MAGISTEEIAL.

Star (Christchurch), Issue 5550, 23 February 1886, Page 3

MAGISTEEIAL.

«• MAGISTRATE'S COURT. CHRISTCHUKCH. This Day. (Before E. Beetham, Esq., E.M.) Drunkenness. — John Wataon was convicted of this offence, and fined 10s, or forty-eight hours' imprisonment. Alleged Horse Stealing. — John Grant and James Praser, two lads, were brought up on remand, and charged with stealing a chestnut mare, value .£2O, a mouse-coloured pony, valued .£lO, a saddle, web girth, and stirrup-irons value M t a colonial saddle and gut girth value £1, a doubl« and a single bridle value £1 10s, the whole being the property of James Praser, and alleged to have been stolen on Jan. 17 last. The accused were undefended. Inspector Pender called witnesses, who gave evidence to the following effect: — James Fraser, a corn- dealer of Cashel street, and residing in Madras street north: He had a paddock adjoining his house. He had seen the mares now outside the Court, one was a mouse-coloured pony, and the other, a chestnut mare. The witness also identified the saddles and bridles now on the mares. At 8 p.m., on Jan. 17, the two mares were in his paddock, and the saddles and bridles were in a stable adjoining. Next morning, at G o'clock, the j mares, saddles and bridles were gone. The < paddock was fenced and had a slip rail. ! In the morning the rail was down. It was i up the previous night. The mares outside were witness' property ; he valued the saddles and bridles at £8 10s. Hujjh , Devinc, a Bhepherd, at Balmoral [ Station, 9tated that he resided about seven miles from the homestead at Pahau.

On a Monday in January last the two , prisoners came to Fahau, and tied two mares up to the gate. They were the mares outside the Court identified by Mr Fraser. Prisoners asked for something to eat, and put their horses in the paddock and stayed all night. They said they had come from the other side of Christchurch. This witness offered to " chop" a mare with them, and got the mouse coloured mare for his. The prisoners' horses had saddles and bridles on, and witness bought the saddle and bridle on the mouse coloured mare in exchange for an old saddle and bridle, a blanket, and 10s in cash. Prisoner Grant made the "chop." The other prisoner was present ; but took no part in it. Frederick Schmidt, a lad living with his father, a farmer at Ashley: Saw accused together on Jan. 31. They had horses and saddles and bridles with them. The chestnut mare identified by Mr Fraser, and now outside the Court, was one, and the other was a bay mare. The accused told this witness they came from the north. They went towards Whiterock. Charle3 Wright, a farmer, living at Ashley, deposed to seeing the two horses referred to by the last witness, grazing on the road, when Constable Costin took charge of them. Constable Costin, stationed at Rangiora, stated that he had taken charge of the chestnut and bay horses at Ashley, and he also obtained the mouse-coloured mare from Devine. Arrested prisoners at a blacksmith's shop at Loburn in the Bangiora district on Feb. 2. When charged prisoners said they would not make any statement then, but would explain in Court what they had done. Jane Brooks, a young lady living with her mother opposite Mr Fraser's place, Madras street north, stated that on Jan. 16 last she saw Anderson leaning over the fence of Mr Fraser's paddock and examining the slip raiL When he caught sight of witness helooksd very foolish. This was the case. Prisoner said nothing, in answer to the usual caution, and were committed to take their trial at the next sessions of the Supreme Court. CIVIL CASES. Defaults. — Judgment was given for plaintiff, by default, in the cases of Venall v. Perrings, claim 10s ; G. L. Beath v. G. Honey woo 4, claim £5 ; Paterson v. Freeman, claim .£l7 18s 10d; Clark v. Little, claim £$ Is 3d; Hobbs and Co. v. Richards, claim £5 12s 8d; Same v. Lawson, claim £3 3s Id ; Wilkin and Co. v. Cain, claim £1 12s ; Scarlett and Co. v. M'Curry, claim £2 10s; Same v. Webber, claim 12s ; Bryenton v. Mitchell, claim £& 12a 7d ; Purchasers of Blackburn's Book Debts v. Jones, claim £A 3s 9d ; Manning j v. Cain, claim £7 ; Strike v. Parsons, j claim £1 5s 6d ; Trent Bros. v. Boorman, claim £4 16s. Miscellaneous. — Bryenton v. Marks, claim .£1 53 6d for meat supplied. Judgment for plaintiff with costs. — Same v. Emerson, claim £3 8s 3d. Defendant disputed the claim on the ground that the meat had been supplied to a woman who had been living with him, and to whom he paid wages. His Worship held that these circumstances constituted the woman defendant's agent, and gave judgment for plaintiff, with costs. — Strike v. Tombs, claim £7 6s 9d, for aerated waters supplied. Mr Bruges for plaintiff. Judgment for plaintiff with costs. — Same v. Bartrum, claim £2 11s lOd. Mr Loughrey for defendant. It appeared that the plaintiff had left a quantity of aerated waters without order, and l'udgnient was given for defendant. — Drainage Board v. Banks, claim £4 16s lid, balance of rates due for period April 30 to Dec. 31, 1885. Mr Smith, the Rate Collector, produced the rate book and other documents, which showed that by a clerical error defendant had been served with notice to pay rates in respect of a property not his own, and for which the rate 3 were £3 2s 6d, whereas the rates for defendant's property amounted to £7 193 sd. Defendant had paid the smaller sum, but when, six months after, demand was made upon him for the balance, he refused to pay it, and now relied upon his receipt to protect him from further payments. His Worship said that he would give defendant leave to appeal on any point of law with regard to his not being liable to pay under the second notice, but he (Mr Beetham) thought there could be no question whatever that defendant owed the money. Judgment was given for plaintiff with costs. — Whitta v. Mrs Jacobsen, claim £14> 14s Id for groceries, &c, supplied. Mr Stone for plaintiff, a storekeeper ; Mr Stringer for defendant, a married woman who had kept a boarding-house, at which also her husband lived, and it was alleged for the plaintiff that the goods were supplied to her order, and that she had a separate estate, having banked j£9o in her own name. After hearing the evidence, his Worship concluded that, as Mr Jacobsen was associated with his wife in the business, she had most likely banked the money for her husband, and therefore could not be held to have a separate estate or be liable for the debt. Plaintiff was non-suited, but considering the circumstances of the case no costs were allowed. — Drainage Board v. M'Donald, claim 15s 8d for rates. This case was similar to that of Drainage Board v. Banks, only it appeared that no notice had been served on defendant for the amount now claimed, and plaintiff was nonsuited with costs. The defendant, however, acting on Mr Beetham's advice, wisely paid the 15s 8d to save further trouble.