MAGISTERIAL.

Lyttelton Times, Volume LXXVII, Issue 9700, 14 April 1892, Page 3

MAGISTERIAL.

I CHRISTCHURCH.. , ' .. . WTDNEkDAY, April. 13. (Before R. Westenra and Chas. Hull, : Esqs.) ■ Drunkenness. —Henry Hulse, Edward Thompson and John Maher were each fined os, or in default twenty-four hours’ imprisonment. Larceny. —Alexander Hepburn, aged nine years, was charged with the larceny of a box of soap, value .3s, the property of the New Zealand Farmers’ Co-operative Association, on April 10, at Sydenham; he was also charged with, stealing a whip, the, property of Mr Off wood.' It was stated that the .accused ; was an incorrigible child, sleeping out at night, and otherwise misbehaving himself. The Bench ordered him to be brought up to-morrow.— Thomas MTlroy, eleven years, and Barnett M'llroy, nine years, were charged with stealing coal, the property of Mr Horner, Papanui. It was proved that the mother of young M'llroy was not capable of looking after the boy, and the father was away in the North Island. Both boys were ordered to be brought up again tomorrow. Indecent Exposure.— Robert Dunn was charged with this offence, which was proved, and he was sent to gaol for three months with hard labour. Cabmen’s By-law. —Thomas Bradley was charged by William Henry Gil bs with preventing him from getting a fare. The defendant said that he had been specially called and, this being corroborated, the Bench dismissed the case. Illegally Shooting Game. James Jones and David Crump were charged that on March 31 they did illegally shoot game, to wit a duck, at Lake Ellesmere, Mr W. H. Spackman prosecuted for the Acclimatisation Society. . Jones pleaded “ Not guilty,” and Crump admitted the charge. Constable. Simpson, stationed at Leeston, said that on March 31 he heard shots fired about 7 p.m., and at once went to the spot and saw one Of the accused with guns and a duck in his possession. Constable Wearing gave corroborative evidence. Jones, in defence, said that he was in company with four more on the day named, but denied shooting the duck. The Bench dismissed the charge against Jones, but fined Crump £5 and costs.

LYTTELTON. Wednesday, April 13. (Before R. Beetham, Esq„ R.M.) Drunkenness. —A first offender was fined ss, or in default twenty-four hours’ imprisonment. Assault. —Robert Christensen, a seaman on board the barque Portia, was charged with assaulting John Griffiths, the captain of the vessel. There was a cross action brought by Christensen against the captain, John Jones and Griffiths Jones, chief and second officers of the vessel, for assault. Mr Joyce appeared for thei captain.- Captain Griffiths said that on Saturday last the chief officer was given money to distribute amongst the prew. Accused Christensen had been in gaol during the week, and was therefore not entitled to 1 any money. The money was refused when Christensen applied, and thereupon Christensen made use of g obscene language and struck the witness, who returned the blow in self-defence. Mathew Jensen, steward of the vessel, and the chief, and second officers gave similar evidence. This was the case against Christensen. In the cross action Christensen stated that he applied. for money on the Saturday night, when the other men were getting their money. The Captain refused to give witness any cash, and witness then used bad language, and said he would not work again. The Captain then put witness out, and struck him. The chief officer and second officer also struck witness. Other evidence was given, and Christensen was sent to gaol for one month, and was ordered to pay out of the amount due to him the costs of the present proceedings. The cases against the officers were dismissed. CivilCase.— C.H.Rowev. A. Ayrey, claim £%, interest due on a promissory note. MrNalder appeared for defendant. This was an action to recover six months’ on a. promiaaoryfnota which

had been endorsed by defendant. Plaintiff had got judgment and recovered for the amount from the drawer of the note. Judgment was given for the defendant. Charge against a Constable.—Thomas Joseph M'Cormack, police constable stationed at Lyttelton, was charged, on the information of Inspector Pender, with being guilty of misconduct as a constable in making use of scandalous and injurious language concerning and towards Mrs Annie Wassell, of Lyttelton, being a breach of the Police Regulations. M'Cormack pleaded “ Not guilty/’ and was defended by Mr H. N. Nalder. Mr T. 1. Joynt appeared for Inspector Pender. After considerable discussion between counsel and his Worship as to which clause of the Regulations the case was to he heard under, it was decided to amend the information by adding the words, " being guilty of insolent and indecorous behaviour/’ Mr Joynt called Inspector Pender, who said he had charge of the district; The complaint against Constable M'Cormack was made by Mrs Wassell, and witness proposed to hear the case as provided by regulations 42 and 43. M'Cormack objected, and wished for the present proceedings. Annie Josephine Wassell, wife of Charles Wassell: Was married in August, ■ 1889. Was employed at the Lyttelton Hotel as barmaid. Constable M'Cormack was a relative of witness’. About March 15 M'Cormack came into the bar and charged witness with improper behaviour. He was drunk at the time. Witness had asked defendant on the previous day to come along to the house, as she wished to ask him whether or not he bad made use of the language she had heard about. The language then complained of was used. He was in plain clothes on the first occasion, but came in next day in uniform and repeated the language. Witnesses were present upon each occasion. The witness was crossexamined at some length by Mr Nalder. She admitted having asked M'Cormack to call her Miss Wassell, and not to tell anyone she was a married woman. Several witnesses gave evidence which had not much hearing on the case. One witness, a barmaid, said that it was usual for barmaids to go under their maiden names. Mr Nalder, for the defence, called Constable T. J. M'Cormaek, who said that Mrs Wassell was a cousin of his. Some little time ago Mrs Wassell went to the British Hotel, and she then asked him to tell people she was not married and to call her Miss Wassell. A few months ago she accused witness of telling people that she waa married and witness denied it. On the night of March 10, witness went off duty at nine o’clock and met Captain Abbott. Upon passing the Lyttelton Hotel Mrs Wassell called him in. Several others were in the room. Mrs Wassell opened the conversation by accusing witness of circulating reports about her. Witness denied having done so. Sergeant O’Malley, sergeant in charge of police at Lyttelton: On March 10 Constable M'Cormack left duty at 9 p.m. He was sober when he left duty. He was on duty next day from 5 ami. till 9 a.m., and was sober. M'Cormack was a sober man, and a good constable. He had been .at Lyttelton for four years. His Worship said the root of all the evil appeared to bo' that M'Cormack had told people that Mrs Wassell, his cousin, was an unmarried woman, which, according to her own evidence, she had particularly requested him to do. The evidence was very conflicting throughout, and he had not the least hesitation m saying that the case had not been proved; in fact, the evidence had not disclosed anything that could possibly detract from M'Cormack’s position as a constable.

ASHBURTON. Wednesday, April 13. (Before Alfred Harrison, Esq.) Alleged Wipe Desertion.’—William Gray waa remanded till April 21 on a charge of wife desertion. ' - . ’ False Pretences. James Scott, a cripple, was charged with obtaining the sum o! five shillings from William Anderson, a saddler, of Ashburton, by means of false representations; -After toeing duly cautioned, and-promising to pay -back the amount obtained, accused was discharged.