Magisterial.

Star (Christchurch), Issue 359, 8 July 1869, Page 3

Magisterial.

CHRISTCHURCH. This Dat. (Before C. C. Bowen, Esq., P.M.) Pbukkkiwees.— James O'Briep, on bail, answered to a charge of having been drunk and disorderly in Colombo street, yesterday afternoon. Constable Thompson proved the offence, which was admitted, and a fine of 10s imposed. .Cattle Trespass.— The following persons weie fined for permitting cattle to trespass

on public thoroughfares in the city:— Margaret Cotton, a frequent offender, one cowatJarge in Salisbury street, 10s ; Francis Innes, one horse at large in Antigua street, first offence} c 's3. Bcrning ; Gorsb. — Samuel Bealey was charged under Jthe Police Ordinance with having permitted a quantity of gorse to ba burnt in his paddock, opposite the Club in Worcester street. In defence it was pleade ! that before the gorsa was ignited, application was made at the Police Office for permission to do so, and a reply was received, that, although such could not be given, the gorse might be burnt if care was exercised in doing so, and the police would not prosecute unless a complaint was lodged about it. Inspector Pender said this had been done by two persons. He could support the defence that every care wus exercised, and that no danger was incurred by the flro. His Worship said he had always held that in cases of this kind, wheie there was no danger to life and limb, permission from the City Council would hold a person free from prosecution, but he did not see how the police could give any authority in such matters. Inspector t ender added that the fire was pu: out immediately on notice of the complaint being given to accused. His Worship said accused had evidently thought he had full authority to act as he had done, and did not think there had been any intention to infringe the law; sec-ing also that the fire was put <-ut, imme diately the first intimation of objection was given, the case would be dismissed. Rdsawjt Hoksb. — Cornelius Saxton was charged with having driven his horso and cart at such a pace as to endanger the lives of paeeers-by. The informing constable proved to seeing the trap overturned near the Golden Age Hotel, and a witness adduced to the speed at which the horse was going, but s«id accused had evidently no command over it. In defence, accused stated that the horse bolted whilst he was getting into the trap after loading it with goods at his employer's store. He held on as long as he could, but failed to arrest the progress of the horse. He produced evidence to show that the animal did not bolt through any negligence of his own. Inspector Pender said, from enquiries made since the occurrence, he was satisfied that ' accused's statement was correct. His Worship, in face of this, dtetned further evidence unnecessary, and remarking that he was satisfied the offence was accidental, dismissed the case. Unregistered Doa. — James Heslop was fined 20s for having an unregistered dog in his possession above the prescribed age of three month e. Careless Dkiver. — Edward Stewart was summoned for having left his borsc standing unattended in a public thoroughfare, and, admitting the offence, was Sued 10b. ft Illegal Sale of LUjuors — Joseph Bmnt, of the Mechanic's Hotel, Colombo street, was charged with having kept his house open for the sale of liquors during prosoribed hours. Constable O'Connor said, whilst on duty in Colombo Btreet, at twenty minutes to two o'clock on Sunday morning last, he saw a light in accused's house, and on entering by the back w»y found three persons in a room with the bar door open, and a light on the counter^ There were two pints of beer aud an empty class on the table iv the room. A witness residing in Hereford street, said he was one of the three persons in the room, and admitted having had some beer, for which his mate paid. In cross-examination by accused, he said, however, they had previously engaged beds, for which they had paid.aul the beer was a parting nobbier for the nightA They asked accused for it, and he only served it under a distinct promise from them to go to bed immediately afterwards. In defence, accused said he bad supplied a drink to one of the lodgers, and was going to" bed when last witness and hia mate rauie in, and after engaging beds, had the drinks 83 stated. The back door was open for the admission of some of the lodgers, whom, by reason of their number, he had always a difficulty in getting in to go to bed. Hi* Worship noted that accused had previously been cautioned once, and fined once, for similar offences, and saying that he could not consider persons residing in Hereford street to be boarders, imposed a fine of £5: — John Hart, of the Devonshire Arms Hotel, answered to three separate informations laid under the same Ordinance. Two were for keeping his house open for the sale of liquors during proscribed hours, and the other for obstructing Constable O'Connor j whilst in the execution of his duty, by ref usI ing him admission to the hotel. Constable O'Connor said, whilst on duty with Constable Thompson, at twenty minutes to li o'clock oh the night of the Ist instant, he heard singing in accused's house, and accordingly went to the side door, and knocked for admission. Mrs Hart answered the summons, but seeing who it was, returned to the room where the singing was and called accused. Accused then came to the door, but also returned and let the people out by another way into the back yard. Witness west with Constable Thompson to the yard I and saw four men. On going inside the house there were some tumblers on the table, and a pot which had evidently contained beer. A witness, named Martin Montgorvin proved to being one of the party referred to, and to having partaken of beer, but did not see any paid for. The beer was served to two strangers. In defence accused said that the persons served were strangers and waiting for their horses in order to start for home. His Worship reserved judgment pending the next charge. This was for supplying four bottler of liquor to two prostitutes at twenty minutes to eleven on the night of Sunday lajt. Constable O'Connor proved to seeing the prostitutes come out of the house with the bottles, and accused admitted that he had supplied them, but sought to prove that the house wag not illegally open for the Bale of liquors. He argued that the Ordinance meant that persons should not sit with their doors nide open, and not tlut persons should be refused liquor if the door waa locked >hen

they applied. His Worship said accused was evidently qualified for a "sea lawyer," but , his arguments rould not be admitted in the cases before the Benxjh. In reply to his Worship, Inspector Pe#der said accused was fined 5s twelvej months ago for a . similar offence to tho3e under consideration, the penalty being mitigated in consequence of the good character which the house had previously held. Since then until the present time there had not been any complaints, and the businesa was well conducted. His Worship said there could be no doubt that accused hud infringed the law in a very serious manner, but under the circumstances detailed by Inspector Pender, the Bench would only impose a fine of £5 in one case. His Worship further admonis.'.ed prisoner as to being more circumspect in his conduct for }he future.