MAGISTERIAL.

Lyttelton Times, Volume L, Issue 5558, 14 December 1878, Page 3

MAGISTERIAL.

, CHEISTCH DECH. Tuesday, Dec. 3, (Before G. L. Hellish, Esq., E.M.) Civil Cases.—Johnston and Co. v. T. O. Ashwin and T. Scare!!, claim £3 lls 6d ; judgment for plaintiff by default, and costs 14s.—■ T, Doyle v. J. S. Hawley, amount claimed £4 10s; judgment for plaintiff for amount claimed, costs 14s, and witness' 3s—Heathcote Eoad Board v. T. Poole, claim £2 6s ; judgment by default for £2 ss, and costs 9s.— J 3. Button v. A. Matthews, claim £l4 7s j judgment for plaintiff for £5 7s, and costs 19s,

Wednesday, Deo. 4, Civil Cases.—W. Hoberts, jun., v. D. Griffiths, claim £IOO ; judgment for defendant for costs £3 19s, and solicitor’s fee £3 3s j Mr Thomas for plaintiff, Mr Slater for defendant.—E. Low v. E. Day, claim £2B Os 9d, amount tendered 18s, and costs £18s; judgment for plaintiff for amount. tendered, and costs 40s ; Mr O’Neill for plaintiff, ahd Mr Thomas for defendant.—o. Dunford v. G. Latham, claim £25 ; judgment by default, and costs 25s.—A. Dunbar v. M. Murphy, claim £62 3s 6d j judgment for plaintiff; solicitor’s fee £3 3s, and costs 375. Wednesday, Dec. 11. (Before G. L. Hellish, Esq., E.M.) Dkunkenness.—Margaret Dempsey, who had only recently completed a term of imprisonment, was cautioned and fined ss, with cost of cab.—A first offender was fined ss, and cost of cab Is.

Thdbsday, Deo. 12. (Before G. L. Hellish, Esq., E.M.) Bebacii of Building By-Law—Enoch West was summoned for having, on Dec. 4, proceeded with the erection of a building in Hereford street without having previously paid the required fee. Dr Poster appeared on behalf of the City Council. He stated that he understood • tho; fee : had been paid since the issue of the summons,' but he would be obliged to press for a penalty, as there had been a repudiation of the claim of the Council. The City Surveyor deposed that Mr West was erecting a brick building on account of Messrs Ford and Co., and that the fee bad not been paid prior to the issue of the summons. Mr Dodd, assistant to Mr Walkden, deposed that he had a conversation with Mr West, who objected to pay the fee and told him to get the amount from the architect, to whom, however, witness had previously applied. Dr Foster quoted the clause of the by-law relative to the payment of fees, and recalled Mr Walkden, who said that in this case the fee was 40s. [This had-been paid into Court.] Dr Foster pressed for a penalty, with the allowance of counsel’s fee, upon the ground that it was important to ensure compliance with the provisions of the by-law. Fined 40s, Court costs 6s 6d, and solicitor’s fee. Civil Cases.—M. Murphy v. H. E. Edwards, claim £4; judgment for plaintiff for £4, and costs 9s, to be paid at rate of 10s per fortnight.—G. H. Morley v. J. Smithers, claim £8 19s 4d; judgment for plaintiff, and costs 13s. —P. J. Hill v. J. Mooar, claim £4 4s; judgment for plaintiff for £2 15s 6d, and costs 19s.—A. Haughey v. A. Eountree, claim £2 15s; judgment by default, and costs 9s.— J. G. Hamilton v. F. Harris, claim £5 18s: judgment for plaintiff for 20s, and costs 13s.—W. Stevenson v. A. Brigbtman, claim £1; judgment for plaintiff for £l, and costs 9s. —W. Paddy v. J. Beattie, claim £5 17s 3d; judgment for plaintiff for £5 17s 3d, and costs 13s, to be paid half on or before Deo. 21, balance iu a fortnight from that date.—W. A. Crooks v. E. Eussell, claim 4s ; judgment for defendant, and costs 9s.—Same v. E. Fine, claim 18s 6d‘; judgment for 7s 6d, and costs 9s.—Same v. G. Osborne, claim £1 16s; judgment for plaintiff for £llos, and costs 9s.

Fm day, Dec. 13. (Before G. L. Mellish, Esq., R.M.)

Cattle Trespass. MTey Baird was fined ss.

Assaults. —Deborah Hughes was charged with having assaulted Maria M'Callum. Case dismissed. By a cross summons Maria M'Callum and George Fulford were charged with having assaulted Deborah Hughes. M'Callum was fined 10s, and the case against Fulford was dismissed.—Wm. Blackman was charged with having assaulted G. A. Fulford, and the matter was adjourned to Dec. 14.

Married Woman’s Property Protection Act. —A case under this Act, in which James Wilson was summoned by his wife, Jane Wilson, was adjourned to Dec. 27. —A case between Louisa and Wm. Bartlett was adjourned sine die. Drunkenness.—Margaret Buchanan was fined 60s.

Breach of the Peace.—Henry Smith, for committing a breach of the peace in view of a constable, was fined 20s. Indecent Exposure.—James Neval, on remand, was charged with wilful and obscene exposure. There were two cases against him, and in both the evidence was very conclusive. He was sentenced to 12 months’ imprisonment with hard labour in each case, making two yearsin all. Perjury.—William Bartlett was charged with perjury, and was remanded until the following day. LYTTELTON. Thursday, Dec 12.

(Before W. Donald, Esq., 8.M., and T. H. Potts, Esq.)

Larceny in a Dwelling. A Lascar named Abdool, who has lately been a cook at the Lyttelton Hotel, was brought up charged with larceny of £ll, the money of Captain Lovelock, who was staying at the hotel. From the evidence given, it appeared that the prosecutor had gone into the hotel on Friday night last and taken a bed. Before retiring he had the money all right. Upon getting up next morning he missed the money, which consisted of £1 notes of theßank of Australasia. On the Monday following the landlord of the hotel changed two notes for the accused on the same bank as those lost by prosecutor, which aroused his suspicion, and as accused had stated that he had given some money to a baker named Eicketts. The money found in possession of Eicketts, which he stated he received from accused, corresponding with that lost by prosecutor, accused was committed for trial at the next session of the Supreme Court. Civil Case.—Fletcher v.Learmouth, claim £3O ;Mr H. N. Holder for plaintiff; Mr M'Connell for defendant. Tnis was an action to recover - amount for damages sustained through a billiard table not being complete as represented by defendant. Judgment for £25 ; costs iof Court £ll6s; Solicitor’s fee, £3 3s j witness, 10s, Friday, Dec. 13.

(Before W. Donald, Esq., E.M., E.H. Webb, and T. H. Potts, Esqs.) Cheating a Disturbance.—An inebriate pleaded guilty to creating a disturbance at the Court on Thursday, and was ordered to pay 10s. Threatening Maoris.—The Court was crowded with Native witnesses and friends of some Maori females who had been guilty of using offensive language to one of their sex. The Kev Mr Stack officiated as interpreter, but-the case was too trifling to hold defendants to answer, and they were accordingly discharged with a caution.

AMBBELEY. Wednesday, Deo. 11. (Before M. Morris, Esq.) Lunacy prom Drink.—Edgar Davis was remanded for eight days.

LEK3TON. Tuesday, Pec. 10. (Before Dr. Donald, E.M., and E. B. Willis,

Esq.) Doo Nuisance.—Eobert Harper and Henry Young were each fined 20s for being tho owners of one unregistered dog above the ago of three months. : Breach op the Peace.—Eobert Moule was fined 10s for fighting on Nov. 14.—Henry Young was fined 20s for fighting on tho same date.

Cattle Trespass.— Jauics Moore was fined 10s, William Matthews 10s, John Skilling 20s. E. Griffiths, on the information I of Mr Lunn, for keeping a horse tethered on a public road, was fined 20s, costs 7s. Breach op Public Works Act.—Albert Langdan was charged on the information of the railway ganger with trespassing on the Southbridge railway, and fined 10s. Trespass.—John Mansan was charged by Edward Davis with trespassing on his land. Complainant stated that the defendant was

repeatedly crossing Lis section against his wish. Fined 10s, costs 7s 6d. Insulting Language.—John Patterson was charged, on the information of Robert Edgeworth, on three counts, with using insulting language towards him in a public thoroughfare. Mr Holmes appeared for the complainant. Defendant was ordered to find sureties to keep the peace for twelve months, hunsclf m £SO, and two sureties in £25 each, and pay costs £2 5s 4d, and solicitor’s fee £5 ss, or in default one month’s imprisonment. Xho suneties were given. Civil Cases.—W. Montgomery and Co. v. James Woods, senr., claim £l4 Os 3d; judgment dy default, costs 20s.—Roberts and Co. y. Patrick M'Evcady, claim £1 11s lOd: judgment £1 7s Id, costs 14s.—Roberts and to. v. James Johnston, claim £2 9s 6d : adlourned to Southbridge.-Roberts and Co. v. v £2 8s 4d • judgment by default £2 2s Bd, costs 9s.—Roberts and Co. v Henry Thorne, claim £llßs 2d ; judgment for claim £1 15s Bd, and costs 10s.—W. Foley y. 0, Bowen, claim £2B 3s 2d, adjourned from Nov. 26 j £23 15s paid into Court; judgment for amount paid into court, and costs 14s,—L. V. Desborough v. Brown, claim £2B, amount of dishonoured acceptancejudgment by default, cost 255. ’ MALVERN. Thubsday, Dec. 12. (Before Caleb Whitefoord, Esq., R.M ~ James A. M'llraith, and H. J. Math ias, Esqs.) Civil Cases.—J. Dunn y. Powell and Lamport, claim £8 2s; paid into Court £2 8s 5d j judgment for £3 3a Id, without costs.—J. Wakelin v. Same, claim £8 13s 3d; paid into Court £2 18s 4d; judgment for £3 13s, without costs.-—John Jebson v. W. Waddington, claim £2 8s 6d; paid into Court £1 4s. Defendant objected to pay the remainder, as the bricks were worthless. He produced a sample, and offered to allow plaintiff to throw them at his (defendant’s) head. Judgment for amount, and costs 9s. ASHBURTON. Friday, Dec. 13. (Before A. Le G. Campbell, Esq., R.M.) Extension or License. —-An application was made for an extension of license on the occasion of a supper at the Tinwall Hotel. Granted. Drunkenness.—E. H, Clements for this offence was dismissed ( with , a caution.— Rosannah Hill, for being drunk in a railway carriage, and using obscene language, was fined £loj or in default two months’ imprisonment.

Larceny.—John Forbes was brought up charged with stealing a coat valued at £5 ss, tho property of one J. Fitzgerald, a waiter recently in the employment of Mr Quill, at the Commercial Hotel. The prosecutor said he had slept at the Royal Hotel for some time previous to Dee. 4, on which date he had given his bedroom up to the prisoner. He had left his coat in the bedroom with other articles of clothing. The next time he saw the coat was in the Somerset Hotel, and he had no difficulty in identifying it, W. Power said he recognised the- prisoner as the man who had occupied No. 3 bedroom at the Royal Hotel. Joseph Shearman, barman at the Somerset Hotel, said the prisoner came to him on Dec. 4, about 10 o’clock in the evening wanting to borrow 30s. Witness advised prisoner to go-to some one else who knew him better. He had the coat with him. Witness afterwards promised to give him the money in the morning, and gave the money to the night porter to hand to prisoner. When he came down’ in the morning he saw the coat (produced), which prisoner had left until his return. Christian George, a night porter, corroborated the evidence of tho last witness, but would not swear as to the occurrence in the bar of the hotel relative to the 30s, being on a Thursday; neither could he swear positively that prisoner was the man who gave him the coat. T. Quill, landlord of the Commercial Hotel, said prisoner had been in his employment about a week. He did not know anything against his previous character. His Worship said as there was a doubt about the identity of the prisoner by the witnesses, he would give prisoner the benefit of the doubt. The case was dismissed. Trespass on the Railway. William Doherty, who was charged with trespassing on the railway, and did not appear, was fined 20s, and his Worship ordered a distress warrant to issue for recovery of amount.

Breach of the Police Ordinance.— Richard Bolton was charged with leaving the dead carcase of a bullock unburied. Accused said he could not get at the carcase, owing to water lying all round and over it. Fined 10s and costs. Breach of the Stamp Act.—Alfred Harris was charged with having signed a receipt for an account over £2 without having affixed a stamp. Spencer Stevens said he had paid accused a sum of money, and he had left a receipt unstamped on the counter of his shop. He called the attention of the accused to the receipt being unstamped, and he refused to stamp it. Sergeant Felton said the case had been brought by instructions from the Government. Fined 10s and costs.

Sly Grog Selling.—George Trickett was charged with having sold some beer in his house in East street without a license. W. T. Nayden, plasterer, went into the house of accused on Dec. 2 last, in company with some others. They asked for some beer, and had several glasses. On Trickett’s asking for payment, Skillen, one of their number, paid him 2s for the beer. It was on a Sunday. They drank the beer in the kitchen. By Mr Bransen : They did not give information to the police. W. Arthur said he went with several others on Sunday evening, about nine o’clock, to get some beer, as a christening was on. Skillen asked for the beer, and accused put a jug on the table and poured it out. Heard no money asked for, ana did not see any paid away. Skillen, another witness, said he was too drunk on the Sunday in question to remember whether he paid for any drinks or not. Arthur, another witness, who was present at the time, said Skillen was not so drunk as to bo unable to remember anything of what took.place. Jacob Cantor said he was also present at Trickett’s on Sunday evening. They had some beer, but did not see any money paid for it. His Worship said the evidence was most unsatisfactory. He would send the witness Skillen to gaol for a week for contempt of Court. The case would be adjourned until next Court day for further evidence.

Assault. —Sarah Slade was charged with assaulting George Martin, by striking him on the head with a stone. Mr Branson appeared for the complainant. G. J. Martin said that on Thursday last he went to speak to the husband of the accused, and when speaking to him the accused struck him from behind with a stone. He had to get a doctor and have his wound dressed. Confirmatory evidence was given, and his Worship said it was rather a serious case. He would fine accused £5 and costs amounting to £3 14s 6d, and order accused to be bound over to keep the peace for six months, herself in £lO and two sureties in £5 each. The accused said she would not pay the fine. Civil Cases. —Kimer v. M'Keig. This was a claim for damages arising from the detention of certain books and documents. Mr Branson appeared for defendant, Mr Neck for plaintiff. The case was partly heard at the sitting of the last Court-day, owing to the Magistrate having to leave for Temuka early in the day. A strong argument occurred between counsel for plaintiff and defendant.' His Worship, after a lengthy hearing, gave judgment for £2O as damages, the books to bo delivered up at once. The set off would not be allowed. Solicitor’s fees allowed £3 3s. —Stanley v. Findlay. Claim, £3 8s 2d. Mr Ireland for plaintiff and Mr Branson for defendant. This was a claim for nursing, &o. After a lengthy hearing and hard swearing on both sides, His Worship gave judgment for defendant. —Kobinson v. Sands. Claim £lB, on an overdue promissory note. Judgment for plaintiff with costs —Quill v. Wilkie. Claim £2O. Mr Branson for plaintiff, Mr Crisp for defendant. This was a claim for a dinner 3 lied by the plaintiff to the order of deint, for the Ashburton Pacing Club. Thomas Quill, said ho was proprietor of the Commercial Hotel. He agreed to supply a dinner for 40 persons at 10s per head, w'hich was guaranteed by the defendant. An agreement which was signed at the time, but was unstamped, was here put in, but was objected to by Mr Crisp.