RESIDENT MAGISTRATE'S COURT.

Lyttelton Times, Volume XVI, Issue 912, 7 August 1861, Page 4

RESIDENT MAGISTRATE'S COURT.

OHRISTCHUBCH—MONDAY, JuiY 19 ' (Before W. J. W. Hamilton, Esq., R M x EMMA BENNETT V. EICHABD OFFWOOD ~ WITH INTENT TO MAIM ABSAU W Mr. Travers appeared for the accused Prosecutrix stated that she lived at M Craigie's, in Armagh street; that on theSrt ult. prisoner came into the house and _ , , for a bed, and be asked her to sl^^ she refused, and be was goino- to stv\L i ' and swept all the articles off the mantel^ \ he had an open penknife in one band and 5' broken vase in the other; she held tho i he bad the knife in, and L the scuffle^ 3° cut m the hand, but whether it was bv?K knife or tbe vase she could not state • a noli man was sent for and the prisoner was rem ov 2* In answer to a question by Mr Travp she stated that prisoner and tbe others i n th S ' bouse had had some drink together, which Z bad sent for. ue By tbe bench—l have been livino- a i nTlf , time with Mrs. Craigie; she provided Z\ bedroom; lam not in service with her Mi Martin keeps me and the child; he pav S fa board and lodging for me. Mrs. Craio-ie ; kept by Mr. Hart; she rents the bouse"* th bouse is a brothel • I was only slightly hurt Emma Craigie and Sarah Grainger w e i- e next called and corroborated last witness's testimony.

Prosecutor stated she did not wish to press the charge against the prisoner. The resident magistrate stated he did not think the case was one to send to trial, he would therefor order the prisoner to be discharged. Eliza Lambert was fined 10$. and cos°ts i for using profane and obscene language in Armagh street, Christchurch, on the 27th inst. The offence was admitted.

Tuesday—July 30. (Before J. W. Hamilton, Esq. R.M.) PALMER V. TBASK. Mr. Wyatt appeared for tbe plaintiff, Mr Oaks for the defendant. This was an action to recover the amount of £7 16s. 6d. from defendant, being overdraft on his account at the Union Bank of Australia, Christchurch. The cheque on which the amount was paid was produced, and Mr. H. E. Alport stated that he saw W. G. Trask' the defendant's brother, sign the cheque IT. Trask,' but he did not know at the time what W. G. Trask's christian name was. Mr. Oaks stated the cheque being a forgery the case ought .o be dismissed. Mr. Wyatt asked for an adjournment to prove connivance on the part ot the defendant. The application was refused, and the Resident Magistrate dismissed the case with costs, 255. BAPHAEL V. ALPOBT. Mr. Harston appeared for the defendant. The plaintiff, Alfred Isaac Raphael, stated that he bought goods to the amount of £0 12s. at a sale at the Golden Fleece on sth July last; he bought them subject to the owner delivering; the owner refused to deliver; he had paid the money to defendant, and he now sued for its recovery; Mr. Ballard was the owner; Captain Oaks refused to deliver them; Captain Oaks at the time of sale said he would not allow the goods to be, taken! away, and Mr. Ballard said the goods were his, and that the defendant was to sell them; he denied that he was buying for Capt. Oakes, and that he did not take the invoice of the goods he bought at the sale and give it to Captain Oaks, saying—"Here's your bill; I've just got it," or words to that effect; Captain Oakes took delivery of the goods for him. . •>'<

Defendant H. E. Alport was sworn, and stated that plaintiff distinctly informed him that he was buying for Captain Oakes, and that Captain Oakes was standing by at tbe time in the sale room, and said " Yes." John T. Ballard was next called, and stated that he heard plaintiff say in the sale room that he was buying for Captain Oakes, and that after he saw plaintiff hand the invoice in question to Captain Oakes, and say, " Here's your bill; I've just got it from Mr. Alport" Captain Oakes said to plaintiff, " I see that it is receipted;" plaintiff said, " Oh, yes, I've paid it, I've given a cheque for it;" Captain Oaks said, " You need not have done that, I told you I would pay it as soon as you told me what the amount was," and Captain Oaks put the invoice in his pocket. There were other witnesses present to corroborate defendant's witnesses, but the magistrates stated there was sufficient evidence before them. The case was one of a most frivolous nature, and ought never to have been brought forward. They would dismiss the case with costs £3 18s., including counsel's fee.

Thursday—August 1. (Before W. J. Hamilton. R.M., C. Bowen, and T. W. Maude, Esqrs) BIKDSET V. FAULKNER.—BREACH OF POLICE ORDINANCE. Mr. Travers appeared for the accused^ The prosecutor stated that on the 17th ot July last, tbe day of turning the first sodot tbe railway, at the Heathcote Valley, towards the close of the day defendant came to tom and asked for grog,"which be refused; defendant then used very improper language to him and abused him; prosecutor called on another constable to know whether defendant was really in the force or not j tbe constable replied that he was, and he told him to remove the defendant; he went away after a deal of persuasion; there were other constable* present who beard defendant make use ot the language, but he did not know their names,

• ,<v a stranger here; on Monday last defen--s^nt*carae to the British Hotel and said he \ sorry for what, had occurred, aud be was "illin0" to make any apology in bis power; he told hi™ t0 apologise in Court. Mr. G. Dorset!, was next called and corroborated prosecutor's evidence. Corporal Pateman, the constable who was stated to have beeu present, was called, but j ie ' had not heard the language said to have |, cc ii made use of. Wm. Meddings was called, and stated that he had heard defendant say to prosecutor, on tbe Monday, that if he had said anything won* to him he would apologise. Tins closed the case for the prosecution. Accused stated he had asked prosecutor for some grog, and that prosecutor said that the d—d police were more bother to him than any person else, and he would not give him <mv D-I'°n» anc* mt c ien sP°ke sharply to prosecutor, hut he was not aware of having Ji Se d any bad language to him. Mr. Travers stated that the case for the prosecution was not made out, inasmuch as the Act required the language to. be used in the presence or hearing of a constable. Tbe /prosecutor had failed to shew that a constable f*\as within hearing. The magistrates stated that though they must dismiss tbe case, with costs 17s. 2d., as the prosecutor had failed to shew that the occurrence took place either in the presence or hearing of a constable, they thought that prosecutor was quite right in bringing the matter forward. As to defendant, his conduct in asking for grog was most improper, and they could not allow the case to pass without censure. '

Saturday—August 3. (Before J.W. Hamilton, Esq., R.M.) FORGERY AND UTTERING. James Barlow, a young man about 20 years of age, was brought up to-day on the above charge. Noah Edgar was called and stated that on the 27th July last prisoner came into his shop in Cashel-streefc, Christchurch, and purchased clothing to the amount of £3, and that he tendered a cheque in payment, signed A. H. Cunningham, for £10, on the IJ. B. A., Christchurch; he " asked prisoner who Mr. Cunningham was, and he replied that every one knew bim ; he was a station owner, and that the cheque was all right; prisoner then left the shop after getting the clothing and change for the cheque; the cheque was presented for payment on the 31st at the Bank, but was refused and pronounced a forgery j witness then gave information to the police." The constable who apprehended prisoner was next called, and stated he had found him at Giggs' Accommodation House, and that when he told prisoner lie .had a writ for bis apprehension, he replied—" It was all right ■ he knew what it was for.'"'

A remand till the 10th August was granted to allow time for Mr. Cunningham to come down from his station. LARCENY. William Swinbourne was brought up to-day charged by James Banks with stealing a bottle of brandy from the Royal Oak Hotel. Prisoner denied the charge, but refused to say where he got the brandy. Prisoner was convicted and sentenced to Lyttelton gaol for one month with hard labor.