Magisterial.

Star (Christchurch), Issue 281, 8 April 1869, Page 3

Magisterial.

<$, CHRISTCHURCH.

Tins Day. (Before C. C. Bowen. Esq., 8.M. ; W. Rolleston, an 1 L. Walker, Esqs ) -^•.Slaughterhouse Licenses. —The following applications for slaughter-house licenses were granted : — Clarkson, Thomas, Mr Grigg's seption, Riccnrton ; Davies, Richard, farm, at Tai Tapu ; Knight, Arthur C, Newlands, neat* Prebbleton ; Milburn, Morris, section 11, Major Hombrook's run ; Wilson, J. Cracroft, Cashmere ; Ronnie, John, Boggy Creek. •^Cattle Trespass.— The following persons were Sued for cattle found trespassing within the precincts of the ciiy :— Charles Martin, one horse at large on the South town belt, s*; John Vavasour, a donkey hobbled and wandering in Colombo street, 10s. Unregistered Dogs. — Simon McHa-?, D. Thompson, and John M irr were fined respectively £2, £1, and £1, for being the owners of unregistered dogs above the prescribed age of three months, the former having two, and the latter one each. Bkeacu of the HicicxEY Carriage ByLaws. — Robert Fal'oon was charged with having plied for hire on the 29th inst , with a hackney carriage not duly licensed for the purpose. Accused is the owner of a 'bus running between the Hallway station and the Post-office, and the information was laid for diverging from this route into Kilmore street. The offence was admitted, aud the excuse pleaded in extenuation was, that ac aised was not plying for hire, but only conveying a private party. A fine of 10s was imposed. Breach of the City By-Laws. — Mathew Longden was summoned for having delivered goods in Christchurch without possessing the necessary carrier's license. Accused admitted that he had conveyed two lots of goods to Mr Calvert iv High street, and Mr Gould in Colombo street, but denied that he wns plying for hire. He had been requested by Mr Reed, of the firm of Reed and Carder, commission age-its, Lyttelton, who was ill, to deliver portions of a consignment for him to Mr Calvert. This wns further proved, but his Worship said whoever delivered goods within the city in euch a manner must possess a earrier'6 license, and imposed a fine of 10s. N. / BREACHES OF THK POLICE ORDINANCE.-^ James Mummery was charged with having used violent and obscene language in a public thoroughfare. Constable Pratt proved to being called to the corner of Kilmorc street, on the 28th of last March, when he found prisoner in a very excited state, and swearing loudly in his garden, abutting on the road. A witness residing near gave evidence of accused's conduct previous to the policeman being called, and to h ing greatly annoyed thereat. Witness' wife had remonstrated with accused for his conduct, when he abused her in most abominable language. Another witness corroborated tbis evidence, nnd accused admitted having used improper language, but pleaded that it was on his own property, and not in a public thoroughfare. — -His-— Worship— -said the Bench considered it a monstrous thing to behave in such away to the great annoyance of his neighbours ; but it so happened that the Act under which he had been charged provided that the offence should be committed in a public street,

and the case would therefore be dismissed. At the same time, however, the Bench would have him to understand that such conduct would not be permitted- and if he again offended, be would be dealt within a different manner. Sarah Sturt, Henrietta Barnes, and Henrietta Clarke were summone 1 for having used obscene language in a public pi cc, to the annoyance of resident - and pa-sers by. The evidence of two witnesses showed that the accused arc the proprietors of two brothels at the corner of Kiltr-ore and Peterborough streets, and on the 7th inst. there was a fight and disturbance between two of them and a cabman, the third looking on. Very disgusting aiid obscene language was made use of, and Sergeant Pardy added that several complaints having previously been made by neighbours against the houses, the accused had lately been warned as to their conduct His Worship said on the evidence the ncused Henrietta Clarke had not taken part in the disturbance, an-1 the case would, therefore, be dismissed against her, but at the same time she must understand that, as living in one of the houses complained of, she would in future be hell responsible for any rows or disturbances taking place there. With regard to her companions, there could be no doubt as to their having committed the offence complained of, and they would be fined 2 s each, and have to pay 10s to eich of the witnesses. His Worship also reprimaude.l them very severely, and cautioned them as to their future conduct, further instructing the police to proceed against the cabman for hi* share of the row. there were numerous complaints against cabmen for such proceeding", and they must be put a stop to. Sergt. Pardy said steps had already been taken to prosecute the man referred to.

Beach of the Punwc House Ordinance. — Win. Wood and John Cloush were charged with having created a disturbance iv a licensed house, and the former with having also violently assaulted W. C. Webb The complainant proved tint ths accuseds conducted themselves in a very disorderly manner, and on being cautioned to leave, the accused Wood turned round and strue'e him twice. Two witnesses corroborated this evidence, but Woo 1 pleaded entire ignorance of the occurence, whilst Clonsh said he was trying to get h's companion, who was intoxicated, away from the house. The Bench considering the ctise clearly proved, fined the first-named 4 is, and the second 10s, with orders for the expenses of lOs for each witness to be paid between them.

Obtaining Money Undue False Pretences. — John Henry Caton was brought up in custody, charged with this offence, Mr Joynt appearing to defend him, and Mr Cowlishaw watching the case on behalf of Mr W. Wilson. Sergeant Pardy s lid he arrested the prisoner on the warrant produced yesterday, and gave him the usual caution, but received no reply. William Wilson, commission tgent, High street, Christ.-hureh, said : Pari}' in the month of January last, he gave the prisoner instructions to purchase four horses for hi n, and was subsequently told that he had done so, and that they were excellent horses for the purpose of cattle driving. He said he hud purchased one of them from Mr Bernard, but did not say from where he had procured the others. He described the whole of tbem, hut more particularly the last two of them, one of which was a greyish white mare and the other a bay. Previous to this, witness had piid for all the horses on two orders presented to him from the prisoner; one of them for £15 was paid to a Mr Allen, who was in the employ of prisoner. The ordered produced was the one referred co, and was receipted by Mr Allen. The horse mentioned in the order was the white one, previously described by prisoner, and the document was made payable to Mr Murphy or be_rer, for one horse bought on his (witness') account. Witness believed at the time of payment that he was giving the money to the Mr Murphy mentioned, as he had not at that time any knowledge of Mr Allen, by whom the order was presente 1. The order was paid by cheque, aud he was induced to pay it from the understanding that prisoner had actually purchased the horsy mentioned therein. By Mr Joynt: At the time of these transactions, witness and prisoner were in partnership in respect to some cattlo intend-d to be driven to Dunedin for sale. The terms of agreement were that witness was to fin J four horses, and prisoner the same number, to be equal. Prisoner was not in Christchurch when the order put in evidence was presented for payment, nor did witness know where he was. Witness did not give prisoner any instructions ns to whom he wns to purchase the horses from. They looked at some horses together, but none suited, nnd prisoner then said lie (witness) had better give him authority to purchase the horses for him. Witness had never seeu the horse mentioned in the order, nor did he know anything more of it than what he hid previously stated as having passed between himself and the prisoner. He had not seen any of the other horses said to have been purchased for him by the prisoner, nor did he personally know that any of them had been used in his service. By the Bench : Only one white horse was mentioned by the prisoner as having been purchased for him. John Murphy, overseer of Molesworth Moor station, in the province of Marlborough, said: About the first of January last, ho was iv the employment of the prisoiier, with whom he had arranged to drive a mob of cattle from Mr Lee's, Wharf dale station. He brought a hay cob and a grey mare with him from that station, and took them to a farm belonging to the prisoner, near Kangiora. Shortly after that he saw prisoner at his own house, at the Horseshoe Lake, and, in a conversation with him, got some instructions about horses, but did not remember what they were. At the Wharfdale station, the prisoner said to him „thut he . ■ had sqld a. | little white mare to some person whose name witness did -not remember, and I added that if _ny one a*ked; him about- such

a mare, he was to say that prisoner b-iught if from him. Thi* was the mare witness brought with him from Wharfdale, and which witness last saw in Palmerston, Otago. It had been originally brought from Nelson sometime about the April previous to the time witness was engaged to drive the stock. Since then tlu mare had buen part of the time on prisoner's run in the Marlborough province, and the remainder of the time on his farm at Rangiora. Prisoner bal told witness ihat he purchased the mare from Dr Lay-son, Nelson. Witness took the mare to the* ru-.i, but did not know who it was that renv-ved it thence to the farm. When prisoner informed witness of selling the white mare, he said that he had sold it on a thr.e nv.>n lbs' bill for £15. The mare never belonged to witness, nor did he ever sell such a one to prisoner. By Mr Joynt : It was before they started wit 1 the cattle from the station that the prisoner told witness about the sale of the mare. By Lhe Bench : He could not give any opinion as to the value of the mare. It was worth as mu-h as could be got for it. The witness gave several answers of a similarly trifling and evasive nature as this, and his Worship had to caution him respecting hi? conduct. Examination continued : He had told the Sergeaut of pa-lico that, in his opinion, the mare was not worth 5-*, and that if she was ids, ho woul 1 have cut her throat. He was still of opinion thit he would not give 5s for her, but she might have fetched £15 in a saleyard By Mr Joynt: The mare was used in packing, sum-times running loose, and sometimes being driven. Shej gave a great deal of trouble on these occasions, in running off the road, i and that was the reasou why he was of j opinion that she was not worth ss, and that if she was his, he would cut her throat. Otherwise than in these instances, she did her work the same as any of the other horse*. In dismissing the witness, the Bench reprimanded him very severely on his conduct iv the box. William Fredt-riek Allen, stock-' driver said: Party in January last he was in prisoner's employ, and in a conversation the latter told him he had to buy two horses for Mr W. Wilson, and remarking that he might as well sell two of his own as buystrange ones that he did not know, asked witness if he would have any object on to one of them being sold as from him. Witness, replied that he would not, and a horse was accordingly made out in his name. Some conversation also took place about a grey mare, which, prisoner said, would do for one, and in witness' presence prisoner made out a sale order of the mare in last witness' name. The order produced was the one xjitness saw prisoner write, and it was given to him to take to Mr Wilson for the money for the mare.' Witness presented the order to Mr Witson and received a cheque for the amount, lie did not remember mentioning last witness' name during this proceeding. He gave the cheque fy.im Mr Wilson to the prisoner, and got the receipt produc-d in acknowledgment. By Mr Joynt: The grey mare worked with the rest of the horses in driving the cattle. Willie in Thompson Patterson, agent for Wright, Stephenson, and Co., Dunedin, said he lately saw the prisoner and his men near Palmerston, in Ot igo, with some cuttle; they had a grey mare in use, which was string halt in the off-fore leg, with a 3ore on the fore arm, and a swollen knee. He wa3 in the habit of valuing horses for the firm he represented, and had general experience in such matters. He would not have purchased the mare at any price. He considered her valueless. By Mr Joynt *. He never previously heard of or saw a horse injured as stated in the fore-leg. He considered the injuries to have been the result of a very remote accident. They could not have been inflicted by a bullock. The average rate for hor3es in Otago is low, but a good one will always fetch its price. It was entirely owing to tho ace'dent mentioned tliat he considered the mare worthless. This concluded the case for the prosecution, and Mr Joynt addressed the Bench on behalf of his client. He contended that there was no case, as there w:s nothing to shew that Mr Wilson had failed to get a horse for hi* money. If the prisoner thought proper to sell one of his own horses under as from another person it did not constitute the obtaining of money by false pretence-^ and the charge must accordingly be dismissed. Mr Wilson had bargained to get a white mare, and it had not been shown that he did not do so, but to the contrary. The marc had done its share of work the same as the other horses, and whatever its value, there could be no such offence within the meaning of the Act as that with which the prisoner was charged. If Mr Wilson had parted with his money on the understanding that he was to receive a white mare, and had not done so, then the case would have been quite different, whilst, for aught the Bench knew, the mare was fully worth the price Mr Wilson paid for her. As to the witness Patterson's evidence, he had seen the mare after a long journey and hard work, and he could scarcely form a correct opinion of its value, whilst horses were evidently at a discount in Dunedin. The price that Mr Wilson had paid for the mare was a low one, and he could not expect a first-class animal. He had, as shown by the evidence, got one that did the required work, and that was sufficient. Referring to Murphy's evidence, it was clear that he had a hatred of the marc; his expression about cutting her throat rendering this perfectly clear. He (Mr Joynt) had examined carefully into all cases bearing upon false pretences, and he would submit to the Bench that in Hoscoe it was clearly shewn that the prosecutor must part with bis money, and receive nothing for it, before a case could be made out. He could not trace any of the elements of false pre tences in the present one, and contended . that the whole matter was summed up in Allen's statement of prisoner's reason for selling his own horses to Mr Wilson, viz., that it would be better to do, so than to get strange ones. This was. the key

to prisoner's conduct, and he must ask the Bench for a dismissal of the case. After a lengthy consideration, his Worship said the Bench had nothing to do with what lies might have been told or deceit practised in the transaction, and there was clearly no offence in the present cisc within the meaning of the law. The prisoner would therefore be discharged.