RESIDENT MAGISTRATE'S COURT.

New Zealand Mail, Issue 942, 21 March 1890, Page 11

RESIDENT MAGISTRATE'S COURT.

Friday, March 14. ' (Before Messrs C. C. Graham and H. W. Robinson, R.M’s.) Alleged Assaults. —A case against Charles Williams for recently assaulting Constable Darby, of Carterton, while in the execution of his duty, was remanded for hearing at Carterton to-day. The hearing of a charge of assault preferred by William R. Layton against J. Sinclair, was remanded till to-day. Daniel Davis, charged with beating his wife, was sentenced to 14 days’ imprisonment. Mr Tanner appeared for the complainant. Drunkenness. —A first offender, a female, for this offence, was fined 5s or 24 hours’ imprisonment. Maintenance. —James Nolan, master of a Harbour Board tug at Greymouth, was ordered to. contribute LI per week toward the support of his sister, who is at present in a destitute condition. David Braid, who did not appear to answer a summons charging him with neglecting to contribute 10s per week toward the support of his father, was ordered to he imprisoned for seven days, the execution of the warrant to be suspended, for 14 days to give him a chance of settling arrears. Protection Order. A married woman’s property protection order, applied for by Mrs von Meyern against her husband, was set down for hearing, but, as the applicant had not paid the hearing fee, the case was remanded till Tuesday next. . Assault. —A charge against a Chinaman named Hong Lee for attempting to commit an unnatural offence upon a lad 12 years of age, was adjourned till Tuesday next. Lee was allowed hail on his own recognizances of L3O, and two sureties of Ll 5 each.

Saturday, March 15. (Before Messrs E. Pearce and J. W. Poynton, Justices.) Assault. —John Sinclair, of Palmerston North, was charged with assaulting Robert Leighton, of Pitone. It appeared from the evidence that the defendant struck the complainant on the head with a hammer on the 2nd February. It seems that Leighton, previous to the date named, placed a bailiff in possession of premises occupied by the defendant, who then lived at Pitone. On the day mentioned in the assault, the defendant was seen endeavouring to effect an entry to his former premises, which had been nailed up, and on the complainant going to stop him, he was struck on the head with a hammer, and he also received a blow in the eye from defendant’s fist. The defendant denied the charge. The

Bench dismissed the case, and remarked that the conduct was most unseemly, especially for a Sunday morning. Mr Skerrett appeared for the informant, and Mr Hall defended.

Tuesday, March 18. (Before Mr H. W. Robinson, R.M.) Drunkenness. —A first offender for this offence was cautioned and discharged. Breach oe the Harbour By-Laws.— John Murray, who has been before the Court on several occasions on a charge of throwing ashes into the harbour from off 'the s.s. Kahu on the 25th February, was again brought up, and, after hearing evidence, . Mr Robinson fined him 10s and 7s costs.

Maintenance. —A charge against Fred. Moore for failing to comply with an order of the Court made against him for the support of his wife and children was, by consent of his wife, remanded for a fortnight. Alfred von Meyern was ordered to pay 25s per week toward the support of his four children ; and Mrs von Meyern was granted a protection order and the custody of the children. A Neighbour’s Quarrel. Lydia Scott was charged with assaulting Mrs Hutchings. It appears that both parties live near to one another in Sussex square, and there have been numerous quarrels during the past six years. It was alleged that on the 9th inst Mrs Scott struck the complainant on the back with a 100 of wood. After hearing other evidence his Worship was of opinion that an assault had been committed, and fined Mrs Scott 10s and 9s cost. Mr Robinson also bound both the parties ever on their own recognizances of L 5 each. He also expressed the hope that the ill feeling that had existed between them for some time would cease.

Alleged Larceny.—A charge against William Hildreth, senior, and William Hildreth, junior, for stealing some bottles belonging to J. L. Bacon, was adjourned, with the consent of both parties, until the 25th inst, the accused being released on their own recognizances. No Lights. —S. G. Parkes, licensee of the Oriental Hotel, was fined Is and 7s costs for failing to keep a light over the door of his hotel on the 6th of February. Criminal Assault.— The charge _ of criminal assault, brought by Harriett Mallowes against Phillip Wirth, was heard at some length, and adjourned till next morning. Wednesday, March 19. (Before Mr H. W. Robinson, R.M ) Criminal Assault.— The hearing of the charge of a criminal assault against Phillip Wirth by Harriett Mallowes was resumed. Mr Skerrett addressed the Court at some length on behalf of the accused. Mr Robinson, R.M., in giving his decision, said that the duty of the Court in a case of this kind was not to try the accused, but to ascertain if the evidence was sufficient to send the case to a jury. The evidence for the prosecution was twofold : First, there was the evidence of the girl, which was not corroborated, and there was the testimony of the other witnesses, who contradicted the main witnesses for the prosecution in several respects, and looking at that fact it became a consideration for the Court as to whether her evidence upon the only point that would be unsupported would be sufficient to go to a jury. The whole point was whether there was consent or not, and the question for the Court to decide upon was whether there was reasonable evidence to go to a jury to support the negative of consent. He did not think there was, and he should feel justified in dismissing the case because of the incredibility of the girl’s evidence, which was uncorroborated and contradicted on several material points. He held that her whole conduct went to show that there must have been consent. The accused was then discharged. (Before Messrs Eb. Baker and C. T. Richardson, Justices.) Drunkenness.— Mary Miller, charged with drunkenness, was fined LI, in default three days’ imprisonment. Disorderly Conduct. —Three firemen, named John Hutchins, Edward O’Keefe, and Charles Fern, who created a disturbance outside the Pier Hotel on the previous evening, and resisted the arresting constable in the execution of his duty, were brought before the Court. Hutchins was sentenced to 24 hours’ imprisonment for using obscene language, and for assaulting Constable Doyle he was fined L2, in default a month’s imprisonment. O’Keefe, for assaulting the police, was fined L2, in default a month’s imprisonment ; and Fern, who was charged with obstructing Constable Doyle in the execution of his duty, was fined LI, in default 14 days’ imprisonment. Obscenity.— Thomas Bryant, charged with using obscene language in North street on "the sth, was sentenced to six hours’ imprisonment. Breaches of the By-laws. —For allowing their horses to wonder, Hy. Knowles,' James Graham, Patrick Daly, John Campbell, and Nathaniel Balls were each fined 2s and costs. Jacob Bloom, for allowing the of his house to catch on fire, was fined 5s and costs. John McLean, Charles Mill ward, George Waters, William John Morpeth, and Frederick W. Morris were each fir 2:' with 7s costs, for failing to register their dogs. George Waters, for burying nightsoil on his premises in Cardell street, wasiined L2 and

costs 7s. John Pooley and Lee Way, for failing to comply with the new watercloset by-law, which requires that privies shall be emptied at least once a fort night, were each fined Is and costs ss.

At the Magistrate’s Court on Monday, before Mr H. W. Robinson, R.M., two seamen belonging to the barque Parsee, charged with being drunk while on the Queen’s Wharf, were each fined ss, or. 24 hours’ imprieonmeut. One of ihe couple, Thomas Morgan, was also charged with assaulting the chief officer of the vessel, who, it seemed, had given offence by smashing n bottle of brandy which the man’s mate was taking on board the ship. The captain and comolainant gave the seaman a good character, and Mr Robinson sene him to gaol for 4S hours. A first offender, for drunkenness, was cautioned and discharged. This was all the business of the sitting.

ASSESSMENT COURT. The sitting of the Assessment Court was resumed on Friday before Mr H. W. Robinson, R.M., when a number of adjourned cases were dealt with. Reductions were made as follows :—Thorndon Ward—J. M. Cleland, two properties from Ll 5 to Lll each, three from Ll 4 to Ll2 each, two from L 23 to L2O, one from L 75 to L7O, and one from L4O to L 37. Lambton Ward—T. K. Macdonald, one property from Ll4O to Ll2O, one from L2OO to Ll9O, and one from Ll2O to LIOO. Te Aro Ward—R. Somerville, LIOO to L 75, by consent; J. M. Cleland, two from LlB to Ll 7, and one from Ll 6 to Ll 5. With regard to the appeal made by Mr D. Sladden against the valuation of L6OO on the machinery at the Freezing Company’s premises, Waterloo-quay, his Worship said he had looked up the authorities on the matter, and he decided that the valuation should be sustained.