MAGISTERIAL.

Lyttelton Times, Volume XLIII, Issue 4464, 4 June 1875, Page 3

MAGISTERIAL.

OpHISTO HURCH. Twuesdat, June 3. (Before G. L. MellishjEsq., R.M.) The Court opened, at .11 o’clock. Hobbes and Cattle Trespass. —James Kearney, Michael Hillier, and Win. Neighbours were each fined ss. Burning Rubbish.— James Chambers for having lit a fire in the open air without previously giving notice to the City Council was fined 10s. Drunkenness and Resisting the PpiiiOß.— Robert Webber was fined ss, and ordered to pay 7a 6d for a window broken, aud 2s for. cab hire in conveying him to the station. Unregistered Bogs.— The following cases were disposed'ofWilliam Hibbert, one dog, fined 20s; R. Hewer, one dog, fined 20s; Edwin Dixon, one dog, fined 20s; Henry Philips, three dogs, fined £3. Driving without Reins.— James Julian admitted that while in charge of a dray and three horses he rode upon the dray.'without having good and sufficient reins attached to the two leading horses, and was fined.

Abusive f and Obscene Language.— James White was summoned for having used abusive and obscene -language within hearing of a public thoroughfare, in Colombo street. The case was proved, and a fine of 10s imposed. Illegal Sale of Liquoss.— lnspector Buckley informed the Bench that the witnesses who were to have been called in the adjourned case against Wm. Let ford, holder of a wine and beer license at “Addington had left the province, and he would therefore ask for permission to withdraw'the charge. The request was granted.- - - - Dbunk and Disobdbmt.— Margaret Ellison was fined 10s.—Louis Schmid was fined 5s. —James .Crawford failed to answer to his name. John Mortice informed the Bench that Orawfordthad been compelled to go away‘ by an early train, and' could not attend the Court. Inspector Buckley said he believed this to be correct. A fine of 5s was imposed. —Josiah Watson and Henry Mallock, arrested in company, were fined 5s each.—Charles Bush was fined 6i.—Hugh Henry was fined 20s.

Unlicensed ’Bus.—- John Barlow was charged With haying plied for hire with an unlicensed ’bus. Constable Breen proved the offence. Accused said he had applied for a license to the .City Council the night before the date in the information, but it was not granted to him untiOGe afternoon of the day on which the offence, was said to have been committed. He submitted his license which bore the same date as the information, and the case was dismissed.

Yagbanot.— John Baker, arrested for being drunk and using obscene language in a public thoroughfare, was brought up charged with being a vagrant.. Prisoner had been up twice during the past month, and five times in five months, and it was said that frequent complaints had lately been miade about him. His Worship said'he would give prisoner a chance of getting thoroughly sober. and . would sentence him to one week’s imprisonment with hard labour. If he came up. again after this he would he very severely dealt with. Pboxection of Bashings.— Thomas Wm. Hobson was charged with being an habitual drunkard, mid with - having failed to maintain his wife and family. Mr O'Heill, who appeared for complainant, said that all his client wanted, was an order for the protection of hqr earnings againjt.aecosed, whohad foralong time drank Hrn'iSfri|S«d l«lt hisfshiiljrmirfi unprovided - for. .Ohjuttne Booson, called, gave evidenee ih; support of the charge against* accused, adding that she had five children, and she had been compelled to provide for them herself for more than twelve months. His Worship, made an order for the protection of complainant's efumings.

Pinifa fob Hibe without a License. —James , Sadden was charged with haring plied fdr .hire in the city with an unlicensed dray. W. Pearce, Inspector of Yehicles, said on May 16 accused' had an unlicensed dray standing on the carrier’s, stand in Christchurch for hire. Accused was not acting as driver, but witness knew that the dray was bis. Accused said he thought it was hard that he who had been paying for licenses for years should be summoned, while others who out up the streets worse than him were allowed to ply for hire without licenses. His Worship said the by-law must be conformed with, and a fine of lOswould be imposed.—W. Pentecost and Hugh Walker, for haring stood with their horses and drays on a public thoroughfare' longer than was necessary for loading or unloading their vehicles, were fined 10s each.

REFTTsiwa, TO CONTEIBUTB TO THE StTFpobt or theze Pathbb. —Wm. Hall, about 25 years, and Alfred Hall, about 15 years, of age, were charged with having refused to contribute to the support of their father. Mrs Hall, called, said her husband was very ill from gout, and quite unable to earn sufficient money for his support. The accused, William, said, in defence,-that his father : Wat quite able to support himself, ibut he was in the habit of getting drunk and fighting, and then when hurt he wanted his sons to keep him. He (accused) had a wife and family to support, and was quite unable to contribute anything towards the keep of his father., Mrs Hall strongly denied the statement about drinking and fighting. His worship made an order for the wages (10s per week), earned by. the youngest of the accused, to be paid over weekly to his father, who must feed and clothe him, and for the eldest of the accused to contribute 4s per week towards the support of his father. Assault. —Thomas Hazard was summoned for having violently assaulted E. W. D’Oyly. Complainant said, on the 19th of May, he was driven by accused to Mr Duncan’s, on the Papanui road and back to the Government Buildings. The time occupied was under an hour, and complainant tendered him 4s, which he refused to accept, saying his fare was ss. Complainant declined to pay this, whereupon accused seized complainant’s hat, saying he would keep it until the amount was paid, at the same time making use of abusive language. Complainant then walked away, when accused threw his hat against the Government Buildings and drove away. Accused denied the abusive language, and said that being sorry for what he had done, he subsequently went to complainant and apologised for his conduct. Complainant said he thought it was due to the public that he should not accept the apology, but bring the matter before the Court. His Worship said this was quite right. Accused had his legal remedy if he didjiot choose to accept the fare tendered to him, and such conduct as he bad been guilty of must be put a stop. to. He would be fined 20s.

; Annovins Conduct.— Biohard Bowen, a youth of about eighteen yean of age, waa r summoned for having conducted himself towards Blackburn, the keeper of the refreshment bar atTattersallVin such a manner as to provoke a breach of the peace. Complainant said that, on the date named in the information, he was startled by sundry articles, including a boot belonging to accused and a bottle, being thrown at his door j and, on going out, he saw accused with some others, sitting in a stable-loft opposite, laughing. On andther occasion, accused liad played an accordion, which was not even in tone, at his door, to tbe annoyanoe of people in the refreshment room. A witness named Spinks was called,

but said accused could not have thrown the articles complained of at Mr Blackburn’s door. Witness, who was near at the time, would hare known it if . he., had. Accused denied .the .offence, and said he carefully avoided complainant, who was an insulting and disagreeable old man. His Wershjp’to complainant:. 1 suppose, your.objept in laying the information was to put a stop to such annoyance as that complained of. Complainant replied in the affirmative. His Worship said it was not proved on the evidence that accused was the person who threw the articles at complainant’s door, and the pase would be dismissed; but it should be understood . that complainant must not ■be subjected to any annoyance in future.

Neglecting to Obey ah Obdeb of the Coubt.—Robert Beattie answered to a charge of having neglected to obey an order of the Court for payment of £1 per week towards the support of. his wife, Janet Beattie. MrThomas appeared -for complainant, and Mr Janieson for the defence. 'Mr Jameson said he admitted that his client bad failed to obey the order, and was £5 in arrears, but he intended to show cause why the order should be no longer obeyed. The order was originally ,made subject to complainant conducting her.self in a proper manner.. Mr Thomas said he must object to this statement. The order .itself was the' best proof as to how and ;under what conditions ’it was made, and should therefore be put in. If no conditions were attached to it on the. records of the , Court then he would submit that it must be obeyed, Mr Jameson said he was prepared to give evidence on oath as to the conditions attached to the order, and contended that it , was permissible for him to do so. Mr . Thomas contended that the order itself was the only evidence that could be admitted. After some consideration his Worship said he would hear Mr Jameson’s evidence. Mr Jameson, sworn, said that when the order was made by Mr Bowen he attached the condition that it was only to remain binding upon accused so long as Mrs Beattie resided with her mother and conducted herself in a thoroughly respectable manner. The reason for this was that it was shown during the hearing of the case, that Mrs Beattie had been guilty of familiarities with men while accused kept the Warwick Hotel, and bad otherwise misconducted herself. Mr Jameson then informed the Bench that he intended, to prove Mrs Beattie had brokenthe condition. attached to the order and therefore, had no further claim upon her husband. Mr Thomas again submitted that the order itself was the only evidence that could be admitted with respect to any condition being attached to it. His Worship had the order looked up, and found that there was no record of any condition being attached to it. Mr Thomas then contended that Mr Jameson’s evidence could not be admitted in the present case, but that, if he desired to get his client exempted from paying the £1 per week, he must apply in the ordinary course to hare the order varied. His Worship, after some .consideration, said he must make an order for payment of the arrears, and. if Mr Jameson wished to avoid future payment, he must take proceedings to have the-order varied. The Oab Cases.—Andrew M’Taggart, a city cabman, was charged with having plied' for hire with a oab, on which his licensed tpimber Was not painted. Constable Watt proved the case. Accused denied that he was plying for hire,' and said that he was merely •carrying out a private euagement at the time stated. He had no evidence to call in defence. A fine of 10s was imposed.—Another case of a similar character was proved against him by Constable Breen, and another fine of 10s was imposed.—Accused was also charged with having plied, for hire after sunset without having lights upon his cab. Sergeant Kennedy proved the case, and a fine of 10s was imEosed.— Accused was next charged with aving, on three separate occasions, obstructed the thoroughfare near the Theatre in Gloucester street by (allowing his horse and oab to remain thereon: for an undue, length of time. Dr Foster said as there appeared to have been a misapprehension on the part of the cabmen, with rcspect to the length of time .they were allowed to stand opposite places of .amusement he would, not press any of the charges of this kind, but would ask the Bench to caution the cabmen that although they were allowed to stand in front of a place of amusement for a oertain.'time before the termination of a performance, they were not to use the adjacent part of the street as a public stand. Hie Worship said the-cabmen certainly must not do this. It was only by the courtesy of the City Council that they were allowed to stand in front of places of amusement, and they must obey suohwgulations, as the Council choose to make for the purpose. McTaggart said he objected to the information being withdrawn. His Worship said, as Dr Foster did not wish to press the charge, it’ would be dismissed. Accused: Then 1 demand my expenses. His Worship said no expenses would be allowed. Accused, who had conducted himself rather noisily during the hearing of the previous cases against him, and who now complained, as he was retiring from the Court, of injustice, was ordered by his Worship to be retained in custody until the rising of the Court. Later on he was brought up, and upon apologising was dismissed with a reprimand. In conformity with Dr Foster’s request, the following informations for obstructions in Gloucester street, were then withdrawn ;—James Reed, three; A. MoTaggart, three; George Whincop, two ; Lorenzo Zouch, two; D. Howard,. five ; Albert Brown, one ,* and Hans Clark, two Daniel Howard was charged with having plied for hire without having his licensed number painted on bis cab. Accused said he applied to get the number painted, but a delay, over which he had no control, occurred in getting it done. Dr Foster said he believed this to be correct. His Worship said, that being the case, the charge would be dismissed.—Thomas Wheeler, for having plied for hire with a horse and cab on two separate occasions without the same being duly licensed, was fined 10s for each offence. —Thomas Hazard, for a similar offence, was also fined 10s.—James M’Dermott, for a similar offense, was also fined 10s.— Cornelius Sexton was summoned for having plied for hire without his licensed number Being punted on his cab. Accused said he had given orders to have the work done, but the wet weather had prevented it being carried out. Dr Foster said he believed this to be correct, and the case was dismissed.—Wm. Mallard, for plying for hire without his cab being duly licensed, was fined 10s.—James Kearney was charged with having plied for hire with a ’bus without the same being duly licensed. Sergeant Kennedy proved the offence. Accused was fined 10s.— Henry Jordan, for having neglected to remain in constant attendance upon his horse and cab on the City Hotel stand, was fined 10s.—James Hunter, for a similar offence, was fined in a like amount. —Harry Male, for having wilfully encumbered the thoroughfare in High street by allowing his unlicensed oab to remain on the stand in front of Mrs Butler’s, when the other cab stands were closed, was fined 10s. — James Kearney was charged with having plied for hire with a oab without the number of his license being painted thereon. Accused said his cab was in the “doctor’s” bands at the time, and the number was painted thereon directly after the date in the information. The case was dismissed. —Patrick King for having obstructed the thoroughfare in High street with his unlicensed cab, by allowing it to remain upon the stand in front of Mrs Butler’s shop at the time the other cab stands were closed, was fined 10s.—Rowland Savage for acting as driver of a hackney carriage, without being duly licensed, was also fined 10s. I

LYTTELTON. (Before W. Donald, Esq., E.M.) Citil Gases. —Merton’s Estate V. Wilson, claim £5 6s: judgment for amount, with costs,—Same ▼. O’. Messiter, claim £1615s 6d. Mr H. N. Nalder appeared for the defendant, and said he took objection to Mr Fletcher, bailiff, appearing for the assignees. Mr Fletcher produced an authority from the trustees, empowering him to collect all accounts against the estate. Mr Nalder here asked if the deed of assignment had been produced. This was found not to be the case, and he (Mr Nalder) claimed a nonsuit, which the Benoit allowed.—Allan t. Qarforth, claim £ll 16s. Mr H. N. Nalder for plaintiff. £9l3swas paid into Court After hearing the evidence, the Bench gave judgment for full’amount, and costs £2 2s. Gallaghan ▼. Cookin, claim £35 4s. Mr H. N. Nalder for

the plaintiff. The evidence had been heard and the case was adjourned until Monday.

LEESTON. . Tuesday, June 1. (Before B. Jollie, E. J. Lee, and 0. J. Bridge, Esqrs., Commissioners.) New License,—Two applicants appeared at this Court for an hotel license at Doyleston, viz., Joseph Hastings Doyle, and Jamea Blaokler, Mr Harper appeared for the former, while Mr Lewis conducted the casa of the latter. The Bench, upon consideration of some length, decided that the application of James Blacklec should be granted conditionally, viz., that he should erect stabling accommodation immediately, and that he should erect the hotel either on the comer section opposite the Station,'or the adjoining one.

Renewed Licenses. —Renewal of licenses were granted to J. J. Loe, of Leeston; Isabella M'Bean, Dunsandel; T. Johnson, of the Dwell; T. Bailey, of Southbridge; W. Lawrence, of the Selwyn: W. Spring, of Southbridge.

AKAROA. Tuesday, June 1. (Before Justin Aylmer, Esq., R.M., and E. 0. Latter, Esq.; J.P.) LAhcbnt.-—Henry Jansen,-for larceny of boots, was sentenced to one month’s imprisonment and hard labour, to commence at expiration of previous sentence. (Before J. Aylmer, Esq., R.M., B. 0. Latter, and W. G. Inman, Esqrs., Commissioners.) Slaughtee House . Licenses.—Licenses were granted to the following persons, viz. M. Flanagan, F. Lelievre, E. C. Latter, 0. Applicant said He would prefer the wine and beer license. S. Green, licensee of the Plough Inn, which is situated within fifty yards from Turner’s house, objected to the. application being granted on the ground that the applicant did not carry out the conditions imposed by his license. He also stated that on the previous evening, he refused to supply four persons with drink because they were in a state of intoxication. They went across to Turner’s house and came back to saythey had been supplied with beer. . The Bench adjourned the application for a fortnight, to enable Mr Green to produce evidence to prove his objection to the license being granted; notice of particulars of objection to be handed in in writing and copy served on Mr Turner, as required by the Act.