MAGISTERIAL.

Lyttelton Times, Volume CVIII, Issue 12934, 30 September 1902, Page 3

MAGISTERIAL.

CHRISTCHURCH. Monday, Sew. 29. (Before Mr A. Scott, J.P., Mr J. B. Sim, J.P., and Mr E. Skog, J.P.) Drunkenness. —A first offender, who did not appear, was fined 5s and costs, in default twenty-four hours' imprisonment. Illegally on Premises.—John William Green pleaded guilty to a charge of having been found by night without lawful excuse in an outhouse on the property of Philip Henry Cannon, situated on the Riccarton Road. Sergeant M'Kay stated) that the accused had been for some time roaming round the Riccarton district, sleeping in outhouses and making himself a nuisance. The'accused called Mr Cannon, who stated that he had employed him for some time, but had) recently ordered him to leave the premises. The Bench decided to send the accused to gaol for one month.—James Hoskins pleaded l guilty to a charge of haying been illegally on the premises of David Scott in Tuam Street. Sergeant M'Kay stated that this accused l also had been a nuisance and two incipient fires had occurred recently on the premises. The accused, who had nothing to say, was sentenced to three months' imprisonment. Alleged Theft of a Bicycle.—William M'Donald Fraser was charged that, on Sept. 27, at Christchurch, he did steal one Star bicycle, valued at £lO, the property of Frederick Nelson Adams. On the application of Chief Detective Chrystal the case was remanded for a day. (Before Mr R. Beetham, S.M.) Civii, Cases. —In the following cases the defendants failed to appear and judgment was given for the plaintiffs by default for the .amounts claimed with costs: —J. Patterson (Mr Smithson) v. W. Firman, claim £1; Hayward Bros, and Co. (Mr Malley) v. T. Grange, £3 Is; New Zealand Loan and Mercantile Agency Company (Mr Cowlishaw) v. Annie Elizabeth Kelly, £1 9s 8d; W. Bartram and Co. v. Thomas Carter, costs 7s; John Day (Mr Vincent) v. Albert Dyer, £10; Christchurch Tinsmiths' and 1 Sheet Metal Workers' Union (Mr Andrews) v. Charles Ogier, £2 19s 9d.

Storing Furniture.—Charles E. Hoddinott (Mr Byrne) sued Mrs A. Hartland (Mr Hoban) for the sum of £2 lis 6d, an amount alleged to be duo for the storage of the defendant's furniture by the plaintiff. The validity of the claim was proved, but Mr Hoban objected to the short notice given by the summons. Judgment was given for the plaintiff, and an application for immediate execution was granted.

A Drapery Account.—J. Ballantyne and Co. (Mr Stringer) sued W. G. Collings for the sum of £5 18s Id. The account was proved by the plaintiff, who was given judgment for the sum claimed. A House Agent's Claim.—James E. Baker claimed' from Charlotte Wheatlev the sum of. £34 17s 9d. Mr Wiftling appeared for the plaintiff and Mr Flesher for the defendant The claim was for commission on a property placed in the hands of the plaintiff for sale, and for other expense* in connection with the arrangement of a mortgage on the property. The plaintiff alleged that he had shown the property to several people, including a Mrs Crampton, who said that the price was too nigh. Shortly afterwards Mrs Crampton bought the property at a reduced price through another agency. The plaintiff, holding that he had introduced the property to the ultimate buyer, claimed the commission. The defence was that the plaintiff did not really bring about the transaction. The property was in the hands of more than one agent at the one time, and it was solely through the instrumentality of the second agent that a sale was effected. After hearing several witnesses on each side, his Worship gave judgment for the plaintiff for £2B, the amount of the commission on the sale.

Alleged Wrongful Seizure.—Joseph M'llroy (Mr Beat-tie) sued Richard' Belcher (Mr Stringer) for the sum of £l9 10s, the value of a horse, dray and harness, alleged to have been wrongfully seized by the defendant. The evidence showed that the plaintiff's dray and harness had been sold at auction under .a distress warrant, and at his request the defendant had bought them in. Subsequently the defendant bought the horse, and then began to lease the horse, dray and harness to the plaintiff. The plaintiff thought that in paying a, weekly sum for the loan of the property he was buying it back, and, therefore, objected to the defendant seizing it. Judgment was given for the defendant with costs. A Case Adjourned.—Victor Harris (Mr Murphy) claimed from Eliza Barron (Mr Donnelly) the sum of £6 14s on a promissory note. The defendant admitted the liability, but professed inability to pay. In order that her circumstances might be fully ascertained, the case was adjourned until Thursday. KAIAPOI. Monday, Sept. 29. (Before Mr H. W. Bishop, S.M., and Mr E. Fekhvick, J.P.) Affiliation. —0. H. Bigwoodi was summoned to contribute towards the support of an illegitimate daughter, of which the mother declared! him to be the father. The application was made at the instance of the Industrial School authorities, the complainant having been, boarded out from the Chrisfchurch Receiving Home.' Mr Papprill appeared for complainant and Mr Harvey for defendant. The case was dismissea. Maintenance.—On the information of Thos. E. Brierly, Charles Burney was ordered to pay 6s per week towards the maintenance of his infant child l , left with complainant's wife to keep. Assault.—James Taylor was charged with having assaulted Walter A. Chinnery at Woodena on Sept. 19. Mr Helmore appeared for complainant. Defendant denied that he struck complainant and called two witnesses. The Stipendiary Magistrate.said that he could not possibly believe defendant's evidence, and fined him £2 and costs. Assault and Indecent Language.—On the information of the police, Dainiel O'Connel was charged with assaulting W. A. Kelcher and using indecent language; Patrick O'Connel was charged with assaulting H. Alexander and using indecent language ; and Maurice O'Connel and Thomas Quinn with using indecent language. The offences were committed at Ohoka on Sept. 12. Mr Helmore appeared for the defendants. W. A. Kelcher stated that a social gathering in connection with the Oddfellows' Lodge was being held at the Druids' Hall, Ohoka, on the date named. Quinn, shortly after midnight, entered the halL and used objectionable language. Witness told him he would have to go out. Quinn, using obscene expressions, said he could not put him out.

Witness then ran him out, and as he was going through the porch Daniel O'Connel struck witness in the face. A scuffle took place outside the door, and all the accused made use of obscene language of a most abominable character, which could be heard in the hall and on the road about a chain distant. Mr Helmoro contended that the entertainment was a private one, and did not come within the meaning of the clause of the Act defining a public place, and, further, there was no evidence to show that the language was heard on the public road. W. A. Kelcher, recalled, stated that the entertainment was a public one, to which anyone could gain admission on payment of 2s 6d. Mr Helmoro abandoned any further defence. Each of the accused was fined £5 and costs, in default one month's imprisonment for using indecent language, and D. a;nd P. O'Connel were each fined £2 and costs for assault. Daniel O'Connel sued W. A. Kelcher 'for assault. The alleged offence was connected with the previous cases, and after hearing evidence the Magistrate dismissed the information, with costs against the complainanit. Alleged Provoking Language.—Alexander Humphreys was charged by James Mali-shall with behaving towards him in a manner intended to provoke a breach of the peace. Mr Pajpprill appeared for complainant, Mr Helmore for defendant. After hearing the evidence, the Bench dismissed the case.

Alleged Indecent Language.—A. Humphreys charged Ann Marshall, wife of complainant in the previous case, with having used obscene language. The same counsel appeared. Judgment was deferred.