MAGISTERIAL.

Timaru Herald, Volume XLVI, Issue 4185, 8 March 1888, Page 3

MAGISTERIAL.

TlMAEU,— Wednesday, Mahch, 7th. (Before E. Q-. Koir, Esq., J.P., and His Worship ilic Mayor.) DIUJNKENNE33. Thrco inebriates, all of whom mournfully admitted their guilt, were fined 5a each. LARCENY. Walter Haig was charged (1) with stealing 1 pair blankets, 1 ehirfc, 1 towel, 1 razor, &c, all of tho value of £L 33, tlio property of 'iimothy Sheehan, (2) with larceny as a bailee of a concertina valued at 143 the property of Digbr Andrews, (3) withslculinga Bilk handkerchief tho property of John Morgan. From tho statement of Inspector Broham, it appeared that the first lot of articles comprised a swag which accused got at tho railway station ; m tho second cano accused had gouo to live at Andrews' boar.iing-liouse, and had immediately taken therefrom tho concertina ; m the third instance he had gone to the Royal Hotel nud had been seen (hero rummaging a box, and to take therefrom a silk handkerchief. Accused admitted his guilt. Tho bench snid nlthough nothing was known to them against the man, tho offence was a serious one. A leniont view would be tnkon of his first offence mid he would go to gnol for one month with hard labour on each charge, the sentonces to bo cumulative Tlie accused having been removed, Mr Snick, pawnbroker, preferred a request to tho bench that they would order the prosecutor m the first caso to pay him (Snick) 4s, tho amount for which ho had bought tho blankets, (not knowing they were stolen). Tho bench refused, remarking that the property belonged to its owner, no matter how it might have changed hands. It was stolen property, though the applicant did not know that when ho bought it. The owner could not bs called on to pay on his stolen property. Had tho blankets been, pawned such an application might have been entertained. AS3IULT. Der.nis Helternau wus charged on the information of .J. O'Neil with assaulting him and U3ing abusivo language to him on tho 23rd of last month at Pleasant Poiufc. Two similar informations were laid by Heffernan against O'Neil, the circumstances m both cases being identical. Mr While appeared for defondant. Inspector Broham asked that tho words, "Cor.stablo Stanley, on 'behalf of John O'Neil be ndded to the information. This, after somo demur on the part of Mr White, was granted. Mr White submitted that the police could not lay an information for assault on behalf of an adult. Tho objection was over-ruled. Inspector Brolmn called evidence : J. O'Neil : On February 23rd was m company with defendant, playing card 3at Murphy's Hotel, Pleasant Point. A question of £35 or £40 was being discussed, and Heffernan called him a liar and subsequently struck him. Heffernan threw him down and struck him m tho ribs with his fist. He aho hit him m the eyo and followed him up as he was getting away, and used very bad language. Was 59 years old and had giren no provocation to defendant. To Mr White : I hud throo whi?kics beforo this lmpponed. The quarrel arose out of a card dispute I did not strike him first. Ho got hold of mo. H. C. Bogers, labourer, remembered the 23rd of last month. Saw Heffornan offering to flght. O'Neil was anxious not to fight, and would have gone away, only that HciTernan kept on assaulting him. To Mr Whito : I saw thn wholo affair. I do not know what happened m the hotel. Mrs Murphy, wife of Josephns Murphy, related what occurred, but m n rather indistinct voice. From her evidenco it appeared that. Heffernan was tho aggressor. To Mr White : I saw the proceedings outside. I paw most of tho occurrence Bridget Brosnahan, domestic, rememborod the occurrence, and confirmed tho evidence of Mrs Murphy. In cross-examination by Mr White witness adherod to her original version. Sho did not regard the matter at tho timo as osactly | sorious, but O'Neil cot rough treatment. For tho dofoneo Mr Whito called : Denis Heffernan, defendant, who said O'Neil was under tho influence of liquor and struck witness, who collared him, and m warding off his blows, might have struck him. Never hit him on tho head. It was a more rough and tumble affair. To Inspector B:oham : I do not know that I am m tho habit of getting into these ro.ujjh and tumble affairs. I hayo b.ecn convicted hern for assault. Mr White considered the lino taken by tho | polico very unfair. Thomas Macrae, groom, Pleasant Point, saw a pulling match betweon tho parties. ] Saw no blows struck, saw hands moving. Saw tho parties BOpavato. Saw no serious encounter. To Mr Broham : Constable Btanloy spoke to mo about it j I did nof. say to him that I know nothing of tho affair becauso I v.'as washing a buggy. Ho did not go. to mo as a constable. Ho stopped one! had a yarn, a9 he often did. (Witness hero determinedly fenoed tho question of the inspector i» to whethor ho told tho above tr> tho constablo nncl was peremptorily ordered to answer the question directly; To Mr While : I did not toll tlio constable what has been said. Inspector Broham nslscd lcavo to cull Constable Slanly to rebut thin ovidencp. j Mr White objected la Oonstftblo Stanley boing allowed to i«main m court prompting tV.o inti)>Prto\'. Mr Broham was surprised at Mr White Inking up Iho time of tho court with voxatious objections. Mr Whito warmly criticised Mrßroham's expression, but tho lunch uaid that was a question f°? tlioiii ami (ho or.so proceeded. ."/tvamiinh Duly, labourer, said O'Noil utruplc the first blow. Thoro woro somo wo wis. O'Neil was slaggoring about. There whs only' v Bcufflo, not a light. Tho old man wan never struck m tho eye. To Inspector Broham i X wo* convicted, m Dunndjn, of malicious injury to property. Mr Whilo, laughing sardonically, obsnrvod that ho supposed that would make it impossiblo for the mm to tell tho truth. It waa a scandal to ask such a t ling. Inspector Broham indignantly repudiated tho suggestion of a scandal, Oonstablo Stanley, called by Inspector Broham, slated that tho man Macrae told him ho saw nothing of tho affair. Inspector Broham asked Mint HefTernan should bo bound over to kcop tho pence He wan a public pest m tho district. Thcro was a counter chnrgo of assault against, I O'Neil, and Uii> two parlies ha-.l nlso brought charges of nhuaivolanguago against ench othev. Tho Bench dismissed tlio charges oflabusivo languago and took tho two. assault cascß as heard m one Mr Whito, having biiotly addressed tho court, tbo bbnch said they considered tho ciinrijo fully proved. The ehnrgo against O'Noil would bo dismissed. HefTornau would now bo flnml HT, and costs. Tho application of Inspector Broham to havo him bound over would not bo entertained, wi the bench did not desirn to Sjo i,oo harßft, They rceoinmon^otl Hcll'ur'uiin not to got nii^cd uj) m any further brawls. If ho appeared hgiun'on n similar elmrgo, ho would bo lined tho innximmn penally and ho bound over. In default, of payment ho would be imprisoned for two months,

TEMUKA— Mabch 7th, 1888. (Before Captain Wray, E.M.) Henry Hackett was fined 5a or 24 houra for druukonness, and 10s or 43 hours for using insulting language. DEFECTIVE "WEIGHTS AND SCAIE3. James Marshall was charged with being being unlawfully m possession of one 141 b weight which was one ounce light. The Inspector of Weights and Measures gave evidenco of tho fiuding of tho weight on Marshall's premises. The defondant swore that the weight had been used for keeping the door open and for no other purpose for the last ten years. Fined Is. William Mason, of Orari, was charged with having a defective spring balance m his possession. Ho declared that tho balance had not been used for the past three months. —Fined Is. James Winning was charged with being m possession of an imperfect scale The scale was produced and it was shown that the indicator at tho top was broken off, but that tho balance of the scale was unaltered. Tho defendant said they wero as he had purchased them on taking over tho business, and that if be had known it to bo necessary he would havo had them repaired. His Worship said that m this caso he would not record any conviction, as to do so would ontail the confiscation of the scale, and it was evident that there had not been any intention t,o defraud. George Bolton was charged with having a :ortain unstamped weight m his possession, rhe iuspeotor stated that tho weight was correct, but it was unstamped. — Fined Is. Taylor and Velvin wero charged with liaving an unstamped weight m their pocses3ion. J. W. Volvin swore that tho weight bad not been used. Fined Is. His Worship said thut as this was the first visit of the inspector ho had inflicted merely nominal fines, but that more care would have to bo exercised m future. It was not necessary that unstamped or light weights should bo m use, it was an ofTonee to have them m possession. UNLATYFUIi RECEIVING. John Woodheid wa3 charged on the information of Peter Coira that ho did unlawfully receivo an overcoat, knowing the same to havo been feloniously stolen from the Wallingford Hotel, Temuka. Mr Aspinall appeared on behalf of the accused. Peter Coira remembered tho cost being stolen ; it was brought to the hotel onJOctober 4th, 1887, and hung up by tho owner. It was missed the same evening und ho (witness) had^been on the look-out for it ever since On the 25th of last month was at the house of accused. Saw the coat there ; recognised a particular mark described by tho owner. When asked where it came from tho accused said it was lent to him, and asked if the party who had lent it had not come by it honestly. He declined to say who gave it to him, and said he " would rather do a month than split on his mate." When told to bring it back ho said he would take it where ho got it. After waiting three days witness went to him again ; ho still declined to give tho name, I'ho valuo of tho coat was 255. Cross-examined by Mr Aspinall : Could identify tho coat, i'ho owner mado frequent enquiries as to whether it had been found. Iho accused made no objection to hia looking for Iho coat. To the bench : Could swear to the coat although it was possiblo that he might be dojcived by a resemblance Constable Morton said ho went to the residence of the accused on the 29th January, md asked him for the ooat when ho tjtated that he had returned it, but declined to say who had given it to him. To Mr Aspinall : Accused came to the :ourt to receive the summons. Had known liim for soven years. Knew nothing against aim except a fondness for beer. Mr Aspinall submitted that thore was no »co, as larceny had not been proved and there was no identification of any coat. John Woodhead deposed that ho was a Farmer at Temuka. He had borrowed tho :oat, and hud sworn ho would not say who ho had got it from. The man who lent it to liim had promised to be present, but had not ;ome. Still declined tj Bay who the man was, but if ho (the man) had not manhood to be present, he, witness, had manhood 3nough to go to gaol for him. His Worship decided to allow time for reflection, and remanded tho case for a week. CIVIL CASE 3. Judgment by default for tho amount claimed and costs was given m tho following 3ases:— Mogridge v. Fenn, claim £1 5s 2d ; same v. C. Kerr, claim 18s 3d ; same v. J. Mcßrafney, claim 8s Id. Haar v. Swanoy, claim £16 11s Bd. MiRaymond for plaintiff, Mr Hay for dofendant. In thi3 caso tho defendant refused payment on tho ground that tho plaintiff and his male had agreed to stook, fork, and cart certain ?rain, whilo it was argued for tho plaintiff tho ngreement was for forking and carting jnly and that no responsibility had evor been undertaken by the plaintiff with regard to tho carting. After hearing tho evidenco His Worship gavo judgment for tho amount claimed and posts. Wells Hair Balsam. — If gray, restores to sriginal colour. An elegant dressing, softens md beautifies. No oil nor grease A tonic restorative Stops hair coming out ; strengthens, cleanses, heals scalp. Skinny Meu. — " Wells' Health Henewor" restores health and vigour, cures Dyspepsia, [mpotenoe, Scsual Debility. At chomists jnd druggists. Kempthorno, Prosser and Co., A.j!onts, Christchurch. — FAdvt.] (2)