MAGISTERIAL.

Star (Christchurch), Issue 1641, 29 May 1873, Page 2

MAGISTERIAL.

4> CHRISTOHURCH. (Before O. 0. Bowen, Esq., R.M.) Cattle Tbespabs. — The following cases were disposed of : — Robert Geddiß, one horse, Colombo street, fined 5s ; J. Milsom, one horse, St. Asaph street, fined 5b ; R. Falloon, two horses, South town belt, fined 5s ; Ben Bulmer, one horse, South town belt, fined ss. Public Nuisance. — William Smithson, for having neglected to comply with an order from the Inspector of Nuisances to keep a back yard clean, was fined 20a. Leaving, a Train while in Motion. — Isaac Ireland, of the Selwyn, for having alighted from a train on the Southern Railway whilst it was in motion, was fined 20a. Abusive and Threatening Language. — Michael. M'Namara was charged with having used abusive and threatening language towards J. S. M. Jacbbsen on the 19th inst. Mr Clark appeared for complainant. In evidence complainant said, on the day named he went to the new city drain, for tho purpose of taking certain measurements, and when he came to where accused was at work accused ordered him off. Complainant told accused that he would not interfere with his work, but accused jumped out of the excavation being made for the drain with a spade in his hand, ordered him off the drain enclosure, and threatened to put him off if he did hot go. Complainant then went outside the boundary fence, and proceeded to take measurements there, when two men with spades came to him from where accused was working and ordered hinv off,.' saying if he did not go, they would make him. Accused called out several times to the men to tell them to drive complainant away. Fearing they would strike him with their spades, he went away. By accused : He had no authority from the City Council to measure the work. Accused asked him if he knew he was trespassing, but did not Bay he would not let him measure up bis (accused's) work without an order from the Mayor until after he had threatened him. fib did not rub up against, accused and dare him to do anything to him. He went on to ihe drain enclosure after accused first ordered

him away. H. Jacobaen, complainant's son, corroborated his father's evidence, except in reference to accused going up bto complainant with his spade, whioh he said he did not Bee. In crosß-examination by accused, he admitted that his father rubbed up against one of the men and dared him to strike him. Two witnesses were called for the defence. Mai Lin Nevin gave evidence to the effect that accused said he would not let complainant measure the work without an order from the City Council,Jand then, when he persisted in measuring, accused ordered him away, but no violent or abusive language -was used. In cross-examination, he admitted that complainant was also ordered away when he was measuring outside the boundaries of the drnin. When he went by direction of accused to order complainant off, complainant rubbed against him and dared him to strike him. John Coppin gave similar evidence. Accused made a statement which was much to the same effect as Nevin's evidence. His Worship said there was no evidence to sustain the charge of violent and abusive language, and the case would be dismissed. The proper course for complainant to have taken was to have obtained an order from the Mayor, as he was advised do by accused. Assault. — Joseph Fowler was charged with having violently assaulted a boy abou'.. fourteen years of age named Emanuel Green. Complainant said accused met him in the street, charged him with having thrown Btones at his horse, and then shook him violently. He did not throw any stones at the horse. He had never done bo. He did not go to school. Accused did not assault him severely. He shook him, and struck him once on the head with hiß open hand. A neighbour's boy gave evidence of the assault, and said he did not see Green throw stones at the horse. Accused's son (ten years) and daughter (eight years) proved that Green threw stones at the horse, and frightened it so much that it broke away. Accused, in defence, said the boy Green was a perfect pest to the neighbourhood, and that his (accused's) horse had been severely cut two or three times by ketone throw 'ng. — Crabtree, storekepeer, Knightstown, said the boy Green was a perfect pest ;to the neighbourhood. He had frequently thrown stones aB his (witness') horse, and caused it to throw his boy. His Worship Baid if _ there had been an aggravated assault he would have taken notice of it, whatever had led up to it, but he had only received a box on the ear, and he deserved it. The Bench believed the evidence of accused's children, and that the boy was literally afraid from the treatment be had received from the boy Green to go near him. Green had not told the truth in the box, and he had better be careful in future. The case would be dismissed. . Wife Desertion. — Hugh -O'Noil wpi charged with having deserted his wife, A lice O'Neil, but the case was dismissed on accused promising to take the pledge.