MAGISTERIAL.

Lyttelton Times, Volume LI, Issue 5597, 1 February 1879, Page 5

MAGISTERIAL.

CHRISTCHURCH. Friday, Jan. 31. (Before G. L. Lee and F. Back, Isqs.) Drunkenness.—A charge against Susannah Malcolm for drunkenness was remanded, as it had been found necessary to remove her to the hospital. Illegally on Pbhmisfs. Alexander Stewart, for being found illegally on the premises of W.Hiscoek, Bt. Asaph street, was fined 10s. Misappropriating a Cheque.—Robert Yinson was charged on remand with misappropriating a cheque for £24. Inspector Hickson said that accused had been remanded until the arrival of the warrant from Rapier. That document had now arrived and he would ask that accused should be remanded to Napier. Mr Neck, who appeared for the accused, asked for a remand for a few days before the accused was forwarded to Napier. The charge had only arisen out of a partnership, and he (Mr Neck) believed the case would be settled without any necessity for further action. Remand granted until Feb. 7, accused to be enlarged on same bail as formerly. Larceny op Five Meerschaum Pipes.— Patrick Skerrett was charged with stealing five meerschaum pipes, the property of Mr L. E. Nathan. Accused admitted the offence, and as nothing previously was known against him, and he had hitherto borne a good character, the Bench sentenced him to one month’s imprisonment with hard labour. Forgery and Uttering.—Edgar Bastings was charged with forging a cheque for £7 5a on the Bank of New Zealand, and with uttering the same. Mr Neck, who appeared for the accused, said that having gone into the evidence, he saw there was a primd facie case, and would reserve his remarks for another time. After the case had been heard, he would apply for bail. J. W. Francis, waiter at the White Hart Hotel, stated that accused used often to be in the hotel, and on Jan. 10 he asked witness for a blank cheque on the Bank of New Zealand. Witness gave him the cheque produced, which was blank at the time. Took the cheque from the block produced. Henry Allen, landlord of the Golden Age, stated that accused had been storing with him for three weeks, coming on Dec. 26. On the evening of Jan. 13 he came into the bar with another man and had a drink. He tendered the cheque produced for £7 6s in payment, and witness said that he had not sufficient change. Accused said he would be doing him a favour if he would cash it, that it was all right, and was signed by Mr Back, General Manager of Hallways. He asked for a pen and ink, and endorsed it as appears on the cheque. Witness then gave him £7 4s in change. On the Wednesday following the cheque was returned from the Bank marked “No account.” Fredk, Back, General Manager of Canterbury Railways, called, said the signature of the cheque produced was not his. He had not authorised any one to sign his name, nor did he keep an account at that Bank. Did not knew of any other person of the same name here in a similar position to his. This closed the evidence, and accused was committed for trial at the next session of the Supreme Court. Bail was granted, accused in £2OO and two sureties in £IOO each. Using Counterfeit Coin. Edward Michael Davies was charged under the Yagrant Act with the above offence. Wm, Griffiths, employed by Mr A. Ayres, stated that accused came to the shop and asked for a cigar. Accused took out a coin like a halfsovereign. Witness took up the coin, and seeing what it was, said, “No you don’t, Davies.” Witness went out into another room, and when he returned accused had taken up the coin. Afterwards, accused gave witness two or three of the coins. In cross-examination, witneso said that accused had been in the habit for some months of coming into the shop every morning. Accused Eaid for one cigar, and for another one he ad he offered a penny and a penny stamp. Accused remained in the shop tor some time after he took back the coin. Alfred Reynolds, hairdresser at Mr Ayers’, said he was in the shop when accused got the cigar. A dispute arose between accused and tbe previous witness about some cigars which accused owed for. Davis said he did not owe for them but put down a coin and said take it out of this half-sovereign. There was a remark of “No you don’t,” made, and accused then took back the coin. At witness’ request accused was asked for a few, of the coins as he thought they might be wanted. Accused and the others did not laugh during the time, nor after the coin was tendered. Had often seen similar coins to these before worn on watch chains. Constable Cullen deposed to receiving the coins produced from the last witness on Jan. 21. Mr Neck, in addressing the Bench, said the whole affair had originated in a foolish act, which, however, was not a crime. As the Police could not prosecute for passing counterfeit coin as first intended, it was now sought to obtain a conviction under that Legislatorial iniquity known as the “Vagrant Act.” Mr Neck then entered into the particulars of the charge, and said that as no one could have been imposed upon by those tokens accused had by his 10 days’ incarceration suffered sufficient for his foolishness. Mr Clark, dealer, called stated that he had similar tokens to Die coins produced on watch chains, which he sold at 2s fid each. He did not sell the coins separate from the chains, but they were sometimes taken off by the purchasers. The accused told the Bench that neither of the witnesses had served him with a cigar. It was not Ayers’ father-in-law-who did so. The Bench said that though accused had acted very foolishly they would give him the benefit of the doubt and dismiss the charge. Charge dismissed. Crossing the Railway Line.—Alfred Osborne was summoned for crossing the railway line at Fendaltown. The evidence of the gatekeeper showed that defendant was cautioned not to cross, but persisted in doing so. Fined 40s.

LEITHFIBLD. TninasDAT, Jan. 30. (Before J. 3. Woodhouse and F. Courage, Esqs., J.P.’s.) Cattle ax Labqb. —J. Thomas, T. M'Naught, T. Whittington, J. Middleton, D. Shaw, Mrs M‘Lean, and S. W. A. Franks were each fined 5s and costs for allowing cattle to roam at large. Henry Smalley, on two informations, was fined 6s and costs in each case. James little, for allowing two small calves to stray, was dismissed with a caution. Bbhaoh op Public Wobks Act; —A. Bailey, for allowing seven head of cattle to stray On the Battgiora and Amberley Bail way Line, was fined 10s and costs, and also cautioned to bo more careful in future, as heavy penalties would be imposed in such dates, - r . - - 1

Assault. —Robert May was charged, on : Ithe iUformation of Jane Sdidens, with violently and. beating beronJaa.2l. P ro - Jebhtnfc,uer two sons, and * witness named Duffell proved tbe assault ootdplkined of. Defendant made a statement, alleging that he had received great provocation from complainant, who had assaulted him on his going to drive her cattle off his land. The

Bench fined him 20s and costs, saying that whatever provocation might have been given, defendant had no right to take the law into his own hands. OXFORD. Wednesday, Jan. 29. (Before Dilnot Sladden and R. L. Higgins, Esqs.) Breach of Registration Act.—William Mayor was charged, on the information of Mr Wilicox, Registrar of Births, Deaths, and Marriages, with neglecting to register the birth of his child, contrary to the statute. The Bench recorded a conviction, to enable the accused to register the birth, but would not inflict a penalty, as it appeared from the statement of the accused that he had used every means in his power to have the birth duly registered with the late Registrar. Cattle Trespass.—S. Gammon, for allowing cattle to wander at large on public roads, was fined 10s and costs. Assault.—Fred. M’Eay, charged by James Fisher with an offence of this description, was remanded for four weeks, as it appeared Die accused was summoned to attend at the Resident Magistrate’s Court, Christchurch, as witness m the case Regina by Railway Authorities v, Fowler. Civil Oases. Henry Sedcole v. Coventry, claim 2s; judgment for plaintiff by default. Defendant, who put in an appearance after the rising of the Court, applied for a rehearing, pleading that being station master, and having the train to attend to no could not have got away in time. Application granted, and defendant planned that he must make provision to be in attendance at the opening of the Court in future. All other civil cases were settled out of Court. ASHBURTON. Friday, Jan. 31. (Before A. Le G. Campbell, Esq., R.M.) Obscene Language,—A. W. Henderson, for this offence, did not appear. His wife appeared and admitted the offence. Fined £3 and 4s for expenses of one witness. Drunkenness. William Hammond for this offence was fined 10s and costs. Cattle Trespass,—G. Warner, for allowing one horse to wander at large on Dec. 21, was fined 3s and costs.—A. 0. Aitkin, for having one horse at large, was fined 3s.— Thomas Dudson, for allowing one cow to wander at large, was fined 3s.—George Parkin, for a similar offence, was fined 3s-. G. J, Martin, for allowing 15 head of cattle to stray outside the Belt, was fined 20a.—P. Standcombe, for having a cow straying on the railway line near Tinwald, was fined 3a.— George Kidd, for one cow at large, was fined 3s.—G. J. Martin (further charge), for allowing nine head cattle to wander at large on the Wakanui road, was fined 10s and costs. Obstructing the Thoroughfare.

Patrick Madden, for tying his horse so as to obstruct the footpath, was fined ICb. Accused did not appear, and a distress warrant was ordered to be issued for the amount of fine. Destitute Beesons’ Relist Oej>inance. —-Robert Hudson was charged with haring wilfully neglected to support his wife. Sergeant Felton said the wife of the accused was living at the Hinds in a most emaciated and disgraceful condition. She had been left without proper food, &c. The police had instructed Dr Trevor to visit the woman, and he had ordered her to be removed at once to the Christchurch Hospital. The accused did not appear, and a warrant was issued at once for his arrest.—Robert Hudson was brought up in custody. The accused agreed to pay all expenses incurred, and to pay towards the maintenance of his wife. His Worship said he would make an order to pay a certain sum of money, or, in default, to be imprisoned. Ceueltt to Animals.— M'Kenzie, sen., was charged with having left two horses without food or water in a paddock. Mr Ireland appeared for the accused, and asked his Worship to dismiss the information as the summons was informal. Sergeant Felton said the description was not exactly perfect, but the police would issue a warrant if the wrong name was given in. Mr Ireland objected, on the ground that his client might not be the guilty party, and there might be a M'Xenzie, sen., who was the father of all the M'Kenzies. His Worship ordered a warrant to issue for the arrest of the accused. M‘Kenzie, charged with cruelty to animals, now appeared before the Court. Mr Ireland, for accused, drew the attention of the Bench to the fact that the charge was brought under clause 4 of the Cruelty to animals Act, 1878, and there was no offence such as leaving horses in a paddock. The information must follow the clause of the Act as closely as possible, and there was no offence as stated in the information contrary to such clause. His Worship ordered another information to be laid, and the case was then heard. R. M, Buchanan said he saw two draught horses in a one-acre paddock. The horses were without food and water. He fed the horses three times, and subsequently took them to Compton’s stables, and informed the police.—By Mr Ireland: He himself informed the police. Mr Ireland said the case must be dismissed, as the horses were fed by Mr Buchanan. J. E. Buchanan said he also saw the horses in the paddock, from Saturday to Monday. Mr Ireland said he must again refer to the information as being informal. His Worship: Then I will amend them. Mr Ireland: Tour Worship will see that the horses have been fed. His Worship: Really, Mr Ireland, you interfere with the business of the Court. You will drive me mad with so many amendments in the information. Mr Ireland: I come here for the protection of my clients from police prosecution. His Worship: I am in the habit of being spoken to civilly, but I am sorry to say I do not get it in this Court from the member of the Bar. Mr Ireland : I always address your Worship in a civil manner. His Worship dismissed the case.

Breach of the Public-house Ordinance. — J. M‘Wamara was charged with having supplied liquor to a person named Skae, whilst in a state of intoxication. Mr G. D. Branson appeared for the accused. Sergeant commenced the examination, and called Patrick O’Shannassy. Sergeant Felton then addressed the Bench, and was stating the case when Mr Branson objected to this mode of conducting a case on behalf of the police, and asked his Worship to uphold the gentlemen of the Bar present, and not allow any interference on the part of the police when he was asking a question.—-His Worship agreed with Mr Branson, and the witness was examined: Remembered the day when the man Skae called at the Bakaia Hotel, South Bakaia. He was serving in the bar at the time. Bid not think Skae was drunk. Gave him a glass of beer. He may have been slightly intoxicated, but not drunk. William Shannon said [he_ remembered when a man named Skae called at the Hotel. He had a small glass of beer with him. Did not think Skae was drunk, though he was hardly sober. Could not swear to his being drunk. Charles Hardy, a draper, said he saw a man come out of the Hotel, and he was drunk. He recognised the man as the man who was drowned on the same day. By Mr Branson: At the time he saw the horse, the rider had lost his hat, and appeared to have a difficulty in retaining hi* seat. At the time he first saw the horse and rider they appeared to be coming from an opposite direction. His Worship said the evidence was not sufficient to procure a conviction, and he must dismiss the case.

Civil Cases, —Acland, Campbell and Co. v, CK Compton, claim £sl Ids; case adjourned until next Court day.—M'Kerrow and Co. v. Broderick, claim £ls 9s lOd on dishonoured promissory note; judgment for plaintiffs for amount claimed and costs.— Hudson v. BrajJjEprd, claim £ls sa; settled by consent Off payment of solicitor’s fees, £1 Is, and costa cb tie Court.—H. Friedlander v. Fraser, claim £3 15s; adjourned.—A. -Fraser V. H. Friedlander, claim £l9; Mr Crisp for plaintiff, Mr Branson for' defendant. This was a claim for damage done by wrongful detention of property; plaintiff was non-suited,—-Proprietors Ashburton Mail v. Hicks, claim. 7a 6d; judgment by default for amount, and costs'9s. TIMABC. ", - Fkidax, Ja», 31. ; (Before K. Beetham, Esq., E.M.) Bheaoh of Public house Obeisance.— A. J. Parsons, licensee of the dub Hotel, was fined £5.