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MAGISTRATES' COURTS., Lyttelton Times, Volume XXVII, Issue 1921, 15 February 1867
CHBIBTCHURCH. Thubbdat, Fbb. 11 (Before C. O. Bowen, Esq., 8.M., and John Bealey, Esq., J.P.) James Rivers was charged with creating a disturbance in the publio streets by quarrelling with, and assaulting, two women, on Wednesday night. Tho acouscd said that his wife had lately loft him, and gono to live at tho houso of one of the women in Tuain street, and that ho had gono there to find her. Ho saw a reticulo at the house which ho knew to be his wife's proporty, and ho claimod it, Tho woman refused to givo it up, and left the houso with it, and he followed and seized her, intending to givo her in ohargo to a. constabloj but she violently resistod, and the other woman then attacked him with a broom, and so tho disturbance was caused. Tho woman who was acoused of having the reticulo of Mrs Rivori, but whose name did not transpiro, sa ! d she had bought tho article of her. His Worship said that, although Rivers had committed an assault, he had groat provocation. Ho dismissod tho case. A numbor of persons were fined from 6s to 20s each, lor allowing horsos and cattlo to stray in the streets and belts of the city; and one person was fined 10s for having two dogs unregistered, Joseph Hall was charged with being drunk and inoipable, and was disoharged with a caution. P.B. Boulton, ohiof inspector of sheop, attended to lay an information against Mr W. Wilson, for being tho owner of three flocks of toabbed sheep, on tho Ashburton. Mr Wilson admitted that tho information was true, and his Worship inflicted fines to the amount of £l6O, to bo remitted if clean certificate! were produced on or before the twentieth of June next. W. ClomontsandG.'Day wore charged with having wantonly illtrcated a bullock, in the river bod, noar the Carlton Hotel. James Hallet, a boy about fiftcon years old, said that a fortnight ago, be saw a bullock in tho river near tho Carlton Hotol. Tho acoused Clements was thore at first and Day oamb afterwards, They tried to pull the bullock out of tht
river and he (witness) helped them, but they could not get it out. Day then out it with a whip and beat it with a stick as it was lying on the river-bed, and one of the accused, he could not say which, told witness to burn it. He (witness) and other boys got some grass and put it undor the bullock's nose and set fire to it. The prisoner Day gave witness tho match to light the grass. Still the bullock would not get up., It was not muoh burned, but its jaw was marked by the fire. One of tho accused, but ho could not say which, thon spurred the boast with a spur he bad on his boot, but not much, and beat it with a stick not quite so thick as his (witness's) wrist. George flallett, a younger brother of the last witness, said it was Day who told the boys to set firo to the bullock, and gave the matches; and ho corroborated his brother's ovidonce about tho whipping, beating, and spurring. The prisoner Clemonte Baid he had sold the beast to Day, who was a butcher. They had tried to drive it without harsh treatment, but it was the most obstinate bruto he had over known, and ho himself had no share in the treatment borne wit. ness to by tho boys, which he could prove if time wero given him.
Tho Magistrate said it was not necessary. Tuero might havo been an error of judgment in the way tho bullock had been treated, but no wanton cruelty had been proved. The accused were discharged. George Oram was charged with selling liquors on the cricket ground .at Hagley Park, without being licensed to soil tho same.
Tho defendant said he was not aware that he was infringing tho law. He had never before had a refreshment booth, and he thought the licence he had was sufficient to justify him in selling liquor on the cricket ground. His Worship said he had no doubt defendant had acted under a misapprehension of the law, but he must fine him £2.
E. M. Templar was charged by Alexander Smith with having ill-treated a mare, the property of plaintiff. Plaintiff said that on the 4th February, Mr M'Laughlan requested him to cart a load uf oats from some land belonging to defendant at Fendalltown, and that while he was doing so, defendant came up and caught his mare by the head,'and then struck her between the ears with a stick, 4z3 in thickness, which made her stagger. He was sure the blow was not accidental.
Mr Duncan appeared for the defendant, and cross-examined the witness, who admitted that defendant had forbidden him to cart away the oats, and had threatened to shoot the first man who took any of them away. He was driving at tho time defendant struck the mare; he had hold of her at the time, but he was not hurt. He would have driven the dray out of the road if it had been clear, but he had to stop near the gate. It was then that defendant struck the mare.
Alexander McKenzie deposed that he saw defendant strike the mare with a piece of scantling. She was on defendant's land. Plaintiff was driving at the time, and defendant struck her purposely, and not accidentally. J. McLaughlan deposed that he employed plaintiff to cart a load of oats off defendant's land. The oats belonged to witness. James Freeman: He was on defendant's land at Fendallfcown on Feb. 4. Plaintiff was there with a load, and defendant forbade him to take it out. Plaintiff went towards the gate with the load, and defendant took up a piece of scantling, 4 by 3, and held it up in front of the horse, which went on, and the stick fell on its head; but whether it fell accidentally or not he could not tell. Ho thought the horse was not injured. The Magistrate said the case must be dismissed, as the violence began on the part of the complainant,
IYTTELTON. Thtjbsday, Feb. 14. (Before W.Donald, Esq., E.M.) B. Flett appeared to answer a summons, charging him with having assaulted Frederick Hopcrolt, on the night of Saturday last. Mr Nalder appeared for the defendant. The following evidence was adduced : Frederick Hopcroft, sworn, deposed: On Saturdey evening last, I was going along London street, about 8 p.m. I was passing Mr Stout's Bhop when somebody called out, "Is that you, Fred?" I replied, "Yes." The party said, " Come here, I want you." I went to him and then discovered it to be Flett, the defendant. He asked me to come round the next street; he said he had a little bill to settle with me. I declined to go as I was alone. On my refusal to go he kicked me on the leg and when I turned round to go away he knocked me down. I came away and informed the police of the assault. I would not go round into the other street with him as I saw he wanted to fight and I had been bound over to keep the peace. I believe this assault was committed in order to make me break my sureties. Cross-examined by Mr Haider: I came to Lyttelton about eight years ago. I came from Chatham Islands. I have been on the West Coastmore than twelve months ago. I went to Mr 'Flett's house to lodge. I left Mr Flett's house in June last. I have not sent or caused to be sent any valentines to Mr or Mrs Flett. I swear this. Mr Nalder here handed in some very indecent valentines which had been received by Mr Flett, contending that a similarity of writing existed between them and some letters of complainant to Mr Flett.
Tho Resident Magistrate said he could not tee that any such similarity existed. E, Flett raid he had dismissed the plaintiff from Ms house in consequence of some reports he had heard of hia conduct while on the West Coast, and that he had been annoying him in every possible way ever since. He did not strike him on the occasion referred to.
Mr Nalder then called the following witnesses as to the character of the accused :
John Grubb, sworn, deposed: I hare known Mr Flett for three years and a half. He hat worked for me ever since he arrived in the colony. He is not a man likely to commit an assault of the nature with which he is charged. He is a most inoffensive, quiet man. Pitcaithley awom, deposed: I have known the defendant for two years, he has always borne a good character. 1 should not think it likely he would commit an assault of this kind.
The plaintiff stated that Mrs Munro, who lived next door to where the alleged assault had been committed, had seen defendant strike him. The case was then adjourned for a short time, to allow of Mrs Munro being produced. On resuming, the following evidence was given— Jessie Munro Bworn, deposed: On Saturday evening I saw the plaintiff and defendant in London street. I heard defendant call to plaintiff. They had some words together. I saw defendant strike plaintiff, and he fell. It was Ibout dark. They then parted. Complainant walked away.
Cross-examined by Mr Nalder: They were both at high words. . I could not say whether the blow was given by the foot or the hand. Mr Hopcroft has not told me what to say when I came here, I came down before him, it was about 8 p.m., nearly dusk. I saw a blow pass. Thoy stood and spoko together, and then Mr Flett struck him. They were standing in the middle of the road. The complainant did not attempt to run away. I saw complainant fall. Mr Nalder cross-examined this witness at some length, but without shaking her testimony, Mr Nalder then addressed the Bench on behalf of the defendant, contending that the defendant was a man of good charaoter, and a peaceable man, whereas the complainant was decidedly the reverse.
Tho Resident Magistrate said that, although the defendant might feel annoyed at the valentines which had been aent, etill he had no right to take the | lair into hia own hands; as to the writing there was not the slightest evidence to prove that the complainant had sent, or caused them to b'p sent. He should fine defendant 20s, and Ss costs.
Capt. Cow, of tho ship Himalaya, appeared to lodge a complaint against his ship's cook, Hart, for using obscone and disgusting language in the hearing of the single women emigrants on board his ship, during her wage from London tothiß port, and alio for wilful disobedience of orders, Capt. Cow read entries from tho official log-book, from which it appeared that the accused had been guilt; of moat disgraceful conduct on board, not only to the emigrants, but also to the surgeon superintendent, Dr Gay. After hearing the evidence, the Resident Magistrate ordered him to be brought up before him thiß day, at 12 o'clock.
MAGISTRATES' COURTS., Lyttelton Times, Volume XXVII, Issue 1921, 15 February 1867
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