MAGISTERIAL.

Lyttelton Times, Volume LI, Issue 5585, 18 January 1879, Page 7

MAGISTERIAL.

CHRISTCHURCH. Friday, Jan. 17. (Before G. L. Hellish, Esq., E.M., C. Whitefoord, Esq., E.M., and J. T. Brown, Esq.) DRUNKENNESS. —William Hutton, arrested for drunkenness, and vho was still suffering from its effects, was remanded for medical treatment until Jan. 25. —Michael Golding was fined 10s. A Young Scamp. —James Trestrain, a young lad about 15 jcars of age, was charged under the Vagrant Act with being an idle and disorderly person. The mother of the boj told the Bench that she could not keep him at home at night time, and from the state of his clothes she saw that ho slept in hedges. Some new clothes and blankets which she bought for him he planted in a hay-stack, and would not stay in a situation when she got him one. All his employers gave him a very bad character, and the language ho was in the habit of using was disgusting. When he came home after being away for several days, if the door happened to bo locked he would break it open. A few mornings ago he took up an axe and broke a grate and tbc tap off the artesian well. When she spoke to him of his conduct he used most horrible language to her. A neighbour of Mrs Trestrams corroborated her statement as to the boy’s conduct. The Bench ordered the boy to be sent to the Industrial School for 12 months, to be brought up in the teaching of the Church of England. Hackney Carriage By-Law. John Brown was summoned for standing for passenger* on Park Terrace on Dec. 16, and also for using obscene language to Constable M'Devitt. From the evidence of the Constable it was shown that defendant was obstructing the Terrace in front of the College gate on the date mentioned. When witness requested him to more away, ho did so, but returned again. On being spoken to again he used very obscene language. In defence, | Brown stated that the constable took hold of his mare’s head, and she nearly backed into the river, as that was the first day she had been placed in harness. This was denied by the constable, whose evidence was corroborated by a person who was present at the time. Fined IQs for the first offence, and 20s for using obscene language. G. D. Etherington, for driving without having a driver’s license, was fined 10s. City By-Laws. —For driving across a footpath, B. Kingan was fined 10s. Hamilton Bright, for tethering a horse in Cashel street, was fined 10s ; and P, W. Foley, for obstructing the East town belt with a horse, was also lined 10s. _ Horses and Cattle at Large.— ror permitting horses end cattle to wander at large, tlie following persons were each flood 5s and 2s costs :—f. Marker, W. William** B. Bingham, Ellen Dunn, Findlay Bom, JJudge, J. Barnett. _. ..... Bathing in a Public Place.— Six little boys were charged with bathing in Magmy park during prohibited hours. His Worship said that no doubt the boys liked to have a bathe, and it was exceedingly desirable there should be a place where they could ba regularly. He had spoken of this before. However, people must he enabled to get up and down the river without b g annoyed by bathers. This annoyance, thought, might bo obviated by mating a channel which would leave the batlung-pjaco free. This suggestion had occurred to him the previous night, and he had . # P°hen of to others, and” he would eertainlj «eo Mr Harman, Chairman of the Domain Boaxa, , the matter. Addressing the boys, his Wot-

■hip said they would understand for t|io future that they must not bathe in the park after 8 o'clock in tho morning. Breach of Pontto-iioufla Ordinance.— J. Oram Sheppard of tho White Hart hotel, was charged with keeping the bar of his licensed house open on Dec, 29, and also with permitting gambling therein. Sergeant •Wilson stated tliat at ten minutes past four o'clock on the morning of Doc. 29, he went ih to defendant’s hotel and found two constables in the passage, and eleven men inside. The bar was open, and the barman was behind serving. Some of tho men wore throwing dice, and there was silver on the counter. Mr Sheppard was not in tho bar. Mr Neck appeared for the defendant, and admitted tho offence. On the evening of Deo. 29 Mr Sheppard had to leave home to attend to Mrs Sheppard, who was away and had been taken ill. Before leaving ho had given strict instructions to his barman to close tho house at the proper hour, and his instructions had been disobeyed. Though Mr Sheppard was responsible for the act of his servant, he (Mr Neck) would ask the Bench to inflict as low a penalty as possible under the circumstances. Fined £5 for the first offence, and 40s for tho second. In reply to his Worship, Inspector Hickson said that (he two constables who had been found by the Sergeant in tho house had been severely punished.

Unstamped Receipt.— Benjamin Button admitted having given an unstamped receipt, and was fined 20s. Fraudulent Insolvency.— James Bassingthwnite, of Bangiora, was charged on warrant with the above offence. Mr Joynt, instructed by Messrs Wynn Williams and Deacon, solicitors for the trustee, appeared to Srosecute, and Mr J. B. Gresson for the efence. Mr Gresson said he had been instructed to apply for an adjournment for a week, as he was led to believe that during that time some important evidence on behalf of his client would bo forthcoming. He understood that tho prosecution did not object to the adjournment. Mr Joynt said he had no objection, bat would ask for heavy bail. He did so on the ground that of the £2300 which Bassingthwaite said ho bad lost, only about two-fifths of tho amount had been yet found, and were the accused at liberty the probability of finding the balance might be very much lessened. Not only would he ask that the boil should be heaty, but also that the sureties might bo required to certify. His Worship granted bail, accused in £IOOO, and two sureties in £SOO each, and remanded the case until Wednesday next. ' LYTTELTON. Friday, Jan. 17. (Before W. Donald, Esq., H. E. Webb, Esq., and H. AUwright, Esq., JJP.’s.) Lunacy from Drink.— Archibald Lamond, on remand from Ashburton, was discharged from custody, having recovered from the effects of his drinking bout. Eefusal of Duty.— John Williams, a seaman on board the barquentine Ebenezer, was charged by Captain Milne with this offence. Captain Milne stated that he told accused to scrape down the topmast, when he said he could not; that it was too hard work. He also told accused to take an oar and help to pull tho boat ashore, which he refused. Accused’s conduct on the passage had been very indifferent. Accused arid be was sick and could not do what he was ordered. Mr H. N. Nalder, who appeared for Captain Milne, stated that he w*s instructed to press the charge. The Bench sentenced accused to seven days’ hard labour, and ordered him to pay 21s, solicitor’s fee. Desertion.— John Trot, on remand, va< brought before the Court charged with deserting from the barque Examiner on Dec. 18. Mr Nalder appeared in support of the charge, and Mr Joyce for the accused. Captain Scoular repeated tho evidence given by him on Tuesday last. A charge of assault laid by Trot against Captain Scoular was taken with the case. Cross-examined by Mr Joyce: Accused went ashore and got a medical certificate from Dr Bouse a day or two before he deserted the ship. The certificate stated that accused bad salt water boils, on his legs, and was not fit to go to sea. On the same day that accused gave me the certificate I took him to see Dr Bennett, who said he was able to go to sea. I did not strike or assault accused in any way, nor did 1 chase him overboard. I said I would make it a caution to him for the trouble he had given me. I ordered accused into one of the rooms aft on deck. I was annoyed by accused’s conduct, and was excited at the time, as I bad to man the windlass myself, and assist in heaving up the anchor. By Mr Joyce: I have not made any entries in the official log of tho circumstances. By Mr Nalder: Dr Bennett told me that accused’s leg was getting well fast, and he was fit to go to sea. A seaman on board stated that the captain when he came aboard ordered the hands to man the windlass, and told accused to do the same. Accused made to go below, when the captain caught hold of him by the shirt, and tore it. He then took hold of his hair, and struck him three times, after which ho chased him round the deck several times. The accused appeared to be in terror of the captain, and came up on the forecastle, when ho said he would not stop on board to be knocked about. He then said “ Good bye,” and jumped overboard and swam to the Huranui. The mate asked the captain to lower a boat to pick accused up, which was refused. The captain afterwards told the second mate to throw a line overboard. Hansen, the cook aboard, said he saw mrt of the affair. They were short handed. iVhilo getting up the anchor some of the men were below drunk. The captain was assisting to heave the anchor up. The mate was also called, who stated that he did not see much of the affair. When he saw accused overboard he asked the captain to lower a boat, when the captain refused, saying, “ Let him swim.” John Trot, the accused, stated that he joined the ship in Sydney, and on arriving in port was suffering from salt water boils, ana had a very bad leg. The Captain sent him to a chemist’s shop to get his leg dressed. The day before he J umped overboard he went to Dr Bouse, who gave him a certificate, which stated that he was unfit to go to sea. The captain afterwards took him to see Dr Bennett, and after talking with tho captain, tho doctor said that ho (accused) could go to sea, but would not be able to go aloft, and must rest his leg. On the day in question the captain assaulted him on board tho ship because he would not assist in manning the windlass. He jumped overboard, as he was afraid of his life. The captain liad told him that ho would only want him to do light work, when ho knew his leg was bad. When the captain told him toman the windlass he said he could not, as he had been taking medicine,—Captain Scoular, on being recalled, stated that accused said ho would not assist in getting up tho anchor when be told him to do so. Our boats wore lashed on tho main hatch when accused jumped overboard. I told tho mate to throw plenty of line overboard, and if accused came back to the ship wo would pick him up. The Bench considered that accused certainly did desert from tho ship, but thought that there were extenuating circumstances and dismissed the charge against Trot. They considered tliat the charge of assault against the captain had been proved, and ordered him to pay a fine of 20s, solicitor's fee 21s, and costs ss.

Breach of the Public-house Ordinance. —Vincent Belgrave, licensee of the Lyttelton Hotel, was charged with supplying liquor to other than travellers or lodgers on Sunday last. Mr H. N. Naldor appeared for the defendant. Samuel Petersen, a foreigner, who gave his evidence in a very unintelligible manner, said ; I am carpenter on board the Corinna. 1 was looked up on Sunday for drunkenness. I do not know the Lyttelton Hotel. I cannot road English. I know Mr Belgrave by sight. Tho sailmakcr of the ship and myself went into lus house on Mondiy night. 1 do not remember being inside his house before. I do not remember being in liis house on Sunday morning. I was in two houses on Sunday, but don’t know which they were. The sailmaker and myself went into a room in a bouse where there was a table that games are played on, but I do not know whether it was Mr Belgrave’s. Sergeant Major O’Grady asked witness if it was a billiard-table, and he said it was.) I know where Mr Belgrave’s house is, but do not know whether 1 was there on Sunday. I was there

twice on Monday. A witness named Burn* was called, and not answering, a warrant was issued for Ids arrest. The ease was adjourned until Saturday. A similar case against Patrick O’Brien, licensee of the Umpire Hotel, was also adjourned until Saturday. Omt Casks.— West v. Wills, master of the s.s. Tut, claim £7 for wages, Mr Bidder for plaintiff, Mr Joyce for defendants judgment for plaintiff for £3 Id* with solicitors fee and costs.

ASHBURTON. Friday, Jan. 17. (Before A. Lo Q. Campbell, R.M.) Cattle Tbkspasb.— R. B. Jeff was charged with having throe cows straying qn the road and railway near Tinwald. Fined 8* each and costs 2s. Hurley, for having one head at same time and place, was fined 3s and costs. H. F. Bailey, for allowing two head of cattle to stray, 8s each and costs. Famous Riding —John Smart, for riding furiously through East street on Boxing Day, was fined 6s and costs. Edwin M'Greon, for the same offence, was fined 61 and 6s cost*.

Larceny phom a Dwelling.— George Johnstone, on remand from last Court day, was again brought up on this charge. Mr Ireland appeared for the accused. John Robinson Steel sworn, said he remembered purchasing tho property, which formerly belonged to the accused, from Messrs Bullock and Co. The section was No. 165 in Burnett street. There was a house, &c., on the section, and the same were subsequently sold, by transfer, through Bullock and Co., to Mr Mossman, the prosecutor in this action. Ho could not swear to there being a register stove in the house he bought, nor could he recognise the stove, &0., outside the Court as belonging to the house. John Gilchrist said he was asaddler, residing in Ashburton. He knew the accused, as he bad lived for some time in the same house. He had been in the front room on several occasions, but could not swear to there being any stove or grate in the room. There was a fireplace. He could not swear that he bad seen the things outside the Court in the rooms of the accused. By Sergeant Felton: There was a clock in the room, but could not swear whether it was on a mantel-piece or side-table. Sergeant Felton said he must ask leave to withdraw this ease, tho larceny of a stove, as the evidence os to proof of ownership was not clear, and insufficient. Hia Worship said he must dismiss the cose on the grounds stated. The accused was then further charged with having taken a copper boiler, belonpng to the same prosecutor as in the former case. Edwin Mossman, sworn, said he purchased section 165 in Burnett street from Bullock and Co. In the Seculars of the sale there was mentioned a er as fixed in brickwork on the premises. He wrote to tho accused and cautioned him not to remove it, as it was one of the articles belonging to him (witness). He bought the premises about three weeks before be took possession of them, and the boiler was there on the day previous to taking possession. The boiler taken by the police was then produced, but as it turned out to be a galvanised iron one, Mr Ireland asked his Worship to at once dismiss all the charges against the accused, and especially in this cose, as the information was laid for a copper boiler. His Worship dismissed all the cases against accused. Mr Ireland applied for costs from the prosecutor, as the cases had entirely broken down, and had evidently been got up for some spite or other. His Worship held that the whole case was a civil one. Costs to all witnesses and solicitor’s fees amounting to £7 6s, were allowed. Sergeant Felton asked that the goods taken by the police, which were outside the Court, might be held by them, as no proof of ownership had been made excepting by the accused, who was lately a bankrupt. His Worship ordered the things to be kept in custody of the police pending inquiries relative to the bankrupt’s estate.

Civil Oases. —Bullock and Co. v. Compton. Settled.—Lancaster v. Langford. Mr Branson, who appeared for defendant, said the case must be withdrawn, as the summons contained no description, and it might mean any person of the name of Langford. Case adjourned.— E. George v. H. J. Bristo. Case adjourned until Jan. 24. —Hessoy r. Young, claim £1 15s; Mr Ireland for plaintiff, Mr Branson for defendant. This was a claim for the value of some wheelbarrow wheels made by the plaintiff, who is a founder, to the order of the defendant. The evidence taken showed that the account had been settled previously by a cross action, heard at a former sitting of the Court, and the claim had been pub in as a set off in the case and allowed. Plaintiff nonsuited with costs.—Baker and Brown v. M‘Rie j claim £l3; Mr Ireland for plaintiff, Mr Branson for defendant. Defendant had paid £7 13s into Court. The claim was made for balance remaining unpaid for some extra work done to a handsome cab, but which was disputed, owing to certain extras not being supplied to complete the cab as per agreement. After a lengthy hearing judgment was given for the amount paid into Court and costs.—Friedlander v. Smith, £SO 4s Id; judgment for plaintiff by consent.—Same v. same, claim £Bl 3s 6d; judgment for plaintiff by consent. The Court tnen adjourned until to-morrow.