MAGISTERIAL.

Lyttelton Times, Volume XCIX, Issue 11540, 29 March 1898, Page 3

MAGISTERIAL.

CHRISTCHURCH. Monday, March 28. (Before Mr J. B. Sim, J.P., and Mr P. M. Steward, J.P.) Drunkenness. —James Bell was charged with being drunk on March 26, and with assaulting his wife. Constable Cassells deposed to seeing the accused knock his wife down in the street, and he arrested him. Accused was fined 10s and costs for being drunk. The other charge was dismissed. Mary Kellet pleaded guilty to being drunk, and not guilty to having no visible means of support. Constables Cassells and Fahey deposed to her means of livelihood when not in gaol. She was sentenced to one month’s imprisonment on the first charge, and convicted on the other. —A woman was charged with soliciting prostitution in Oxford Terrace on March 20. Mr Donnelly appeared for the accused, who pleaded not guilty. After hearing the evidence, and it being ascertained that this was her first appearance at the court, she was discharged. Alleged Theft. —William Dass, a hoy, was charged with stealing a saddle and bridle, value M, the property of William Ash. Mr O’Connell appeared for the accused, who pleaded not guilty. The evidence was that the accused was in the habit of coming to Ash’s place, in St Asaph Street, with vegetables, and taking away a load of manure. The saddle was missed from Ash’s stables on March 8. The matter was reported to the police, and Detective Chrystall, acting on information received, in the execution of a search warrant over Dass’s premises, found the saddle and bridle in his stable. The boy said he had found it on the roadside among some grass. Accused gave evidence, and said that he was last at Ash’s on Feb. 28. His brother rode home in the cart with him. At Hill’s Road the brother got out of the cart, and his foot striking a stirrup among the grass on the side of the road, he noticed a saddle lying in the ditch. He picked it up and put it in the trap,taking it home. Hetold his parents he had found it, and it was then hung up in the stable, waiting for an owner. John Dass and the father of the accused gave corroborative evidence. The charge was dismissed. —A charge against John Wilson of stealing a purse and .£1 from William Moncrief was adjourned till the following day. Alleged Assault. —James Campbell was charged with assaulting Constable Hill on Saturday evening. „The police applied for a remand till next Friday, which was granted. (Before Mr R. Beetham, S.M.) CrviL Cases. —Judgment for plaintiffs by default was given as under: —W. A. Tribe v. W. Crow, claim 19s 3d; Annie Parker v. J. Lilly, <£l 9s Id; Riccarton Road Board v. James Shalby, <£2 5s 7d. —In John Barr v. Chan Yung, claim £4 18s 6d, on judgment summons, no order was made.— Ovenden and Palmer v. Wilson was adjourned by consent of counsel to May 19. Alleged Injury to a Horse. — H. Box v. F. Baunton, claim .£25. Mr Cresswell appeared for plaintiff, and Mr Wilding for defendant. The parties to the suit were rival coach proprietors. Plaintiff claimed that defendant on Jan. 19 by wrongfully driving across the road in front of plaintiff’s coach had forced plaintiff’s off-side horse into the side channel. The horse was sound before, but had been lame ever since, and plaintiff now claimed .£25, which sum he estimated to be the fall value of the horse. Several witnesses were' called by plaintiff’s counsel, and cross-examined by Mr Wilding. J. R. •Charlton, M.R.C.Y.S., had examined ;the horse, and considered the lameness consistent with the suggestion . that it had been caused by a recent accident. The lameness would bo permanent. John Hankins, veterinary surgeon, gave similar evidence. In all, seventeen witnesses gave evidence for the plaintiff. For the defence it was contended that no evidence had been led to show that the plaintiff’s horse had suffered through any default of the defendant. Mr Wilding maintained that the wheel marks had not gone within two or three feet of the gutter, and curiously enough the horse was lame in the near foot, which was the foot furthest away from the gutter. He also contended that his client had caused no damage j and- evon... if

ho had, the alleged damage was too remote. The horse was an aged one, and had passed through the hands of several owners, and had not been sound for years. T. Hill, veterinary surgeon, deposed that the horse in question was suffering from navicular disease. There was an enlargement on the fetlock joint and ringbone as well. The cause of lameness was in the foot rather than in the fetlock, and must, in his opinion, have existed for at least twelve months. W. Brown, veterinary surgeon, corroborated the evidence given by the last witness. J. Thompson, manager of the New Brighton Tramway Company, had bought the horse in question five years ago, and had broken it in. He worked the horse for six months, and turned it out on account of lameness caused, in the opinion of witness, by ringbone. Tbe horse after that slipped and strained its loins. Witness then sent the horse to Tattersall’s to bo sold for what it would fetch. It realised £5 10s. Five other witnesses were examined, and the case was adjourned until two o’clock the following afternoon.

LYTTELTON. ' Monday, Maech 28. (Before Mr J. G. Fyfe, J.P.) Drunkenness. —A first offender was convicted and discharged. KAIAPOI. Monday, Maech 28. (Before Mr H. W. Bishop, S.M., and Mr J. L. Wilson, J.P.) Goese on Roads. —A case against P. Sloane, preferred by the Eyreton Road Board, was adjourned till April 18. Borough By-laws. —T. Eder, for driving a vehicle without lights after sunset, was fined 5s and costs.—G. A. Brandon, similarly charged, showed that his light had just gone out when the police noticed him, and the case was dismissed. Civil Case.— J. Sims v. J. Harrison, claim .£8 9s lOd. Defendant had paid £4 into court. Judgment for plaintiff for £4 9s lOd and costs.