MAGISTERIAL.

Lyttelton Times, Volume LV, Issue 6306, 14 May 1881, Page 3

MAGISTERIAL.

OHBIBIOHCEOH. Fbidat, Mat 18. (Before G. L. Lee and B, Westenra, Esqi.) Labobnt.—James Davey Beddon was charged with the larceny of two ferrets, valued at £2, the property of E. Derritt. The accused pleaded not guilty, and was remanded to Hororata on the application of Sergeant Morioo. Mr Stringer, who appeared for the accused, applied for bail, which was granted in one surety of £SO. Failing so Pbotxdb.—Alexander Bell, oirested on warrant, woe charged with failing to provide his wife with adequate means of support. Sergeant Morioe said the defendant's wife was living at Timaru, to which place the ease was remanded. , Dbtthkbnhkss.—Mary Ann White was charged with being drunk and disorderly. Fined 10s, in default 48 hours’ imprisonment.

Neglected Child,— Bebecoa Harris was charged with being a neglected child. J. Harris said the defendant was his daughter, and was 14 years of age. She left her home on Tuesday without leave, and as his wife was not alive, he could not look after her. In reply to Sergeant Morice he said he believed the girl had been before the Court on a previous occasion for breaking into a shop. Sergeant Hughes said be had ascertained that the girl had Men away from her father’s house since Tuesday, and had been sleeping in an empty tenement with a prostitute in Elmore street east. The Bench remanded the case till the following day. Eobbbet with violence,— Thomas Hester Knibbs, described as a jeweller, aged 26, was charged on remand with robbery, aroomSmied with violence, from the person of enjamin Hirst, in Colombo street, May 7. The amount of the money was first stated to be five £1 bank notes, but on the application of Sergeant Morice the information was amended, making the amount £4. The prosecutor said he arrived in Christchurch from Ohertsey on April 6. He had been working for Mr Boskrage, from whom he had received a cheque for £l2 16s Si for threshing. At a subsequent period he received a cheque for £5 from Thomas Gunn. He received the latter cheque on May 7. On that date he saw a man named David Scott about six o'clock in the evening at the White Hart Hotel. The accused was there also. Scott in the course of conversation said the prisoner was a working jeweller, and invited them to have a drink. He (witness) cashed a cheque for £5 10s at the hotel in the presence of the accused. It was the cheque he had received from Thomas Gunn. He received as change five £1 notes and 10s in silver.. He put the notes in his right hand trousers pocket and the silver in his left pocket. The accused saw him place the money in his pocket. After cashing the cheque witness shouted for the accused and David Scott. A named Joe Adams left previous to his having shouted drinks. After this they repaired to the bottle and jug department of the same hotel, and there had two drinks. After this the three left the hotel, and went down Cashel street. By this time he (witness) was "what one might call drank.” When Scott left witness took a cab and asked to be driven to the Caledonian Hotel. When getting into the cab he felt the roll of notes and silver in his pocket. The prisoner, however, followed him into the cab, but he told him that he was going home, and he did not want him to accompany .him. The cabman drove away with them both in the vehicle. After going some distance in the cab, witness told the accused he thought he was only a loafer, and would ride no farther with him. Witness also called out to the driver to pull up, end in jumping up to do so, the accused endeavoured to prevent him. The cab at length palled up near the Colombo street bridge. He paid the cabman Is, and got out of the cab, proceeding towards his own hotel.. The accused was left in the cab. He knew some gardens belonging to Chinamen on the north Colombo road. It was when opposite these that he saw some person . following him, and on looking round observed that it was the accused. Thi« was between 5 o’clock and 6 o’clock on the evening of May 7. It was then dark. Witness, fearing that something was wrong, ran away. He was, in fact, frightened of the accused. He - was unable to run very far, and the accused soon overtook him. The accused commenced swearing; and, asking him whether he called him a loafer, struck him some blows in the face. Prosecutor fell down with the second blow, and whilst on the ground was again struck by the accused. Ho fell on his left side, and was struck several times about the head. (Witness here said he had a doubt, and wished to express it). The Benoh : “Well, what is it?” Prosecutor ; “ I will toll you. The next thing that took place was that the accused got on my body, and I felt him insert his hand into my right hand trousers pocket.”) He firmly believed this was the case, but did not like to swear positively to it. Ho was confused at the time, recovering from the blow. The accused left him after committing the assault, running towards town, and prosecutor then gave information of the occurrence to the police. He had authorised no one to take the money from him. He had had no previous acquaintance with the accused. Whilst on the ground the accused struck him several times. He made search for the cabman, but had not been able to find him. In cross-examination by the accused, the prosecutor said he bad no remembrance of going to the Queen’s Hotel and shaking dice there. David Scott deposed that he was a working jeweller, employed at Coates and Co.’s. He knew the prisoner and met him with a man named Joseph Adams, on May 7. It was about one o’clock on that day. He remained in their company until nearly five o’clock. Whilst in their company he met the accused in the White Hart right-of-way, and introduced him to the prosecutor. They had a drink together at the hotel, the prosecutor cashing a cheque for £6 10s. Hirst and himself endorsed the cheque. He was on good terms with the prisoner. In answer to the accused, the witness said that the prosecutor changed a £1 note in the storeroom of the hotel. Mr Sheppard stopped the shaking of dioe as soon as he discovered it. The prosecutor changed a £1 note at the Queen’s Hotel. Detective Neill deposed that he arrested the accused on May 9 on the warrant produced. The accused said, “ I did not take his money.” Subsequently he (witness) was at the police station. David Scott was there. The prisoner said he went across the Colombo street bridge. The face of the prosecutor bore marks of violence. The accused, who had nothing to say, was then committed to take his trial at the next criminal sessions of the Supreme Court in Christchurch.

MALVERN. Ebidat, Mat 18. (Before 0. Whitefoord, Esq, 8.M., and J. A. M'llraith, Esq.) Poaching. —H. Packer was charged with trespassing with a gun in pursuit of game, on the property of Jonn Beans, and fined £3, and costs, 7s. Oira Casks.— -Alfred Burkett v. John Allen, claim £4 4s 2d. Judgment for amount and costs, lls.—Mary Ann Duggan v. John Montgomery, claim £2 Bs. Judgment for 18s, and costs, 7s. —H. W. M’Olelland v. John Brown, claim £3 18s 9d. Judgment for amount and costs, _ 7s. Louisa Swann v. Mary Ann Duggan, claim £1 3s IdJudgment for amount and costs, lie.—H. Cassidy v. T. Linstrom, claim £8 16s, and costs, Bs.—Several other oases were adjourned for one month. ASHBUBTON. Pbiday, Mat 13. (Before J. Nugent Wood, Esq., 8.M.) Dbunkdnnebs and Obsohnh Language, —Joseph Ibell was fined 15s for drunkenness and obscenity, and another inebriate was dismissed with a caution. liiLBGAiiLT oh Pbbmxsbs.— Andrew Battray was sent to gaol for a month for being illegally on the premises of Mr George Compton. _ ' . Yagbahct.— William Evans, a recent inmate of the Old Men’s Home, who had several times caused trouble in that institution, was sent to gaol for three months with hard labour, for having no visible means of BU |*htty Labobst.—For the larceny of a

puma from his fellow-lodger in a hotel in town, William Robin wa« tent to gaol for a month with hard labour.

Vauubibss Cheques. —For passing several valueless cheques, George Wood, brought up on remand, was sentenced to t hree months’ each Of two charges, 818 AT OAXTUB.—Michael Neala* was fined 6s and 2s costs for allowing a mare and foal to be at large, contrary to the Borough bylaws.

Bbsoub ob Oaxtib.—John Keller was charged with rescuing a cow from John Fox, while the animal was being driven to the pound. The evidence of the parties was taken, and Keller was fined £8 with 17s expenses, iMVt/nna Languasb, —Robert Little was accused of using insulting language to H. T. Chichester, schoolmaster at the Hinds. Mr Branson appeared for Little. The alleged insult consisted of an impeachment of the complainant’s character for sobriety, and was said to have been made on the public road opposite Little’s Hotel. Owing to the absence of several witnesses, the case was remanded till Friday next.

Bbbaoh ob thb Ashburton Bbidqb By-Laws. —Henry Moffat, Wakanui, was charged with having committed a breach of the Ashburton Bridge By-laws, in having driven a traction engine along the Ashburton Bridge with the engine fire burning and nndrawn. Mr Bloo', instructed by Mr Joynt, appeared for the prosecution, and pointed out that the object of the bylaw under which the information was laid was to prevent danger to the railway works and to the public. Ordinary locomotives were supplied with fireboxes which prevented sparks or burning coal from falling on the timbers of the bridge, but traction engines were not so supplied, add the passage of engines of this kind over the bridge under steam was a source of danger. Michael Mullaney, bridgekeeper, proved that Moffat had driven his traction engine, under steam, over the Ashburton bridge on April 9, in defiance of witness’cautions and despite his protestations. Moffat and his men had held the gate of the bridge open to allow the engine to pass, and had done so against the efforts of witness to keep it closed. Henry Moffat said be was with the engine on April 9, but had no charge of it in any way, as it was in possession of the bailiff. At the bridge the men opened the gate but witness did not do so. By Mr Blood : I have a very strong feeling on the matter of this bridge, and think the by-law is an absard one, and ought to be done away. The engine being in charge of the bailiff, I had no interest in it whatever, but I gave no instructions for it to pass over the bridge, and did not hold the gate. The men with the engine were not in my employ, but they were before the engine’s seizure by the bailiff. I have been convicted on my own confession of a breach of this by-law. William Brown, bailiff, said he took possession of the engine on April 9 for the Loan and Mercantile Agency. The engine was taken over the bridge by his instructions to the men. Moffat had no charge of it whatever, and ho never interfered with the gate. Peter Stewart, one of the men employed at the engine, said that Moffat was not at the gate Henry Wakelin also gave evidence as to Brown being in charge, of the engine. Counsel having addressed the Bench, his Worship said that the evidence of both Brown and Moffat went to show that the engine was in charge 6f the former and not of the latter, and he would dismiss the case. Two other informations arising out of the case were withdrawn.

Gambung ik A Liobksbd House.— ln a charge of this kind heard a week ago against Eobert little, Hinds Hotel, his Worship gave judgment. He quoted authorities, showing that all play with dice for money or money’s worth, was gambling, though « Yankee grab ” was a common practice for drinks in public houses. When the matter was brought before him, he had no alternative bat to fine the delinquent. He would, however, only inflict a nominal fine of 10s in this case.