MAGISTRATES’ COURTS.

Lyttelton Times, Volume XXXVII, Issue 3565, 21 June 1872, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Thursday, June 30. (Before C. C. Bowen, Esq., R.M., and Aylmer, Esq. R.M. (Ross.) Cattle at Large.—John Hobden, one cow, in Lichfield street, fined us; J. B. Sheath, one horse, on the Ferry road, fined ss. Unregistered Dogs.—The following cases were heardßobert Falloon, one dog, fined 20s; James Irving, one dog, fined 20s ; Henry Holt, one dog, adjourned for a fortnight for evidence as to age ; Robert Gilkcs, one dog, fined 20s; Thomas Anderson, one dog, fined 20s.

Violent Assault.— Frederick Williams was charged with having violently assaulted Valentine Thomas Sear, and also with having used threotening language. Complainant did not appear, and accused said that Sear wished to withdraw the information. Inspector Pender said he believed this to be the case. His Worship permitted the information to bo withdrawn. Illegally Plying foe Hire.— Walter Hartnall was summoned for having permitted his stage carriage to bo used for hire between Christchurch and Papanui, without the same being endorsed on his license. Constable Sheppard said he saw accused drive up the Papanui road with four horses, and return later in the evening loaded with passengers. Accused is licensed to run between the Postoffice and Sumner. Christopher Dalwood corroborated the constables’ evidence. Accused said he had been specially engaged bya.gOTtleman, and was not plying for hire. His Worship said the coach could not be used out or its registered route, and a fine of 10s would be imposed. Neglecting to keep Lights Burning. — William Smart was charged on three separate informations (three nights in succession) with having neglected to keep a light burning on a hoarding erected by him in Cashel street. Constable Brown proved the offence, stating f.1m.1, the cause was shortness of the wick in the lamp. A fine of 10s was imposed.—Archibald Johnstone was charged with a similar ' neglect, on a hoarding erected by him in Colombo street. Constable Brown proved the case. Accused said there was not a hoarding, but only a scaffold. The constabl# said the

scaffold impeded the traffic on the foothpath, as the bends of people would touch it in passing. A witness called by accused, said ho had erected the scaffold, and'that the flooring of ft Was 6ft. 6in. from the ground, and only projected about a foot on to the footpath. The case was dismissed, and accused was informed that a light must be kept burning; for, however much anything projected over the footpath, it came within the law.

Abusive and Thekatenino Language Daniel Munro and —Milburu were summoned for having used abusive and violent language towards Samuel Treloavan. Complainant keeps the Bridge Inn, on the North road, and stated that on the evening of Sunday, 9th inst., the accused came to hi* honso,knocked furiously at the door, and when asked what (hey wanted replied“ Wo want some beer you b r.” He saw that they were drunk, and he ordered them away, but they would not go. They continued their disturbance, and when ho went out they abused him in a very violent manner, Munro being by far the worst of the two. They were so violent tliat he had to keep guard over his door for several hours, and he informed the Bench that Munro had frequently been guilty of similar conduct previous to the elute named. The disturbances on the North road were, in fact, becoming intolerable; and he must have a stop put to them. Munro, in defence, said that when, they asked for beer complainant began to abuse them, and they merely replied to him. Complainant denied this, and pointed out that accused had no right to go to the house at all on a Sunday night. Munro was fined £3, and Milburu was fined £llos. Weights and Measures Act.—The following informations laid by constable Walch, the Inspector of Weights and Measures, were disposed of : —James Gapes, paiuter, Papanui road, one pint measure unstamped, but correct, fined 20s, and measure to be destroyed. Stephen Collins, Papanui road, one 4-lb iron weight, 4 drachms light, and unstamped ; and one 2-lb weight, 2 drachms light, but stamped. Accused said the weights had all been stamped by Mr Brunsden, but the lead put into the weights by Brunsden to make them correct, and on which he affixed the stamp, frequently came loose and fell out. A fine of 20s was imposed, and the weights were ordered to be forfeited. H. B. Lorrensen, Papanui road, 1-cwt Avery machine, unstamped, but correct; one 1-lb iron weight, unstamped; and one J-lb iron weight, unstamped, 1 drachm light; fined 20s, and the weights to be forfeited. —Stephen Simpson, Papanui road, one i-oz weight, unstamped, but correct. Accused said he hod been several times to see Mr Brunsden, but could not find him in. A fine of 20s was imposed, and the weight was ordered to be forfeited.—John G. Hart, butcher, Papanui road, one pair of steelyards, unstamped, but correct; one 1-Ib weight, 11 drachms light; one spring balance, very incorrect ; fined 20s, and the balance and weight to be destroyed.—Nathaniel Burris, Carlton hotel, seven 1-pint measures, and two i-pint measures, unstamped, but correct; fined 20s, and the measures to be forfeited. William Redfem, Papanui road, one 14-Ib weight, 9 drachms light,andunstamped; cue 1-Ib weight, 9 drachms light; one 7-lb weight, unstamped, but correct; one 2-oz weight and one 1-oz weight, unstamped, but correct; fined 20s, and the weights to be forfeited.

iLL-rsixa nxs Wife. — Daniel Manhire was charged on the information of his wife “ that he has for some time past been guilty of cruelty towards his wife, this informant, and also failed to provide for the maintenance of his two children, without such failure being caused by sickness or other unavoidable cause, and this informant therefore prays that an order may be made for the protection of her property and earnings, and also for the maintenance of the said children.” Mr Thomas appeared for the complainant, who, on being sworn, said: I am the wife of defendant. I have two children; one an infant in arms and the other a year and three mouths old. I have left my husband three times ; twice I left of my own accord, but the third time he told me to go. I left on the first occasion soon after the birth of my first child. He gave me money for a short time after we were married. I afterwards kept a school, supported myself and bought clothes for myself and child .both before and after K child was bom. I lived at Che schoolroom. : husband had a freehold farm and a house in' the neighbourhood. While I was keeping the school, my husband, though not absolutely guilty of cruelty, used to treat me with the greatest contempt. Before I left my husband the first time, he and his sister were living together on my husband’s farm. I used to go from the schoolroom to the house to sleep, and went back in the daytime. His sister did the domestic work of the house. I kept my school in a house belonging to Reynolds, rented from my husband, who asked Reynolds to turn me out, and because Reynolds would not do so, my husband took the windows out to compel me to go back to live with him. I went back. After I had been there a fortnight or three weeks, he told me to pack up, as he and I were to go and live in the schoolroom. We left in the afternoon, and his sister went back to live at the house. My husband took an occasional m eal in the house and slept there. He gave me food, but no money to buy clothes. While I lived in the school my husband kept up the other house, and his sister lived in it. My husband said he would keep me according to law, but no more. I told him that if he would give me 5s per week I would be satisfied. Sometimes I was without bread, and at other times without tea or butter. I complained to him, and he then ordered the butcher and baker to call, and for a short time I was better supplied. I afterwards had to bring him before the Court. Subsequent to which I lived with him until the 22nd of April last. I had to work for my own clothes and my children’s clothes. I had plenty of food. I took a few shillings out of his pocket to buy calico with, and when he came home he trampled my clothes up, broke up a sewing-machine which I had brought out from home with me, and also broke up a box containing some relics which had belonged to some dead relations of mine. All this occurred within two months of my confinement. I was in the room when he did it, and I endeavoured to prevent him. He also burnt some letters of mine. I could maintain myself if I hod my sowing-machine, but not the children. Just before my confinement he accused me of having gone to the Police Court again, and ordered me out of the house. He told me of throe houses to which I might go and he mentioned Mrs Reynolds’ house, and I went there. He also told me that he had engaged Mrs Acqua to nurse me j she is a person I would not allow to come near me. Mrs Reynolds had to summons my husband before he would pay for my maintenance and that of my children. On one occasion he took a child by a previous marriage out of its own bod and took it into our bed, and as there was no room for me I refused to go to bed, but lay down beside my child. Ho then got a “ billy ” full of water and emptied it over me, and I lay there the whole night. Eliza Reynolds, sworn: We lived in one of defendant’s houses. He gave us notice to quit, but said he did not want us to go if we would turn his wife out. We refused, and on the Wednesday defendant came to the house and took the windows out. While complainant was keeping a school and supporting herself with her machine I have known her to be short of bread and her child also. Defendant s sister told me that defendant allowed her 7s 6d per week for clothing. Constable Wilson sworn; Mrs Acqua is a thoroughly bod character, and there are bad characters living in her house. She is not a person to go into any decent house. In defence, Manhire attributed the differences between himself and his wife to the neighbours. If they would let him alone he would get on very well with complainant, and would maintain both her and her children if she would live with him and keep Ins house. His Worship said the ill-treat-ment of complainant by her husband had been before the Court several times, and there could be ho doubt as to defendants conduct In the present case there was ample proot ot the grossest cruelty, and it was all the more brutal from being done in cold blood. An order would be made that complainant s earnings should be protected, also that she should have the custody of her two children, tor whose maintenance defendant would have to pav 30s per week. Defendant would a so Lve to pay all the costs of the present case,

and must hand over to complainant all 1 her own and her childrenVolothihg. The announcement of this decision by His Worship evoked demonstrative applause from the body of the Court, which was, however, at once quelled.

Slaughter-house Licenses. —The following applications were hoard :—John Brett, Kmveo farm, Courtenay. No objection. Granted.—William Collins, section 8320, Springs district. No objection. Granted.— Joseph Hayclon, section-1505, Ellesmere Junction road. No objection. Granted.-—Thos. Kennedy, sections 1081, 1502, and 1913, Halswell. No objections. Granted.—Lodge and Carter, section 1136, Racecourse. No objection. Granted.—Mackio, Bros., Lavington station, Rakaia. No objection. Granted.— Parker Westcnra, Carala station, Selwyn. No objection. Granted.—H. T. Winter, Ashburton station. No objection. Granted.— J. Withoy, Windmill road. No objection. Granted.—Thos. Ward, section 8021, Selwyn Forks. No objection. Granted.—T. W. Stead, section 100, Ashburton township. Applicant did not appear, and as a report had not been received from the constable in the district, Inspector Ponder requested that the application might be adjourned until next week. The application was granted. CIVIL CASES. Avon Road Boaed t. H. Leathwick.— Claim 7s 6d. Judgment for full amount and costs 9s. John Hoppee v. Enoch Peppee.—Claim £4 5s lOd. Judgment tor full amount and costs 9s—to bo paid at the rate of 5s per week.

AKAROA. Tuesday, June 18. (Before Walter H. Pilliet, Esq., E.M.) CIVIL CASES.

Joseph Bates v. William Livingston. —Claim of £2O, alleged damages to have been sustained by plaintiff, through defendant impounding 14 head of cattle off his land. Mr J. S. Williams for plaintiff, Mr Cottrell for fendant, who pleaded never was indebted, no damages; and further, out of jurisdiction, as a question of title was raised by the contents of the plaint, defendant claiming the land in question as his. A number of witnesses were examined, and judgment was given for defendant, with costs.

PIGEON BAY. Wednesday, June 19. (Before Walter H. Pilliet, Esq., R.M.) CIVIL CASES.

Road Boaed v. T. Kay. Claim of 15s 3d overdue road rates. Mr Thompson, collector for the Board, appeared to support the claim. An objection was taken to the form in which the plaint was made, and plaintiff was non-suited with, costs. Road Boaed t. Eli Scot. Claim of £1 7s 7|d, overdue road rates. Nonsuited, with costs.