MAGISTRATES’ COURTS.

Lyttelton Times, Volume XXXI, Issue 2608, 14 May 1869, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Thursday, May 15. (Before C. C. Bowen, Esq., H.M., and T. W. Maude, Esq.) Drunkenness. —Mary'Holmcs was charged with having been drunk and disorderly opposite the City Hotel, on the previous night. There were four convictions during the present year against the prisoner. The Bench sentenced her to a month’s imprisonment. False Pretences.—Charles Philos was committed for trial on two charges of obtaining goods by utlering valueless cheques. Sergt. Pardy stated that other charges would be brought against the prisoner. Destitute Persons Relief Ordinance.— George Chisnel was summoned by Jane Felton for refusing to support bis illegitimate child. Mr Joynt appeared for the defendant. Prosecutrix deposed that the defendant was the father of Iter child. The Bench ordered the defendant to pay 7s 6d a week, or a composition of £37 I Os. On Mr Joynt’s application, ttie Bench agreed to take half of the composition now, and the remainder in a month. Abusive Language.—William O’Hara was charged by Ann McKenzie with having used abusive and threatening language towards her. The case was adjourned until Thursday next, for the attendance of Mr Patrick, surgeon. Breach of Cattle Trespass Ordinance. —W. H. Head was summoned for being the owner of a horse found wandering at large in Colombo street. Defendant said the horse had broken out of the stable, and called a witness named Beechey to prove the fact. This witness stated that the horse had broken out accidentally. His Worship said he would dismiss the case, as the cause of the horse’s wandering appeared to be the result of accident. George Osborne, who did not appear, was fined 15s for being the owner of three horses found wandering at large. Edward Stewart was summoned for remaining at such a distance from his horse and cart as to have no control over them. On the application of defendant, the case was adjourned until Thursday next, to allow him an opportunity of summoning witnesses. Edward Vague, driver in the employ of McKeever and Mann, butchers, was summoned for a like offence. The Bench inflicted a fine cf 10s. Breaches of Hackney Carriage Bylaw. —Edward Hartnell, a driver, in the employment ot Christopher Daiwood, was fined 10s for having, in a licensed vehicle, carried three passengers in excess of the number allowed by his license.—Archibald Hammil wag fined 10s for carrying three passengers in his cab, besides 5s witness’ expenses.—Charles Smith was charged with leaving his cab on a public thoroughfare beyond the time allowed by the by-law. Defendant said he was not aware that the ground in question was a public highway. He had never been charged with a similar offence before. His Worship cautioned the defendant, and dismissed the case. CIVIL CASE. Wilson and Alport v. A. J. Raphael.— Claim for balance of account, £lO 118 Bd. Defendant disputed an item of £l6 2s 6d, on account of books bought by him at an auction in the insolvent estate of David Scott, alleging that he was acting as agent in purchasing. His Worship held that neither auctioneers nor the public would be safe, if the person to whom goods were knocked down was not responsible. Judgment tor plaintiffs.

LYTTELTON. (Before W. Donald, Esq., R.M.) Cattle Tbespass,—E. Sinclair was fined I Os, and 4s costs, for having two cows at large; and R. Boyd was fined tbe same amount for leaving his horse and dray unattended in the public thoroughfare. Labcent. —Michael F. Moakler, and William Hoar, were charged with this offence. James Blake being sworn said: I am a seaman ou board the p.s. Comerang, I know tbe prisoners, Moakler is tbe second Steward, the other is a fire trimmer; when I left Dunedin I had £4 15s, consisting of three £1 notes, 1 sovereign, 4 half crowns, and ss; it was in my trowser pocket in my box under my bunk; the accused come'on board at Dunedin and said they had no money. On Wednesday morning the prisoners left the vessel, but came back about 11 a.m.; they went down the forecastle and I followed. Moakler said he should turn in; I afterwards went on deck, when both of the prisoners came up; Hoar jumped on shore and said to the other prisoner, 11 Bear a hand or we shall be too late for the train,” and they both ran away; I went down soon after to get some money fur my washing, and found my trowsers on the top of my box, and the pockets turned inside out. 1 went on shore to see after the accused. I told the mate I had lost my money, and be advised me to tell a policeman. I met Moakler near the station; I told him be had got my money, and he replied, “ If I have, we ll have a tussle for it.” He hit me, and I knocked him down, and collared him, but he slipped off his coat and waistcoat and as he was running away I saw some* thing fall out of his pocket. I picked up the £ I note produced. . I gave information to tbe police, and went with the Sergeant to Peacock’s wharf. I saw Moakler, and ha said to me, “ You have got my £1 note.”

After the Sergeant bad searched accused, he got away from him, and ran up the hiil. I followed, and he said if I oatne up he would knife me, and he told me I had got all my money and I had better let him go. He further told me that he did not take the money, but Hoar did, and gare him £2 to say nothing about it. The prosecutor was cross-examined by prisoner Hoar, but he failed to shake his evidence. Sergeant McKnight stated that the last witness came to the station, and said he had lost his money, £4 15s, and that be suspected two men of stealing it. He also brought a coat, cap, and vest, which he said belonged to one of the men. 1 went with prosecutor and saw the prisoner Moakler near Peacock’s wharf. He demanded £1 of the prosecutor, who replied, “ give me my money, you have more of it.” prisoner put his hand in his pocket and pulled out some half-crowns, saying that was all the money he had got. I arrested the prisoner when he became very violent. I endeavoured to get him to the station, but he resisted and got away from me. I found, when I searched him, 4 half-crowns and 2 shillings. I afterwards secured the prisoner. After he was locked up he called me back and said he wanted to speak to me. He said “ 1 want to tell you all about it.” He said, “ I did not take the money, ’twas Bill,” meaning the other prisoner, “he took it, and gave me £1 to say nothing about it. lam not going to get into trouble for him.” He described Hoar, and wished me to go and find him. Constable Willis, being sworn, said: I arrested prisoner Hoar on Wednesday night. I searched him and found on him S halfcrowns, 4 two-shilling pieces, and 20 shillings. I afterwards heard a conversation between the prisoners. Moakler asked Hoar if he knew what bank the notes were on ; Hoar said •* No; they were fools they did not clear out at once.” I heard Moakler then say, <• I wish I could get these handcuffs off.” He did so after trying, and said, “ When they come to open the door 1 will knock them down and we will run for it.” Hoar said, “ No, they can’t prove it, and if the magistrate asks you where you got the muney from, say, honestly, worked for it.” Alfred Hewstone, waiter, Queen’s Hotel, being sworn, said : A man came into the hotel on Wednesday and tendered a Dunedin note for change. He resembled the prisoner, but he could not swear to him. He gave change for the note. A. C. W ilson.M anager of Bank of New Zealand, being sworn, said: The accused Hoar came to the Bank twice on the previous afternoon, and asked for change of a£l note. It was an Otago Bank note, and change was given for it. Arthur Bayfield, lieing sworn, said : The accused Hoar came into the Bank for change for two half-sovereigns into silver. Only one was changed. The prisoners said that the money belonged to them. Hoar said he had £5 when he left Dunedin. His Worship said the evidence was very clear; the sentence of the Court would be 6 months’ imprisonment with hard labour.