MAGISTERIAL.

Lyttelton Times, Volume LII, Issue 5805, 3 October 1879, Page 3

MAGISTERIAL.

CHRISTCHURCH. Thuesdat, Oot. 2. (Before G. L. Hellish, Esq., R.M.) Laecenv.—John Duncan was charged with the larceny of a swag. From the evidence of. Joseph M'Cabe it appeared that he and prisoner were in the Golden Fleece Hotel on the previous, day, when the latter asked witness to carry a swag of his from the hotel, as he was too “tight ” to do so. Witness was taking the swag when both parties were arrested. William Kiddey, licensee of the Golden Fleece, said the swag had been left in the hotel for a few days. A remand for Duncan was granted in order that the police might find an owner for the swag. M'Cabe was discharged. Selling Liquob Without a License.— The adjourned charge of selling liquor without a license preferred against Samuel Nutt; .storekeeper, Tat Tapu, were brought on for decision. Mr Gordon Holmes, for defendant, argued with regard to two of the charges, that defendant was absent when the liquor was sold, and in consequence was not liable for the illegal acts of his wife. He quoted authorities, in support of his contention. His Worship said he would like further time to look up other authorities. Mr Gordon Holmes.asked for a rehearing of the other cases, on the, ground that his client had not sufficient time to get up his defence. His Worship declined to grant a rehearing that ground. Decision adjourned till Satur-' day.

Libel— Matthew Henderson was charged with having, on Sept. 8, unlawfully and maliciously published a defamatory libel oh Ihomas Bates. Mr Joyce appeared for accused,, and Mr Thomas for the prosecutor. On the application of Mr Joyce, a remand was granted till the following day at 2 p.m. Impoexanx to Dog-I'indees. — A ease of unlawfully detaining a dog belonging to W. H. Porter was preferred against James Hallam. From the evidence it appeared that complainant lost a greyhound sapling from Papanui some time last month, and about ten days afterwards a friend of his saw the animal following defendant in the street. He spoke to him about it, and told him the dog belonged to Mr Porter, of the Shades, and that he ought to take it up to him. This defendant did not do, but inserted an advertisement in the Star for the information of the owner. A day or so afterwords Mr Porter met him with the dog, and claimed the animal as his property. Defendant would not give it up, but asked Mr Porter to accompany him to ms house, and see the Star advertiser meat. This he did, and when the dog had entered defendant’s house, he slammed the door in Mr Porter’s face and told him to go and see the Star man for further information. The ownership of the dog having been satisfactorily proved, His Worship said he was willing—taking a lenient view of the matter —to suppose that defendant had forgotten he was told some days before that the poppy belonged to Mr Porter. - It would be as well, though, for those who found dogs to remember that they had no right whatever to detain them ; and if they did so at their own risk, they had no right to charge for the time they had kept them in their possession. It was the duty of all such persons to report these cues to the police, as owners of lost animals were invariably in the habit of quickly reporting their losses at the Dep6t. Under all the: circumstances, however, he would dismiss the case.

AMB BELEY. Thtjhsdat, Ootobeb 2. (Before 0. Whitefoord, Esq., E.M., Messrs Courage, Broadfoot, and Fendall.) Assault Cases.— James Beale, sen., was charged with assaulting H. Bhodes, on the day of the Ashley Election. At request of the complainant the witnesses were ordered out of Court. H. Bhodes, sworn, stated that on the evening referred to, he and the defendant were riding from Amberley to Leithfleld in Mr Frank’s cart. Defendant wanted him to pay the wages that young Beale had earned in his employ to him (Beale). He declined to do sowitnout an order from the lad. They got to high words, and ultimately got out of the dray and had a fight. He was sorry for haying fought. He assisted Beale to wash his face/which was covered with blood, in the Eowai river. What he summoned Beale now for was an assault committed alter this in Beale’s own house later on in the day. The defendants, Middleton and Frank’s evidence, bore out the complainant’s statement as to the origin of the raw, and J. Neale, jun., deposed to the quarrel in his father’s house. Defendant was fined lOsand costs.—Thomas Adams was charged by W. Grace with using abusive language to him on the day named in the information. From the evidence of complainant, who had written down the language used for the benefit of the Bench, it appeared that Adams had called him some names as he was passing the tailor’s shop. This was corroborated to a certain extent by Mr Taylor. Fined 10s and costs. Breach op thb Bailwat Bv-laws.—J. Bollingson was charged with getting out of a train whilst in motion. Defendant appeared to be suffering more or lesi from drink, and, after the evidence of the Station matter at Sefton (Mr Edward) bad been taken, the prisoner wae removed to the look-up, to be Brought up at the rising of the Court. On being brought up agam, prisoner was fined 10s., or 48 hours* imprisonment, and reprimanded by the Benoh for appearing before the Court in such a disreputable state) and, fined 20s or 96 hours’ imprisonment for

contempt of Court. IF primmer joined the ' flood Templar* withiai ai fortnight, the fines tobe remitted. Bbeach op the SobebiDbdinancb.— Forster, Sheep Inspector v. Jones and Kent. On this case being onilfed, His Worship drew attention to the fact that' ono-of the defendants did not appear to hare received ft summons. He would,, if Mr Kent wished, adjourn tho case for a, fortnight, to enable his partner ts be present;. Mir Kent decided to let the case proceed!., Reginald Forster deposed that he was Inspector of Sheep for the northern subdivision, of the Canterbury sheep district. In consequence of a communication from Mr Holmes, of St Andrew’s station, he went there on Sepb fij.and was-there shown a sheep infected with . scab. It was ear-marked with a slit in-off-ear, and a front bit out of the rear oar, whiah. he had since learnt was ’ Jones and Kent’s registered ear-mark. The sheep was a hogget,, and had been dipped. The information was laid under Section 45 of “The Sheep Act,. 187S,’’ which provides a penalty for allowing infected sheep to stray. Thomas- Holmes, sheep farmer, residing at St Andrews, deposed (baton or about August 27 last, he saw a strange sheep on his run, which ha caught and took home ; it had evident sign* of being; scabby, but having no magnifying glass he (Holmes) could not detect the insect. He sent to Mr Forster, the Sheep Inspector, who came up and declared the sheep scabby. - Found the sheep about four miles from Kent and Jones’ boundary ; b -lieved the ear-mark , was defendants, and sent to Mr Kent, who came up and saw the sheep. Mr Kent did hot deny that the earmark was very like his," and ’ agreed to the sheep being'destroyed. By '(he defendant i Brought some sheep up from south some time back, and lost some at Waikari, have recovered some of them, but they were old sheep, and wool-branded ; this sheep was not branded and was young. Bo not know of any other flock in the district with an ear* mark like theirs. R. 0. Bosley, Sheep Inspector, Amuri, said the registered ear-mark of Messrs Jones and Kent was a slit in off ear and notch out of near ear. [The return of sheep and ear-mark, in defendant’s writing, was here put in as evidence.] Defendant’s sheep were, and have been for some time, scabby. They do not wool-brand their sheep. Edward Kent said he was a partner in the firm of Jones and Kent. Received an intimation from Mr Holmes as to a sheep being found on his run, and went to St. Andrew’s to see the sheep. It was decidedly scabby. Mr Forster was there. The ear-mark was like (heirs except that the notch appeared to be taken out by a punch or nippers, and not as they did with a knife. He ear-marked all their sheep. Could not swear it was not theirs. The Waiau was their boundary. Had never had any of Holmes’ sheep amongst theirs. Ha considered the boundary was a ■ good one, and doubted if a sheep would cross the river unless it was hunted over by a dog. He would ask the Bench to consider that the case was not one of negligence, even if they were satisfied as to the ownership of the sheep. They had always done their best to keep the scab down. His Worship, in giving judgment, stated that the evidence of ownership must be taken as proved, and the defendants’theories were too improbable. A fine of £25 and costs would be inflicted, the defendants to have fourteen days to pay. Laecent.—Thomas Quinton and John Holden were charged with the larceny of a cheese valued 7s, from Nedham’s store, Weka Bass. The charge was admitted by the prisoners. From the evidence it appeared that the prisoners went up to the Weka Bass railway works oh Monday, and committed the robbeiy on the same day. The Magistrate in sentencing the prisoner severely reprimanded them, on their conduct, and committed them for two months with hard labour. Cattle Teespass.—D. O’Brien aad Chas. Higgins were each fined 5s and costs. The cases against 0. Higgins (first charge), H. M‘Lean, and W. M'ftaught were dismissed. Civil Oases.—M, Morris v. Q-. Sheldon, claim £2 ss; adjourned.—T. White and Go. v. T. Johnston, claim £4 5s 9d; judgment for plaintiffs.—W. H. Rhodes t. D. Neale, claim £l3 7s; judgment for 10s, costs and expenses 15s.—J. Neale v. W.. H. Rhodes, claim £l4; judgment for defendant.

OXFORD. Wednesday, Oct. 1, ' (Before 0. Whitefoord, Esq., E.M., and D. Sladden, Esq.) Assault.—Martha Profit v Florence Baker. —There was no appearance of either party, and the case was struck out. Cattle Tbespabs.—Charles Thompson and S. Fisher were each fined 5s and costs for allowing cattle to wander at large. Similar charges against H. Nelson and H. Summerfield were dismissed, being their first offence. Police Oedinanob. —Andrew Haggensen, for leaving his dray and horses so as to have no control of the same. Fined 10s and costs. Civil Casks. —J. Milligan vE. M'Quillan, claim £4, adjourned from the previous Court day for the evidence of a person named Hugh Henry; judgment for amount claimed. The Bench denounced the witness Henry in strong terms, with a caution, to be more careful in future at to the manner in which he gave evidence. J. Lewth waite vH. Bees, claim £1 lls2d; judgment by default. J. Woodfield vT. Wilson, claim £7 7s , fid j judgment by consent. J. A. Walker vW. loose, claim £1710s; judgment by consent. W. Mardon vH. Terry, claim ids, .for illegal charge of special damages; judgment for plaintiff for 10s, .without coats, M. 0. Moran vT. Cooper, claim £4; judgment by consent for £4, and costs 14s.