MAGISTERIAL.

Lyttelton Times, Volume LXVII, Issue 8192, 10 June 1887, Page 3

MAGISTERIAL.

CHRISTCHURCH. Thoesday, June 9,

(Before R. Beetham, Esq., R.M., and E Westenra, Esq.)

Drunkenness. Donald M'Kay, who was suffering from the effects of drink, and did not appear, was remanded for three days. Alleged Larceny. —John and Elizabeth Wason were charged with stealing various small articles, the property of Charles W. Morten, at Heathcote Valley, on June 6. Mr Pender said Wason had left the place and gone to Irwell. Morten was leaving the place, and had to account for the things to his uncle, the owner of the estate. The Inspector knew nothing of the man. The Bench remanded the case till the following day, for a report from the Probation Officer.

Breaking Into and Stealing.—Margaret Ellison was charged with breaking into and stealing one jacket and one piece of calico from the dwelling of Mary Kennedy, Horatio street, Christchurch, on June 7. The charge of breaking into was not pressed. Mrs Kennedy, in her evidence, told how she went into the town on the day mentioned, and on coming back, missed the things. Accused said she was drunk at the time. Ellen Muir said she lived opposite Mrs Kennedy's. Accused came to her and asked where Mrs Kennedy lived. Witness told her, and then saw her knock at the door. Mrs Kennedy was out, and she saw accused get through the back window. Detective Neil deposed as to the arrest of the accused. She was wearing the jacket and carrying the calico. Accused was sentenced to three months’ imprisonment.—Joseph Kelly was charged with breaking into and stealing from the shop of James Heslip, High street, on May 24, two pairs of boots value £2. James Heslip identified the boots, and gave evidence as to when he last saw the articles. Maurice Heslip, his son, said he was homo before his father on May 24, The articles were missed from the shop next day. Maurice O’Connor said he saw accused in the cellar of the Hereford Hotel on June 7. Witness asked where ho got tho boots from. Accused said he bought them from a man at the White Hart Hotel for ss. Witness took him to Hislop’s, and the boots were identified. Mr Pender said the charge would be made one of stealing only. Accused said ho had been working at Yaldhurst. Mr Pender said the man was not known to tho police. Accused said he did not know the man ho bought the boots from, as he was drinking at the time. The Bench said accused would have the benefit of the doubt, and be discharged. Miscellaneous. —William Dyson, for having false scales, was fined 10s.—John Graham was fined 20s, for having a 4lb, 21b, and 11b weight defective ; the weights ordered to be forfeited. —John Armstrong M'Gee was fined 20s, and to forfeit the article, for having a false spring balance.— Thomas Forrest, for having 41b, 2lb, and 11b weight all light, fined 20s, and forfeit.— Thomas Hallitt, for having a light machine weight in his possession, was fined 20a, and forfeit.—Joseph Jones for having a false weighing-machine in his possession, was fined 20s, and forfeit. Dogs. —Charles Weir was fined 10s and costs for having an unregistered dog in his following. Frederick Mills was fined 10s each, for six dogs. William Malcolm said his dogs were under age, and the case was adjourned for the production of evidence, Andrew Donohue proved that his dog was registered, and the case was dismissed. The following were fined : —Margaret Evans, 10s; Francis F. Lockwood, 30s j .1. Nankevill, 10s; E. Lucas, 10s; E. Hassall, 10s ; E. J, Lewis (two dogs), 20s ; J. Woodford, 10s; Thomas Widowson, 10s ; S. Needham (two dogs), 20s; J. Rigelsford, 10s; W. P. Reeves, 10s; John Merson, 10s. Leaving Tiiain while in Motion.—T. B. Craig was charged with leaving the express train at Addington while in motion on May 28. From the evidence it appeared that defendant had thought the train was stopped. Case dismissed. Crossing the Line. —A case against William Brown, charged with crossing the railway lino while the train was within quarter of a mile, on May 28, at Woolston, was adjourned at Mr Loughrey’s request till June 30.

Cattle. —William Woodward for driving six cows on the footpath, Wilson’s road, was fined 10s. Ann Quinn, one cow on Rolleston street, ss. S. Stead, one cow on Park road, ss. J. Leader, four head of cattleonAjjflMflflttMwiitor ntiriwi—

the Police. John Crew,i a cabman, was charged with obstructing] Constable Lewis in the execution of hisj duty, when the latter was arresting HiltonS Ball for being drunk while in charge of a| horse and cab in Cashel street on May 25. Mr Stringer defended the accused. Lewis said he was interfered with by the accused, , but he did not notice that his coat wasi torn until he got back to the town. Crew was not violent, but simply tried to detain witness. Crew was also charged with damaging Constable Lewis’ coat, valued at X 3 2s. The evidence also showed that accused when Ball was being locked up was obstructive and had to be removed from the lock-up. Mr Stringer said that Crew got excited about Ball being arrested. Ball was not very drunk, but was trying to take home another man who was drunk. ,Cas'd dismissed as regards damage to the uniform, fined 20s on the charge of obstruction. . •waß" flllargeiP with leaving Sophy Darnell and four children without visible means of support. His wife asked for a protection order and an order for maintenance. Accused, who had been brought from Napier, said he would have provided for the support of his children if he had any money. Prosecutrix said that she, with the assistance of her sister and the Charitable Aid Board, had kept the children. She did not wish to press the charge. Case dismissed, defendant being cautioned that ho miist provide for his family or suffer the penalties of the law.

Alleged Illegal Impounding— William Sly, poundkeeper at Springston, was charged with illegally impounding seven head of cattle, the property of John Bruce. Mr Stringer for complainant; Mr Martin for defendant. From the evidence it appeared that complainant’s son, Murdoch

Bruce, was shifting the cattle at Weedon’s from one field to another. The gate had a barb wire across the top, and after the boy had driven the cattle into the road ho turned round to fix up the fire, when Sly rode up and impounded the cattle. The defence was that Sly was driving a mob past the place, and saw Bruce’s cattle in the road, there being no one in charge of them. Before they got to the Pound, Bruce’s son came up and released the cattle, paying the fees without protest. Replying to Mr Martin, defendant said he did not see the boy until after he began to drive the cattle. The Magistrates held that primA facie the cattle were astray. Case dismissed with costs. Bbewert Cases. —George Pitts, of St Albans, brewer, was charged on the information of Alexander Rose, Collector of Customs, with not having his name and the capacity of the cask branded on certain casks on May 20, with neglecting to affix and cancel a stamp on a three-gallon cask, with withdrawing beer from a cask without destroying the stamp, with having no stamp on two three-gallon casks and a twogallon cask. Henry Cooper, of St Albans, carter, was charged on the information of Alexander Rose, Collector of Customs, at Christchurch, with withdrawing beer from a cask without destroying the stamp affixed thereon. Mr Martin for prosecution; Mr Stringer for defendant. All the cases were taken together. The offence of not branding a cask under Section 38 of the Act was admitted. Mr Martin said the cask had been in Pitts’ possession for over a year without complying with the Act. Mr Martin then took the cases of using three three-gallon casks and one two-gallon cask without affixing a stamp thereon; and also with withdrawing beer from a cask without destroying a stamp affixed thereon. Alexander Rose, Collector of Customs at Christchurch, sworn, said Pitts was a brewer carrying on business at the Springfield Brewery, at St Albans. On May 20 witness went to Pitts’ brewery with Constable Flowellyn. At the bottling store found a man named Dawson, bottling beer from a hogshead with the head knocked out. There was another cask on the skids without any brand on it, and beer had been withdrawn from it into another cask without cancellation of the stamp. Pitts admitted that this had been done for bottling. Ho afterwards corrected himself, and said that he thought the carter had done it. Pound that the beer had been drawn out by a syphon through the bung-hole contrary to the Act. Witness drew Pitts’ attention to these breaches of the Act, and said that he intended to impound the cask. Pitts said he had only shifted the cask from the brewery to the bottling-house. He admitted that the cask had been in his possession from Dec. 9, 1885. There was no record of the cask having been taken from the brewery to the bottling department. Witness balanced Pitts’ stamps, and found that he had three three-gallon and one two-gallon stamps in excess, value 2s 9d. Witness impounded the stamps. To Mr Stringer: If a brewer is short of stamps, it shows that he has issued stamps without crediting himself. He had in some cases allowed this to be done. A witness named Dyer said he was in Pitts’ employ, but did not draw any beer from the cask in the bottling - house. Henry Cooper said he had received instructions from Mr Pitts not to bring any casks back from the bottling-house without having cancelled the stamps. In this particular case the stamp was loose. Witness drew out the beer, and replaced the stamp. This was the only time he had ever done this. To Mr Stringer: He had intended to have cancelled the stamp before returning the cask to the brewery. Pitts told him to drive the tap always through the stamp. The reason he did not in this case was because ho could not finish the cask. Mr Martin would only press for a substantial penalty in one case. Mr Stringer thought that in the face of the possibility of errors in keeping stamps, the Bench should not convict on the mere evidence of defendant being 2s 9d over in his stamps. The case of issuing the cask into the bottling department he thought only called for a small penalty, and was admitted by the defendant. In the case of the cancellation, he thought that, apart from the case of Newman v. Jones, there was no actual knowledge of the breach of the Act. If any one was liable for the offence it was the man Cooper, who was conducting the bottling. George Pitts swore that he had never, to his knowledge, sent out any beer without it being stamped. Some time since he lost some stamps, and had entered them up as beer issued. Witness had given Cooper instructions to always cancel the stamps. Cooper pleaded guilty to tho charge of drawing beer from the cask without cancelling the stamp. Mr Beetham said he would give judgment in the case on the following day. Assault.— Harriet Lamb was charged with assaulting one William Barshdt. Mr Stringer, for the complainant, detailed the affair, and said that Barshdt did not wish to press the case if defendant promised not to repeat the offence. This she did, and the case was withdrawn. Insults.— Frederick Ward was charged with using insulting language to Elizabeth Alice Pratt, which might have caused a breach of the peace. After hearing the evidence, the Magistrates inflicted a fine of 10s.

Desertion. —Charles John Gilligan was charged with deserting his two children, and a warrant was ordered to be issued for arrest.

Altered Larceny. —James Anderson was charged with stealing a sealskin bag, containing .£6 10s in cash and a Bank of Now Zealand cheque for £o Os lid, the property of George Frederick Martin, of Fendalton. Accused was remanded till the following day, and was admitted to bail.

OXFOED. Thursday, June 0.

(Before

11. Horrell, Esqs.)

Civil Cases. —P. Hanrahan v. E. Johnston. Claim £lO, on a dishonoured cheque. Judgment by default. —Same v. A. Pickering. Claim ,£1 5s 6d. Judgment summons. Ordered to pay the amount at the rate of 5s per month; or, in default, one month’s imprisonment.—H. Simpson v. W. Holbrook. Claim 7s, for pounding cattle. Judgment for amount claimed.