MAGISTERIAL.

Lyttelton Times, Volume CVIII, Issue 13001, 17 December 1902, Page 5

MAGISTERIAL.

CHRISTCHURCH. Monday, Dec. 15. (Before Mr K. C. Bishop, J.P., and Mr S. S. Blackburne, J.P.) Drunkenness. —A first offender was fined 5s and costs. —H. H. Thomson, an ex-Burnham, boy and apparently not yet twenty years of age, was fined ss, in default twenty-four hours’ imprisonment, for having been drunk in Manchester Street.— Patrick M’Ginn, who did not appear and against whom there were two convictions within six months for drunkenness, was convicted of having been drunk at the railway station on Saturday, and fined 40s, in default fourteen days in prison.—A first offender, who had been in Hospital for medical treatment, was fined 5s and costs, in default twenty-four hours’ imprisonment, and was ordered to pay the Hospital expenses, £1 Bs.—Charles Karsten, for drunkenness and indecency on the South Belt, was fined ss, in default twenty-four hours’ imprisonment for drunkenness, and ordered to be imprisoned for forty-eight hours’ for the indecency. Importuning. —Lae tibia Berkeley pleaded guilty to having importuned street passengers. Mr Leathern appeared for her, and asked that she should he sent to the Salvation Army Home for three months. The Bench decided to send the accused to the Home, on the understanding that if she left it within three months she would be brought up for sentence. Alleged Theft of a Canoe.— F. Drake, G. Bullivant and H. A. Walker, on remand, wore charged with the theft of a canoe. The case had hem partially

heard at a previous sitting. Mr Johnston appeared for the defence. H. B. Wyatt, storekeeper, said that he had bought an old canoe from Tonks, Norton, and Co. With this canoe and the keel of another one, some timber bought at Goss’s and canvas from Cousins, his son had built the canoe in question. lie was not in a position to identify the vessel by anything except the putting on of the canvas. H. Christie said he saw the three accused remove the canoe from the section. Witness said he had used the canoe just before the young men, and Bullivant claimed it as his. Patrick Moore, shipwright, New Brighton, said he had Shown Wyatt the way to build the canoe in question, and supervised the building. He was quite satisfied that the canoe in question was the one Wyatt built. Constable Rowe said, when arrested, the accused Bullivant said he thought the canoe was one he had owned about two years ago, but he could nob identify the sail and paddle. The defence was that the canoe was built by a young man named Gun dry, and that Bullivant had it given to him. Morell Gundry said he was an electrical engineer, and with a companion named Hunter he built a canvas canoe about six years ago. With Bullivant he took the canoe to New Brighton in 1900. He identified the canoe in question as the one hp built. There were several breakages that the canoe- suffered, and they were still evident. A piece of new canvas had been put on and a new keel. All the ribs of the canoe were those ho put in. He sold- the canoe to one Chisnall for Is 6d. George Hunter,., cabinetmaker, corroborated the evidence of the preceding witness. Charles Chisnall, a brushmaker, C. W. Aynsley, L. Brightling and the accused themselves also gave evidence, and the Magistrate dismissed the case.

Cmi,' Cases. —Judgment went hy default in the following cases:—Ellen Love v. C. Taylor, claim £9 4s 6d; A. Wilson and Co. (Mr Upham) v. P. Settle, £ls; Dunlop Pneumatic Tyro Company v. F. Fischer, £ll 8s 3d ; and Frederick Cross v. J. H. Hall, £3 15s.—In F. E. Harris (Air Kippenb’erger) v. Patrick Campbell (Mr Harper), judgment was given for plaintiff. —James Robertson sued the New Zealand Piano Company for £l4 2s 6d. Air Beattie appeared for plaintiff, and Air Wilding for defendant company, bub the real defendant was the firm of Messrs Alilncr and Thompson, for whom Air Wilding appeared. The claim was for commission on the sales of pianos, the plaintiff being a canvasser in the employ of the firm. The evidence for the defence was that it was a clearly understood thing among the canvassers of the firm that no credit note could be available till double the amount of the commission had been paid on the piano by the purchaser, and that in the event of the piano being returned before the full amount was paid, the commission was redebited against the canvasser. His Worship said the terras were hardly reasonable, and it had not been shown that plaintiff had been made aware of the full meaning of these terms. There had been £2 10s paid into Court, and judgment was given for £l2 18s 9d, with costs, os against Messrs Alilner and Thompson, plaintiff being non-suited as against the New Zealand Piano Company.—ln the case Mathew A. Baxter v. Bridget Baxter, claim for possession of a tenement, an order was made to give possession within a week. —Christopher R. Wilson claimed £SO from Henry Marker, as commission on the sale of a property. Air Byrne appeared for plaintiff, and Air Stringer for defendant. Several witnesses were' examined, and judgment was reserved. (Before Air W. Hargreaves, J.P., and Air S. S. Blackburne, J.P.) Alleged Theft of a Bicycle.— Duncan Graham Campbell, for whom: Air Donnelly appeared, was charged; with the theft bicycle, tho property of William Hobson. William Hobson, clerk, in the employ of Laery and Alacfarlane, said that he had at one time owned an A 1 bicycle, No. 106, made by John D. Adams, Sydenham, which witness had paid £l9 cash for. Witness had the bicycle in his possession for a year and eleven months, until''the Canterbury Jockey Club’s Grand National Aleeting of last year, when it was stolen, from the Racecourse. Had never had any transactions with accused, and no one had authority to take the bicycle, which he identified as the one in Court. J. D. Adams, bicycle maker, said that he made the A 1 Bicycle bought by the previous witness in October, 1899. The machine in Court had been altered to some extent, but it was tho machine he sold to Hobson. Constable Irvine, who arrested accused on Saturday morning, just as ho was about to mount the bicycle and go away, said he asked accused if the bicycle he was riding was his. : Accused replied it was, and that he had bought it from a man named Cooper, who had gone away to the North Island. For tho defence, Air Donnelly called Caroline Annie Campbell, sister of the accused, who said her brother had had the bicycle in his possession for about eighteen months, and she lent him £4T5s to 1 buy it, but he returned 5s at once. Ho gave her the receipt he got for the bicycle, which she had had ever since. Her brother had never had any other bicycle but the one in Court that she knew of. She was not present at the purchase, and she did not know the writing on the receipt nor the person named Thompson who signed it, and she did not know anyone of the name oil Cooper. Frank Campbell, brother of accused, corroborated the evidence of the previous witness. His brother had beeiv in the lunatic asylum, and got out only two months ago. Accused was committed for trial, hail being allowed in two sureties of £SO eacli or one of £IOO. Alleged Burglary. Walter Rose, charged with burglariously entering the premises of C. G. Fryer in August last, and stealing property to tho value of £2OO, was remanded till Friday, bail being allowed in two sureties of £SO, or one of £IOO. LYTTELTON. Monday, Dec. 15. (Before the Alnyor, (Mr J. Grubb, and Alt* C. Eerrier, J.P.) A Railway Case. —William Bryant was fined 10s for having stepped on to a railway train while it was in motion. Drunkenness, etc.— Alary Joyce, who pleaded guilty to having been drunk and disorderly and used obscene language in a railway carriage on Saturday afternoon, was discharged with a "caution. —A first offender, who admitted a. charge of drunkenness, was fined ss, with the usual alternative. c , i Assault. —Alichaol Gulliver, James oiulivan, William John Butler and James Allen, on remand, were charged with an assault on James AI Connell. Gulliver and Sullivan pleaded guilty. Allen and Butler pleaded not guilty. Tho prosecutor deposed that, on the night of last &a.turdaj week, he saw the four accused 1 in the Lyttelton Hotel about nine o’clock. Sullivan pushed 1 him out, followed him and held his arms while Gulliver struck him on the head and face, inflicting a severe wound and bruises. He was, he thought, kicked, and became insensible. One of the accused had asked him to shout, and ho said he had no money. He had had a few drinks, hut was not drunk. Did not tliipk that Allen and Butler struck him. To Sullivan : I did not strike you on the face, nor take up your glass of beer in the hotel. Dr Pairniani deposed that he had attended Al’Connell in the casual ward, where he had remained till that morning. He had a wound three inches long on his head. His nose was injured, and his knee bruised. Henry Bryant deposed that when passing the Lyttelton Hotel about 9 p.m. on Dec. 6, he saw Ai’Connell, who seemed partly tipsy, but not quarrelsome, Donald Bryant deposed that h e saw Gulliver and Sullivan assaulting Al’Connell. Did not

see Allen and Butler there. The Bench hero stated! that Butler and Allen would be discharged. A witness named Fenton, and Constable Bagrie gave corroborative evidence. The constable stated that he had arrested Allen and Butler, and that afterwards Gulliver and Sullivan gave themselves up, saying that they had committed the assault in self-defence. The accused, Sullivan, called Alary O'Brien, licensee of the Lyttelton Hotel, who deposed that she had refused to serve Al’Connell because he was under the influence of drink, and had told him to go out. He came back, took Sullivan’s glass of beer and drunk it. She went to look for a constable to put him out. The accused were sober. Sullivan made a statement to the effect that Al’Connell had struck Gulliver and himself before they struck him. Tho Bench sentenced the accused to two months’ imprisonment, and ordered them to pay medical expenses. Theft. —James Schooer pleaded not guilty to a charge of stealing a suit of clothes, value 255, the property of Janies Alahar. G. Rutherford deposed that he saw the accused take the clothes from outside the shop and put them under his coat and make off. Witness told Sergeant Rutledge, who was passing, and who arrested the accused. The Bench sentenced him to three months’ imprisonment. —Francis Oswald Abbott, charged with having stolen some articles, to tho value of 2s 6d, the property of Alary O’Brien, /pleaded not guilty, and applied "for a remand to Wednesday, to enable bun to obtain a lawyer. The remand was granted, but bail was refused. —Arthur Goad, Robert Oakley, William Henry Hutchinson and Albert Edward Tillyshort pleaded guilty to a charge of having stolen some potatoes, value 3s, the property of Charles Tapley, at Governors Bav. Sergeant Rutledge stated that the accused had been camped at Governors Bay, and the potatoes bad been found in their possession. There had been many complaints of the conduct of campers at. Governor’s Bav. Air Perrier said that tho Bench would not send the accused to gaol this time, but would fine them the full penalty of 20s each.