MAGISTERIAL.

Lyttelton Times, Volume CI, Issue 11887, 10 May 1899, Page 3

MAGISTERIAL.

CHRISTCHURCH. ■ ; Tuesday, Mat 9.- *. (Before Mr H. W. Bishop, S.M.) - Duukkkxness. —A woman, against whom there had been no convictions within the last six months, was convicted and discharged, ,on the understanding that she' placed herself in,charge of the Samaritan Home authorities for three months. The Beer Duty.— Charles Bennett was charged with having, on April 28, at Christchurch, drawn beer from a cask without destroying., or defacing the stamp. Mr Patten, Collector of Customs, said that the defendant was a barman in the Terminus Hotel. The landlord had given instructions to his employees to deface all stamps, bub ithis one had apparently been overlooked. The defendant pleaded guilty. Mr Bishop said he always inflicted the same fine unless exceptional circumstances were shown. , The. defendant .would be fined £5 and costs. The defendant afterwards applied to. hjs Worship for a. , remission of partof the fine on grounds which he stated, but which' were' inaudible in the Press box, .Mr Bishop,, said the defendant’s proper 'course, was to' apply to' the Minister of Justice .for a remission of the ..fine, apd he (hisi Worship) would tlten forward his report oh the case! -. He would deal with the application in that way. Affiliation. —James Hilton, was adjudged the putative father of an illegitimate child, and ordered to pay 5s a week towards its future maintenance, and costs incidental to confinement £7 2s, - and solicitor’s fee £1 Is. Mr Cresswell appeared for the informant and Mr Andrews for the defendant. ■ RANGIORA. Tuesday, May 9. (Before Mr J. L. Willson, J.P., and Mr T. Keir, J.P.) Bicycle By-law. Harris, and Edwin .Jackman, for whom Mr Scott, appeared, were each fined 5s and costs for riding their bicycles on the Victoria Street footpath. , Assault, —John Ross was charged with haying, on May 4', at the North' Canterbury Jockey Club’s racecourse, assaulted T; K. Chapman. Mr Johnston appeared for de-‘ fendant, who pleaded not, guilty. Sergeant Jphnston gave evidence that defendant, with a number of others, was refused admittance to the racecourse, being . warned that they could, not go on by a man named, Parker, ehlployed by the club. Defendant demanded to see alt deeds of, the‘course, and behaved in an arrogant manner. Finally, he ran against Chapman, the gatekeeper, and pushed him-with his arm and shoulder, in an attempt to get-through the gate. Witness then interfered, and accused desisted. Corroborative evidence was given by T. K. Chapman, R. W. Parker, private detective employed by . the Jockey Club to warn undesirable persons off the course, and C. Hayman, employed to assist the last witness. A. S. Clarkson, secretarv of the club, gave evidence that Parker and Hayman were employed by the club. For the defence, accused, denied that he had done anything more than 'others in pressing against the gatekeeper to gain admission. He purchased a ticket. W. H. Mooney gave evidence that accused did nothing more than push against the gatekeeper. The Bench considered that an assault had been proved, and, although not serious, it had been aggravated by the fact of accused being warned not to enter the course. A fine of £l, with costs, was inflicted, in default fourteen days’ imprisonment. Accused was allowed till Friday to pay the fine.

Trespassing on a Racecourse. —E. J. Ross defendant in the previous case, was charged with having, on May 4, willfully trespassed on the North Canterbury Jockey Club’s racecourse, and refusing to leave when called upon to do so. Mr .Johnston appeared for defendant, who pleaded not guilty. Mr Helmoro prosecuted. A. S. Clarkson stated that the stewards of the North -Canterbury Jockey Club were the lessees of the racecourse. On April 12 they passed a resolution to exclude from the course bookmakers, their assistants, cash fielders,' and all persons deemed to lie undesirable, on the occasion of the annual races on May 4. R. W. .Parker and E. Hayman were employed to assist in carrying out the resolution. On the evening of May 4, in consequence of what took place during the day, he was by the committee to take proceedings against eighteen persons Tor trespassing on the course. R. .W. Parker: gave evidence that he stopped accused at the gate, but subsequently found, hini on the course engaged laying odds. He ordered him off,, but he refused to go. Mr Johnston here said that he would admit that his client was warned off the course, and refused to go, also that he was a bookmaker. This closed the case ,for. the prosecution. Mr Johnston argued that the only persons who had the power to give authority to have persons removed from the course, and to lay the informations, were the lessees of the property. Mr Clarkson, as secretary of the club, ought to have an authority in writing to lay each separate information. Mr Helmore replied that it was not necessary to prove any lease so long as the Jockey Club was in actual possession of the course for the day. With reference to the authority, he pointed out-that Mr Clarkson was the informant, and he could have no better authority for his action than the ■ resolution, passed by the committee and stewards of the club, and recorded in the minute book produced. The Bench drew attention to the fact of a majority of the lessees of the reserve being present at the meeting when the motion .was adopted’ authorising the Secretary to lay the informations. There having been two previous convictions against accused, he was fined £5 and costs, in default two months’ imprisonment. Seven days were allowed in which to pay the fine. Ernest Watson pleaded guilty to a similar charge, and, being a first offender, was fined £2 and costs, in default fdurtefen days’ im-, prisonmeht. James Mitchell, Walter Sea-, tree and William-Mason also’pleaded guilty of the same offence, and, having been once previously convicted, they were each fined £3 and costs, in - default one month’s imprisonment, the last-named being allowed till May 31 to pay The fine.. A: charge against W. H. Mooney was adjourned for a week. Civil Case.— C. Tyler v. M. J.,Campbell, claim £4, balance due for waggonette. Judgment was given for the amount claimed and costs. , GERALDINE. Tuesday, May 9. Mr C. A. Wray, S.M.) Assault.— An assault case was brought on, in. which E. O’Malley, Secretary of the Geraldine Football Club, appeared as prosecutor, represented by Mr Barklie. Mr Barklie stated that, since the. assault the defendant had made a most humble apology, and paid all expenses, besides paying. £i towards the funds of the Geraldine Football Club. On these conditions, his client wished to withdraw the case. Constable Mullaney objected to the withdrawal, on the ground that the assault was a most cowardly one, and was really a police case, and it looked as if defendant had token advantage of the change- of the police officer at Geraldine to think he would not be known. It, appeared that 1 defendant, with others, got into the football “ social ” on Thursday night without paying, during the temporary absence of the doorkeeper, who afterwards demanded the money from theni'. They refused, and tried to make a disturbance. After this they waited till three o’clock in the morning, till Mr O’Malley was leaving the hall. They then waylaid him on the street, and committed a cowardly assault on him. Mr Barklie, in reply to the Bench, stated that defendant had already paid £3 4s expenses. His Worship said under the circumstances he would allow the case to be withdrawn, but said he would deal sevrvely with any future cases of the kind that came before him.

Civil Cases.— JudgL:c,it by default was Riven ;'foi''. amount' claimed with costs in the following cases: County Council \K j. Woodhead. ssv2d, rates y Same y.'.Tl Washington, 7s lOd rates ; Same v. Daley Hedges, 7s balance of costs, the original amount having been paid, with 6s costs, I»rior. to the ,(fase,coming on.