MAGISTERIAL.

Lyttelton Times, Volume CIX, Issue 13086, 27 March 1903, Page 3

MAGISTERIAL.

♦ — I CHRLSTCHURCH. j Wednesday, iLvKcit 25. (Before Mr J. Connal, J.P., and. Mr .W. I Collins, J.P.) | Ebkexg Cyclists.—Rtistou Cur lot t, charged with riding his bicycle after dark without a. light, pleaded that- it was very early and the offence had been committed before the Stipendiary Magistrate had fet tihe example, of dealing in these cases wlili severity. The Bench, taking this into consideration, inflicted a lino 'of 10s and costs. —John Matthews was fined 5s and costs for riding his bicycle on a footpath. Druxkexxjsss.—Two first offenders were each lined 5s and costs, in default twentyfour hours' imprisonment for this offence. Pitoiiuimox Oiiukr.— An order of this nature was issued against a man, to take effect for one year. Tiie By-laws.—Charles Rose, a licensed oab-driver, for whom Mr Malley appended, pleaded not guilty to a charge, of refusing a faro. The police evidence was that Detectives Chrystall and Bailey had arrested a man for drunkenness, and requested tihe defendant cabman to drive the prisoner to the Police Station. He refused to do so, giving as his reason that he had already' been employed by the prisoner to drive him) home.'. i\tr Malley said that the occurrence took place by the Queen's Hotel,'and to suitain the charge the police* must show that the defendant was either on a cabstand or plying for hire. They had not dona this, and ho submitted that that was a good non-suit point. The defendant's evidence was that he had just taken a fare from tho Theatre, and had gone into the Queen's Hotel for a drink, preparatory to going home. He met a. man named Hassali, who. was a friend of his, and seeing 'that ho was under the influence of liquor, ho agreed to drive him home. Just as! Hassali was getting into -the cab he was arrested by Detective Chrystall, and witness refused to drive to the.' station, as ho had already been engaged -by Hassali. In any case, lie had knocked off work forth* night. The Bench said that the fact of defendant accepting a fare showed that, at any rate, he was plying for hire. The matter turned on the interpretation of tho ls.se sentence in the toy-law, which prohibited drunken persons entering a licensed cab except while being taken into proper custody. The : Bench thought the case presented" a- difficulty in this respect, inasmuch as an intoxicated person, being taken to his home, might be Supposed to bo taken into proper custody. v They were,disposed todook upon the defence, that the "cab was already engaged, with some caution., They would, however, give the defendant • the benefit of the doubt, and dismiss the case.— Thomas Mors© was fined 5s and costs for plying for hire without a. license. —James. Duncan was charged with having permitted a- nuisance on his premises. The City Council Inspector, after explaining the nature of f?.e ease, said that the defendant had already been fined, but he had since done nothing to aha to the nuisance. He asked that the Court should impose the daily penalty provided for. in file by-laws to meet these caf.«s. There was no appearance of defendant, and a fins of £2 and costs,was imposed. (Before Mr R. Beetham. S.M.) Proiutiox.—John O'Donnell, who had been remanded the previous day for the report of the Probation Officer, upon a charge of stealing a bievcle, appeared again before Mr R. Beetham. S.M. The Probation Officer reported favourably, and bis Worship granted the man probation for six months. Mr Brown appeared for the accused. Summatiy .Skfaration.—Mary Lees (Mr Byrne) applied for a summary separation order against her husband, C. A. Lees (Mr Russell), the grounds alleged being that the defendant had deserted his wife, and had wilfully failed to maintain her. The evidence disclosed a .particularly distressing slate of marital and . domestic infelicity, dating from a time, eleven and a half years ago, when the husband joined the Plymouth Brethren, and took up religion with great, fervour. Efforts had been made by the husband to induce the wife to join the Brethren also, but she refused, and much ill-feeling was engendered. The wife, in, reply to a direct question, said that she would go back and live with her husband if he would receive her. After hearing evidence in support of the application. Mr Beetham said it appeared clear to him that! the matter in dispute should be referred- to the Supreme Court. On the ground set out in Section 11 he declined to/make an order. ,No costs were allowed. . Thursday, March 26. v (Before Mr W. H. Cooper, J.P. and Mr J. M. Douglass, J P.) DBx-yxEXXEss.—Joseph Smith/ who had one previous conviction recorded against him within the' statutory period, pleaded guilty to a charge of drunkenness, and was fined 10s and costs, in default forty-eight hours' imprisonment.—Two first offenders were each fined 5s and costs, in default-twenty-four hours' imprisonment.—Another iirst offender, who had not offended within tho statutory period, was fined 10s, with the alternative of forty-eight hours' imprisonment. Alleged Theft.— Walter Vallance and Mary Barclay, alias Quinn, were charged with entering the dwelling of S. M'Cormick, and stealing therefrom £3 19s, a purse, value 2s, and a. ring value 18s. Sub-Inspec-tor Dwyer applied for a remand until Saturday. Mr Cassidy appeared for the female accused. The remand was granted, bail being fixed in two sureties of £25. ..Vagrancy.—Ethel M'Keiizie and Nellie Ballantyne, two young women, were charged with being common prostitutes, and with having solicited prostitution on tie South Belt. The accused pleaded guilty, and were each sentenced to three months' imprisonment, the warrant not to bs issued provided they stayed in a rescue home for that period. An Incorrigible Lad.—Henry Fraser Marshall, a lad, pleaded guilty to a charge of stealing a lady's costume, value £3, the property of Messrs Strange and Co. 'ChiefDetective Chrystall said that on Feb. 14Messrs Strange and Co. had delivered the parcel at the Fiaxton Railway Station, from where, it wa.s stolen. The accused was. seen in possession of the parcel, and later it was traced to his room. There* were four convictions for theft already reoorded against him, and he was at the present time, serving a sentence. The Bench, imposed a term of three months' imprisonment. Remanded. —David Sand ford, a-n elderly man, was charged with having committed incest at Belfast. Sub-Inspector Dwyer asked for a remand. I Ho would ask that if the Bench were disposed to grant bail they would make it heavy, as there were other charges pending against tho accused in connection with other members of his ( family. The a.ccused was remanded until Wednesday, bail being allowed in two sureties of £IOO each. (Before Mr R. Beetham, S.M.) Civil Cases.—ln the following eases judgment was entered for the. plaintiff, by default, with costs: —J. J. Dougall y. J.

Stew-art, claim £6 10s Bd{ Woolston Borough. Council v. T. Hooper, 19s lid; W. Bailey v. 0. Day. £9 2s; J. E. Faulkj ner v. E. Re-id, £3 9s lOd. • j LYTTELTON. ! ' Wkiinksdat. March 25. i (Before the M.ivor (Mr J. Grubb) and Mr ■S. It. Webb, J.P.) -Ai-KAur.TiNG Wakvmchs.—Albert Grant, who had assaulted two warders in charge of prisoners working' on. the reclaimed land, ;;:u! had given a parcel to prisoners, was convicted and sentenced to six weeks' imprisonment on each charge, the sentences to .be cumulative. Civil Casks.—Judgment, was given for the plaintiffs by default in the cases of Mailson v. Knight, claim £2 14s, Mr Berwick; for plainlill', and Pitcaithly v. Leonard, £2 10*. A Sinrrixct Cask.—A. J. Swainey brought- an action against Captain Ab-opp, master of the barque Kinelune, to have tli£ articles of his engagement cancelled, on the ground iha.f. they bad been altered withouthis knowledge.. Mr Reswick appeared for the plaintiff, and Mr Upham for defendant. Tito plaintiff stated that }v had shipped as cook, but the' articles had been altered to make it appear that he had been engaged as cook and steward. The defendant denied ' all knowledge, of the alteration of the aril id es. The Bench ordered the articles to he. cancelled, each party to pay his own costs. •