RESIDENT MAGISTRATE'S COURT.

New Zealand Mail, Issue 866, 5 October 1888, Page 22

RESIDENT MAGISTRATE'S COURT.

Before Mr H. W. Robinson, R.M., in the Magistrate’s Court last Friday, the evidence of the defendant in the civil case of N. Hyslop and Co. (Christchurch) v. C. Mclntyre (tf this cityb claim, £1 17s 10d, which is to be heard at Christchurch, was taken. An application was made by Mr Skerrett, on behalf'of . the defendant in the case of R. Kenneth v. J. A. and Mrs Persson, in which judgment was given on Thursday for £6 8s 6d and costs £2, that the case should be reheard, as thp defendant was not present on Thursday. The'application was granted, and after -going into the case again, his Worship gave judgment for -plaintiff for £4 7s 6d and costs £2 2s. : John A. Williams, licensee of the Kilbirnie Hotel, was charged at the Resident Magistrate’s Court last I’riday with havingassaulted Joseph Lloyd, a tram driver, on Sunday last. Mr Jellicoe appeared for the prosecution, and Mr Skerrett Jor the defence. The evidence of the informant and the witnesses called on his behalf was that on the day in question Lloyd and' a companion named Macdonald were in the hotel having a drink, being out on a fishing excursion. The ser. vant girl Gertrude, who was in the kitchen, called Lloyd in and spoke to him, and a few minutes later, while Lloyd was sitting on the verandah,! the defendant came up, took him by the collar,.and struck him twice on the face. It having being suggested by Mr Skerretts cross-examination that the plaintiff had been suspended by the Tramway Company because there were rumours that he had acted , indeoently toward the girl, Mr S. Smith, the fnanager of the Company, was called, and deposed that Lloyd had been under him for four or five years, and bore an excellent character. Constable Stewart also gave the plaintiff a good character. The defence was that Lloyd endeavoured to assault the girl indecently, and “threatened to tear her dress off” ; that the girl told Mrs Williams and a man named Clout, and that the defendant, hearing of it, committed the assault. His Worship held that, although the defendant assaulted Lloyd in consequence of receiving information which he no doubt believed to be correct, that was no excuse for his taking the law into his own hands. Under the circumstances, However, the Court would, inflict a nominsl penalty. Fined £l, with.£l.-163 costs. Messrs Ji R. Blair, ;J. H. Be thane, and F. Allen were the presiding Justices at the Resident Magistrate’s Court on Saturday. A first offender, for drunkenness, was convicted and discharged’’ and for a similar offence another first offender was fined ss, or in default 24 hours’ imprisonment. Thomas A. Temperly, also charged with drunkenness, was fined 10s, or 48 hours’ imprisonment in default. - The young man John Lenahan, who was arrested on Sunday on warrant on a -charge of .having failed to provide for the support of his illegitimate children at Auckland, was brought up at the Resident Magistrate’s Court on Monday morning. At the request of Sergeant-Major Moriee the accused was remanded to Auckland until the 6th instant. Bail was allowed in one surety of £SO. A woman named Sarah Jones was charged before Mr 11. W. Robinson at the Resident Magistrate’s Court on Monday with having stolen a bottle of gin from the Karori Hotel on Saturday last. The licensee of the hotel, Thomaß LangdoD,. stated that on Saturday afternoon he had occasion to leave the bar for ft few minutes, and on returning he saw

the accused going out of-the.'door with a bottle of gin under her shawl. Me went after her and accused her of the theft, and she admitted having taken the bottle. She returned the article and asked to be forgiven. He had never seen the acoused before. The accused- stated that she was

ill on Saturday in consequence of the death of her little boy, and she did hot know what she was doing; Constable Stewart stated that when he arrested the. accused she admitted her guilt,-, but s*i(pt she could not help it. The accused said some years ago she was an inmate »of the Lunatio Asylum, and at times she was very eccentric. Sergeant-Major Morice' said there was nothing known against the prisoner by the police. Chief-Detective Browne said the accused had previously borne a good charac. ter, and he thought her present position was due to drink. His Worship discharged the accused. .

Mr H. W. Robinson, R.M., presided at the sitting of the Resident Magistrate’s Court on Monday. John Kelly, alias O’Shaughnessy, charged with drunkenness, was fined 10s or 24 hours. Lee Way was charged with having false weights in his possession. Mr Jellicoe for the defendant, who pleaded ' not guilty. After evidence had been heard, his -Worship fined the defendant £l, aud oosts 73. His Wor-

ship said he would impose a far heavier penalty in the next ease of the kind that came before him. Two littld boys named Daniel Palmer and , William Clark were charged with having stolen' a bird cage and two canaries, value £2, the property of H.B» Parsonage. Both the accused pleaded guilty. His Worship ordered them both to be brought np next morning ’pending inquiries as to their previous conduct. His Worship dismissed a petition by Daniel Egan to set aside a - married woman’s protection order obtained by Bridget Egan on the sth May, 1884. Mrs Egauwas then charged with having- failed to comply with an order by which -she was required to pay the sum of £1 per week, toward the support of her husband, Daniel Egan. Tiie arrears were stated to be £17,105. It appeared that on the sth October last an application was made and granted that the amount of the order should be reduced to 13s, On condition that Egan had the use of a certain cottage wbioh Mrs Egan then had- possession of. It appeared that he .had ’hot had.the use of the cottage, and he now claimed--the difference between the 13s and .the amount qf .tho original order. His Worship" dismissed the case. Mr Mentdatk apjiSared fqr_ Egan, and Mr Skerrett for- the" defendant; '

James White was brought up at the Magistrate’s Court on Monday and charged with having, on the 18th September, stolen a horse, .saddle and bridle, valued at £SO, the property of Robert Somerville. Mr C. Bnnnv appeared for the accused. SergeantMajor Morice asked -for a remand until Monday next, in order that several of the witnesses, who reside", in the country, could be produced. He pointed out that the prisoner could not be tried at the present sittings of the Supreme .Court. Mr Bunny offered no objection to the remand under the circumstances. His Worship . granted the remand as asked for, and allowed bail—the accnsed in a sum of £IOO and two sureties of £SO each. v , Mr H. W. Robinson, R.M., .presided at the eitting of the Resident . Magistrate's Court on Tuesday. John Fitzgerald, on remand from last week on a charge of vagrancy, was again brought up. SergeantMajor Morice stated -that he had ascertained that the man was without friends in the Colony. There were no previous charges against the accused. His Worship sentenced the man to two months’ imprisonment. A second charge against the" accused of having threatened to commit wilfnl damage to certain property, was withdrawn. The two boys, Palmer and Clark, who pleaded guilty on Monday to the larceny ot a bird cage con. taining two canaries, were brought up for sentence. Detective Kirby informed his Worship that both the accused had been in trouble before. His Worship committed both offenders to the Burnham Industrial School until they attained the age of 15. The father of the boy Clark was ordered to contribute toward his son’s support. The • youth John Reese, charged with the larceny of a horse, saddle, and bridle, the property / of J. Eernandos, was. remanded until next day.

Judgment for plaintiffs was-given in the following civil cases at the Resident Magistrate’s Court, before Mr H. W. Robinson, on Tuesday :—Wellington Meat Company v. William Crutohley, £3 5s 9d,'aud costs 6s ; Charles Brown v. William Smith, £5 4s lOd, and costs 11s ; George Stuttei; v. Henry J. Bradnock, £3 0s Bd, and costs 8s ; C. Russsel v. Richard Vance, £6 15s, and costs £1 Is ; Henry Grimes v. James F. ' Mackendrick, £4 2s 9d, and costs 6s ;\ C. Mclntyre v. Simon Moar, £5 lla 2d, and costs 16a ; J. Stennett v. James Rowe, £3 13s, and costs 6s; Sir William Fox v. G. Black, £l4 2s, and costs £2 Is. In the judgment summons case of Williams v. Hogg, claim £3 3s 9d, an order was made for tho pay. ment of the amount by instalments. The following were defended cases William Spring y. Edgar Ashcroft and Co., claim £3O, judgment for £lO, and costs £2 4s. Mr Skerrett for plaintiff and Mr Brown for the defendant. W; George v. W. Walsh, £2 10s, and costs £1 7s. Mr Skerrett for

plaintiff, and -Mr -Jellicoe for defendant. Official Assignee v. P. W. Walsh, £2 19s 2d, and costa 6s. Mr Skerrett appeared for .the plaintiff, and Mr Jellicoe for defendant. The case of Halley and Ewing v. D. Robertson, claim £64 18s lOd for goods supplied, was partly heard, and then adjourned until Friday (to-day). ; .