Magisterial.

Star (Christchurch), Issue 621, 19 May 1870, Page 2

Magisterial.

♦ . OHRISTCHURCH. This Dat. , (Before C. C. Bowen, Esq., R.M.) Dbunk*nkesß. — Thoxnas Cayne, in cos* tody, was charged with having been drunk and indecently exposing himself in a public thoroughfare yesterday. Constable Kennedy proved arrtsting prisoner near St. John's Church, and prisoner did not deny the

offence, bat pleaded for leniency on account of it being big first appearance. Hia Worship said, in a case of this kind, he could not accept such a defence. He mast pat a stop to these filthy proceedings, and prisoner would therefore be fined 10s. Breaches of thb Cattle Tbespass Ordihancb.—W. E. M'Dougall, one cow: tethered in Gloucester street east, ss; Christian Ditford, one horse at large in Toaoa street, also in Madras street, on a subsequent date, fined 5a in each case; Richard Brumden, one horse at large in High Btreet, fined ss; John ElUott, one cow at large in Antigua street, fined ss; Thomas Leathern, seven head of cattle at large in th c Riccarton district, fined 5b ; John Corr, two head in the Avon district, fined 5»; Henry Brunhubber, one cow in the Spreydon district, fined ss. Illegal DurviNC.— Jqh'n Wood, a boy about 14 years of age, was summoned for baring driven two horses through Kilmore street during prohibited hours. Constable McDonald proved the offence, and accused said he was taking the horses to the paddock in accordance with instructions from bis employer* Mr Bosßiter. His Worship said he had given warnings sufficient about this offence lately, and the by-law would now be enforced. Accused would be fined 1 Oa, which, if his statement of instructions from his employer were correct, he would be able to recover from him. . .. Drunkenness and A ssault. — Andrew McTaggart was summoned for having been drunk whilst in charge of a licensed vehicle, and also, on a second information, with having violently assaulted Constable Con way. This officer stated that whilst, going to the Bail way Station, accused passed him driving a cab, one wheel of which went on to the footpath on the wrong side of the trap in which witness was riding. On passing, accused also struck at witness three times with his whip, and then turned into the road leading to his house. Witness followed him, and saw that he was drunk. By accused: You told me that, pending a change in the license, the cab you were driving at the time did not bear a license, and was consequently a private vehicle. You were so far drunk as to be incapable of properly attending to your vehicle. Ton struck deliberately at me in the trap. Ton were not striking at your horse. John Stace and another witness, who were riding with the constable, corroborated this evidence. W. K. Wilson, a resident near the scene of the occurrence, said he saw M'Taggart shortly after the offence complained of, and considered' that although neither drunk nor sober, he. was . certainly worse for liquor. In defence, accused said that he pasted on the wrong aide of the trap, because there was the most room them, and, as for assaulting the constable, he did not know who was riding in the trap. He struck at his horse, but at nothing else. He was quite sober enough to take care of the vehicle, which, he further urged, was a private one, not being licensed. His Worship said the latter point was of no moment whatever. He had repeatedly cautioned accused, and was tired of doing so.- Hitherto be had refrained from endorsing any remarks upon accused's license, but now he should not only do so, but inform the City Council that he was no longer fit to hold a license. He would be fined &5, and must produce bis license for endorsement.- His Worship also ordered accuied to pay witnesses' expenses, but subsequently said he would deduct them from the fine. Mr Stace and Mr Wilton both desired that the amounts allowed to them might be handed over to the Orphan Asylum. Absbnt 2-hom his 'Bus.— Robert Falloon was summoned for having absented himself from Ms licensed 'bus whilst on a public stand. Constable Conway said, in going to the Station he met accused in High street, and when he arrived at the Station he found his 'bus unattended by accused, who did not arrive until some twenty minutes afterwards. Accused admitted the correctness of these particulars, but said he had left the 'bus in consequence of a . distraint made upon it by the bailiff, and in order to make some arrangement with the person who had issued it. Whilst away he also left a man in charge of the 'bus. Inspector Fender said the man was not a licensed driver, and the by-law was very strict upon the point. His Worship enquired into the statements urged in defence, and, finding them to bo correct, said he would dismiss the case, but accused must strictly understand that a licensed driver was not allowed to leave. bis vehicle at all whilst on a stand. Offending Cast DBrvjsKs.rrClifford Sage, Thomas Diamond, Charles Ingram, and John Harrison, were charged with having allowed their waggons to stand in Worcester street east unattended. Sergeant Pratt proved the offence, and the accused pleaded that they could not at the time gat into a paddock to which they were conveying loads of timber, and knowing there was but little traffic in the street, they did not think they were doing very wrong in leaving their drays in the street for a short time. Inspector Fender said he believed the accused had no intention of- doing wrong, and informed the Bench that two of them had come all the way from Glenmark to answer the summons. His Worship said, under these circumstances, he would, dismiss the case, but. they *muat not repeat their conduct. Drunk and Fighting — James Johnstone and George Kirk were summoned for having been drunk and fighting at Slee's Hotel, Selwyn Bail way Station. . Kirk did not appear. Constable M'Donald, and a witness employed at the hotel, proved the particulars of the case, from which it appeared that Kirk was the aggressor, and that Johnstone, although not drunk, was somewhat under the influence of liquor. . When Kirk commenced the disturbance in the hotel, the latter witness turned them out, and the two accused then fought in front of the door. Johnstone, in defence, made similar statements as to Kirk's conduct; but bis Worship said that, although Kirk had been the aggressor, Johnstone bad no right

to fight with him. There was sadly tod much of this kind of conduct at the Selwyn Station, and it must be put a stop to. The Bench would decide the case without Kirk's attendance. Johnstone would be fined 10s, and Kirk double that amount; witnesses' expenses to be shared between them. .- of the Distilleries Act. — Charles Scurrah and Thomas Saddler were charged, that, on the 14th instant, they were carrying on the business of brewers on the Ferry Road, without having their premises licensed according to the Distilleries Act, llSg? Mr Mills, of H. M. Customs conducted the prosecution. , Inspector Tender said, he held an appointment under the Inspector of Distilleries. On the day named he went to the premises of the accused, and they pleaded that they were quite unaware oE committing any offence^fir that a license was required. In deferflfejthg. accused -Tepuuted tUli, mil said that as soon as informed by Inspector Fender that they should have a licence they came into town and procured onSTJ His Worship said he must impose the minimum penalty of £10, and it would be a warning to them. Election Larking. — Richard Cuthbert, George Elliott, and Ernest Fantham, three youths, answered to an information charging them with having wilfully broken three panes of glass in the shop of Mr Wadman, Papanui, and with having created a disturbance on the North Road. At the request of Inspector Pender the charge against Elliott was withdrawn, in order that he might be called as a witness. Mr Wadman said, about two o'clock on the morning of the 29th of April, he was aroused by a disturbance, as of a violent quarrel in front of his shop and that it terminated in the windows being broken. • He could not say which of the three did the damage. Elliott, on being called, said that, on the morning of the day named, himself and the two accused took a trap from the yard of a Mr Barnes near the complainant's shop. They were in for a lark, and took the trap to Mr Morgan's hotel. Whilst he was pulling the trap down the road, the accused stopped behind, and they subsequently told him that they had broken somepanesof glass at Mr Wadman's. During these proceedings they were all •berating and making a disturbance. Other evidence was submitted in proof of the charge, and neither of the accused made any defence beyond that, being election time, they were larking. His Worship said this was no | justification, such foolish conduct must be put a stop to, and accused, would be fined 10a each' and witnesses' expenses. They were also ordered to make -good the damage they had committed. Mr Wadman desired that the amount allowed to him for expenses might be handed over to the Orphan Asylum. Assault.— John Dempsey answered to an adjourned information, charging him with having violently assaulted and ill-treated his wife. At the first hearing complainant made a long statement as to ill usuage from her husband, but the latter, in ansirer to these allegations, said that his wife drank hard and neglected hit home, and provoked him; in every possible way. There were no witnesses on either side, but Inspector Pender said he believed that accused's statements were true, and that he tried every possible means to prevent his wife disgracing him. His Worship accordingly adjourned the case, in order that the police might make enquiries. Inspector Pender now said that the complainant did not appear, because he believed some arrangement had been made between her and accused to lire separate. In answer to the Bench, accused said this was correct, and his Worship thought this was the best thing they! could do under the circumstances; he desired to state, however, that, from the enquiries made by the police, he was satisfied that the accused was not to blame in the case.