MAGISTERIAL.

Lyttelton Times, Volume LIII, Issue 5952, 24 March 1880, Page 3

MAGISTERIAL.

LYTTELTON. J * Tubspat} Maech 23. (Before 0. Whitefoord, Esq., 8.M.)

Deunksakd DxaoEDEEPY.—A first offender was fined 6s, or la bours. Absent without Leave. —.Alexander Moss, cook of the brigantine Omaha, was charged with this offence. By the evidence <jf Captain. Goodman, it appeared [that the .orewibf the vessel had been deprived of their dinner through the'.absence of the accused, and that the offence was not the first he had had, to .complain of. Ordered to return to duty and pay a fine of. £L. —W. Hanwig and J. Ansell, charged with the same offence were ordered to return to, their, ship, the British Empire. „ , r ... . ... v ,,., Beutai' A ssattet, Henry J L. Mowatt, mate of the Star of India, was charged with committing an aggravated assault upon Philip Johnson, a ‘seaman of the barque Eemonstrant. Mr. H. K. Nalder appeared for the complainant and Mr J oyce for the defendant.' The complainant, l whose face was a mass of cuts and bruises, deposed that on Saturday'night a' shipmate from his bunk, and knowing hfm to be drunk up town, he went ashore with another man to help him on board. They found him lying on the wharf, and proceeded to bring him to the ship. While thus engaged they were overtaken by the defendant and the mate of the John Knox, who, after, accosting them insultingly, committed a most brutal and unprovoked assault upon them. He himself bad suffered most at the hands of the defendant. W. Murray and Philip Bo her t a laid a joint charge dFassault upon Mowatt, the defendant in the former ease, and B. B. Davies, mate of. the John Khbx, and * the evidence given to suppprt thesecharges was identical with that related above. Fop the defence it was sworn that the three seaiheh had made the first attack,; and that Davis first made use of his fists, upon.feelipg his watch chain grabbed at by one of the men, 1 The evidence was most distinctly contrary' to that of the comElaioants, Sergeant-Major O’Grady proved aving gone down to the scene of the scuffle early on Sunday-morning, and deposed that the assertions of the provocation as sworn to by the defendants had not'been brought forward at all at that time. The captains 6f the Star of India and John Knox gave a good character to Mowatt and Davis respectively. The'Bench in reviewing , the evidence cast strong imputations upon the statements made by the defendants, and after characterising the assaults as most brutal and disgraceful, imposed a fine of £5 in each case upon each defendant, and ordered each to pay the costs of the Court and solicitor’s fee, £1 Is, with the alternative of seven days’ imprisonment in each case. The fines were paid. Laegenv.—Robert- Chapman, a seaman on board the British Empire, was charged with stealing a sum of money from the bunk of a shipmate. After hearing the evidence, at the request of the police, accused was remanded till Friday, April 2, bail being taken, himself in £SO, and one surety in £25. Crvrii Case.—Kogers V Curran, claim £3 16s, Mr Joyce for complainant, Mr Nalder for defendant. This was a claim for wages as seaman aboard the Croydon Lass, defendant being boaster of that vessel. Mr Nalder held that < complainant ; was not > entitled to recover payment, on the ground that the contract had not been fulfilled on his part. The Bench upheld this view, and non-suited the ’ complainant, each party to hoar his own coeta. -

EANGHOEA. Tuesday, Maeoh 2a (Before J. Beswiok, Esq., R.M., A. H. Cunningham and S. Hey wood, Esqe., and His Worship the Mayor.) Laeoeny.—H. Koach was charged, on information, with larceny of a rail; and his mother, Lucy Eoach, with receiving the same, knowing it to be stolen. ; Evidence-was taken, 'and tho offence proved. Mr Blackett stated that he did not wish to press the present case, but as he had great difficulty m keeping his fences intact owing to these petty larcenies, he had brought the case forward. The Bench took a lenient view of the case, and discharged the accused with a severe caution.

Cattle Teesfass. — S. Green, who the police stated was not an “ old offender ” was fined 5s for allowing a : horse to wander at large. Bebach of Bobough By-Laws. —Ah Hone was charged with removing the blinkers off his horse while in the trap, which caused the horse to run away. It appears that accused was in front of a saddler’s shop, and was bis bridle, bis own having broken when the offence was committed. The Bench commented bn the danger of the practice, but dismissed the defendant as they did not consider the bylaws met the ease.

Civil Oases*—-H. Blackett v. H. Bonan. This was an adjourned cose from last Court day. lib Bruges appeared for defendant, and pleaded bankruptcy. The Bench further adjourned the case till next sitting of the Court, as Mr Whitefoord had heard the commencement of the proceedings.—J. George r. A. Miller; withdrawn.—J. Johnston v. G. S. Bartrum, claim £36.11a Bd, set off filed'of £l6 16s 9d; judgment for £l9 15s lid, by consent.—F. Hodges y. B. Lilly, claim £2 7s ; adjourned for production of a bill of particulars. Tbansfeb of License. A temporary transfer of the license of the Ashley Hotel to the North Canterbury racecourse on Faster Monday, was granted to Mr B. Flynn. ASHBURTON. Tuesday, Maeoh 23. (Before F. Guinness, Esq., 8.M.) Vagbahcy. John Lagmuir Smith was brought upi charged with begging and vagrancy. His Worship said that as this was not the first time the accused had been brought up on a similar charge, he would have to send him to gaol for 12 months. ' Cheating a'Dxsttjbbanob in a Licensed House. —John Thompson was charged with creating a disturbance in a licensed house, to wit the Somerset Hotel. The accused was remanded for eight days for medical examination. Civil Cases. —Longbeaoh Boad Board v. Tate and' Hall, same v. Thompson, same v. J. B. Steel, same v. T. Hayman, same v. Whitelaw. All the above cases were adjourned to March 30. M‘Kerrow v. F. Lowe, claim £27 10s; judgment for amount claimed and costs. P. Tisch v. F. M. Faulker, claim £l6 on an 1.0. U. Defendant had paid £l2 on account. Judgment for £6lßs 8d and costs. Friedlonder Bros. v. M‘Kie, claim £33 10s; judgment for plaintiffs for amount claimed and costs. Farrell v. Hartnell, claim £5 6s 4d. Mr Purnell appeared for the defendant. Plaintiff non-suited with costs. T. Wilkinson* v. Moorhead, claim £9O. This was a claim for reaping and stacking 150 acres of oats and barley at the Bakaia. Mr Purnell for plaintiff, Mr O’Beilly for defendant. Judgment for amount claimed and costs, £6 ss. B. Anderson v. Fleming, claim £lO. Mr Purnell appeared for the plaintiff, and Mr O’Reilly for the defendant. This was a claim for the value of a dog which was held by the defendant until the damage which had been alleged to bo done to some poultry and sheep had been paid for. Judgment for plaintiff without costs, and the dog to be returned at once. ‘ TIMABU. ■*- Monday, Maeoh 22. (Before K Beetham, Esq., E.M.) Yagbanoy.—Charles Kidney was sentenced to 14 days’ imprisonment with hard labour. DbunkbnneSß.~A first offender was fined Ss. Illegally on Pbimisss.—E. Hamer,

charged, with being illegally os the. premises of W. Wheelband at Orariwas remanded to Temuka, ■, ;