MAGISTERIAL.

Lyttelton Times, Volume LXXX, Issue 10215, 8 December 1893, Page 3

MAGISTERIAL.

CHRISTO HUECH. Thursday, Dec. 7. (Before J. P. Jameson and E. Hill-Fisher, Esqs.) Drunkenness. —Two first offenders were fined rsspectivaly 5s and 10s with coats, in default the usual alternative. Alleged Forgery and Uttering.— William Gregory JBallantyno, on remand, was charged with having on Nov. 4 forged the name of J. Ballantyne to a cheque for £6 10s on the Bank of New Zealand, and uttered tho same to Henry Oakey, of Colombo street. Tho accused admitted the charge. Henry Bertram Oakey deposed that his father kept a tobacconist’s shop in Colombo street, and witness assisted in the shop. On Monday the accused came in and bought a pipe and gave in payment tho cheque produced. The witness gave the cheque to his father, who gave accused tho change. When witness took the cheque to the Bank it was returned marked “ signature unknown.” On going to Messrs Ballantyne and Co., witness found that it w.is nob their cheque. Tho police were then informed. Josiah Ballantyne, a member of tho firm of Ballantyne and Co., stated that the cbequo produced was not issued by his firm, which had no account at the Bank of Now Zealand. Witness’ father had an account at the Bank of New Zealand, but the signature on the cheque was noshing like bis. Arthur Bosworth, ledger-keeper at tho Bank of New Zealand, gave coroborative evidence. Constable T. Al’Cortaack gave evidence as to arresting tho accused, who at first denied tho offence, but afterwards admitted it. This concluded the evidence. Tho accused was then committed for trial at the next session of tho Supremo Court. (Before E. Beothsm, Esq., E.M.) Civil Cases. —Judgment by default, with costs, was given for plaintiffs in tho following cases:—The Official Assignee, in the estate of Harper and Co., v. W. L. Eees and G. Day, cisita £5 11a 6d; same y. C. A. Halliday, £3B 4a 6d, Mr Douglas for plaintiff; A. Kaye and H. D. Carter v. H. J. Bennett, £l3, Mr Mcares for plaintiff; T. Patrick v. J. E. Poison, £7 2i 9d, Mr Cresswsil for plaintiff; S. Cohen v. E. Lyaaght, £l4; W. Soy ! v. J. Carder, £2; E. Blackburn and C. Klingenstein ,v. G. Voice, £1 10s, Mr Creaswell for plaintiffs. The following cases were adjourned till Dec. 14:—Trades Auxiliary i Company v. E. Wicks, £3 Sa; L. D. Nathan and N. A. Nathan v. A. M’Nicol, A. J. Storey and E. P. M’Niccl, £52 10a; J. Pearson v. P. Gronschenski, £6 19a 8d; Gott Bros. v. M. J. Erooker, £1 10s; W. Langford v. O. M’Comick, £6 14a 6d. Maintenance.— ln the case of Emma Bertram v. George Bertram. Mr Fuller, who appeared for the complainant, stated that defendant had agreed to contribute £1 a week towards the support of hia wife and 10a a week towards the support of her child. His Worship made the order accordingly. Mr Eitohia appeared for defendant. LYTTELTON. Thursday, Dec. 7. (Before G. Laureuson and A. Chalmers, Esqa.) Alleged Burglary. James Northy and J. H. Lonsdale, alias Duncan, were charged on remand with breaking into the premises of W. Wales, tobacconist, and stealing therefrom goods to the value of £9 18s. The case had been adjourned from the previous week to allow the police to produce an important witness. Sergeant Rutledge called Joseph Vincent,. a labourer, who deposed to meeting tho two accused at the Supreme Court at Christchurch on Nov. 20. Witness remarked that ho was going up country, and Duncan said ha would go with witness, but must consult Northy first. Duncan also said that ho and Northy had several plants, consisting of tobacco, a gold chain nnd loaket, &c., in Lyttelton. Duncan asked witness if he smoked, and witness said ho did. All three arranged to meat in Lyttelton at six o’clock that evening. Northy and Duncan were to lift the plant of tobacco, pipes, razors, cigars, &0., and go up country. Witness agreed to go down to Lyttelton and assist them, and went down to Lyttelton.by the 4 p.m. train. They were to go down by the 6 p.m. train, but witness did not see them. When witness got to Lyttelton ho reported the whole matter to Constable Fitzgerald, and afterwards went to look for tha two accused. Saw Northy on Nov. 21 at tho house of Pearce. Witness asked Northy why ha bad not kept his appointment to meet him on the previous evening. Witness then asked Northy for tho gold chain, and Northy replied that it was “planted” under No. 5 railway shod. Witness could not, however, find the chain, and went buck and told Northy bo. Northy then came and got tho chain end locket, and gave witness the chain to sell and got money to enable them to go up country. Witness took the ehain to Constable Fitzgerald, and got £l. Told Northy, who said ho would got away from Lyttelton as soon aa possible, and arrangements were made to moot that night at six o’clock to lift the plant. Northy asked for 6s out of the £1 to enable him to go and see Duncan, who, he said, would toil tha police of the whole thing if ho (Northy) lifted tha plant without consulting him. Witneaa refused to give Northy the ss, and suggested that ho should t&ke tha things and go to Sumner with them. Northy‘agreed to this, end witness, under the pretence of getting hia swag, went and told Constable Fitzgerald of tho arrangements, and told tho constable which way they would go. Then returned to Northy, and started on the journey with him. Northy got the articles and put them into a blanket and rolled them up, Whilo on tho road they were met by Constable Fitzgerald. Northy was charged with breaking into Wales’ premises, but denied tho charge, and said it was Duncan who had dono it. To accused Duncan : Had eerved a sentence in Lyttelton gaol for refusing to obey an order of tho Court to support his children at Burnham. Sergeant Rutledge remarked that tho accused Duncan was evidently endeavouring to blacken the character of the witness, but he (the sergeant) could assure tho B.'ach chut: ho had known tho witness for twenty years, and there was nothing whatever against hia character beyond failing to comply with the order of the Court to support his children. Eh Webber, an artillery mm; stationed at Lyttelton, deposed that on Nov. 23 ho was doing police duty at Christchurch. Arrested accused in a Christchurch boarding-ncuto, nnd accused him of the robbery. Accused raid bo .knew all about it. Witness brought the accused Northy down from tho gaol to attend tho Court, sad accused asked witness if Vincent was present. When told that be was, Northy replied that he wss glad of that, and that if Duncan made any fuss about Use v:at!:?r be (Northy) would toll tha truth about the affair. This was the cjiso for the prosecution. The accused Duncan called tha Ksv C. Coates.,

who had frequently seen him in gaol, and who deposed that he'was of opinion that the man was'not quite responsible for hia actions at times. The accused had applied to.witness to attempt to got work for him when ho camo out of gaol, but witness’ efforts had proved unsuccessful. Ensign Osborne, of the Salvation Army, said that the accused had applied to the Army for assistance when he came out of gaol, and arrangements had been made to send him to Auckland. He was to have gone on tho day after ha was arrests*! on the present charge. The Army, was now prepared to carry out its plan, and send him away if the man was willing to mend bis wayo. C. Kirkpatrick, manager of the Union Bank of Australia, was also called by Duncan, and deposed that tha man. had called upon him, and expressed a desire to earn an honest living, and asked for his assistance in getting him work. Witness knew nothing of the case. Both the accused then reserved their defence, and were committed for trial at the next sitting of the Supreme Court. ASHBURTON. Thursday, Dec, 7. (Before C. A.’Wray, Esq., E.M.) Civil Cases!— W. Horne v. W. Green, claim £3l6s,.balance .of a promissory .note endorsed’’ by defendant.' ‘Mr Cufchbertsoa for., defendant. Judgment for plaintiff for" the amount claimed.—E. Alcorn v. J. Simms, claim 2s 6d, for goods supplied, judgment for defendant.