MAGISTREIAL.

Star (Christchurch), Issue 6309, 6 August 1888, Page 3

MAGISTREIAL.

o— — POLICE COURT. CHRISTCaUECH. This Day. (Before John Ollivier, Esq., E.M., and K. Westenra, W. White, junr., and H. Westmacott, Esqs. Deunkenness. — A first offender was fined ss, and Patrick Lacy was aiso fined 53. Attack on a Constable.— Henry Farmer waa charged with having assaulted Constable Cloary and obstructing him in the execution of bis duty. Farmer said he was innocent of having committed the offence charged against him. Prom the evidence led it appeared that while the constable was arresting a drunken man at the Caversham Hotel on Saturday evening, Farmer, who was drunk, rushed at him and struck him several times. In consequence of the man's action, the person who had been arrested gob away. The Bench gave Farmer a severe reprimand, and sentenced him to a month's imprisonment. Pigeon Shooting.— Hugh Hayward and Henry Hancock were charged with having shot five pigeons, the property of Thomas Murray, Spreydon. Mr "Salter, who appeared for the accused, said there was no felonious intenb on the part of the young men, who made no secret of having shot the pigeons. The evidence for the prosecution was to the effect that the pigeons had been been shot by the accused while the birds were on the shed of the proprietor at Addington. The birds were willingly given up by the men when asked for. They were worth a pound. A pair of Tumblers and a pair of Balds were among the birds shot. The Bench said a fine of 10a would perhaps meet the case, but the accused would have to arrange with the owners about the value. It was anything . but a noble thing to do to shoot pigeons on their rooßt. Witnesses' expenses would also be allowed. Assault. — H. J. Pish, was charged with having inflicted grievous bodily harm on the person of Jame3 Darnill, with* a tomahawk, on Saturday night. Prosecutor said he had visited Fish's shop on Saturday evening with a friend, with the object of obtaining a pair of blankets and a quilt he had left there. After some conversation with Fish, the latter asked the friend to retire and he would talk to prosecutor. The friend retired, and prosecutor and Fish began to talk about the blankets. Fish would not give them up unlesß 15s were paid to him. After some words, Fish struck him with a j tomahawk on the left side of the head, ! causing a considerable wound. The accused at first asked to be allowed to engage counsel, as the case had assumed a complexion he had not expected. The Bench asked if he had any witnesses to call, and accused said he had none, as he lived by himself. The Magistrate said there could be nothing gained by an adjournment for the purpose of engaging counsel if accused had no witnesses to call. It was only the evidence of one man against two. The man Connor, who was with Darnill when the alleged assault was committed corroborated DarnilTs evidence. Dr Symes said the wound was not a serious one, and had not been inflicted with any

very great degree of force. Accused said the prosecutor and himself had known each other for years, and had been in partnership in business. On Saturday night Fish, who was under the influence of | drink, came wit,h a stranger to his place | and demanded his blankets. Prosecutor j declined to give up the blankets until an account owing between them was settled. Denied having wilfully struck Darnill, but in a struggle that ensued, while ' Fish was trying to eject Darnill, the candle was chucked into the street;, and Fish had no intention whatever of injuring the man if he was struck by the tomahawk. The Bench thought a considerable degree of culpability attached to the accused over , the matter, and fined him 403 with coste. | Civil Cases.— -F. G. Meadows v. "William ; Brock, claim .£22 103; adjourned to August 20.— Brady and Co. v. James Gibton, claim i -S3 143 3d ; judgment for plaintiff by default.— Same v. J. P. Carew and wife, claim .£lB 12s 8d ; judgment for plaintiff by default.— P. T. Hawkins v. Henry Hodd, claim JEI2 103; judgment for plaintiff by default. —M. A. Smith v. John A-'Taggarfc, claim 10s 4d ; judgment for plaintiff by defp-ult. — B. Grove v. Alexander Jackson, claim _S6 17s sd. Mr Doubleday for plaintiff, Mr Leatham for defendant. The claim was not disputed, but defendant filed a set-off of JEB 5s 6J, stating that plaintiff borrowed a pony from him tor the purpose of going duck shooting, and that, after an absence of several day?, the ani-nal was returned in a foundered condition. He (defendant) paid Is 6d for a veterinary examination, 3s to a blacksmith for dressing the poay's feet, and 15s for three days' feed. Another man afterwards told him (defendant) that the foundering had been caused by a feed of chickwbeat. A witness named J. W. Johnson stated that he knew the pony, which, previous to the foundering, was worth .£lO or .£l2. It wa3 now worth only about J£4. Defendant j denied ever having borrowed the animal, { and an objection by plaintiff's solicitor to 1 the set-off, on the grounds of insufficient particulars was upheld. Judgment was given for the amount claimed and costs. — M. A. Smith v. David Grainger, claim c£2 163 6d. Judgment for amount of claim. LYTTELTON. This Day. (Before T. O. Guthrie, Esq.) Drunkenness. — Five first offenders were each fined ss, or in default twenty-four hours' imprisonment. — John Madigan was fined 103, or in default forty-eight hours for the same offence. Breach op the Peace. — John Madigan and Thomas Devine were charged with fighting in London street on Saturday night. After hearing the evidence of Mr S. E. Webb, the charge against the former was dismissed, and Devine was fined £1, or in default seven days' imprisonment. (Before T. O. Guthrie and J. G. Fyfe, Esqs.) Petty Larceny. — Andrew Briggs was charged with stealing a bracelet, the property of Kate Bailey, valued at £1 ss. The evidence showed that Brigf^s bad found the bracelet, and, after showing it to several friends and asking for an owner for it, took it home. The case was dismissed.