RESIDENT MAGISTRATE'S COURT.

New Zealand Mail, Issue 916, 20 September 1889, Page 23

RESIDENT MAGISTRATE'S COURT.

At the Magistrate’s Court last Friday, before Mr H. W. Robinson, R.M., Thomas Marsh Davies was charged on remand with obtaining the sum of £2O by means of false pretences from Thomas Turnbull. Mr Gray, who appeared for the prosecution, said he had no further evidence to offer, and did not wish to proceed any further with the case. The case was accordingly dismissed. David Cougblan, a lad aged 11 years, pleaded guilty on Friday to committing wilful damage to the yacht Red Jacket, the property of Mr HaAvke. The mother of the boy stated that her son had been away from home for three weeks. Mr Robinson committed the boy to the St. Mary’s Industrial School at Nelson, until he was 15 years of age, the father to pay 4s per week toward his support. Three boys named Arthur Lake, Bertie Furniss, and J. Wade were charged on Friday, with the larceny of several pieces of zinc, brass, and copper, the property of T. K. Macdonald and Mrs A. W. Fulton. The father of Lake stated that his son had been an imbecile since his birth. The mother of Wade and the father of Furniss were also in Court, and gave their children a very eood character. His Worship remanded them all until to-day, ■ and ordered Lake to be medically examin A first offender, for drunkenness, was fined ss, with the usual alternative, by Mr H. W. Robinson last Friday,

&. Elliots was charged on remand at the Heaidenfc Magistrate’s Gourt last FHday, before Mr H. W, Robinson, R. M,, with assaulting Wong Hung-. Mr Skerrett appeared for the prosecution and Mr Menteath defended. The defendant stated that he visited the shop of Wong She on the 29th August, and asked for 21b3 of onions. Some «f the onions were af an inferior quality, and he objected to getting only 21bs for Is. Whereupon ho was suddenly struck on the .head, which knocked him down. Just then mx. more Chinese came and made a Bavage assault upon him. Michael Higgins gave ■similar evidence. After hearing further evidence his Worship dismissed the case. Mr Skerrett, on behalf of Wong She, withdrew the charge of a similar nature against Higgins. Last Friday, before Mr H, W. Robinson, R.M., Ah Chee, employed on the steamer Whampoa, was charged with smuggling 29 cigars without paying the Customs duties. The accused stated that he had brought them ashore for a wick friend, but his Worship disbelieved this, and Sued him £2 ss, or in default seven days' imprisonment. At the Magistrate’s Court on Monday before Mr H. W. Robinson, R.M., William E. Bannister, formerly a clerk in the Postal Department, who was committed for trial last week on a charge of misappropriating Government moneys, was further proceeded against upon the second charge of a similar Mature. Mr Gully appeared to prosecute and Mr Bell defended. Mr H. D. Bell, solicitor, stated that he had no recollection of having received a Post Office order from Mrs Stafford, of Nelson. She might have seat him an order. Was certain he did not cash any Post Office order after 1885 received from het, as she died in that year. Did not after 18S5 apply for any renewal of a PostjfOffice order. T. K. Warburton, controller of the Post Office Money Order Department, read his evidence to the Court, which was similar to that given by him in the previous case. The witness informed the Court that the order in question was issued at Nelson in November, 1881, on-Wellington. The amount was for £3 12s 6d. The remitter was C. A. Stafford, and the payee H. D. Bell. The office was advised of non-payment and fche order was renewed on the sth January, 1387, a renewal being recorded p.b having been issued to the original payee, Mr H. D. Bell. The application for a renewal was iu the handwriting of the accused. The order was paid on January 12th, 1887, apparently through the bank. The witness was crossexamined at some length by Mr Jellicoe. Mr Gully intimated that this was the case for the prosecution, and that he only intended proceeding with two out of the remaining five informations. Mr Jellicoe asked if the Court considered there was a case to answer. His Worship thought there was. The defendant, who reserved his defenco, was theu formally committed for trial, bail being allowed the same as in the previous ease. The other three oharges will be heard today.

Judgment for plaintiffs was given on Monday, before Mr H. W. Robin OH R.M., as follows :—J. Lewis v J. McCartny, £1 13s and costs 6a; E. W. Mills and Co. v G. W. Arney, £l9 Os 8d and costs £1 Is ; New Zealand Mutual Creditors’ Association v W. W. McCardle, £22 and coats £3 13s ; Wellington Biscuit Company v Mrs J. Thompson, £3 4s 8d and costs 6s; H. T. Leppc-r v A. Marsh, £2 2s and costs 7s ; T. J. Leighton v Charles Ball, £5 and costs 6s ; T. K. Macdonald and Co. v J. Nicholis, £4 and costs £1 18s. After evidence had been taken in the case of M. G. Henderson v Henry Berg, a. claim of £5 8s for house rent and damage alleged to have been Jone to the house, the case wa3 adjourned for a week in order to enable the defendant to produce a receipt for the amount. At the Court on Tuesday, before Air H. W. Robinson, R.M., Robert Whitchurch was charged with maliciously damaging five chairs, the property of George Walker, on the 20th inst. From the evidence of the complainant and Mrs Walker it appeared that the defendant came to their restaurant on the date mentioned and asked if there wore any chairs or mattresses that wanted repairing, and was told there was none. Defendant was seen by Mrs Walker bending over some chairs in the dining-room, and shortly afterward it was discovered that the chairs had been cut wifcn a knife, which was estimated to costs £1 2s 6d to repair. Lhe tlo'endanfc denied the whole statement, and said that upon being told there was nothing for him to do, he immediately left the place. His Worship considered the case proved, and fined Whitchurch 20s, and ordering him to pay 17s 6d damage, and 10s costs of Court, or in default seven days’ imprisonment with hard labour. Joseph Lloyd was charged before Mr H. W. Robinson, R. M., on Tuesday afternoon with failing to comply with an order made against him for the support of the illegitimate child of Emily Gingell, of which ho is the putative father. Mr Jellicoe appeared for the complainant and Mr Staite for the defendant. Mr Staite raised an objection, which, was not sustained. Mr Jellicoe called Mr -James, the clerk of the Court, who nroduced the original order, which showed that at the present time the defendant was in arrears to the amount or £5 2s 6d. Mr Staite pointed out that bin. client had done a ! in his power to comply with Lae order. Mr Jellicoe contended that ha hail not. There wa-i another application to vary the order. Mr Staite explained that if the payments were forced, defendant’s wife would have to summon him for support. Mr Jellicoe stated that an order had been made, and it simply remained whether the defendant was allowed to sat the Court <?>fi defiance. His Worship said, after taking all tile evidenco into cons.deration, it proved that the defendant had paid a large amount toward the child’s support. B.is Wor-nip was satisfied that the defendant had none his best to obey the order, and he would reserve his decision for a week, and in the meantime Mr Staite eon id made inijii' r ies into the mother's ability to provide toward the child's support. ifour seamen, named Edward Coughlau, John McCarthy, alias Sullivan, George Smith, and Ossar Moss, were charged he ore Mr K. W. Robins m on Tuesday, with the larceny of a bottle of brandy (of the value of 7sj and about los iu money, from

fehd Ship Hotel, on the 15th instant. The I accused were defended by Mr Staite. From the evidence it appeared that, shortly after ' 9 o’clock on Sunday evening, several men rushed into the side passage of the hotel and called for drinks. Witness refused to serve them, and then Smith kicked open the bar door, and, entering, helped himself and his compauious freely to liquor. They knocked the witness (Mclntosh) about, and, when leaving, took away about three bottles of spirits and about 15-i out of the till. As none of the witnesses could swear to seeing Moss take part in the row, his Worship discharged him, but sentenced Smith to three months’ imprisonment with hard labour, and McCarthy and Cougklau to one month’s imprisonment each. Smith was then charged with assaulting Constables Grey and Webb in the execution of their duty, and on tbo first charge was sentenced, to three months’ imprisonment, and on the latter to one month’s imprisonment. J. Hymns w-3 charged before Mr IT. W. Robinson, R.M., at the Resident Magistrate’s Court on Tuesday, with attempting to pass on Jo Hung a gilded sixpence to re< present a half-sovereign, knowing tho same to be a counterfeit, and also with making a false verbal representation with a view to obtaining m nej. The evideuce of the complainant was to the effect that accused came into his shop in Taranaki-street on Saturday evening, and »>kedfor a packet of cigarettes and 9s fid ill silver, for which he tendered a gilded sixpenco. There was auotker man in the shop when witness gave accused the change. Evidence of a similar character was given by William Richards and Constable Cox. His Worship did not think there was a case to answer, and discharged the accused. At the Court on Tuesday afternoon, before Air H \V. Robinson, R.M., B>rbara Bruce applied to have Simeon Fraser bound over to keep the peace toward her. After hearing evidence iu support of the charge, his Worship bound the defendant over to keep tho peace toward the complainant for three months iu his own recognisance of £lO.

A woman named Emily Olam, a’iai Ferguson, was charged at the Resident. Ma. gistrate’s Court on Tuesday with the theft of a hat of the value of 30a, the property of Annie Stevens. Accused admitted having the article in her possession, but said it was lent to her. The complainant deposed to losing the hat on the 15th inst;. One of the complainant’s children saw the woman leave the premises with the hat. After the evidence of Detective Campbell had been taken his Worship, MrH.W. Robinson, R. M., committed the woman, against whom there was a previous conviction, to three months’ imprisonment, with hard labour. A man named James Smith was fined 10s or 24 hours’ imprieonmeut on Tuesday for being drunk.

Wednesday, September 18. (Before Messrs E. W. Morrah, E. W. Mills and C. A. Baker, Justices.) Drunkenness. —A first offender, who had been released on hail, did not appear, and the Bench imposed a fine of 10s, in default 48 hours’ imprisonment. Robbing a Tile.— A young man named James Morris was charged with having stolen the sum of LI 7s from a till at the Kilbirnie Hotel. The accused said he knew nothing of the matter. The licensee of the hotel, J. A. Williams, and Constable Stewart having given evidence, the Bench- considered the charge proved, iind sentenced the accused to a fortnight’s imprisonment. On a further charge of damaging a bucket at the Police Station, Morris was fined Is, and ordered to pay 14s damages, in default a week’s imprisonment. (Before Messrs E. W. Mills and C. A. Baker, Justices.) Alleged Larceny. —John Lane was charged, on the information of Patrick Carney, with the theft of a horse. Mr Jellicoe, who appeared for the prosecution, said that he had advised his client that his remedy was a civil one, and lie was quite satisfied there was no felonious intent on the part of the defendant. He did not propose to offer any evidence. Mr Skerrett, who represented the defendant, commented very strongly upon the action of the Justice in issuing a warrant for the arrest of his client without making the slightest inquiry into the matter. No evidence being offered, the Bench dismissed the case. By-law Cases. —W. C. Webb and J. Inkersell, for driving their vehicles on the footpath in Russell-terrace, were eacli fined Is and 7s costs. For driving round a street corner at other than a walking pace, James Rod was fined 10s, and 7s costs. William Wise and Thomas Bills were each fined Is, and costs 7s, and 11s respectively, for carrying goods in unlicensed vehicles. John Radford, for a similar offence, was fined 10s, and costs 17s. Hugh Doherty, for driving an u -i----licensed cart, was fined Is, and costs 0s ; and Thomas Kearney, for having failed to paint the number on his cart, was similarly dealt with. Wandering Horse.— For allowing a horse to wander at 1 rge, Jessie Shilling was fined Is and 12s costs. Weights and Aleasur.es Act. —John Smith and William Incledon, for neglecting to stamp their weights, were each fined 5 - and 7s costs. Smith, for having an imperfect weight in his possession, was also fined Is and costs 7s. A. W. Stephenson did not appear to answer a charge of neglecting to have his weights stamped, and a fine of 10s and costs 7s was imposed.