MAGISTRATES’ COURTS.

Lyttelton Times, Volume XXXIV, Issue 2973, 22 July 1870, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Thursday, July 21. (Before C. C. Bowen, Esq., R,M.) Cattle Trespass. —William Burke, for one horse at large on two separate occasions, was fined 5s for each.—John Wright, for four calves at large on the Lincoln Road, was fined 10s. Assault.— James Burberry and Charles Burberry, father and son, were summoned for having violently attacked Thomas Moss, an employe in the goods department at the railway station. Charles Burberry appeared, but requested an adjournment of the case, on the ground that his father having broken two ribs, and being confined to the hospital, could not attend. Some preliminary evidence, showing that the case could not well be heard without the elder accused being present, it was adjourned until such time as he was sufficiently recovered to attend the Court. A Runaway.— J. H. Noding was charged with having remained at such a distance from his horse and buggy as not to have proper control over them. Constable Wilson proved to the horse having bolted down the Ferry Road. It had come out of a timber yard. Accused, in defence, said that he tied the animal up in Mr Jenkins’ timber yard, but a buckle gave way, and the horse bolted. He had no witnesses to prove that such was the case, there being no one in the yard at the time. In reply to the Bench, the constable said he had not ascertained whether or not the horse was tied up in the yard, but none of the harness appeared broken when he saw it. The reins were down about the heels of the horse. His Worship said the onus of proof as to the animal having been tied up rested with the defendant, but as the tonstable had ascertained that the horse came out of the timber yard, the Bench were inclined to credit accused’s statement, and consider the matter purely accidental. The case would therefore be dismissed. Fighting in the Temperance Hall.— James Gahagan and Alex. Wilson, two youths, were charged with having committed a breach of the peace by fighting in the Temperance Hal), Gloucester street. W. J. Pearce said he was chairman of a meeting held in the Hall on the 4th inst., and his attention was called to a fight between the accused. They were having a “ set-too ” across one of the benches. Frequent annoyance was caused in the Hall at such gatherings from similar misconduct. Inspector Pender said complaints had repeatedly been made to the police, and he himself on visiting the Hall at one of the meetings, saw considerable rowdyism. From the defence made by the accused, it appeared that the offence had resulted from an accidental kick which one gave the other, and both disclaimed any intention of causing a disturbance. His Worship said he was sorry to hear of such conduct in any public building, and the accused, in addition to paying costs, would be fined 2s 6d each. Cruelty to Ammals. —George Osborne was summoned for having wantonly ill-used a horse in the Market-place, Christchurch. W. Wilson stated that, on the 7th inst., he saw accused driving a horse from the Golden Fleece Hotel towards the Victoria bridge. He used his whip upon it with great brutality. He stood up in the trap, reaching as far forward as possible, striking the animal on the head and elsewhere with the greatest force. The lash wrappel ro&nd the head anl neck of the horse every time. There were many people present who remarked upon accused’s conduct. Witness could not remember who any of them were. Witness went to a constable in Cathedral square, and sent him to the spot. Accused, in defence, said he was prepared to swear that he never ill-used the horse, and stated that Mr Wilson could not remember or tell of any one else whocomplained of his (accused’s) conduct. He submitted that there was no conclusive evidence. Inspector Pender reminded the Bench that accused had previously been convicted for similar conduct. His Worship said be was quite satisfied that accused had lommitted the offence he was charged with, and that Mr Wilson was deserving of commendation for taking the course he had, A censed would be fined 40s and costs, LYTTELTON. (Before W. Donald, Esq,, R.M.) Stealing from the Person. Robert Morgan was charged with this offence. Sergt. O’Connor said, at 5 o’clock yesterday evening, I arrested accused on a charge of Stealing £lO, in notes, from the person of a man named Daniel Collins. I cautioned him in the usual manner. On searching, I found only Is. Daniel Collins deposed : I am a digger. I first saw the accused the day before yesterday, at a public-house in Christchurch. I do not know the name of the house. There was a man there that Iki ew when at the diggings on the West Coast. I told him that I was going to Sydney. Accused then said he was going also, and we came down to Lyttelton together. I paid his railway fare, as well as my own. I then had £lO 4s in my possession—one £5 note, and five £1 notes, and 4s in silver. The accused saw me place the £5 note in my pocketbook. On arriving in Lyttelton, we stopped at a house opposite the Railway Station (Leslie’s Saxon Hotel). Before going to bed that night, I had a good deal of drink, and on waking next morning, I found that my money was gone. I told the accused about it, and he said “You were shouting any way last night with a roll of notes in your hand,” and added, “It does not matter, for I have money in the Bank of New Zealand, and will draw some to pay our passages.” He went to Christchurch, promising to come back by the 12.30 train, but he did not. He arrived by the 3 o’clock, in company with two prostitutes. I asked him if he had got the tickets. He said “ yes.” I then lost sight of him, and after searching for some time, found him in a house kept by a coloured man—in company with the two prostitutes. He then said that he had no money. He bad not the same clothes on now that he had before he went to Christchurch. I went to the theatre on Monday night, and slept in a yard. I am positive that I had the money in my possession when I came to Lyttelton. The Bench remanded the accused until Saturday, at the request of the police.