MAGISTERIAL.

Timaru Herald, Volume XC, Issue 13242, 23 March 1907, Page 6

MAGISTERIAL.

ITM\RU FRIDAY, 22ml (Btfoie Messis M White ami V. 1' Thoiean, J V \) A-LLLGLD FOROTRY John B. Cook,S.mested in Clur-tollmen, was chuged ith forging and ul.enng .1 iliequo toi £35 Sub Inspector C.ieen asked foi a mnand till Thmsday ne\t, to al'ow the to come befoie the Stipendiaiy Magisliate, and this v.is al lowed. AI,LRGrjD XXDECRXT ASvAUL I Sub Inspeetoi (Jieen continued tne tass ftn the piosecution in the case of assaur* acainst J Milne He tailed Hm,i Kenneh win stated that she re,id»d ihe Saltwater Creek Hotel Knew' the complainant Knew that she had gone into Tiniaui on Natmday but did not know al ulial time San hei leturn at 9 45, when she was in a -\eiy flightened state, and her h.ui and weie di ananged Iheie was blood on hei mouth When complainant tame in, she said hei clothes weie wet and wen' to liei be'lioun, into which she tailed witness Complainant said she was coming home, and some man had tome out of a fence, and gi\en her a smack on the mouth She bec.une hys tencal and witness called in her sistei Complainant said her clothes were toin Witness was nob awaie that tomplamant w as subject to hysterical lits lo Mi Raymond . Complainant did not say dnvthmg to witness about the gra\ei assault* Witness asked hei next day if she t.ime home with a man and she said she did not Witness did not make ,i different .statement to the constable 'lo Sub Tnspectoi Gieen Witness did not make a different statement to the con stable Spoke to the pii'onei on 'llrurs dij Complainant did not tell hei am tnio- abont> an assault She said "Keep thetbrute away," when she was hystencal Complainant said the man had given hei a smack on the mouth and she lell down Vo-nc- Adelue Mvei stated tint she ■«as° 14 years old, " and lived -with her paients in Buchanan's paddock, and was a sistei of the complainant Was with her voungeL sister neai .Shepherd's comei on Saturday night about 8 30, and met the complainant "there Accused came up as witness and hei sisteis were talking 'He said something lo complainant, who told him she "didn t w ant him " Accused re phed "I suppose \ou think it is easy to get Tid of me, do you " V\ uness leit to ,o-o home, and accus.e-1 followed complam-

ant. i Mounted Constable Oborne gave evidence as to the arrest ot accused on the Timaru railway, station on Monday evenino. Witne-s "told accu-ed the reason for his an est, a..d *& said, "1 did have a bit of a struggle, but did not do anything seiious." Witness had been to ths scene ot the alleged assault. There were no lamps on the road,' and the nearest house was about ,'two chains away. There was a gors-o fence on the bank on the side of the road. The place was about a quarter of a mile from Gardinei'j Hotel. This concluded the case for. the prosecution. / Accu'sed»reserved his defence, and was committed for trial at the next sitting t>f the Supreme Court in Timaru. to be liolden on June 4th. Mi- Raymond asked for bail and SubInspeetorGrecn asked that it be made substantial. Bail was fixed at two sureties oE £IOO each, ami" accused's own recognisance for £200.'. USING INSULTING-' LANGUAGE. ,]. Roach .and J. Swan, were charged under the Police Offences Act. with using insulting language, ,calculated to piovoke a 'bieach of the peace. ;tt Paieora railway station. Sub-Inspectoi Gieen stated that the ac-cu-ed weie two ot the butchers who were on strike at Paieora. and when some other' men anived by the train to go. to work, the accused called out "(fjeie they come. Have a look at the diity, scabby bastards."- 1 The offence -of the use ot such woids said the Sub-Inspector was aggravated by the '' circumstance"., The men spoken to were i following their occupation as they had a right to do., There --was no v actual interference, but there wa- annoyance, and "the use of such expressions was calculated to provoke a breach of the peace. The offence was defined 1 in the statute as-the u.-e of any language, "insulting _oi annoying whereby a breach of the peace may be occasioned." "One of the accused -appeared, Sand Mitt, i i: ' Raymond represented both. Ur" Raymond "said that the use of the language and the circumstances, stated were admitted, but the circumstance's instead of- aggravating the offence were, he submitted,'rather an extenuation of them. His clients were two of 'the legular butchers at Ptueora, kancl when the other-, knocked'off, work they knocked off also* under circumstances well known to the bench. These' other men came down to lake their places, and they were" greeted with the words, such as "scab.'," "blackleg-," oi something of that soit. The Bench would agree with hint that it, said a good deal, for the temper of the men on' &tiikc / thaj l nothing more seiious than use of words of that took place. There must have been a good deal of feeling against the men who came in to take the wages of the men on stiike. and under the ciicumstance-,- the language used was no: p.u-tioularly immoderate, The whole ra.'itter of the stiike had been ami- 1 .cably settle 1 between the company and the men, and. he sugge-ted that the.-e chaiges should be consigned to oblivion witli the lest of the difficulties that arose between the two parlies. The sponge had been run over the slate in regard to other matters, and he thought it could be applied to this oa-e also. The accused had been put to some annoyance and one of them had lost a, day's woik, in appearing for himself and his companion. The use of the words was admitted; there wa- no afi'.empt to tell any lies about it. Sub-Inspector Green said the men could have been pioceeded again l -1 under the rail--way, by-laws for annoying people on a lailway platform. i The, Bench decided , that a« this was the first; case of the kind, they would deal leniently with the accused. Thev were fined Ss each and costs. There weie threp witnesfes subpoenaed by the police and the cost*, came to 15s 6d for 'each accused. DRIVING WITHOUT LIGHTS. A. Selwood, charged with driving a vehicle without lights in the borough, said in defence that he had lamps, but did not think it was dark enough to light them. He was fined ss, and costs 7s.

COURT EKTUKXS. '1 lie following is extracted fiom the official return of the Criminal and Civil cases brought before, the Magistrate's Court, at Timam, during 19C6. 'Hie number of persons taken into (ustodv, summoned or apprehended was 529 : SCO males and 29 females. Of tlie-e 32 male-s and 24 females weie discharged for want of prosecution or warn, of evidence, and 26 cases against males were dismissed on the evidence,. Ten males were committed for trial,'or for sentence, and 452 males and ?5 females were summarily convicted. Of those dealt with summarily, 252 males and 8 females weio fined, 27 males imprisoned. <o lieu of fine or surety; 16 males and 21 females sentenced to peremptory jmpironment, 1 male to a' whipping. 1 female re leased under the Probation. Act; orders were made against 72 males and 8 females.

and 54 males and 7 females were convicted and' discharged. Assault.eases .numbered.6. of which one was dismissed, and one ease of rape was sen:. for trial. Charges of minor theft numbered 34, and the convictions 26. Nine more serious cases were sent for trial. There-: were 8 cases of wilful damage to property, "and 7 convictions > under the Customs. Laws. -.» There was one case of failing to deface a beer duty stamp, and 3 of smuggling. Drunkenness, 178 males, 21 females; and applications for prohibition orders, 52 .males-, arid 1 female (10 males -and-1 female discharged) make up more than half the total number of cases brought before the court. To these, should', probably be added the 28 cares of breach of the" Licensing Acts. .There, were 10 males and 5 females brought up for lunacy. One of each sex was ."discharged,: the rest convicted. : Twen'y-three persons wejre charged with failing "to maintain ; 8 cases were discharg-ed,-14 .orders were, made and one, defendant sentenced to imprlsc-iimenfr:. Obscene language 1L indecency 2, vagrancy 6 .(4 dismissed), breach of peace, 14 (1 dismissed) 'truancy 12 (3 dismissed),' follow in the list, The destitute children, brought up numbered A. • ■.''..'' . ■:■-..■;■ _ I Seven persons' were, charged with poaching.,'..'one of 'them. a. female. . Two of the charges against jnales were dismissed oh! the merits.' ... Breaches of Borough By-laws numbered 78; of County By-laws, Railway By-laws,, and the Gaming ,and Lotteries Act, 5 each '; and'of the Shops.and Offices Act, 2; there was one.case'of breach of-the. Shipping and Seamen Act; 2 of failing :to stamp bread.; 1. of'exposing lousy sheep for sale..-; and 4 applications to adopt children. In -civilV l ca;?es there 'were•-. 679 plaints entered, and- .342-tried; ■' -Hie aggregate amount•".sued for -was ->; £6487, 13s- 2d.;, and the-a'ggresrale amount recovered .was £5891. i7s; v :-Sd"- ! :'v' :; ' -..^'• -