MAGISTERIAL.

Lyttelton Times, Volume XCVIII, Issue 11368, 8 September 1897, Page 3

MAGISTERIAL.

CHRISTCHURCH. Tuesday, Sept. 7. (Before Air E. Beetham, S.M.) Drunkenness. —E. M’Cready, for being drunk while in charge of a horse and cart, was fined 10s, in default forty-eight hours’ imprisonment. Laying Totalisator Odds. — P. Franklin, a hairdresser, was charged with having, on the Eiccarton racecourse, on August 12, laid totalisator odds on Levanter in the Grand National Steeplechase. Mr Stringer conducted the prosecution. Air Beatty appearing for the accused. John Erwin gave evidence that on the day named he remembered putting half-a-crown , on Levanter with a man who said he was paying out on the machine. Witness received,a ticket (produced); afterwards, when Levanter won, could not find accused. The dividend paid by the machine was .£l3 17s, and witness expected to receive a dividend in proportion. Cross-examined by Mr Beatty: Ho was not aware that cash totalisators never paid more than ten to one. W. H. Wanklyn, secretary to the Canterbury Jockey Club, gave evidence that from the ticket issued by the accused, he would say that . half-a-erown had been put on No. 2 horse ,iu the third race : this would be Levanter. Constable Fitzgerald o-ave evidence that he saw the accused on the racecourse. On August 12 saw him issuing tickets, but did not hear him calling odds. The totalisator was worked on the course. Mr Beatty, for the defence, called the accused, who admitted issuing the ticket. Did not remember Erwin’s appearance, but endeavoured to find him in order to pay him. The amount he would have paid was 255. He had asked Detective Benjamin if he knew where Erwin was so that he might pay him. Cross-examined by Mr Stringer, accused said that if the totalisator had paid =25 he would have paid about 12s 6d for the half-crown. Generally paid “ close about ” totalisator' odds, but might sometimes pay more. His Worship, in giving his decision, said that it to him that the amount of racing in the country was demoralising to the community. At-

almost every meeting eases such as the present were occurring, and he would, if such, continued, have to inflict severe punishment. In the present case he would fine accused £5 and costs £2 17s, amounts to he paid:before the expiration of fortyeight hours. . ” Maintenance. Hannah Aldridge, applied for an order compelling C. S. Smith, her son, to contribute towards her support. ' Mr "Donnelly appeared for the applicant, and Air Joynt for the other side. The'applicant stated that her first husband died; And she married again, and was now a widow with two small children by her second husband. One of her sons, who was earning £1 a week contributed 10s per week, but the one against whom the order was sought had not contributed lately. The respondent said that he was a tailor, and had lately been out of regular employment, relying on casual jobs only, bis average earniiigs for' the last year only amounting to 30s per week:' Out of this he had to keep his wife, who was in illhealth, and two .young children. He had twice offered his mother and her children a home in his family, but she had declined. Out of his earnings he had not a penny to spare. His Worship said that under "the circumstances ho would not make any order. —Edward Brosnahan applied for an order to contribute towards his support against his daughters Mary and Ellen Brosnahan. After hearing the evidence his Worship said that if Alary Brosnahan, who was earning, would promise to contribute os per week for a month towards the support of her father until he had obtained work, he would make no order. Air P. Joynt, who appeared for the sisters, promised that this should 1 be done, and the case was dismissed.—Elizabeth Hegarty charged her husband, Daniel Hegarty, under the Married Persons Summary Separation Act, with persistent cruelty. Air Joynt appeared for the applicant. Daniel Hegarty conducted his civil case. Mrs Hegarty, in her evidence, stated that her husband drank, and had not contributed towards the support of his family more than fifteen shillings since June last. He was a hawker, but was idle; when drunk he was most violent, and frequently threatened her life, and had on several occasions struck her. The whole burden of the support of live children was on her shoulders, and she had managed to live by keeping cows, which were her own property. °On one occasion when she had sold a cow by auction her husband had without her knowledge drawn the money, and spent a large portion thereof in getting drink. When lie came home that night he threatened to cut her throat, and she had to lock the door. This he burst open, and she bad to hide under the sofa. She heard him say that he intended to “finish her up.” On another occasion he had taken a cow to the Addington Saleyards with the intention of selling it. This she discovered, and recovered the animal before it was sold. Five other witnesses, including the applicant’s sou, gave corroborative evidence as to cruelty, ill-treatment and threatening and abusive language. Hegarty in his evidence made a rambling statement of excuses, amongst which was one that his wife even refused him water to wash in. His Worship made the order as prayed for, granting the separation, the applicant to have the custody of the children, and ordering the husband to pay 15s per week towards their support and the costs of the case. In making the order his "Worship commented in forcible language on the persistent cruelty and illtreatment to which the defendant had subjected his wife. Affiliation. —An order to contribute 5s per week towards the support of his illegitimate child, and to pay costs amounting to £1 Is, was made against J. H. Watson, one security of ,£SO and two of =225 to be found. EANGIOEA. Tuesday, Sept. 7. (Before Air E. E. Good, J.P., and Air J. L. Wilson, J.P.) Breach op Borough By-Laws.—A. Hadecke was charged with riding a bicycle on the footpath in Victoria Street; and, further, with being without a light. The offences, were admitted ; but, in extenuation of the latter charge, defendant stated that he had a spill just before the constable saw him, and broke his lamp. _ The Bench pointed out that under these circumstances he should have walked. A fine of 5s and costs 7s in each case was inflicted, and the Bench intimated that the fines against offending cyclists would be heavier in future. AAIBEELEY. Tuesday, Sept. 7. (Before Air S. Coleman, J.P., Air A. Greig, J.P., and Mr W. S. Smith, J.P.) Civil Cases. —Judgment was given for the plaintiffs by default with costs in the following cases: —T. M’Naught v. W. Donald, claim £4 10s; Butcher and Pemberthy v. C. Jansen, £2 3s 2d; J. Thompson v. T. Bell, £1 16s; W. T. Eobinson v. P. Leahy, =29 12s. —Butcher and Pemberthy v. W. Davidson, £3 3s, was adjourned till next sitting. TEAIHKA. Tuesday, Sept. 7. (Before Air C. A. Wray, S.AI.) Application fob Possession. —W. S. Pearse v. W. Cook. Mr Hay for plaintiff. This was a claim for possession of premises. After evidence had been taken, an order was made for defendant to deliver up the premises witthin a week. Civil Cases. Norton v. W. Johnson, claim £1 9s. Judgment for plaintiff by default with costs. —W. Pawdray v. Airs Anaha (a Native), claim —. Air Aspinall, who appeared for plaintiff, stated that he understood the defendant intended to raise the objection that the particulars of claim were not in the Native language. He submitted that the Natives were thoroughly conversant with the English tongue, and. further, that the defendant had admitted her liability previous to issue of the summons. His Worship said the objection was fatal. Air Aspinall asked for an adjournment, and the defendant offering no objection, tbe case was adjourned for fourteen days to admit of a translation of the account being made. ■ASHBURTON. Tuesday, Sept. 7. (Before Alajor Steward, J.P., and Air Thomas Bullock, J.P.) Alleged Theft of a Watch.— Annie Harding, a girl _of nineteen years, was charged with this offence. The value of the article was stated at =23. She pleaded not guilty, but after evidence had been heard she was sentenced to one month’s imp risonment.