RESIDENT MAGISTRATE'S COURT.

New Zealand Mail, Issue 769, 26 November 1886, Page 12

RESIDENT MAGISTRATE'S COURT.

Monday, November 22. (Before Messrs J. Dransfield, W. Dawson, A. McDonald, and Eb. Baker.) DRUNKENNESS. William Tracey, an old offender, pleaded guilty to a charge of drunkenness. The man was scarcely able to stand in the box, suffering evidently from the effects of drink. He asked that he might be allowed to see a doctor. In reply to the Bench, Inspector Shearman said that the man would be looked after if he were taken to gaol. Sentenced to 14 days’ imprisonment. DRIVING ACROSS THE FOOTPATH. A charge against Robert Martin for this offence was dismissed. William Snell was charged with having driven a horse and cart over the footpath in Constable-street, Newtown. Defendant pleaded not guilty. Constable Stewart deposed to having seen the defendant commit the offence. F. Tekey, defendant’s employer, stated that the metal - was put on the road as it was taken from the quarry, and it was dangerous to the horse or driver to go over it. The Bench considered that the Corporation were more to blame than the defendants, and would only inflict a fine of Is without costs. Thomas Marshall was also charged with driving across the footpath in Constable-street. Fined Is without costs. LETTING OFF CRACKERS. Alexander Thompson and Mary McDonald were each fined Is without costs for letting off fireworks in the public streets. CRUELTY TO ANIMALS. William Thompson pleaded not guilty to a charge of ill-treating a horse on Lambton Quay on the 26th ult. After hearing th e evidence, the Bench did not think it was a a serious case, and therefore dismissed the information. FURIOUS RIDING. William Judd was charged with negligently riding a horse down Cuba-streefc on the 11th instant. Defendant denied the charge, stating,that the horse had run away with him. Evidence being brought in support of the charge, a fine of 16s, with costs, was imposed. OBSCENE LANGUAGE. Margaret Weldon was charged with having used obscene language in Webb-street on the 15th instant. Accused stated that she knew nothing about it. Constable McAnerin deposed to hearing the woman make use of some disgusting language. The Bench sentenced the prisoner to seven days’ imprisonment. LARCENY. William Richardson was charged with stealing certain carpenters’ tools, valued at £3 10s, the property of Charles Cheer, con- >■ tractor. Inspector Browne/ conducted the prosecution. Charles Cheer gave evidence as to missing the tools, and subsequently seeing them in Mr Flockton’s shop, where they had been taken by the prisoner. The prisoner admitted that he had taken the things to , Flockton’s, and said that he was under the influence of drink at the time. He asked that he might be dealt with summarily. The Beach sentenced the prisoner to three months’ imprisonment with hard labor. ASSAULT. / George Fisher, M.H.R., pleaded not guilty to a charge of assaulting Emmanuel H. Goldsmith, in the Empire Hotel, on Monday, the 15th. Mr Edwards appeared for the plaintiff. Mr Fitz Gerald appeared for the defendant, and asked the Bench to adjourn the case for a week. He said that it was very inconvenient to proceed with the case at present, Mr Fisher was on the eve of a mayoral contest, and he thought it hardly fair that a matter of this kind should be pressed. He did not think that it could be any detriment to the otber side to adjourn the case. Mr Edwards opposed the application, and submitted that if Mr Fisher chose to assault a man on the eve of a mayoral election, there was no reason why justice should not. be done. After some further argument the Bench granted the adjournment on condition that the defendant paid the costs of the. day. BURGLARY. Samuel Bennett, on remand, was charged with breaking and entering the shop off John Coogan, tailor, Manners-street, and. stealing therefrom a coat valued at £2; 10a,. Inspector Browne conducted the prosecution., George Cooper, called for the defence,, , stated that he met the prisoner at ltaitoke about the middle of February last. To Inspector Browne : Prisoner hadt a, ooafe, on that did not fit him, and said that he had. sold his own on the road. Jemima. Riddick, also gave evidence. The prisoner- was. com--mitted for trial. His Worship the Mayorana Messrs J. R. Blair and Hv Blundell, Justices, occupied the Bench during, thej hearing of this case.

WANDERING HORSE. 3?or having allowed his horse-to- wander te David Andrews was fined ss>, and costa.

Tuesday, November 23. (Before Mr H. S. Wardell,, R.M.).

BEGGING IN TH®. STREETS*. Timothy Horan pleaded, guilty to a. charge* of begging alms in Adalaide-road. Charles Pankhurst stated that* the accused had. asked, him for the price o £< a load of bread. He offered him a loaf, hut would not give him any money. Latex- on ha asked for- some tobacco. James Robinson also gave evidence to. the accused’s hogging. Inspector Shearman produced, a police record, which, showed that the accused had been convicted several times for larceny and drunkenness* Hia Worship did not think the case one of want. He remarked that there were plenty of oases requiring relief, , without imposters begging for aid. The aaoused was uontonoed to one month’s is*-»

prisohment with hard labor. This was all the criminal business.

CIVIL CASES.

Judgments for plaintiffs were given in the following civil cases Wellington' Woollen Manufacturing Co. v Arthur Jones, £5 2s 4d, •costs, £1 12s ; same v Maria Duncan, £lO, costs, £2 2s ; same v E; Battersby, £5 3s 2d, costs fills; samev Jas. Madden, £2 10s 6d, costs 6s ; same v W. C. Nation, £5 2s 4d, ■'Costs £1 12s; same r Thos. Riddler, £72 17s 2d, costs, £5 3s ; same v >.J, L. Tocker, £l9 15s, oosts £2.Bs. These .actions were brought by the Company for ■calls in arrears. Wellington Coal Company -v H. Hill, £9 Is 9d, costs £1 12s. In the case -M. Bohan v Patrick McMenamin, claim £4 7s for certain wheelwright . work,' judgment was given for the defendant, ■-with, £1 Is oosts. Mr Devine appeared for 'the plaintiff, and Mr Jellicoe for the,defendant. Henry Anderson, late editor of the 'journal known,, as the Wellington • Advertiser, sued Arthur Gyles, late proprietor of the paper, for £25 ss, amount ■of salary in lieu of three mouths’ 'notice. Defendant had paid £7 10» into Court. Mr Skerrett appeared for the plaintiff, and Mr Maurice Richmond for the •defendant. Evidence was brought to show •that it was customary, in cases of special agreement, to give three months’ notice bn •either side. Mr Richmond contended that the amount paid into Court included .two weeks’ salary, and should be sufficient. TTin Worship held that when men went 'into business they should make it their duty to see that the terms of payment and service were properly laid. He •considered that the defendant was responsible, and gave judgment for the .amount claimed with costs. The case of Mrs Letitia Johnson v. Walter and Jane JEngland, claim £2B 18a 9d, was further adjourned till Friday. E. H. Goldsmith and -J., Tabor sued James Thomas for £37 14s, ■commission at -the rate of 5 per cent, on the sale of the lease of the Wellington Hotel. Mr Edwards appeared for the plaintiffs, and Mr Thompson for the defendant. The evidence for the plaintiff went to prove that •thefirin negotiated the sale, the price, being £7OO. For the defence it. was denied that •there had been any contract between the parties.' After hearing evidence, Mr.Wardell gave" judgment for £32 14s with costs. In jfche. judgment summons case Whitfield v. Feat, an order was made for the payment of £1 per week, or in default 14 days’ imprisonment.

- Further evidence was taken in the case Bedford v. Levin and Co., claim £3O. The case was adjourned till next day.

Wednesday, November 24. (Before Mr H. S. Wardell, R.M.) DRUNKENNESS. One first offender " waa dealt with in the usual way. , - 1 ’ . V . ; VAGRANCY. . • . *_ John Dixon, an old offender, pleaded guilty to the above charge. Constable Barrows deposed that he found the accused sleeping in a yard belonging to Messrs Cameron and Plimmer, plumbers, Waring Taylor.street, vat an early hour yesterday morning. His vvWorship sentenced the accused to seven ’I; days’-imprisonment with hard labor. DRIVING WITHOUT A. LIGHT. Jeremiah Lane pleaded guilty to a oharge driving a vehicle without proper lighting after the hour of-sunset; on the 17th November. A’fine of 5s and costs wa3 imposed. ’ j Vdriving across the footpath.

I Daniel charged with having driven a cart i in Ellicestreet on.the sth instant. A. G. Johnston, Inspector of Nuisances, deposed that he saw the defendant drive over the footpath on the date in question. Mr Devine appeared for defendant. Mr Devine contended that the Municipal. Corporations Act did not give any power to frame a by-law such as'the one under which the defendant was charged. His Worship remarked that Mr Devine-was broaching too large a subject for him#/ He was content to act by.; the by-law, and if Mr Devine wished /fco carry the matter elsewhere, of .course he could do so. A fine of 5s and costs was imposed, and Mr Devine gave notice of appeal. breaches of the property assessment ACT. Thotnaß K.. Macdonald was charged with having failed to furnish a statement of his property in accordance with the Property Assessment Act. Mr Bell appeared on behalf of the Crown. William W. Ludbrook, clerk, proved that the defendant had not furnished any statement, until after the information had beertlaid.; Charles Crombie, Deputy Property Tax Commissioner, deposed <to the. usual publication of notices. The defendant said that he was under the impression that the return had been forwarded, /there being a duplicate copy in his office. Immediately he learned of the dmission he rectified it. Mr Bell remarked that his Worship had no option but to impose a fine of £5 and order the payment •of triple the amount of tax, and he pointed out that the defendant’s only means of redress was to petition the Governor. A fine of £5 was inflicted, and an •order made to pay three times the amount of •tax. Similar charges were preferred against Jonathan Blandford and Walter Fell, and a fine of £5 with the triple amount of tax was indicted in both cases. maliciously wounding. • When the case against William Williams, •seaman on board the ship Timaru, for unlawfully and maliciously stabbing Alfred Bowling, chief officer of the vessel, on the • high seas, was •called on, Mr Bell, who appeared for the prosecution, asked that the case might be adjourned till some future date, as the evidence would be so long as to ocoupy the whole day in hearing. The case was adjourned till next Wednesday. The accused was formally placed in the dock, and remanded. SLY GROG. SELLING. A. E. R. Armstrong, proprietor • of the Ship Hotel, was charged on the information of J. J. Smith, cab proprietor, with having sold certain liquor to Edward Barlin on Sunday, the 14th instant. Mr Barton appeared for the informant, and Mr Jellicoe defended. John James Smith deposed that he went to the hotel at 7.50 p.m. on Sunday, the 14th. There was a man outside who knocked at the door and window three times- as a signal. When accused got inside saw three men named Weaver,

Williams, and Barlin sitting in a room.’ Mrs Armstrong came into the room with a bottle of brandy. He was asked by one of the men what he would have to drink. He said he would take a lemonade and beer, and Mrs Armstrong went away to the bar to get it. One of, the men and witness fol- . owed. Barlin paid for the liquor. Witness . drank some of the liquor, and then said that he was doing a bit of the detective business. Mrs Armstrong then went upstairs laughing. By Mr Jellicoe : Had been previously summoned by the defendant. ' Laid the information against Mr Armstrong on the 19th. The police had said that he had better lay the information himself, and they would render all the assistance they could.. Thomas Williams stated that when he entered the. hotel with Barlin- and Weaver no one asked them if they were travellers, but he thought one of the men (Weaver) with him had said that he was a traveller, Henry' Weaver and Ed. Barlin were . also examined. Their evidence .went to show that Smith had given them money to go to the hotel and get drink. Mr Jellicoe said that the oharge against the defendant was the outcome of spleen on the part of the informant. A. E. R. Armstrong deposed that neither his wife nor the barmaid had authority to serve liquor on Sundays to anyone but bona fide travellers of boarders. Was upstairs on the evening in question, and did not know what was going on below. By Mr Barton : Was not aware of any signal by which persons could get into his hotel after hours. Did not know that the party in question had been admitted into the hotel by knocking at the door three times. He employed two barmaids—Annie McCormick and May Jackson. May Jaokson, barmaid, deposed that when the men oame in, she asked if they were travellers, and they answered “ Yes,” Had orders from Mr Armstrong not to sell liquor to anyone but travellers and boarders. One of the men asked for brandy, and Mrs Armstrong, who was standing in the bar, asked what it was for, and one of the men said sickness. Mrs Armstrong then said that she could supply the liquor. By Mr Barton : Believed the men wanted the .brandy for. sickness. Henry Morice,’Police Sergeant and Inspector under the Licensing Act, stated that the Ship Hotel was a well conducted house. Was aware that the prosecutor had been informed that the police would take no action in the matter, but if he prosecuted himself the police would assist him. Henrietta Arxstrong remembered four men coming into the hotel on the 14th. Did not know who let them in. Heard the men tell the previous witness that they were travellers. They were then served. Would Bwear positively that the men said the brandy was for sickness. There was a man named “Andy” employed on the place to do odd jobs. If he gave three knocks on the door it was a signal that you could admit someone. Would open the door if the three knocks were given. By Mr Jellicoe : This man usually kept a look out outside the hotel. Did not recollect that anyone had told her on tho evening in question that he wa3 acting as a detective. Samuel Evens, cab proprietor, deposed that the informant came to his stables ope day last week, Witness was conversing with Armstrong. He (Smith) said he would have revenge on Mr Armstrong, Did not hear what Armstrong said to Smith. Tfiis was all the evidence. His Worship said the whole question was whether the liquor had been supplied with the belief that the men were travellers. His impression was that the whole thing was done systematically, and little as he favored the informant, he must convict. A fine of £2, with 13s costs, was inflicted. In reply to Mr Jellicoe, his Worship said that if he had any discretion in the matter, the conviction would not be endorsed on the defendant’s license. ' MUTINOUS CONDUCT. Otto Johnson, seaman, belonging to the barque Phoenix, was brought up charged with having, on the 19th instant, disobeyed the lawful commands of the captain, Mr Jellicoe appeared for the accused, who pleaded not guilty. There was another charge preferred against the accused of having, on the 13th instant, conspired with others of the crew, to disobey orders, the navigation of the vessel. Ups oharge was subsequently withdrawn, add} tho captain intimated his intention of laying a fresh information. The other charge - ' was then proceeded with. Edward Miles, master of the barque Phcenix, gave evidence to the effect that the accused had refused to unbend the mainsail, and said he was not going to do any moro work, and he wanted his discharge. The case was subsequently dismissed on the ground that the articles of agreement were bad. It was shown that there was no certainty in the contract, the terms therein only being described for any period under six months after signing. - -j., - ; ... . TRESPASS. A case brought by W. J. N. Robinson, architect, against A. J. Houguez, contractor, for illegal trespass, was dismissed, the complainant paying costs.