Kilmore street on the day the pony was pounded he found the pony gone. He went to the Pound, found the pony there, paid Is, and took it away. James Sellars stated that he saw plaintiff's pony come out of the paddock, which was opposite his father's dye-works, in Kilmore street. His father told him to put it back in the paddock, and fasten the gate. He did so. Rut while he was doing so, defendant (Constable Morrison) came up and asked him whose pony it was. He said it belonged over the way to Mr Yates. He (witness) fastened the gate, and put a stick in the staple. After this defendant opened the gate, went into plaintiff's paddock, took the pony out, and left the gate wide open. Defendant took the pony up Kilmore street. Upon Mr Thomas expressing a wish to call other witnesses. His Worship said that he did not think it was necessary. He wished to know from the Constable if he had entered private premises to take the pony off. Defendant—Yes, your Worship. His Worship—Then I think you have done wrong, and before giving judgment in this case I shall hear the case against Yates for allowing his pony to wander at large. When this case was heard, it was clearly proved by several witnesses that the constable was evidently in the wrong. His Worship gave judgment for the plaintiff in the civil action for Gs damages to carry all costs, and he dismissed the charge against Yates for allowing the pony to wander at large, remarking at the same time, that there were plenty of beasts wandering at large in the city to the annoyance of the public, without constables entering persons private properties to remove them to the Pound.