MAGISTERIAL.

Lyttelton Times, Volume XLVII, Issue 4984, 8 February 1877, Page 3

MAGISTERIAL.

CHRISTCHURCH. Wbdnebdat, Feb. 7. (Before Q. L. Hellish, Esq., R.M., and W. H. Pilliet, Esq.) Disobeying an Oedbe on the Couet. —John Banfill was charged with having neglected for the space of thirteen weeks to obey an order of the Oonrt for the payment of 13s per week towards the support of hie wife and family. Accused, in defence, said that he had been harvesting, and had not received his money yet. His Worship said prisoner was evidently bent upon evading the order, which would not be allowed. He would have to pay £5 at once, or be sentenced to one month’s imprisonment with hard labour. Two Youthful Delinquents. —Andrew Jack and Edmund Mason, each about five years of age, were brought up for having wilfully set fire to a quantity of straw in a house belonging to Mr Anthony, near the North town belt. It appeared that the boys had taken a quantity of straw into the bouse, which was empty, and then set it on fire, the result being that the cottage had a narrow escape from total destruction. His Worship admonished the boys on the impropriety of their conduct, and then dismissed the case. Neglected Ohildeen.— William Joy, ten years, and Henry Joy, seven years of age, were brought up under “ The Neglected and Criminal Children’s Act.” Sergeant Coleman said he went to a bouse on Colombo road yesterday, and found the children there in a most neglected and filthy condition. There were no windows nor furniture in the house, which was in a disgracefully dirty state. By enquiries he ascertained that the children had been alone in the house since Thursday last, on which day their father went to the Hospital for treatment for a noxious disease. Ever since his wife’s death he bad been cohabiting with prostitutes, conducting himself generally in a disreputable manner, and completely neglecting his children. His Worship ordered the children to be sent to the Industrial school for five and seven years respectively, there to be brought up in the tenets of the Church of England. OoNSPiEiNG to Defeaud.— Agnes Brown and Ellen Stokes, two respectably attired females, were brought up on remand, charged with having conspired to defraud B. Cass out of certain goods. Mr Joynt appeared for the defence. Inspector Feast said there was a third person concerned in the affair who had not yet been arrested, and therefore he would ask for a further remand. Mr Joynt said he oould prove conclusively that the case was of a most trumpery character and without real foundation. His Worship said he understood that some of the property obtained from Mr Cass was found in the possession of the accused, Mr Joynt said this was not correct. The real truth was that a pair of boy’s tweed trousers had been found in their possession, and just because Mr Cass happened to have tweed of a similar character, he took it for granted that the piece from which the trousers were made was his property. The real cause of the present proceedings was that Mr Brown had given a cheque to Mr Cass which had not been met. Mrs Brown was residing with her friends at Kaiapoi and Mrs Stokes was the wife of a railway employb, and it was very hard that they should remain under a charge of this kind so long. He had hoped the case would have been proceeded with that day, but if such could not be done he would ask the Bench to admit his clients to bail. His Worship said he would accept the same recognizances as last week, and further adjourn the case for eight days. False Peetbnces. John Cleary and Hamilton Cooper were charged, on remand, with having obtained £1 19s 4sd from the City Council by means of false pretences. Mr Thomas appeared for the defence. Charles Hastings, who was called on the first day as. a witness, but appeared so much under the influence of liquor that he had to be stopped in the middle of his evidence was again called, J. O’Malley, Foreman of Works for the City Council, 0. Walkden, City Surveyor, and Henry Murray, Assistant Town Clerk, also gave evidence for the prosecution. From this it appeared that Hastings broke a heap of stones on tbe South town belt, which, on Jan. 13, measured Hi yards. Hastings was paid for the heap, which, according to the usual custom, was whitewashed to show that it had been paid for. At the time Hastings broke the heap of stones Oleary broke about two yards near at hand. On Jan. 20 the prisoners applied to have a heap measured and passed for payment. This was done, and subsequently the prisoners, who were in partnership, were paid for it, the measurement being 21 yards Subsequently it was found that the heap was on precisely the same spot as tbe one for which Hastings had been paid, and which had not been removed by the Council. Mr Thomas cross-examined the witnesses, with the view of showing that the whiting might have been washed off Hastings’ heap by the rain, and that other men who were stone-breaking in the vicinity might have token the stone from Hastings’ heap to their own. It was admitted that the whiting might have been washed off, and that other men might have taken Hastings’ stone at night, but the witnesses did not think this had been done. For the defence Mr Thomas called a witness, who proved that Cooper wos on the spree between Jan. 13 and 20, and therefore, even if Oleary had defrauded the Council, he (Cooper) was quite ig irant of it; therefore there was no cose against him. After some consideration, the Bench took this view of the ease, and the charge against Cooper was dismissed, Mr Thomas then addressed the Bench, arguing (bat tbe stone brr ten by Hastings might have been taken by othistonebreakers, and that Oleary in ignoram i of ithad broken another hosu of st-- - «•-■ bo site whore Hastings’ her-- rmei , The Bench considered ti - f , ed, and sentenced Oleary to c nrient with hard labour, LYl' Wednesi (Before W. 1 Lunacy fuom L.. *ning, who had been remande rarton for medical treatment, was r, -t up and discharged, having fully recoVi Vageanoy, —Thomas Oar arrested by Detective Smith, was charge' -i the above offence. The accused who w * >ved to have '

been loafing about the town for some time past, and had been convicted several times previously, was remanded for 48 hours to allow of his getting away from tho town. Obtaining Monet by False Pebtbnoes, —Phillip Oater Newington was brought up on remand charged with the above offence. J. S. D’Bmden, a clerk from the Union Bank, Christchurch, gave evidence to the effect that no letters or advices in favour of Phillip Oater Newington or Viscount Maidstone had been received by the Bank. Advioee from England as late as November last had been received in Christchurch. At the request of the accused the case was allowed to stand over until to-morrow to allow of his obtaining the services of a solicitor. A farther case for obtaining money and valuables from another passenger, Mr Hugh Hopper was also adjourned until next day. ASHBURTON. Tuesday, Eeb. 6. (Before H. T. Winter, Esq.) Deuneennbbs. —James Smith was fined 10s, Another inebriate was fined 40s for drunkenness and indecency. TIMARUI Monday, Feb. 6. (Before B. Woollcombe, Esq., R.M.) Dbuhk and Disobdbely and Using Obscene Language.— Andrew Stark, who admitted being drunk and using bad language, but denied being disorderly, was fined £2, or in default seven days’ imprisonment. _ Assault. —John Cook was charged with violently assaulting Henry Cook on Saturday last. Sergeant Routledge deposed that about 4i o’clock on Saturday prosecutor came to the police station with his face and head covered with blood and his clothes torn. Dr. MTatyre was sent for, and by his order prosecutor was sent to the Hospital. He then went to prisoner’s house and arrested him, prisoner denying the charge Henry Cook deposed that he, with his brother and . three others had been harvesting, and that there was a disputa about the settlement, in the coarse of which bis brother took off his coat to fight him, and bis brother’s wife struck him repeatedly on the bead and arm with a stick. He never struck either of them. Dr M’lntyre testified to the wounded condition of prosecutor soon after the assault, and thought he was now out ef danger, but would not say positively. The case was adjourned. Tuesday, Fsb. 6. (Before B. Woollcombe Esq., R.M.) Assaults. —John and Mary Cook, on remand, charged with a violent assault on Henry Cook, were fined £2, or 14 days’ imprisonment. —Breen v O’Rourke; Mr Hamersley for complainant, Mr White for defendant, John Breen said that on Jan. 25 last, after knocking off work, defendant and he went to their tent together. Defendant wished to pull the tent down, but complainant refused to allow him, and the former struck or pushed him, and used threatening language. John Fitzgerald, called for the defence, said he saw the assault; the defendant did not strike him but pushed him away with bis hands. Defendant stated that he did not assault defendant, or knock him down, but merely pushed him away. Mr White pointed out to the Bench that the alleged assault was at most but a trifling one. His Worship dismissed the case, each party to pay their own costs. Obbteuoting the Rail-way.— John Anderson and John Passmore were charged with obstructing the railway line. Mr Hamersley appeared for defendants. John Lillie, engine driver, stated that on the 13th of last month he left Timaru with the 715 a.m. train from Timaru to Ashburton. Going out of the cutting near Mr Perry’s he saw a horse and cart crossing the line. The horse jibbed and would not move. He blew the whistle, when he found the horse would not move, for the guard to put the brake on. A cylinder cock was broken, and the train had to return to Timaru. The horse was afterwards shot. On the application of Inspector Pender, the case was adjourned for one week, the constable who was present at the time being ill.—Peter Eippenberger was charged with allowing one horse to wander at large on the railway line, near Washdyke. Mr White appeared for defendant. Constable Wheatly stated that he found the horse wandering on the railway line between the Levels and Washdyke. The platelayer inf ormedbim that the horse belonged to defendant. When witness served the summons defendant stated that he had sold the horse. S. Stephens, saddler, Washdyke, deposed that defendant offered him an old horse in exchange for some harness, and that afterwards, finding the horse was no good, be returned it. The case was dismissed, each party paying their own costs. Tobtueing a Hobsb. —Thomas Lester was charged with illtreating a horse. Owing to the absence of an important witness this ease was adjourned for one hour. On resuming, His Worship dismissed the case for want of sufficient evidence. Civil Case.— Turnbull v Graham; claim, £3 6s lid, goods sold. No appearance. Judgment for plaintiff.