MAGISTERIAL.

Lyttelton Times, Volume LI, Issue 5589, 23 January 1879, Page 6

MAGISTERIAL.

CHEISTCHUKCH. Wednesday, Jan. 22.

(Before C. Whitefoord, Esq., R.M.) Obscene Language.— Frank Kearney was charged with using obscene language'in a public street on the previous day. The e\ idence showed that he was roused up by Sergeant Seek, at 11 o’clock in the morning, from the reserve in Cathedral square, where he was sleeping. Accused, having been locked up for 24 hours, was dismissed. Teansfbe of License. Alfred Stening applied for a transfer of the license of the Junction. Hotel from Eliza King to himself. The matter was held over to give Inspector Hickson an opportunity of making some inquiries. Thheatening to Take Life.— Charles Hanson was charged with having threatened to take the life of his wife, Elizabeth. Hanson, on Jan. 19, at Hazledean road. The wife therefore prayed that her husband might be required to find sureties to keep the peace towards her. Mr Joyce appeared for the complainant, and Mr Neck for the defendant. In the statement made by complainant, it was alleged that the accused had been guilty of improper conduct towards her sister-in-law. In cross-examination, Mr Neck endeavoured to show that accused had not threatened to “choke” his wife, but to “ chuck ” her into bed. His Worship having questioned the complainant as to certain occurrences which had occurred, she declined to return to her husband, being in danger of her life. Mr Neck then put the accused into the box, describing him as the most harmless man that ever existed, and he denied that he had ever struck or threatened his wife. Ordered to be bound over in the sum of £25, in his own recognizance, to keep the peace towards his wife for 12 months. Mr Joyce applied that the solicitor’s fee should be allowed, but his Worship made an order for costs of the Court only.

Failing to Pbotide. —Charles Flockton, who did not appear, was charged with failing to provide his wife with adequate means of support. A witness described the destitute condition of the wife, who was lying ill. with the bailiffs in the house, and his \Forship issued a warrant for the arrest of the accused.

Fbadddlent Bankruptcy. —James B.issingthwaite, on remand, was charged on the information of R. W. Wood with fraudulent bankruptcy, in having concealed property to the value of £lO or more. Mr Joynt appeared for the prosecution on behalf of the trustee in the estate (Thomas Hindmarsh Kerr), and Mr Gresson tor the defence. Mr Joynt said the information was laid under section 4 of “ The Fraudulent Debtors’ Act, 1878," sub-sections 1,2, 4,6, and 13. He produced the Gazette notice of Mr Kerr as trustee, appearing in the Lyttelton Times of Jan. 7, 1879, and he would now call the Registrar of the Supreme Court. F. de CMalot produced the papers in Bassingthwaite’s estate, the declaration of insolvency being dated and filed Dec. 23,1878. He produced a statement of the assets and liabilities of the debtor, filed on Jan. 3, 1879. He also produced the minute book, showing the meeting of creditors and appointment ot trustee, and Mr Thomas Hindmarsh Kerr s acceptance of office, on Jan. 3, 1879. Mr John Inglis appeared therefrom to have been chairman of the meeting. (Mr Malet’s evidence was read over to him, to admit of his retiring)/ John Inglis deposed that ho was a proved creditor, and attended the meeting at the Supreme Court on January 3, presiding as chairman. The defendant was there, certain questions being asked of him. The questions and replies were reduced to writing, a lll * signed by witness. (Paper produced and B a3 ‘ singthwaite’s signature identified.) The papff was read over by the Clerk of the Court, and showed inter alia that the accused gave tt* amount of notes in his possession at £2499, molosed in a pocket book. The settlement on the wife was not vested in trustees. Never saw the notes until a few days before h® went to Dunedin. Sold a gold watch m Dunedin, but did not know to whom; he was a middle-sized man, dressed in tweed. Cou not say at what price he sold his stock, bn mentioned some of the sales. Did not p®J a certain bill, because he wanted to save much money as he could for the Dunedin ■peo. His wife was to mortgage the proper J to secure the payment of 6s in the £)• ness resumed; The statements were not made on oath. Thomas Hindmarsh Kerr deposed that he was the trustee appointed * «« “» fc s® p .and that he had accepted w o£a °«- Bad wen the filed statement

I -$ I H“i r, ' lVl ‘‘Lduled (schedule read), and ■ effects a 5 ' ,[ t ] ie moveable property. ■* I i al „i, about £340 was realised. I d« #,T . f of vahic of thc two sections of I nnd tne b r , ,‘ l C!U .h. There would not b % 9 ‘l her property, apparently belong ! krupf had reached the bancs in? tot,u i.c. i receim i from Inspector of J' ltne> Ai.i odd, a silver watch, a gold H«* w ” T-viier watch-chain with a com I chain ,’ ,5 and a nocket-book containing two I ftttacliid. ai 1 - Those sums t "hobaU. Slad heard no witness «■ Bassingthwailo about money, i he noting of creditors, when ho said 1 MT I t about l“2100. Accused said—on f 'lt,' i -f erf,.or. on J„n. 3 the day 1 , in Dunedin, m November, 1' S; «*» in In. ! h . e ,- 0 ; k , that lie was at the races : P ■ ,i u . dav. and at the theatre at had lost the money, lie said he foO notes, and that some of thc • hi;i ,h e proceeds of the sale of cattle f tn° n S Vif hy Messrs Ford, and Messrs ! 011 ‘ u ‘ s {c o His wife, he said, had the I of the' money before he went to ! (The gazette notice of Bas- [ was hero handed in.) ! walled. said that accused made a I ,‘-'A "relative to the £2400 prior to the [ , - b-nc taken, on the same day, and also , i ?Vt< before the meeting of creditors at i ne Court. He said genemUy I the'-ad cone down to Dunedin to buy k earning £2400 in notes with him; her 1 ’” ?lU: ' r dnT in Nov, he had the money ■ * SI vket -book in his coat; that on that day i n S ;he races, and to the theatre in the hf "v- missed the pocket book and its ", n * t i ie Sundav morning. The money SfttiTw partly the proceeds of the sale of , and partlv money received from Mr ” 21e stated that Ford and Co. and ,-d Co. had sold the cattle. "Witness • about £SOO worth of cattle, s £itX> in cash and the balance “‘s bill which remained unpaid, ao-’ sreu-ed the cattle about the beginef"September in last year. Charles v!"*. ~!'deposed that he was’a member of of J. I. Ford and Co . auctioneers, ’j e 0,-;, 3-0 tbev sold stock to the value sd nett (57 head), to the order of jisw-'r"! 1 waite. Some were sold on Sept. T-eitmc £173 Us (40 head of young *’l.v There were twelve rough cattle Tt-re left unclaimed from the sale, ■ f-m took them over, turning them Ek Vre of swamp land at PapanuL ■ was duly paid for them. B tb e}e twelve cattle had the anvil I w; which was Carter Bros.’ of the

I Paid accused by cheque on both I ecW-iv. Oc;. 30 and Sept, 25, and those f "were disposed of in the usual way. I Gre-sm : Witness knew of only the 1 ir’ sale* he had mentioned. There might be I aoj* wif believed the others were beyond ! the limit of the Court. To ■ Mr Jem; ; Mr Beharrell saw some ef the treive caf-le in the paddock at Papanui, ' Abodes’ Swstr.n. that morning. John Bebsrreil '.i-rc-ed that he resided at KiisMi. On Oct 11, ISIS, sold twenty heaa of cattle to accused at £6 10s, and 20 it £6 2s dl each. On Oct, 17 sold him 14 head it f 5 7« 6s. Gave delivery of the whole 54 1 r. Oct. 17. Was paid by bill due on Jan. it 1 -I—tne 1 —tne present month-*-and it was returned nr.naid. Some of the cattle hid the anvil brand.* and they ai! bore the brand of witness. JB conjoined. Had seen some of the cat't'.e that * morning in the Papanui swamp, identityinj about six positively. They I all ha‘d the trJni c! witness as described by I him, and seme had the anchor brand on B them. Detective Benjamin deposed that he I remembered Monday. Jan. 13, when he went b in company Catherine Welsh (a female I searcher), and Constable Watson, of Ran-

I pas, to the house occupied by prisoner. I Prisoner was absent. Had a search warrant I from the Supreme Court- in his possession, 1 and read it to Mrs Bassingthwaite. Told her ■ the finale searcher would search her. She Sf asked t; read the warrant, and did so, and I then wen: into the bedroom with the female i searcher. Tne searcher handed out a woman’s | dress, in th -. pocket of which was a pocket-book, I wntair.mc a £lO note, two £5 notes, and five t 1 £1 notes, together with 3s lid in silver. The 1 «it art tele handed out was a quilted petticoat. Saw a patch sewn on the inside of the skirt, about half-way to the waist. Pulled it off, an;; found 20 £2O notes, rolled up in a piece c : cunva?. A bag with two long strings was Lander cut. It contained a lesser bag without str.r.g?, and in this was a chamois leitner bag, with 22 sovereigns in it; five£lo notes were ;n tne smaller bag, two £5 notes, notes. There were no other articles nannei out. Subsequently Mrs Bassmgtnwaite dgne-i the list (produced) of the money fount upon her, as correct. Witness tuen went into tne bedroom in company with ~ e otter- named. He was searching a dothei doi, ana hau about half finished, when from wtmt Mrs Ba>ssr.gthwaite said he let her put her nan t clown into t;. fr box. She palled out a sma.i canvas bag. which contained •m sovereign. Made 293 in the first

couEf and m consequence of some* i sajd here-counted ‘■aetn, and lour.l tu-re were 300. Accused ! '■ past six. Witvn.* ; ' i!r j l-b« warrant and searched ’ £-9 upon him. Witness also a go pj ant i gilder r r /: \ qn*-' •’'-ur.ng, and of a leather guard ‘; 1 ' attacked. Arrested prisoner ■ W;r ;? day, outside the Court - (; Kar.-gicri, under the warrant prowl- • i! : t 0 rfc P-. v w hen the warrant ! the money and if -C'.'V'* Hickson.—lnspector a ; . :,jS vd that he received money and r-- ! 'J .' '' ;i e t* ci * y e Benjamin (property plj"';‘. r ‘"' : ■ ’•■ e money amounting to £Bl2 i'-rf,*/ of the property was ’ lj . v witness to Mr Kerr, the ’/■ l;;tt bankruptcy estate.—Catherine pjj". that the was the wife of C-.-.v;. a wmtable, stationed at jZ'l/ : j a! -d that she was a b " lirti -cr. _ On Jan. 13 she - •, •‘‘'-‘--ricra with Detective Bent;-‘- house of Mr Bassingthwaita. JJetee*'- 1,1 hut his wife was. Mr- n. e ‘ >rr ‘i am ‘ rl read the warrant, and then read it herryj'r " \v'f went into the bedw t" t. V ‘j’” took off her drees, passing it : her ; : t ' r, '‘- lvc Benjamin. Next took off 1 hurrT Wl '* it out, and then j e :.j" a ea-v-as h&g, with a smaller bag in- ; remai-q t her waist. Searched the j bat f, ; h ‘ *‘ er ‘■‘lothing in the bedroom, i w ; JIJO ~ The money was after* \ * n the presence of witness, s Ltir-» " T 'V- v 1-11 w the box in the bedroom hdeoetT/ , t aw r * Hassingthwaito it to r hag of .400 sovereigns and hand ; (ase f-- J tlV(! Hcnjamin. This closed the no* iji\. ! : “ J pra»«mtion. Mr Oresson did to hi 8 * \v a, ‘{ . and accused, in reply Jo vr) ' ,r * raid he liad nothing to say. hi cork"'j; that he had been instructed Court ,LI \J ~e prosecution in the Supremo was V T( f 1 / Bresson a pphed for bail, which I with'u? ° r I’ r,so . ner 1Q the sum of £IOOO, tin; in the sum of £SOO each, Iwm tl'f'n J f Uj !i° u *- v approved. Prisoner at i>j! “ committed to take his trial " 1 r,; ” 310n of the Supremo Court.

LYITELTOS. ' Ja ' v - 22. i! ■ Da nald. Esq., and T. H. Potts, I Cin L r.i l 'Uir n & E 3, Pierce v. John Gunn, l,lt: Urnup r • mtiff was steward aboard Uie f r ; nna * an d sued the master of 5 refu-H ,° da - T8 ’ wa K e3 , which defeni ?** I H- V ’ alltgl ? g that (? r 8 110 two 8 - Judgment w: a »!■ e. *. K».i, *«h costs. £3 29 ! lament for plaintiff | KAUPOI. WBastsDii, J AN . 22. [ Sari /r S' Dudlcy * E,( l - J Y.) I -James Danville Smith, charged

with this offence, was fined 5s on the first and second charges, and dismissed with a caution on the latter.

TIMARU. Wednesday, Jan. 22. (Before R. Beelham, Esq., R,M.) Drunkenness.— One inebriate, on her first appearance, was t ,: scharged with a caution.