RESIDENT MAGISTRATE’S COURT.

Ashburton Guardian, Volume IV, Issue 789, 10 November 1882, Page 2

RESIDENT MAGISTRATE’S COURT.

ASHBURTON. -To-day,

(Before Joseph Beswick, Esq., R.M.) Drunkenness. —Win. Shalvey was fined 10s for drunkenness and 20s for using obscene language.—A. Rugg for helpless drunkenness in a railway carriage was fined 20s. James Fenton for drunkenness was fined 10s. Alleged Laroeny op a Coat. —Henry Walmer, alits Henry Smith, and Thos. Mark Marks were charged with the larceny of an old macintosh cjat, valued at S S . —Thomas Walsh, carpenter, deposed that he left the coat produced in the bar of the Somerset Hotel on the evening of Wednesday last. Later in the evening missed the coat and next saw it in the hands of the police. It was removed from the hotel without witness’s knowledge or sanction. —A witness deposed to being offered the coat for sale by the accused on Wednesday last. They spoke to him at the rear of the Somerset Hotel.—Mrs Eagle deposed that the accused had asked her to take care of the coat produced. —Harry Dunn, barman at the Somerset Hotel, deposed to the prosecutor leaving the coat produced in the bar. of the hotel on Wednesday evening. He asked witness to keep an eye upon it, and it disappeared soon afterwards.— Thomas Preston said that he was in the Somerset bar on Wednesday evening, and saw the accused remove the cart.—This was all the evidence. The men tried to explain their rather awkward situation, but his Worship said he was satisfied as to their guilt. Walmer was sentenced to two months, with hard labor, and Marks to one.

111-treating Horses —James Toner, farmer, Alford Forest, was charged with ill-treating three horses by working them with sore shoulders. Constable iSeillgave evidence as to seeing the horses at work. There were four horses, and three of them were suffering from bad shoulders. One of the animals had a wound three or four inches round on its shoulder. Another had what looked like an old wound, from which, however, matter was exuding. Defendant called his brother, John Toner, in his defence, but his evidence did not go very far to extenuate the cruelty. His Worship administered a well deserved rebuke, and inflicted a fine of L 5. , Alleged False Pretences.—Donald McKenzie was charged on remand with obtainining Ll 2s 6d from Mr F. Oliver, of Wheatstone, by means of a valueless cheque, and also the sum of Ll 5s from Mark Scott by means of a valueless cheque. The evidence of this case was taken several weeks ago, and has been fully published. Mr Branson now addressed the Court at some length on behalf of his client, and endeavored to show that there was no proof of fraud, and that when McKenzie gave the cheques he had reasonable gaounds for supposing that ha w mid have money paid into the bank to meet the demands upon him.—Accused was committed for trial, the same bail being accepted for his appearance as before.—Subsequently his Worship, after further discussion with Mr Branson, said he would deal summarily with the case. —Mr Branson: But, your Worship,gthe man is already committed for trial —His Worship said that under the circumstances he was just Bed in acting as he had.—Mr Branson said he would leave it to his client to say whether he would bo d. ; alt with summarily or ba committed for trial. A brief consultation having taken place between solicitor and accused, Mr Branson said he would ask hia Worship to note the following objections for the consideration of the Supreme Court:—(l) Can there be any evidence of fraud where it is shewn that immediately the cheque on which an accused person obtains money is returned dishonored he pays the amount by an order on his employer ? (2) Can a person bo held guilty of fraud who gives a cheque which is never presented at all ?—Accused stands committed for trial at the next session of the Supreme Court at Christchurch. CIVIL CASES. Borough Council v. Baker. —Claim, L 8 6a Gd, rates Mr Branson appeared for the Council. Judgment for the amount. Dudson v. Hicks—Claim, L 4 8s 9d. Judgment for amount claimed. The Court then rose.