MAGISTERIAL.

Lyttelton Times, Volume LVIII, Issue 6715, 5 September 1882, Page 3

MAGISTERIAL.

OHEIBXOHCBOH. Monday, Sapp, 4.

(Before J.Ollivier,Esq.,B.U.,J. I.Parker, B. Weitenra, and G. L. Lee, liqi)

DeunkbnnbSS.— A first offender, who did not appear, was fined lOi. Five others were fined Be each.—Martin Warren, an old offender, was fined £B, or in default seven days’ imprisonment. Alleged Bbhaohofthe PbaoN—Charles Cooper, James' Wilkinson, and Frederick Bradley were accused of committing a breach of the peace in view of a constable. From the evidence of two constables, it appeared that there was a wordy war, In which the accused were odnoerned, near the Commercial Hotel at 1230 o’clock on Sunday morning. Subsequently the parties—abont twelve in number—adjourned to Cathedral square, where blows took the place of words, and a cry of “police" was raised. Two Constables rushed up, and found a general fight in progress. Bradley and Wilkinson were both Knocked down, and appeared te be getting the worst of the frays when they and Cooper, were' arrested. Cooper, who pleaded guilty, was called by the police as a witness. He said he did not recollect anything at all except that he got a ’’ clout in the mouth’’ and was takenaway.ina oab. a Sergeant Mason said he.had hoped this last witness would have been able to give some information, and he had no further evidence to offer. The Bench had no doubt that a disturbance had taken place, but tho police seemed to have taken the wrong men; the police were, however, perfectly, justified in endeavouring to stop the disturbance. The aconaed would be discharged. . Resisting thb Police.-— Henry Kitchen, arrested by Constable Heriihy for committing an offence in Victoria street, was fined 10s for resisting the constable by whom he had been arrested, on the road to the look-up.

Removing Refuse without Authoeitt. —Charles Baird was accused of removing bouse refuse from the premises of E., J. Fainter, Lichfield street, on August 16, such refuse not being for sale or intended for the owner’s use. Mr Stringer appeared for the defendant. Mr Garrick, on behalf of the City Counoil, said that the information had been laid under section 47 of the Public Health Act, 1876. The ease was one of some importance as affecting the City Council in their endeavour to maintain their position as Board of Health for Ohristohuroh. With reference to the removal of house refuse, the Council had entered into a contract with Mr Brightling for this purpose, and the defendant undertook similar, work an his own account,, without any authority from the : Council; ~,Mr Giurriok called F; T. Haskins, Town Clerk,-who deposed that the Christchurch City Council had been appointed Board of Health for Christchurch, and Mr Brightling the authorised contractor for the removal of house refuse. If. the practice of defendant was continued, it would tend to vitiate, the contract. M J., Leahy gave evidence as to the commission of the,, alleged offence. B. J. Fainter, the occupier, deposed that he had paid defendant 3d-for removal of the rubbish. Believed he had paid Baird several times for a. similar purpose. The latter had asked -for the job. : Did not keep the house refuse for any purpose, or for sale. Mr Stringer said that after hearing th,e evidence, 1 16 would admit the offence,.and if he wished to test the case further would instruct hit client to commit another offence. He (Mr Stringer) had only been instructed that morning and was not thoroughly prepared. Mr Garrick would not press for a heavy penalty, but thought it only right that costs should be allowed. The Bench considered that clause 47 of the Public Health Act was very clear, and the defendant had offended against’it. A nominal fine of Is would be imposed in consideration of a heavy penalty not being pressed for; the defendant, to pay all costs. ' Alleged Damage to Peopbexy.— William English and Elizabeth English were charged .with damaging a hut, value £5, the property of James Le Beau. Mr Bpaokman appeared for the defendant. The evidence showed that defendants had been in possession of some land at Greenpark for the past 14 years, holding under lease from Mr Campbell. The complainant had recently built a hut on this land, and put his cattle npon it, without any authority to do so. Defendants had pounded the cattle and pulled down the hut. The Bench considered that complainant had “no shadow of a case,” and dismissed the information, complainant to pay costs and solicitor’s fee £2 Is. " ‘ ’ . Bbbaoh of Stamp Act —Peter Hill was aoouied of neglecting to file with tha| Commissioner .of Stamps a. statement of the property of D. M'Donald J. Hill,'deceased,-in whose estate he .was Administrator, within sit months after the granting of letters of adminiitration. The defendant admitted the offence, but pleaded .that pressing business engagements had prevented him from filing the statement. Mr Martin, who appeared, for the prosecution, explained that it was neoeisary that the statement should be filed for the purpose of enabling the assessment of stamp duty. The penalty under the Act was very heavy—any sum not exceeding £soo— further refusal to comply with the law rendered tho defendant liable to imprisonment by tho Supreme Court, A fine of £2 and Costs was imposed. _ Steuoi off the Elbotoeaxi Holm.— On the application of Mr G. L. Lee, a number of names wore struck off tho rolls for the Christchurch South and Stanmore districts. Mr Lea stated that thS Act had been complied with, notices having been issued, and the parties summoned to the Court, but none of them responded when their names were called. , „ , Miscellaneous.— James Dann was fined 6s for allowing a horse to Wander. Charles Hill, Joseph veitoh, and Nicholas Columbus were fined 10s each for a similar offenoe. Michael O’Malley, who had allowed eattle.td stray on the railway, wae fined £l, and 10* witnesses’ expenses. Charles Bogsrs, charged with leaving a horse and vehicle on the road unattended, was fined 10s. For not keeping a light, on building material in Hereford street daring the night, W. Stocks was fined 6s. J. Emerson was proved to have neglected to abate a nuisance on his promises in Salisbury street, and a fine of £1 and costs was imposed. William Owen, who had indulged in the 1 dangerous practice of driving horses on the footpath, Sydenham, wae fined £2 and costs. Several oases, in which Michael Morphy wae defendant* were adjourned to Sept. 11. A charge of aseault preferred sgaimt Petey Paooi wae postponed to next sitting Of the Court. A ease against Richard Bray, for whom Mr .Thomaa appeafld, was adjourned to Sept. 11, on the appfioation of defendant’s solioitor.

Unlawful Entby,—Henry Zimmerman, Annie Zimmerman, and William Bruns, were accused of unlawfully entering upon* a certain property at Tai Tapn, belonging to Ohriitina Zimmerman, wham they had 'expelled. .-"Mr Stringer appeared for oomplainant, and )nr Loughrey for defendants The latter counsel applied for a remand, which Mr Stringer opJ ■ . A \

posed, and in doing so hostatod that tho ease was ons of considerable hardship to his client, who was a widow holding 40 acres of land with a farm house, at Greenpark, which had boon willed to her by hor doesasod husband for disposition among the members of the family ac she might think fit. Two yean ago she had agreed with defendant, Henry Zimmerman, that ho was to have half the property at hor death, but on August 28 he, with his wife and Bruns, the two other do* fendants, had come to the plaee, expelled the complainant from the hones, and she was forced to live in a hot. Mr Longhreyeaid as he was instructed Henry Zimmerman had been invited to tbe place by complainant. Ho pressed for the adjournment, and Hie Worship granted a remand to Sept. 11, on the dietinot nhdentanding that defendants were to at once vacate the promisee.

LYTTELTON. Monday, Sept. 4.

(Before J.T. Bouse and J. W. Smith, Ssqs ) DIBOBDEBLY CONDUCT IN A BAKwiY Oaesiagb.— Joseph Sparks was charged with this offence. Mr Quirk gave evidence to the effect that on Saturday last he wae coming through to Lyttelton by the train when accused entered the carriage with aiwsg on hie back, having an axe attached thereto. The ' axe out Mr Quirk’s hand as ao> euied pushed part him, and on hie remonstrating with accused, accused be* came very violent and used very threatening and abusive language to him, putting hie fist in his face, and threatening to strike him. Two other witnesses gave similar evidence, and Constable Oleary stated that when arrested accused resisted very violently. The Bench fined accused 40s, or iadefault 14 days’ hard labour, and 4s witnesses’expenses.

KAIAPOI. , Monday, Sept. 4. (Before C. Whitefoord, Eiq., 8.M.) Labobny MOM A SHor.— Joseph Herd, alia* Perrin, and John Barnes were charged, on the informational Mr T, Weston, with the larceny of a flitch of bacon from the shop of Messrs Weston and Humphries. Sergeant M’Donald Stated that from Information received he went to the house of J. Herd and informed him that a# a larceny had been Committed near where he (Herd) bad been seen standing, he wished to sec if any bacon was on his premises. Herd die not raise any objection, and Constable Leahy found a piece of bacon under hie bedclothes in the bunk in which he had been sleeping. He stated that he had got it from Barnes, who had come to his home with a whole flitch and had shared it with him. They then proceeded to Barnea’ home, In company with Mr Weston, and' on asking Barnes for the bacon, he produced the other half from an out-house. On the way to the station home he expressed regret that he had taken it, and said that Perrin was in his company when he took it.' George Gibbs, a groom "at Burnip’e stablei, etated that he heard doge barking shortly before midnight, and on going onit he saw four men near Pinohing’e right-of-way, one of whom wae Perrin. About five minutes afterwards witness was called by Mr Westod, who stated that he had been robbed. T. W eaton stated that shortly before midnight he heard his shop window being moved, and then heard a thud, as if something heavy had fallen ' against the window. He went down into the shop, and found that a side.of bacon had goneand that the window woe opened. The window was not fastened when he went to bed, and by. lowering it a man could easily reach the bacon. Witness identified the piece of bacon produced as the one hanging in the shop. . He knew it by the string, but the. bacon had been out, and the two pieces exactly fitted. Constable Leahy Corroborated the sergeant’s statement. The aoouied pleaded guilty. The Rev D. 0. Hampton gave Barnes a good character. The Bench sentenced Herd, uKos Perrin, who had been’before the Court on several previous occasions, to three months’ imprisonment, and Barnes to two months. Civil Case. —H. B. Daniell ▼. Fetow (Maori), claim £43 14s 9d. Adjourned for a week, ' . .