MAGISTERIAL.

Lyttelton Times, Volume LXXV, Issue 9310, 13 January 1891, Page 3

MAGISTERIAL.

CHRISTCHURCH. Monday, Jan. 12. (Before E, Westenra and F. A. Bishop, Esqs.) Larceny.— George Thomas Carey, on remand from Saturday for the production of a report from the Probation Officer, was defended by Mr Caygill. The Bench remarked, after reading the report, that it was a very good one, and under the oircircumstanoes and his previous good behaviour, they would place him on three months’ probation. Accused to pay the coats of the case, 4a. (Mr Beetham here took his seat on the Bench.) Indecent Literature.— -Henry Message was charged with issuing for distribution an indecent print. Mr Stringer appeared for the accused and admitted the distribution of the book in question, “ The Science of Life,” by Professor O. S. Fowler, but contended that it was not of an indecent character; and quoted authorities. The Bench reserved their decision. Maintenance Case. —Charlotte Elvines applied for an increase in the amount of an order of the Court, made on June 24, 1886, against Frank Elvines, her husband, to pay 7s 6d a week towards her support. Mr Gresson appeared for the applicant, Mr Widdowson for the defendant. Mr Widdowson pointed out that the present application was made under section 4 of the Amendment Act, 1886, which came into force on July 30, 1886. There was no power under the previous Act by which orders made under it could be varied, and he did not see how the variation clause in the Act of 1886 could be made retrospective as to orders made under the previous Act. Mr Gresson replied, and the objection was over-ruled. Applicant stated in evidence that she had been married eleven years, and was shortly after separated from her husband. She lived in a small shop on a half-acre section on the North Town belt. This property was mortgaged for .£2OO, and the arrears of interest were £SO, and the mortgagees were about to foreclose. She was invalided, and, with the exception of the order, destitute; as the shop brought in only a few pence a week. Frank Elvines, defendant, said that until recently he was in the railway employ as a carpenter at 9s a day. Was now on strike pay, when he got it. Gave his wife the property, on which only .£9O was due when he gave it to her. In his opinion it was now worth .£4OO or £450. He had a daughter living with him, and had to borrow £25 from her to keep them. Corroborative evidence was called as to the value of the property, and the order was increased to 15s a week. Civil Cases. —Mason, Struthars and Co. v? Taylor and MlNaughton, claim £7 10s 8d; judgment for plaintiff by default.— T. Coulter v. W. H. Coulter, claim £l4 ss. Mr Lane for .plaintiff, Mr Clayton for the defence. Plaintiff claimed for a balance of a sum of £29 sa, lent to defendant (his brother). Defendant, between whom and plaintiff there appeared to be a good deal of bitterness, acknowledged the receipt of all the money, but stated that he had repaid plaintiff £25 early in August, instead of the £ls, of which he acknowledged the receipt. Plaintiff, recalled, repeated hia evidence, and judgment went for plaintiff for the full amount of the claim and costs.—Bowden v. Mills, claim £10; judgment summons. Mr Caygill for plaintiff. The hearing of this case was adjourned, to enable plaintiff to attempt to show that defendant had any property in the lease of the premises occupied by him. Defendant stated that when he had paid £3O, the lease would have belonged to him. Was to have made these payments at the rate of 10a a week, or £2 a month. Had paid all but £3, when the property was seized by the trustees of Stark’s estate, owners of the property, on account of unpunctuality in these payments. Mr J. L. Wilson, auctioneer, gave evidence as to the sale of the property. Hugh Walker, trustee in Stark’s estate, swore that defendant was in arrears with his payments since November last. Defendant was still in possession. N. K. Bowden, plaintiff, said he would take defendant’s interest in the property as against the debt. Order made for immediate payment of the debt, but the order to be suspended for a fortnight. The usual penalty of imprisonment in default of payment.

KAIAPOI. Monday, Jan. 12. (Before G. H. Blackwell, R. Blakeley and J. L. Wilson, Esqs.) , Breach of the Fisheries Act.— John Barnes and George Newman were charged with breaches of the Fisheries Act, alleged to have been committed on the night of Sept. 30 last. Mr Spaokman, who prosecuted on behalf of the Acclimatisation Society, opened the case by pointing out to the Bench that the case had been heard, and evidence taken, on Oct. 4, under Section 64 of the Act, and warrants had been issued for the arrest of the prisoners, who had absconded. In reply to the Bench, J. Barnes pleaded “ Guilty.” Mr Spaokman said he would ask their Worships to take the charge of illegally using a net against Newman, who did not plead guilty. Robert Dunn deposed that he saw Barnes and Newman putting nets into a sack on the evening of Sept. 29. He saw them put the sack into a boat and proceed up the river. The net had been stolen out of hia garden some time before it was found in Barnes* possession when the police arrested him. Geo. Wright deposed that he saw two men in a boat on Sept. 29. Recognised Barnes by bis voice. • Was with Constable Burke on that night. They both went up to the Tpnin drain where they saw two men in a boat just above the railway bridge. This was about 2 a.m. They laid in wait behind the embankment near Blackwell’s landing,, where Barnes was caught. The other man got away with the boat.' Followed the man in the boat, going along the embankment, but lost him while trying to find another boat to follow him. Constable Burke and witness examined the bags taken out of the boat at the landing. One sack contained wet nets; another some fish, among which were trout; and the third sack seven cauliflowers. Barnes told us that Newman was with him. Newman, sworn, stated that on. the night in question he met Barnes, who asked him to go fishing with him near the Girder bridge. He declined, knowing it to be illegal. Later on he again met Barnes, who persuaded him to come and pull the boat. He consented, but had nothing to do with either setting the nets or taking them up. To Mr Spaokman.* We went up about 8 p.m., returning to Kaiapoi about 9.30. We afterwards went back to take up the nets. Did not see what fish Barnes took out of the nets. After returning to Kaiapoi, and landing Barnes and the sacks at the landing, took the boat back to where we got it. Left Kaiapoi before a summons was served on me. Went to Kaikoura for work, and have been there ever since. In reply to the Bench, the police stated that no previous conviction stood against Newman. Barnes had been convicted of larceny some years ago, for which he was sentenced to two months’ imprisonment. Mr Spaokman said that Barnes had, at his own request, been appointed Ranger some time ago, but the appointment had since been cancelled. After some consideration the Bench decided to fine Barnes £lO and costs, in default two months’imprisonment, Newman to be fined £2 and coats, in default fourteen days. At the request of the prisoners, the Bench allowed them one week each to find the money. Barnes and Newman were then charged with stealing seven cauliflowers of the value of 2s, from the garden of S. Menier, on the night of Sept. 29. Barnes pleaded “ Guilty.” The case against Newman was withdrawn. After hearing Barnes in defence, the Bench sentenced him to seven days’ imprisonment.

ASHBURTON. Monday, Jan. 12. (Before D. Thomas and A. Harrison, Esqs.) Drunkenness.— James Bradley pleaded Jbejngi .jinmk*. ( E9r-?waa£lßO

charged with resisting the police in the discharge of their duty (his second offence within six months). Constable M'Gill and Sergeant Moller gave evidence showing that the accused had been very violent and abusive. Sentenced to seven days’ imprisonment.