MAGISTRATES' COURT.

Star (Christchurch), Issue 6712, 27 November 1889, Page 3

MAGISTRATES' COURT.

LYTTELTOM. Tins Day. (Before 11. Beethtim, Esq., ]1,51.) Bbsach of Pkieon liEciULATioNs. — Jf.mes Finn, a couviut, v/aa charged pcr.-:i~.-tencly rc-i'usi'jg to work as required. Prisoner pleaded "Guilty." but said he waa not iv a fife state oi health, to go to i work. Gaoler Cleary said the muu w/is ! received from Dunedin. JJe was uad.v ■ going a eentenco or three yeav.i' hnpri.-i..-: Ilaoat. lie was abootmaker, and after working in the chop insido the prison fora il" •.-, he applied lo be allowed to go cui;ivj to work, and v.-a^i accordingly sea i; to !'.'< -\ Island. After boiug t.'jor« for boiu-: ti-io he wtw requited to go back to the sho:.- :, and refased. llv Fcrgusiou, chk-f vf'-vc-c.'', gave fiimiiav evidau'ee. Dc Fi'/U-ir.ry, Gaol Burgeon, jjavo evidence thut tnc uimi ; was iv a fit stabe to work. PiiiYiNG a (j&Mii oir Chance. — Nioholrg ' ColuiQbußTaschiicgttdwith playing v g-iuio ' oi' chance, and oldo with as-j:iulling J mh; s Brown. Mr NaJder appeared ior suiiii.:e'i, v/ho plwadod '•' j\'od {juilty." The ovidijiim ■ oi Brown was lo Uio cil'eofc that accused j waa plajiug c*rJu with nuother man. Accused hi I . a six cards' iv his liaiid. Ifv/na his t'Leal, nad ho chould have had only ! live. Witness spoke about accused haviii;.* i six card 1 ?, and ai'ler a few remarks h».d ! been passed, aacueud hit witness in fcliO j ff.ee aud cufc hia lip. Patrick C&ne said ha remembered Nov. 19. Accused ?;a;i &uotliur man. were playing cards l'o? live shillings. Tlie gamo waa intoi'i-iK/u:d and the ttake v/ag taken by acomni.ii) oi 1 accused. 'i'Le Bench said the assault ca'io appeared to be a drunken vow, whiio tho ca,aa of playing a gamo of chance had nob been proved. Assault. — Henry Ilavncr was chp-rjtcd with assaulting James Leckie. Jlr NAiiicr appeared for complainant, who is giircsi-.v.-i 1 at ilia Orphanage. Accused is as.--i;.c uo teacher at the O-.-phanage. James LjcUu ' said he a : :fcod pormi.,sioa of the uuiaier to ! ask Mr Eayner a exueafcion in tho preset C3 of some boja wlio were charged' with stealing fruit oub of the garden aud distroyinK youag trees. Did not tell tlie lnuster tho nature of the question, and when Mr Eayner came 1 witnes3 -.'said, "Mr liayner, I would be much obliged to you if you \vouid not encouriige tlie boya to go into the garden and steal fruit." lliEayner, after eomo other remarks, eaid I tatifcitwr.3 a lie and struck v.-itnesa in the I face with his fist. Mr Brownlse, Sluater j of the Oi-phanagc, said thegarciocernst^d I that Mr Eayner should bo preeent j whan he (the gardener) made a char./y j against some of the boys of stealing iiuiu. Eayner came, and then the gardener asked him not to encourage the boys to eteal, a few words passed, and Eayner struck the gardener in the face. "The whole thinjif did nob take more thr.n a minute. H. Eayner said that on Kov, 19 he was called on to the -parade ground. The boys were iv line, and the gardener commenced inafcingchargesagainacthe witness, and said he had encouraged the boys to go into the garden and steal fruit. One word led to another, and witness, who w;:s j naturally annoyed at being brought berorc the boys in such a manner, so i : ar foreo'; himself as to strike Leckie. Witness saw i at once that he had made a mistake, and ! was sorry for it. Ei3 Worship said tho i whole affair was moat unfortunate. Tho po3ition taken by the gardener in mislead- 1 ing the master by asking such a question ! of Mr Eayner, before the boys, was tiia:r>]y disgraceful, and he had himself to bkiirib for n-hat happened. Of course, Mr Eaynor had no right to lose his temper. Fined la and Court costs.