MAGISTERIAL.

Globe, Volume XXIII, Issue 2239, 2 May 1881, Page 2

MAGISTERIAL.

CHRISTOHUROH. Monday, May 2. [Before 0. Whitefoord, Esq., E.M., J. Ollivier, G. Inman, G. li. Loe, and J. E. Parker, Esqrß , J.P.'s.] Breach of th.k Public Hot/be Ordinance.—Thos. D jrne, licensee of the Commercial Hotel, appeared to answer an information by the police for having sold liquor a durirg prohibited hours—viz , after midnight on April 18th and 19th. The police stated that the case was brought in consequence of the disclotiures mode on Monday last during tho hearing of a case of aasanlt that took place in the hotel on tho date named. Defendant admitted the offeree. The Magistrate said the circumstances were in the ; memory of the Bench, and there was no need to call any witnesses. Tne baiting of a helplessly drunken man had bren the amusement of the night, arid it had come out in evidence that the bar where it had taken pl*ce had beon open for the sale of liquors. He found that two previous convictions bad been recorded against the bouse during the year, and he would now recommend defendant to bo very careful how, from this time out, the house is cond noted. A fine of £lO would bo inflicted, and the judgment was ordered to be endorsed on the license held by defendant. Trespassing) in Pcbstjit of Game.— John Oraddock, J. E. Taylor and A. Bull were charged with this offence. Mr Thomas appeared for the prosecution, Mr Stringer for defence, James Wilson, farmer, of Yald hurst, deposed that on April sth ho saw defendant on his land at 9or 10 a.m. They had no permission from him to be there. They wore spread out. He eaw on° of them, I'u'.l, firejat something. Wi«n Bull saw witness comiiig he ran away. Witness followed, and after some conversation Oraddock and Taylor came up. Taylor had a gun, and Craddock had a greyhound. Shortly afterwards another hare started up. Taylor shot at it, and Oraddock and Bull slipped the hound. Witness was then about four chains away. He again had some conversation with defendants, who refused to give up their names. Witness then woEfc away and informed the police. There were three other persons present, poaching, but they got away. Witness being crosa-examined said he was positive the gun was fir dat a hare. The defence was that the defendants were oat rabbitinp, that they thought they were on a Government reserve, and that the shot firel by Taylor was at a rabbit. All of the defendants swore to these particulars. Tbey said they had very little experience of shooting, but l knew tho difference of a rabbit from a hare. A witness deposed to tho party starting off with the intention of taking rabbits. He said they returned without having shot anything. The Magistrate thought the case of the prosecution had been proved, and commented on the imprudence of defendants refusing to give their names when required. They were fined 20« eaoh and costs, with solicitor's fee. Oases against G. Stringer and E. Kingdom, wore dismissed. H. A. Scott, who by letter pleaded that in a moment of excitement he did not know the difference between a rabbit 1 and a cook pheasant, which latter he shot, was fined £5 and costs. Miscellaneous.—Wm. Ponyhaus. for allowing a horse to wander, was fined ss. Twelve owners of unregistered dogs were fined 10j each. LYTTELTON. Monday, May 2. [Before Joseph Beswick and J. D. Macpherson, Etqs.j] Dhunk and Indecent.—Peter Petersen, for being drunk on Saturday and for behaving indecently towards a Maori woman, was fined 40s, or four days' imprisonment. Tee Matat/ba Case.—Thomas Parr and James Ooburn, the two seamen belonging to the ship Mataura, oharged with embezzling ship's cargo and with disobedience of orders, were sgain brought before the Court, Mr J. Joyce, their counsel, having promised to bring witnesses for tbe defence. The evidence for the prosecution was published last week. Mr H. N. Nalder appeared for the ship. Mr Joyce now called Henry Harris, one of the crew of the Mataura, who testified that he had seen naked lights used down the fore hatch on tbe passage out when the men were at work there. Ho had also seen some of tho boxes of candles below had been broken by the rolling of the ship. A cask of currants had also boen broken in one stave, and some of the contents fell out. Ho (the witness) had helped himself to a few currants and a candle or so. Before the prisoner Ooburn was brought to Court, the witness Taylor, who at the previous hearing of tbe case testified for the prosecution, had stated in the forecastle of the ship, within hearing of the witness, that ho " would see what he could do for him," meaning Ooburn. The witness was crocs-examined by Mr Haider, and stated that he could not account for the whisky being out of its case by the rolling of the ship, or the zinc lining of the ease of matohes being cut open. The ventilator was usually kept closed during the voyage. It was after the men were arrested that the witness Taylor made use of the threat above referred to. In referenoe to keeping open the forehold during the voyage, evidence was given to tho effeot that it was open for the purpose of getting access to spare rope, sails, and other stores belonging to the ship. Captain Brown, the master of the ship, said the spaoe immediately under the hatchway was uied for that purpose. To his knowledge tbe cargo down there was not adrift during the voyage. It got adrift in the main hatch, and was put right by tho men who went down to the hold by means of the ventilator. The Bench said the charges of wilful disobedience had not been folly made out, and in reference to the charge of broaching oargo the Court were not of the opinion, considering the way in which the forehatchway had been open, and all the circumstances, that the men should be sent to prison. They were therefore discharged from custody.