MAGISTRATE'S COURT.

Lyttelton Times, Volume XXIV, Issue 1431, 14 July 1865, Page 8

MAGISTRATE'S COURT.

CHRISTCHURCH, July 13. (Before C. C. Bowen, Esq., R. M.) Breach of Police Ordinance. — David Butter was fined ss, for leaving his horse and dray, unattended in Colombo street. Assault.—John Doyle was charged with assault. Joseph Walker stated that he and some others were drinking at a public-house on Wednesday last. Some dispute arose between the parties, and as complainant left the house, the prisoner followed him and struck him in the mouth, inflicting a severe wound. Both himself and theprisoner were intoxicated. The barman of the hotel corroborated the evidence of the complainant as to the dispute. He did not see any assault committed. The prisoner pleaded provocation. His Worship remarked that it was evidently a drunken brawl, and that all parties were equally to blame: the case would be dismissed. Wife Desertion.—Thomas Maloney was charged with having deserted his wife. Phoebe Maloney stated that in September last, the prisoner left her without any means of support. She bad never seen him since. The prisoner stated he had been to Melbourne where he had been laid up with illness. He had returned to Christchurch for the purpose of bringing her back. He was willing to do so. The case was adjourned in order to enable the parties to make some arrangement between themselves. Assault.—A female named Clegg was charged with having assaulted Margaret Thompson. It appeared that a dispute arose between the parties, who are neighbours, residing at Addington. The prisoner, according to the statement of the complainant, had violently assaulted her, at the same time using language of the most outrageous description. Some further evidence was adduced, which tended to corroborate the evidence of the complainant. The prisoner entered into a long, rambling statement, pleading the provocation which she had received from the complainant. She admitted that a scuffle had taken place between them, during which the complainant fell, and received some injury. She was fined £1. She and her husband refused, in an insolent tone, to pay the fine, and a distress warrant was levied on their goods.

LYTTELTON.—Thursday, July 13. (Before W. Donald, Esq., R.M.)

Embezzlement.—Henry Davis was brought up, charged on warrant, on the information of F. Mason & Co., Christchurch, with fraudulently stealing and taking certain cheques and monies to the amount of £33 15s, belonging to the firm, and appropriating the same to his own use. F. Mason being sworn, stated, that he was a merchant, trading under the name of Mason & Co., Christchurch,; the prisoner, Henry Davis, was clerk in his employ. Ou the 11th instant he gave prisoner the cheques and notes to lodge to his credit at the Bank of New Zealand, Christchurch ; on Wednesday, he ascertained that his instructions had not been carried out. Witness produced a letter from the manager denying receipt of the cheques. Prisoner was made to understand that the money was to be lodged that evtning at the Bank. It was only a few minutes walk from the office to the bank. The prisoner had notice to leave the Saturday previous. Having ascertained that the prisoner was about leaving the province by the Albion, a .warrant was obtained upon which he was arreßted. Abraham Constable being sworn, stated he was a clerk at Peacock and Co.'s, Lyttelton, who were agents for the steamer Albion, Knew the prisoner, who came to the office and requested from witness a passage-ticket to Wellington for William Thomson. Gave him one under that name ; that produced is the same. Thos.Sugrue, sworn: He stated that he arrestei prisoner on Wednesday ; he read the warrant under which he arrested him, and also duly cautioned him in the usual way. Asked prisoner to give him up all his property ; he gave £10 in single notes out of one pocket, and £4 from another pocket; also a passage ticket for William Thomson. Witness remarked the name in the body of the ticket, and asked prisoner if that was his name. Prisoner said it was, and that he and another man, on coming into Lyttelton, agreed to assume different names—prisoner that of William Thompson, and the other man Fitzroy. On the application of Sergt. Sugrue, prisoner was remanded to Christchurch for further hearing.