MAGISTRATE'S COURT.

Lyttelton Times, Volume XXV, Issue 1632, 9 March 1866, Page 2

MAGISTRATE'S COURT.

CHRISTCHUBCH. Thursday, Mabch 8. (Before C. C. Bowen, Esq., R.M., and T. W. Maude, Esq., J.P.) Clement Davis was charged with having been drunk and disorderly. The offence being proved, he was fined ss, it being his first appearance in Court. A male patient was discharged from the Lunatic Asylum, on a certificate of his being restored to reason being submitted to the Bench. Andrew Bobertson was charged with the wilful destruction of property. It appeared, from the evidence of the apprehending constable, that the prisoner, who had been drinking, but who was not actually intoxicated, had been guilty of breaking open a gate which had been locked. William Deakin, residing in Cashel street, corroborated the evidence of the constable, and detailed the circumstances of the case. The damage he estimated at about £1. Prisoner, who stated that he had no recollection of the occurrence, was fined 10s, and ordered to pay the estimated value of the property. H. E. Alport was charged with a breach of the police ordinance, by allowing a horse to be tethered in such a manner as to obstruct a public footpath. A fine of 10a was imposed. James Barr wa« charged with a breach of the police ordinance by rescuing five cows, his property, which wwe being taken to the Pound. Mr. Wynn Williams appeared for the defendant. John Beattie stated that he was the complainant in the case. He leased some land from the defendant at a nominal rent, as a compensation for work done, which the defendant had not paid for. The land was about twenty-four miles from Cliristcuurch. He found defendant's cows trespassing on theland in question on February 24. He drove the cows to the Christchurch Pound. His Worship ruted that there was no case; the poundage was illegal. The cattle ought to have been driven to the owner's residence, and the complainant ought not to have taken them to the Christchurch Pound. The case must be dismissed.

Guy Secord was charged with a breach of the Telegraph Ordinance, by injuring a telegraph post by attaching a boat to it. Mr. Wynn Williams appeared for the defendant. Emile Buscine stated that he was an inspector of telegraph wires. He knew the south line, near the Rakaia. On the 14th of last month he was at the spot. Communication was stopped about that time. Two wires were broken across the south branch of the Rakaia. He found a post washed down the stream. The defendant passed witness on horseback ; the former was a ferryman on the river. Secord told him that the wires were very low near the river, and that he had seen a man and boy hanging on them for some time. Communication was stopped for twelve days. By Mr. Williams; I sa.v no boat attached to the post. George Bond stated that he was employed at the ferry. He knew the defendant, who had the management of the ferry. Witness did not seo defendant fasten a boat to any of the telegraph posts. He had frequently seen boats attached to the posts by the workmen employed on the telegraph works. Witness remembered seeing one of the posts floating down the stream. Abraham Cohen deposed that he was a labourer, working near the Rakaia; he saw a post floating on the river, but there was no boat attached to it, nor could witness say how tho occurrence took place. William Stokes stated that ho was a waterman employed on tho Rakaia Ferry. Witness corroborated the evidence of the previous witnesses with regard to tho missing telegraph post. He nsver saw any boat fastened to the post at any time. Inspector Ponder stated that tho evidonco given by 6omo of the witnesses was at direct variance with the statements made by them to the constables. Mr. Williams, on behalf of his cliont, vindicated him from tho charge of having maliciously injured the telegraph. The largo punt used in carrying passengers burst through tho wires, which were too close to the surface, and ono man was nearly drowned on the occasion. Secord had admitted that he had hitched tho boat to tho post, but there was no strain upon it. Tho post was undermined by the water, and fell into the stream; the painter of tho boat slipped oft', and it drifted down tho stream. Defendant had not boon actuated by any mischievous feeling in acting as ho had done. — Middleton stated that he was in charge of tho ferry at tho llakaia, under an engagement. Ho saw tho post standing; a boat was attached to it, but was not pulling at all upon it. A fow minutes afterwards tho spit on which tho post stood was washed away. Ho had soon tho workmen employed upon tho works fasten thoir boats to tho posts. It' tho boat had not boon attached to tho post, tho latter would have fallen all tho same; nothing could have saved it. Ho lmd warned some of tho officials of tho impending danger. The witness Buscine was recalled, and denied that ho or any of tho workmen had over fastonod boats to tho posts. His Worship ruled that tho case must be dismissed, but that tho practico of attaching boats to tho telegraph posts must bo discontinued for tho future.

Charles Frazer was charged with having used insulting language townrdjMargaret Farnoy. Complainant stated tho facts of tho caso, from which it appeared that tho defendant had used insulting languago towards her. Mr. Harper appeared for tho defendant. Defendants fowls used to come into complainant's premises; she used to throw stones at them, and on one occasion slio had killed one. Some evidence was heard in support of the chargo. Alexander Frazer, gave some evidence in favour of the defendant: complainant, had been in the habit of throwing gtonos into the promises of the former. Ho heard no bad languago used by him during the fray. After some turther evidence, Alexander Fraser was charged with having assaulted the same complainant by throwing a stono at her, which struok her; Sho had a child in her arms at the time. Mr. Harper called two witnesses on behalf of his client. Tho oases were dismissed with a caution to Charles Frazer as to the language used by him towards a woman. He (the Resident Magistrate)' hoped that the

cutiei would benccforth lire peaceably and that there would be no more of these disgraceful rows. The following transfer of license was ptnWl: William Stvche, of the Corporation Hotel, Chnitchurcb, to Benjamin Woolficld. Mr. Cowliihaw applied for the expenses of the witneis G. Potter, the livery stable-keeper, from Nelson, in the late horse-st«almg case; but his Worship refused to accede to the application, on the ground that Potter had been brought down on a subpoena, and that he (the Resident Magistrate) could not encourage such conduct. Potter, he knew, had been offered a freo passage to Canterbury, and had lost bis expenses by means of his own folly. _ . , Bobert Beattie, the landlord of the Warwick Arms, Christcburch, was lined £2 for having sold liquor on a Sunday. Arthur Lyons was charged with having harboured notorious prostitutes in the hotel called the Railway Hotel, kept by him. Defendant nied the charge, but the Inspector ina ? ine assertion was true. Ho had bin*"' f Becn drunkenness and gambling going on in the bouse at the time complained of. His Worship remarked that this was precisely one of the cases it was in the contemplation of the Ordinance to prevent, viz.: that of persons who denied their responsibility, and allowed the public to be annoyed. Such conduct was tantamount to keeping a disorderly house. Defendant, who had denied that ho_ was licensee of the house in question, was fined £5.