MAGISTERIAL.

Lyttelton Times, Volume LXVIII, Issue 8329, 17 November 1887, Page 3

MAGISTERIAL.

CHRISTCHURCH. Wednesday, Nov. 16. (Before E. Westenra and C. Louisson, Esqs.) Drunkenness.- —A first offender was fined 5s for being drunk in Hereford street. Alleged Fraud. —William Soppett was charged with obtaining the sum of £1 4s 6d from Margaret Heath, by means of a valueless cheque. Mr Pender said there were other charges of the same nature against the accused, but the police were not prepared to go on with them. Accused was remanded till Friday next. (Before K. Beetham, Esq., K.M., and H. J. Hall, Esq.) Civil Cases. —Judgment was given for the plaintiff by default with costs, in the following cases:—Slierrard v. Brown, claim £3 IGs Id ; Deacon v. Brown, claim £4 4s; Pentecost v. Dodd, claim £1 lls 6d. A Contractors’ Dispute. —Russell v. Haskett, claim £7B ss, balance due on a building contract. Mr Stringer for the plaintiff; Mr Holmes for the defendant. The plaintiff’s case was that he entered into a contract with the defendant to build a house and shop, the price to be £438, Mr Jacobsen was the architect, and portions of the building were sub-let. When completed the defendant deducted £7B 5s (the amount now claimed) from the original amount on account of certain portions not being done according to the specifications. (Specifications put in.) Mr Jacobsen superintended the work, and on its completion the plaintiff applied several times for a certificate, but did not get one. Afterwards Mr Jacobsen wrote one out and addressed it to Mr Haskett. (Certificate put in.) Mr Stringer argued that the architect as arbitrator between the parties was responsible if they were not carried out, and the defendant should have made the architect responsible, as he had given a certificate to the plaintiff as to the due completion of the work. Mr Beetham said he would decide the case on its merits, and not on legal grounds. Evidence for the plaintiff was taken. The plaintiff and Mr Jacobsen admitted that certain alterations were made, but that allowances had been made for .some of them. Mr Holmes said that the plaintiff was to have done these works according to certain specifications. The defendant had never heard of any previous contract, or proposals of any alterations. The defendant asked the plaintiff to complete the building according to the specifications, which he declined to do. T. Tilman, architect, said the concrete floors, air grates, and the door-sill wore not done according to the specifications. Other alterations were also made which were not in the contract. S. H. Seager, architect, said he examined the building put up by the plaintiff. The concrete floors were not according to the specifications. He examined other portions, and found that the plans and specifications had not been complied with. Haskett, the defendant: Did not know of any other contract except the one in Court. Witness never told Jacobsen that he could do without him in respect to the concrete floors, and did not give instructions to have the beams and columns altered. The building was to have been completed, according to the contract, by the end of July, whereas it was not finished until Sept. 29. Mr Jacobsen, re-called, said he suspended the work four or five times, and this would account for the dolay. He had not, therefore, imposed the penalty. The plaintiff said the work was completed on Sept. 10, although the certificate was dated Sept. 29. Mr Beetham said it was a question of who was responsible for the alterations. The Bench would give judgment the next morning. LYTTELTON. 'Wednesday, Nov. 16. (Before John OLUvier, Esq., R.M., and K. Ticehurst, Esq.) Alleged Larceny. —Robert Parkinson, an apprentice on board the barque Estrella, was charged, on remand, with the larceny of a quantity of personal effects, Ac., the property of A. Gardiner, another apprentice on board the vessel, and valued, at £3 10s; and also with the larceny of goods, to the value of £1 4s, the property of A. Cowden. There was a third charge, for stealing goods to the value of 15s, the property of L. H. Tatley. Sergeant-Major Mason conducted the case on behalf the police, and the accused pleaded “Guilty.” His Worship asked if the captain of the vessel was in Court, and in reply to the question as to whether the accused bore a good character. Captain Jones stated that the lad had been on board the vessel for some time, and had borne a very good character, and had been trusted with the property of the captain. His Worship sent the accused to gaol for fourteen days on each charge, to bo put on board his ship when she was ready for sea. Obscene Language. —Mary Nicholas and J. Devine were charged with using obscene language on Nov. 12 towards Mrs Bryant, in the hearing of passers by. Mr H. N. Nalder appeared for Mrs Bryant, and Mr Bilham (on behalf of Mr Salter, who had been retained for the defence) asked for a remand. His Worship would not grant the remand; the case must proceed. Constable M'Cortnack gave evidence as to visiting the residence of the accused. Thomas Bryant, sworn, said the accused lived next to his house. On Friday last, they came home from the Show and came into witness’ house. They went out shortly afterwards, and, his wife being outside, met them, when the language complained of was used by both the accused. Witness did not send for the police. Some residents, living near, hearing the language sent for the constable. Mrs Bryant, the wife of the last witness, gave similar evidence. After several other witnesses had given evidence, his Worship sentenced the f emale accused to two months' imprisonment while the male accused would be discharged.

Stray Cattle. Mrs Rodcliffo was charged with being the owner of a horse

found on the road. She was fined Is, and costs 11s. Civil Casks. —H. N. Nalder v. Thomas Coffey. Judgment summons. Defendant was ordered to pay 10a per month until the debt was settled. W. Hatherley v. Thomas M'Donald, claim £4 Os 3d, for goods supplied. Judgment by default. TEMUKA. Wednesday, Nov. 16. (Before J. S. Beswick, Esq., RJSI.) Drunk and Disorderly. George Ramsay was charged with being drunk and disorderly in the public street. He admitted being drunk, but denied the disorderly conduct. Accused having been several times convicted of a similar offence was fined 20s and costs. Illegally Entering. —James Wilcocks was charged with illegally entering the premises of William Palmer, farmer, Orari, with intent to commit a felony. Accused pleaded “Not Guilty.” George Teague, a labourer in the employ of Mr William Badham, of Orari, said that on the evening of Monday, Nov. 7, he saw the accused walking round Palmer’s house. He (accused) looked in at the window, and tried the door. He then mounted the roof, but afterwards came down, and again looked round the premises. Subsequently saw him again on the roof, when he pulled away some sacks and got into the house. Witness went over to the hut and knocked at the door, and asked him what he was doing there. Accused said he had permission from Mr Palmer to sleep there, as his brother had taken away his tent. Witness said it was strange that Palmer had not given him the key. Palmer came home later in the evening, when witness informed him of what had taken place. Could swear to the identity of the prisoner. George Harrison, a lad in the employ of Mr Badham, corroborated Teague’s evidence as to the conversation that had taken place. William Palmer remembered Monday. Nov. 7, His hut was entered that day. Nothing was removed to his knowledge. Had never given permission to anyone to sleep in the hut. When he gave information to the police had not intended the boy to be arrested. Only desired him to he cautioned. Constable 'Willoughby (Geraldine) said that there were no previous convictions against the accused. His Worship thought the information had been wrongly laid. There did not appear to be any felonious intent, and he should dismiss the case. He cautioned accused as to his future conduct.