MAGISTERIAL.

Timaru Herald, Volume LX, Issue 2652, 15 March 1898, Page 4

MAGISTERIAL.

TiMARTJ—MoNDAY, March 14th. (Before C. A. Wray, Esq., S.M.) ASSAULT. D. Bell, charged with assaulting Henry Lissack on Saturday the 12th inst. pleaded guilty but urged provocation. A doctor's certificate was produced that plaintiff was unable to appear but would be able to appear on Friday, and the case wad therefore adjourned. DISOBDERLY. A young man was charged with disorderly behaviour m the neighbourhood of York-street. Constable Rings, who arrested the accused, said that he was very noisy, and annoyed several people. Detective Livingstone 1 said that defendant had been previously before the Court on a similar charge. The young man's father said the defendant had bad associates. Fined 203 or 48 hours, and a prohibition order for 12 months to be issued againsthim. ■ DRUNKENNESS. . . :. Frank Hobson, an old offender, was charged with being drunk, on Sunday, and was fined ss. ALLEGED PETTY THEFT. John Barclay, farmer, Claremont, was charged with stealing 11 bags, value 3s j Bd, the property of G. D. Marsh. Detectective Livingstone conducted the case and Mr Perry appeared for accused, who pleaded not guilty. The case for the presecution, as stated by Detective Livingstone, and supported by the evidence of the prosecutor, two of his sons, and an employee, was that a heap of 62 or 63 sacks was-left one night m a paddock, about 50 yards from the main road; that eleven sacks were missing next day ; that accused was seen neat .the sacks m the interval, carrying , a sack with something m .it;., and that on Marsh going with Constable 'Crawford to a stack of chaff bags, newly filled on accused's farm, Marsh identified seven of the bags m the stack "as his, by peculiarities m the patching; and m one case by a brand U J G." Both parties had had the chaffcutter, the machine going from Marsh's to Barclay's.. Prosecutor claimed the bags m question, on alleged peculiarities m the patching, which had been done by a bag-mender named William Schultz, and his two sons identified the bags m the same way. In cross-examination by Mr Perry, prosecutor admitted that m dealings m chaff and grain, branded and unbranded bags get very much shuffled about among neighbours. F. Newman, the chaffcutter, testified that he saw accused m prosecutor's paddock, carrying a bag, between 4.45 a.m. and 5 a.m. on the day the sacks were said to have been stolen. He did not kbbw what he had m: the bag. Chaffcutters of ten carry bags with them, and sometimes exchange them,' as they get mixed up with the farmer's bags. Constable Crawford gave evidence of accompanying the prosecutor to a stack of bagged chaff m one of defendant's paddocks. Prosecutor pointed out seven of the Backs as his, saying they were taken from his paddock. Accused came up, and said the bags were his own. Asked how he accounted for the patching, accused told him to find out. Told him he would have 'to take the bags, and accused said very well ; he could take the lot if he liked/ They took the seven bags claimed by prosecutor. To Mr Perry : Did not call Mr* Barclay qri old thief, and threaten to handcuff him. • . His Worship said the evidence of identification wag extremely weak. Mr jPerry said he would not ask for a mere acquittal 'but would put his client m the box and numerous witnesses as to 'character, and ask that his client should be completely vindicated. The accused stated that he owns an unencumbered freehold farm of 230 acres and ha 3 other investments, making him worth about £10,000, so that if he wanted them he could aftord to buy 3s 6d worth of old chaff bags. He had plenty of sacks, more than he wanted for the chaff he had to cut. He was m Marsh's paddock that morning; went to see when the machine would finish there and come over to his place. It was not so early as Newman said, but about 8.30. He had brought with him a number of other bags, similarly mended to those produced by prosecutor. He saw Constable Crawford and prosecutor at the chaff stack and went over to them, When he asked if they had proper authority, the constable threatened to handcuff him and called hint an old thief. He told the officer to be careful what he said and did. He could not understand why they did hot claim a great many more of the bags, on the same sort of patching, for they were all alike. . , - - . . , Detective Livingstone said accused's bags were not so neatly mended as prosecutor's. The accused could not see any difference. He did not know who mended them. „ , John Mcc, grain merchant, formerly with Miles and Co.. stated that this firm some years ago sold seed oats to Marsh, 15 bags branded " J.G." and 19 bags of the same brand to go to witness's farm, adjoining. Bags are commonly esehanged amongst neighbours. Accused had a first-class character for honesty. His Worship said it was a great pity that one of two neighbours, apparently on good terms, should have taken such an extreme step without first going across and talking it over. There had been no real identification, and it would be absurd to say that any man could swear that these bags were his^property after saying that he had been dealing m chaff bags for many years. As a matter of fact there was no evidence m support of the charge. The information was dismissed.

Piteous appeals have been sent to England for help for starving Christians m Crete. The homes of the peasants m all the Christian vilages round the three towns—about eleven thousand bouses m all—have been destroyed or burnt. The orange and olive trees, the main wealth of the country, have been cut down and the vines hayfi been destroyed Nearly all intercourse between the countiy and the markets m the towns has been stopped. Thousands o| people have been taken to Greece and are starving on the quays of the Pineus, where the impoverished Government lust keeps them alive by doles, and gives them shelter m the national schools, six Cretan families going to each class-room. Meantime the Christiana- who have been driven from, their homes, but remain m

the island, havejaken to the holes and caves of the mountains, and are reported by the correspondent of the limes as :• living thete amid the^ snow of a very Severe winter, often without a ! rag to cover themselves with. During the last summer no agriculture was possible, and all supplies for the Christians have ceased, whilst flour comes for the Mussulmans m the towns with every steamer. The condition of the interior is worse than war; it is a starving inactivity. Cycling can only be enjoyable when the. rider has perfect confidence m Ma machine and tyres. A cyclist, when he leaves home for a run into the country i does not want his enjoyment overclouded with misgivings as to the machine breaking down. Onegreat blessing conferred upon the present day cyclist is the Duulop tyre, which is practically unpuncturable, and being specially made to withstand rough roads gives every satisfaction.