MAGISTERIAL.

Star (Christchurch), Issue 4341, 23 March 1882, Page 3

MAGISTERIAL.

OHRISTCHUROH. Thcjbsday, Maboh 24

DatrsKENNESS. — Ellen Thompson waß fined 10s, or in default 43 hours, for being druDk in Colombo stroet. A first offender was fined sa.

Neglected Chii/dbbn. —George Webb, 14 yoars old, Lillian Webb, 12, and Arthur Bray, 10, wero brought before the Court as neglected children. Sergeant Mason staled that tho children had previously beon in the Burnham Industrial School, "and now that their lime wai up the master wished they 6hould bo re-committed to tho institution. The Police gavo evidence to show that tho parents won> not fit to bo entrmtsd with tho care of the children. His Worship re-com-mitted the ohildren to Burnham School till each attained the ago of 15 years. CITIL CASES. Manning v. Frankiah. — This was an application for a rehearing. Ihe claim was for £10 Is, and £9 19a had been tenderod by tho defondant, but was not accepted. Hia Worship decided to hear the caso later in the day. On its being again called on Mr H. H. Loughnan appeared for the plaintiff, who had boon in Dr Frankish's employ for 23 woeks, and had givon a month's notice, oxpiring on March 4. Tbo defendant deposed that ho had paid tho plaintiff fortnightly with tho exception of the time when lie was absent at Dunodin, and was indebted for only six wooks' wages — £9. Tho difference between tho parties was as to the dato of the commencement of the plaintiff'? torm of service . The case was adjourned till 2 o'olock for the production of further evidence, but was sub.o-

quently adjourned for a week.— Oookaon v. Beatty, claim £10, and in^rest 4m, 'on a diabonojred cheque. Mr Thomas for plaintiff ; Mr Garrick for dofendont. Plaintiff proved having changed Ihocheque which tbodefendant admitted wus hia. Would not owcar that he know at the t'nie that an account of £3 -63 waa to bo deducted, such account being duo by R. Long For whom tho cheque waschunged. Did not pay in tho chequo till Doc. 27. It was rofuoed pajment. i_aw Boatty, who said he would not pay the cheque, as it had been givon to Lonf, °7 mistake." Goorge Sheppard deposed t ■) having received the choque at the Oity Hotel on Dec. 24. Long said he had tendered it to Mr M'Kendrick in payment of his account at tho Commercial Hotol, but M'Kondriok had not enough money to change it, and had sent him to the City Hotel. After deducting £3 16', gave the balance to Long. This waa the plaintiff's case. For the defence : — George Hutchinson deposed that on Dec. 24 the defendant and Long were together between 7 and 8 a.m. at the Commercial. Defendant was very drunk. Had known Long to look after defendant when "on the booze." Robert Long proved having received the chequo from dofendant in the morning. Had been up all night, and two nighis previously, with dofendant, who had previously, when sober, promised to give him any money he wanted. Had got tho form of a cheque and filled it up for £10, and Mr Beatty signed it. Considered the cheque was given him as a presont. Beatty was suffering from drink, but was not drunk when he Bigncd the cheque. He wantod a few drinks to make bim right. He had two drinks, which did not make him quite right. He did not take enough to steady him. Defendant continued drinking hard for several days. Beatty had threo or four drinks between 7.45 and 9 a.m., and two before signing the oheque. He drank whisky. Did not present the chequo at tho bnk before changing it. In cross- examination the witness said that the whole fivo drinks would not mike a good "nip." The first two drinks did Beatty good. Had been a barman for defendant. Had sat up with defendant for four nights, and had nevor been paid for it. Defendant had promised him a suit of clothes. Had always been on friendly termo with Boatty. Ro-examiood: After the cheque was dishonoured wrote to defendant that he would consider the £10 a loan, Mr Grote, of the Golden Tieece, proved that defendant was in a fearful state for several days previous to Dec. 24. Had rofused cheques of defendant's during that time. Cross-examined : The signatures to tho cheque wero "scrawly." and not like the signature on tho disputed cheque. Mrs Beatty proved the defendant had been drinking heavily before Dec. 24. Long had volunteered his services. Defendant walked home with Long on the 24th, about 9 o'clook. He waa perfectly silly. Had stopped all defendant's cheques, because Mr Beatty had told her lie had a faint idea that be had given Long a chequo for £10. Long know that payment had been stopped. Cross-oxamined : Had never known Long to take advantage of Mr Beatty. Would not have objeotod lo pay Long for his services, but £10 would have been too sauch. A ledger keeper in tho Bank of New Zealand was called, but could not say that it had been presented, prior to its being paid in. Cross-examined :— The Bank would have been quite justified in returning the cheque, endorsed, "Signature unlike." This was the case for the defence. Learned counsel addressed tho Court. His Worship gave judgment for the defendant, but said that tbe plaintiff was a perfeotly innocent holder of the chequo for value, having no knowledge of fraud. No costs were allowed to defendant. — Russell v. Kennedy, claim £6 16s for medical attendance. The defendant admitted having promised to be responsible for one visit to a nationt with a bad leg. A witness, James -tutherford, deposed that defendant told him that if tho patient did not pay Dr Rusae'l, ho (defendant) would see Dr Russell all right. Another witness also proved defendant's admission of responsibility. His Worship decided that any promise involving responsibility of the kind must be in writing, and gave judgment for defendant.

LYTTELTON. Thtjbsdav, Maboh 23. (Before J. Ollivier, Esq., R.M.) Duos* and Disobdbblt.— A first offender was discharged with a caution.

Desbbtion. — H. Ohlsen, boatswain of the Carnarvon Caetle, waa charged with desertion, and wus sent to gaol until the ship is ready for sea.

Lahcsny.— John Wilkinson was charged wldi etaaling sovea £1 notes from Bobert Fuller on tho previous night. Both men hf d been working at Cameron's station, Ashburton, and on being paid oair-e down to Port yesterday. They stayed at the Empire Hotel on the previous night. Prosecut3r, on waking, mißsed his money, whioh consisted of six £1 Bank of New Zealand notes, and ono Union Bank not.. Suspecting prisoner, prosecutor had him arrested. On being taken to ths station prisoner said he had only 31s. The police, however, found in the foot of one of his stockings five £1 Bank cf New Zealand notes and one Unioa Bank note. The prisoner pleaded guilty, and was, at the request of the police, remanded until Thursday.

Assault. — William Kelly, seaman on board the Glenburn, was charged with essaulting Alexander Heron, the steward of the ship. The trouble aroso out of the quality of the dinner sont to the defendant by the complainant. The Bench inflicted a fine of 20s and cobLb.

Civil Cases. — Bennington v. James Manson, claim 9i. Mr H. N. Nalder appeared for the plaintiff, who had filed his declaration of insolvency. The Bench gave judgment for defendant, with solicitor's fee and costs, 23s 61. Same v. Ryan, claim, £1 14s C_. Judgment by default with costs 14s 6d.