MAGISTERIAL.

Lyttelton Times, Volume LXVII, Issue 8148, 20 April 1887, Page 3

MAGISTERIAL.

CHRISTCHURCH. Tuesday, April ID. (Before R. Beetbam, Esq., E.M., and R. Westenra, Esq.) Larceny,— John Bird, an old man, was charged with stealing a razor, value 5?, from Agenore Dupuis’, on April 13, at Christchurch. Prosecutor said he was a barber in Armagh street. On April 1H his boy shaved accused, and when the man went out witness missed the razor produced. It was not his property; it belonged to a man named Smith. Saw the razor next in the possession of Detective O’Connor. Detective O’Connor said he found the razor in a bag over the head of the b»d, in an old hoqse in Oxford Terrace, in which tho man lives. There was no one in when he went at first, but on going again at 11.30 p m.’found accused at home. He said when asked about it that he never got shaved in a barber’s stop, that the razor was his, and he had had it for three years. Dupuis’ son, who was called, identified the accused as the man who was shaved, and the razor as the one missed from the shop. Accused adhered to his statement that the razor was his. Sentenced to one month’s hard labour. Civil Cases.— G. W. Bryenton v. J. O’Malley, claim £3 Is ; adjourned to April 27. —Thomas Hughes v. Charles Wooding, claim 15s; judgment for plaintiff by default. RANGIORA. Tuesday, April 19. (Before C. Whitefoord, Esq, R.M. ; A. H. Cunningham and H. Blackett, Esqs.) Breaches of Weights and Measures Act. —On the information of the Inspector of Weights and Measures, Thomas M'Kelvie, George Cone, R. Newbury, H. Vallance,G. Luxton, and W. Wilson were charged with having incorrect weights and measures in their possession; W, Kennedy and J. Vallance with having unstamped spring balances; Alexander M’Lean, one spring balance light. Mr Helmore appeared for E. Newbuiy, and stated to the Bench that the weights found light were those used in the bakehouse for weighing up the ingredients of articles made. The weights in the shop were perfectly correct, consequently the public could not suffer from those used in the bakehouse. When tho Inspector made his visit the weights had dough and flour upon them, and after scraping them they proved slightly short in weight. Mr Newbury had been in Eangiora for eight years, and during that time the Inspector had not visited the town to adjust the scales. The Inspector gave evidence to the effect that he simply knocked the weights together to lid them of flour, and with the dough upon them they were still short. G. Cone, in defence, said that his weights had been tested every year during the time he had been in business ; and, in this instance, the shortness in weight had b-en caused by a small piece of lead coming oil the bottom of the weight. He pointed out that it was very hard in a case of tne kind that the weight should be ordered to be forfeited, stung that it broke a set. His Worship said that the Act allowed no alternative to the fot feiture of the weights. There appeared to be some misapprehension on the part of tradesmen respecting the mode of procedure in h&ving their scales tested. The proper way to obtain the services of the Inspector was for not less than five to band together, and invite him to visit the town, guaranteeing him his expenses. Evidently the present breaches of the Act had not been wilful, and a nominal fine of Is, and expenses, 7s, in each case would be recorded.—A case against J. Roberts, for having two unstamped pint measures, was dismissed, defendant proving to the satisfaction of the Bench that the tankards were used only in the private part of the house. Civil Cases —Judgment for plaintiff by default was given in the following cases tProperty Tax Commissioner v. F. C. Lock, claim £3 3s ; J. Anderson v. Uru (a Maori), claim £ll 6s 7d.—J. Murfibt v. Simeon, junr. (Maori), claim 17s Gd, judgment summons. Defendant promised to pay within a month, and the case was ordered to stand over for that period.—Same v. Simeon, senr. (Maori), claim £l 10s Gd, judgment summons. Defendant did not appear, and an order was made for the payment of the money within a fortnight; in default, two weeks’ imprisonment.— W. Noble v. N. S. Vale, claim £4. Is Id, £3 paid into Court. Mr Gresson for plaintiff ; Mr Helmore for defendant. Judgment given for defendant. —N. S. Vale v. W. Noble, claim £3B- 12s Gd, damages for injuries, medical attendance, and loss of time and business caused by an assault committed upon him by defendant. Mr Helmore for plaintiff; Mr Gresson for defendant. The witnesses were ordered out of Court. Plaintiff, a wheelwright, stated that he was a tenant of defendant’s, who is a blacksmith, and occupied the shop adjoining defendant’s; a door leading from one shop to the other. On .Feb. 18 an altercation took place, respecting money matters. Afterwards defendant came into witness’ shop and made some remarks about a pair of wheels which were being made. Witness told him that he did not wish him to have the wheels, so he need not say anything about them. He also ordered him to leave the shop. Defendant thereupon struck witness in the mouth with his fist, and followed up the blow by throwing him down. In the fall he came in contact with the corner of a tool chest, and injured his side. He gave defendant no provocation, and had no time to resist the assault. The injuries witness received were such as to necessitate medical aid, which was given by Dr Clayton. Witness was laid up for five days, and could not work for about five weeks, during which time his business fell off, and he was compelled to employ two men to take his place. Cross-examined by Mr Gresson : The quarrel arose over defendant refusing to pay witness money, fer which he had given him a receipt. Witness was perfectly sober when the assault took place. He made no claim for damages previous to this case. J. Wheeler, I apprentice of plaintiff's, gave evidence, in which he stated that he saw Vale push Noble in the stomach before Noble struck him. Dr Clayton, who attended the plaintiff, stated that his injuries consisted of cut lips and a severe contusion of the ribs on the upper part of the left side. He ordered him to remain in bed for a week, but he was up in less than that time. He attended him from Feb. 18 to March 29. Vale was was certainly not sober when he came to him just after the assault. W. Noble, in defence, stated that he went into Vale’o shop, to speak to hiin quietly about the money matter they had previously had words about. Vale commenced to swear at him, and ordered him to leave the shop. He also struck witness in tho stomach with his fist. Witness not wishing to have any further row, took the matter quietly, and cautioned plaintiff not to repeat the blow. Vale used .further violent language, and took hold of witness, whereupon he struck him in the mouth with the back of his hand. The blow overbalanced plaintiff.

who stumbled up against a bench. Plaintiff was back to the shop on the following Wednesday, but did not make any complaint to witness respecting his injuries, or say that he intended to claim damages. C. Evans, an employee of defendant, corroborated this witness in part, and stated further that Noble did not use any bad language towards Vale further than calling him a rogue, but the latter swore at Noble. In his opinion plaint'ff was decidedly the aggressor. The scuffle took place over the wheels. W. Compton, another employee of defendant, gave somewhat similar evidence, but stated that Vale sustained the injuries by falling over one of the wheels before referred to. The Bench considered that the affair was a discreditable one to both parties. The evidence of the witnesses was not at all satisfactory, but Noble, though having received some provocation from plaintiff, acted in a more violent manner than the circumstances warranted. Judgment would be for £2 damages, with costs —Thompson v. A. Simpson, claim £3 18s, rent of shop in High street. 6s paid into Court. Judgment given for the amount paid in, and costs.