MAGISTERIAL. CHRISTCHURCH.

Star (Christchurch), Issue 7213, 26 September 1901, Page 3

MAGISTERIAL. CHRISTCHURCH.

Thursday, Sept. 26. (Before Mr H. W. Bishop, S.M.) Theft.—Walter Russell Cumberworfrb, who had pleaded guilty to- having stolen the sum of £14 IQ? lOd, th© property of his employers, and 1 had' been remanded for the report of the Probation. Officer, was brought up again*. Mr Bishop said that the report was far from being satisfactory, and' it was mot a case which he would be justified: in treating under the First Offenders Act. A sentence of three months' imprisonment would be inflicted. Alleged Assault and Robbery. — Charles M'Lennan and' George Cowan were chai'ged with liavioig assaulted) and 1 robbed a man* named* John Brooks on Sept. 24. Two other men were charged with the same offence on Wednesday, and 1 were remanded for a week. The two accused were therefore also* rema/nded until Wednesday next, in order that all four cases mi#ht be dealt wibh together. Default Cases. —lm the following cases judgment was given* for the plaintiffs by default: —Fletcher, Humphreys ahd Co. v. A. J. Boyee, claim £1; Wils-on and -Sons v. John Farrow, £1; Commercial Agency, Ltd., v. Thomas R. Steele, £4 17.'5 d; Elizabeth Cleary v. Hany Honor, £3; Kate Elder Berry v. Archibald Blue, £4 10s amd possession of tenement. A Damaged Bicycle. —Frederick William Drummond (Mr Hunt) claimed 25s damages from John Brightling (Mr Harper) for injuries to his bJcyole, alleged to be due to carelessness of defendant's employee. Drummond left liis bicycle in a right-of-way at Horace J. Weeks's premises, and later one of Brightling's drays came up with two cases. Skids were put up, and one case went down in safety. The second, however, fell off the skids and pitched on to the bicycle. Frank Ferguson and Edgar Jones, who had been helping to unload the cases, stated definitely that the accident wa-s due to the carelessness of the driver of the dray, who had placed the second case awkwardly en the skids before they had returned from disposing of the first. The driver, Henry Fox, was equally certain that he had placed the second case en the skids properly, and while Ferguson and Jones were waiting at the bottom, and that the fall had occurred while taking it e-ff. The evidence showed that the bicycle had been well 'out of the way. Mr Bishop said that clearly there had been no contributory negligence. He .would give judgment for the plaintiff for -the amount claimed and coats. A Debatable Poixt. —ln the case, C G. Fryer (Mr Leatham) v. D. Morton, claim £5 18s 3d, the judgment debtor, as previously, failed to appear. He had been subpoenaed under the Imprisonment for Debt Abolition Act, and Mr Leatham now applied for an order for contempt of Court, under Section 86 of the Magistrate's Court Act. Mr Bishop, however, said that he would require to hear legal argument upon the matter before taking any step. In cases where a person's liberty was ; at stake, he must be given the benefit of any doubt,, and there certainly was strong doubt whether, if the power to imprison was abolished under the one Act, the power could bo imported under, another. The case was adjourned for a week.