MAGISTRATES' COURTS.

Lyttelton Times, Volume XXXV, Issue 3200, 17 April 1871, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Satobdat. April 15. (Before T. W. Mau le and A. Back, Esqrs.) Dbdnkennbss.—Robert Byslop, arrested by (Constable Wallace, for having been dr nk and made use of obscene languaue in a public thoroughfare, was fined 10s.—Margaret Guerin, in the custody of Constable Wilson, for haviing been drunk and disorderly, wp also fined in the same amount.—Andtew MoTaggart, on bail, answered to a charge of having been drunk whilst in charge of his licensed cab at one o’clock yesterday morning. Accused, though admitting the case, pleaded that when arrested he was suffering more from a want o sleep than drink. He|had been up all the previous night at a wedding party, and of coarse a little drink soon takes effect on a man under such circumstances. His Worship said the matter was a very serious one. There were no less than eight convictions against accused in three years, and one of them recently. He would be fined £5, or, in default, one month’s imprisonment, and the clerk to the Bench would have instructions to wri e to the City Council, informing them how many convictions there were against him. Vaobanot.—Duncan Bede, a man of ve y dirty and neglected appearance, was brought up in custody, charged with being a vagrant.. Detective Feast said he arrested prisoner on the Ferry Road in a state of intoroation. He had been loafing about the city and suburbs for upwards of seven months, and had done no work. He was in the habit of begging about the Ferry Road, Waltham, St. Albans, and other places. Two witnesses residing on the Ferry Road. proved to prisoner having solicited alms from them and others, and to having been violent in bis cooduot. Mr K. De C. Malst, Clerk to the Bench, said prisoner had also stopped him in the street and toll died aims whilst apparently in a state of intoxication. Prisoner was sentenced to three months’ imprisonment at hard labour. A Damobbous Chabactek wbm. Disposed or—James Clark, olios the Brasher, was again brought up, charged with being a rogue and a vagabond, and with having violently resisted a constable whilst in the discharge of his duty. Prisoner’s forehead bjre strong evidence of rough work,the tight

temple being covered $ ith blood. Constable Eares, whq also displayed traces of a row, in black eye, said, at ten o’clock last prisoner in the bar of the Criterion Hotel, trying to make a drunken man fight .with him. There was considerable noise and a crowd of from twenty to hirty persons ■was Collected round the door. After a short time the drunken man went away, and prisoner followed him, calling him very disgraceful names Witness watched them down the street, and saw prisoner pull the drunken man into the right-of way between the Tima office and the Central Hotel. From previous .knowledge of prisoner, witness was satisfied this was done with the intent to rob the man, and -witness accordingly went up and took -prisoner into custody. Prisoner struck him a severe blow in the eye, and became very violent, kicking and biting witness in a furious manner. Witness had to use his baton to protect himself, and had to procure the assistance of ■ two men before he could secure prisoner. Sergeant O’Connor gave corroborative evidence respecting prisoner’s conduct in the Criterion, and said he bad known prisoner f ■ twelve or fourteen years—part of the time 0,, the other side—as a most dangerous charan r. He bad known prisoner four years in th t province, where he bad got his living by rob 1 g drunken men. He had received several se/uences here and in Timarn,one of which was ' : x months’ for robbing a drunken man at Tetnuka. F. Palmer, residing on the F ry Road, proved to prisoner having solicit.-d and obtained alms from him at bis house. Sergeant M'Knight handed a series of police records to the Bench, from which it appeared that prisoner was an old convict, when he had been sentenced repeatedly for robbery and vagrancy. Also, that he had been convicted several times in Otago, and that since 1866 he had been convicted twenty-times in this province. The convictions since 1866 includ' d fines to the‘amount of jEI3 for drunkenness, and terms of imprisonment for other offences amounting, in the aggregate, to within a few days out of the three years. His Worship said the case had been fully proved, and from the character prisoner bore it would be better, both for himself and the public, that be should be sentenced to a lengthened term of imprisonment. He would therefore be treated as a vagrant, and would be (imprisoned at hard labour for the space of two years. '

LYTTELTON. (Before W. Donald, Esq., R.M.) Larcent or a Cheque.—Thomas O'Brient was charged with this offence. The accused was brought up on remand from the previous day. Mr Thomas Merson, storekeeper. stated that a person, he believed to he the prisoner, came into his shop on Monday, and tendered a cheque for £4 in payment for some tobacco. Ihe cheque was drawn by one Buxton, and was endorsed by B. Belgrave. He asked the prisoner to write his name across the cheque, but he said he could not write, but would put his mark. He gave the name of Thomas Hewitt, and put his mark. He, witness, paid the cheque into the Bank of Australia, and when it was presented at the Bank of. New Zealand it was stopped. By the Bench ; I am almost positive the p isoner was the man; I had no doubt of it in my own mind. The following additional evidence was given : William Holmes : lam a bricklayer residing in Dampier Bay, I took a cheque for £4 from Mr Belgrave on Saturday last. 1 bad the cheque when I got home on Sunday morning. I emptied my pockets of the cash I had received, and I then read the cheque and left it on the drawers. My wife and my little girl were the only persons, except the prisoner, who lived in my house. His room was nearly opposite to mine. On Monday evening, my wife wanted some money, so I told her to take the cheque. She said, “ what cheque f ” I replied, •* I'he one in our room, on the drawers.” She said that she had not seen any cheque. 1 went and searched the place, bat could not find it. I called the little girl and questioned her, but she bad not seen anything of it. I went to Belgrave about the cheque. By police : The prisoner did not tell me on Monday he had bought anything. I saw him with a watch, and I thought I would inquire how he came by it. He has been in my employ about three months. Ido not think he i can write; be never could when 1 paid him bis wages; he used to make his mark. I said pn Tuesday to him, “ Tom, where did yon buy that watch ?” He said “ From Newton.” I said, ‘ Don’t tell any lies, or it will be woise for you.” I had sent for the police then, and was going to give him in charge. By the Bench : We knock off for an hour at dinner. The pri-oner boarded and slept in the bouse. William Newton, a lad, said : I live and work at Messrs Cameron, Bros. 1 know the prisoner. I saw him on Monday last in the brickyard; he was walking along the hackes; he showed me a cheque. He said begot it from ; eith field; it bad a number 4 and two noughts oh It in the corner; it was the colour of pink blotting paper. The prisoner pulled it out of bis waistcoat pocket, and turned down the corner; this was .howl saw the figures. 1 was going to sell the prisoner a watch, and be showed me the cheque, and asked me if he was bard op, for people bad said so of hfm. I did not sdl him a watch, bnt I saw him afterwards, and he told me. he had bough*, a watch of Koisiter, and had also given Jim Kerr XI to buy another. He sail, if Mr ii >lmes asked me anything I was to say he had bought the watch‘of me, anl had . i»en me XI cash for it, for if I did not, Mr to la a w al l not pay him the money. Ke-r -afterwards told me that Tom (the prisoner) had cot him £l, and he also said that ah' .Mr Holmes hsd given him some money, lit- had paid prisoner 3s fid back. By ’tench : Ido nut know if the prisoner suiks Krr works in the brickyard. The cheque just shown me with the figures in Urn corner, is.ezact’y similar to that in prisoner’s pi James Kerr : I know the prisoner and work with him. I was in bis corapsm on Monday evening. He told me he was going to buy a watch from Newton. I told him I was going to buy one when I got the money ; he asked me bow much ? I said, £l. He said be would let me have £l. He lent me the money ; I was to return it to him at a shilling per week. He bad another £l. 1 saw no other money. He told me he got the money from L-ithleld. I have known him three months. Ho never told me he had to receive any money from Leithfleld. By Bench: He smokes. He bad some tobacco on Monday ; hegavs ms a stick; he also gave anoihe person a stick. I said to the accused at the kiln, ''you have got that cheque, and I will split.*’ He replied, “You cao go ahead.” He said Mr Holmes knew all about the money from Leithfleld, By Bench: I suspected prisoner, because he wag so flush of money. Mr olmes gave him £1 at Belgrave's; he spent part of it there. By aoouied: You sp nt 2s at Belgrave's. Mr H. Kossiter sworn: The accused came into my shop on Monday ni<ht with another person. He afterwards came in a’one and asked me if [ could sell him • watch for £l. I said 'yes,” md aim sold him a chain. He pa dme is afterwards fur cleaning the watch. I did not warrant the wauh ‘o go. In defeme, the moused called his f iiher, who said the priioner was in the yard all day on Monday ; hr [witness) however, left the yard at dinner :ime but was only away half-Mt-hoar. The moused denied having taken the cheque. The Bench said it had been hown that the accused tad access to the room where the cheque was eft, and he was afterwards seen with a sheque in his possesion corresponding sxmtly with the one stolen T here was no loubt but that he stole i>. The sentence of he Court would be aix mouths* imprisonment with hard labour

that the.prisonetwas.not.a lunatic, but that he was a fit subject for hospital treatment. The case against the prisoner was dismissed. He was then brought up on remand from the. 18th, charged with having attempted to, commit suicide. The prisoner, in defence, stated that he had fallen into the water, while in a fit. and there being ho evidence to the contrary, the case - was dismissed; The Bench asked Collins if be desired to be sent to the hospital, but as be objected to go, he was left to his friends. SasintDAT, April 15. Larcrnt — Stephen Thompson was brought up in custody, charged with having stolen certain articles of jewellery from Arthur Appleby, of Christchurch. Sergt. Ramsey deposed From information I received I started in search of the prisoner, and finally found him in Akaroa. 1 arrested him. Be denied at first that bis name was Thompson; afterwards be said “It was no use denying that he was the man.” I then cautioned him. He afterwards told me that he bad disposed of some of the jewelry to a publican, but for the real, he would tell Mr Apoleby when he ■aw him how he bad disposed of it. The prisoner was remanded for eight days to Christchurch.