RESIDENT MAGISTRATE’S COURT.

New Zealand Mail, Issue 994, 20 March 1891, Page 17

RESIDENT MAGISTRATE’S COURT.

The charge against Mr Coleman Phillips for alleged breaches of the Land Act, which were set down for hearing at the Resident Magistrate’s Court on Friday, have be6n adjourned till Friday (to-day). The Resident Magistrate’s Court was occupied for a considerable time on Friday afternoon in hearing a charge of assault preferred by Mrs Macintosh against Andrew Miller, There was another information on

the oharge sheet, in whioh the positions of plaintiff and defendant were reversed. Mr Coates appeared for Miller, and Mr Skerrett was on the other Bide. The assault was alleged to have taken place at the Island Bay racecourse, and arose out of the husband of the complainant working a horse on a portion of the ground whioh the Miller Brothers and another man had ploughed up for their especial use. The evidence adduced was of a very contradictory nature, and when the case had been partly “® ar d Mr Robinson, at the requoat of Mr Skerrett, granted an adjournment to the 19 .h instant, when both informations will be dealt with. Magistrates all over the Colony have frequently been puzzled as to what is to be done with the waifs and strays found in the streets. In many instances these youngsters have not any criminal instincts, but have Bimply been left without homes, and are driven to sleep In the open air wherever they can find shelter. A case of this kind came before Mr Robinson the other day, a boy named James Astridge, being brought up on a charge of being a negleoted child. He was remanded, in the meantime Mr Coniter, a farmer at Petone, had come forward with an offer to give the boy employment, to see that he had some schooling, or otherwise provide for him. This kind offer was accepted by Mr Robinson on Friday, and Astridge was discharged, the Magistrate expressing a hope that he would beoome a worthy member of society. The young man Arthur Ellison, alias John Dunn, who was before the Conrt last week on two charges—one of having forged a name on a telegram, and the other with falsely signing a receipt for a money order—was brought up on remand on Friday, before Mr H. W. Robinson, R.M. The evidence tendered by the police was to the effect that the accused had come to the Telegraph Office, and represented himself to be William Noble, to whom a money order had been sent by wire from a Miss James, in Christchurch. The'latter gave evidence that she had sent the money as requested, but Noble swore that lie had not wired for it. Two telegraph employees identified Ellison as the man who came to the office and represented himself as Noblo, and signed the receipts. Hia Worship committed the accused for trial on the second charge, and on the first Mr Coates raised the point as to whether tae telegram as received wr.s admissablc* He contended that the law was plain that the original telegram could not be produced without the authority of the person who sent it, and this had not been forthcoming. His Worship, after hearing argument upheld the point raised by Mr Coates, and dismissed the charge without prejudice to any further action that might be taken by the police. The accused was admitted to bail, himself in £6O and two sureties for £3O.

Three persons, who had partaken too freely of Bpirituous liquor, were brought before Mr Robinson on Friday. In the case of a first offender, His Worship discharged him with a caution, in consideration of his having been looked np for severaj hours. Mary Murray was ordered to contribute 5s to the revenue or go to gaol for 24 hours, and Ellen Taylor, who had been remanded for medical treatment, was allowed to go free after being cautioned to refrain from the habit of drinking. .. s Messrs J. Collins, and C. A. Baker, j.p.'s, saton the Bop chat,-the Police Court, on Saturday, and ordered Thomas Kelsey, charged with being drunk, to pay 55., or go to gaol for 48 hours. James Kerr, an old man, who on the previous day had been ordered to pay 8s per week, for the support of his child, was brought up on a charge of having assaulted his wife: He pleaded guilty, and the police asked for a remand till Monday, which was granted. Arthur Ellison, alias” John Dunn, who had been discharged the previous day, the technical point raised by Mr Coates, his counsel, having been upheld by Mr Robinson, was brought up again on Saturday before Messrs J- Collins and C. A. Baker, J.P.’s. He was charged with having forged the name of William Noble to a .telegram, and after hearing the evidence, which was in regard to the facts the same as that given on Friday, the accused was sentenced to six months’ hard labour. The technical point was surmounted by Sergeant Major Ramsay calling Miss James, to whom the telegram was sent, to state that she desired the production of the original document. At the Police Court on Monday, before Mr C C Graham, R,M., two first offenders chatged with being drunk were discharged, after receiving a caution* James Kerr was brought up, on remand, charged with assaulting his wife, bat as she was not snffioiently recovered to be able to appear, he was further remanded till to-morrow. Annie Diamond was again brought up. but as the police considered her to be unable to take care of herself, the Bench ordered her to be examined as to her sanity. Later in the day Drs Kemp and McCarthy examined her and pronounoed her to be sane. In the Court on Monday, before Mr C. C. Graham, R. M., judgment wasgiven by default in the following cases : G. B. Clark v. G. Revan, £5 17s, costs 15a ; O. Pieroti v. T. Morris, £2 Is, coats 6s ; D. McLean v. J. Delaney, £1 Bd, costs 6s ; Commercial Trust and Loan Company v. 7. Herdman, £22 10s 6d, costa £1 ICa j New Zealand Loan and Mercantile Agency Company y. Hakaraia Te Whenua, £9 13s sd, coats £1 lie ; J. E. Potter v. G. Smith, £3 5s lOd, costs 7s ; F. S. Bartsoh v. W. Jones, £l, costs 6s. In the judgment summons case, C. Melntyre y. T. Williams, the defendant, was. ordered to pay 3s per week in satisfaction of a previous jadgment for £2 15s 6d. .... .. ?eur drunkards were brought before the Court on Tuesday, Messrs Gale and C. A. Baker being on the Bench. Three of them, inoluding a female named Margaret Smith, alias “The Doric,” who had recently served a sentence at Blenheim, were treated as first offenders, and fined ss, with the alternative of 24 hours’ imprisonment. John Nelson, who had been frequently before the Court, was ordered to pay 20s, or go to gaol for 48 hours. ■ . The oaoe of Annie Diamond, who has been brought up several times ou a charge of having been found unlawfully on the premises of Messrs Baker Bros., has proved a puzzle both to the police and the Resident Magistrate, The woman, although not

insane enough to be placed in a lunatio asylum, was evidently not fit to be at large, and on Tuesday she was brought up on a oharge of vagrancy, but the hearing of the oase was adjourned, Mr C. A. Baker, who was on the bench, having stated that he would see if she could not be received into the Salvation Army Home. A case of considerable interest to tram and bus drivers came before the Court on Wednesday, when Albert Edward Jeffs was charged with having wilfully obstructed a tram on the 11th inst. The complainant, Philip North, gave evidence to the effect that Jeffs was driving a bus in front of him, and etopped several times on the way to Newtown, pulling up across the tram rails. Ho was supported by three witnesses, and Mr Skerrett, for the defence, called the defendant, who swore that he had only pulled up for the purpose of allowing passengers to alight or to get into his vehicle. Counsel also urged that the tram had not been shown to be a legal one, but Mr Graham overruled this, and found the defendant guilty of obstruction and fined him 40s, with 23s costs. Mr Skerrett said he would take time to consider whether the decision of the Court should be appealed against, and gave the necessary sureties.