RESIDENT MAGISTRATE’S COURT.

Ashburton Guardian, Volume IV, Issue 834, 5 January 1883, Page 2

RESIDENT MAGISTRATE’S COURT.

ASHBURTON.— To-day. (Before His Worship the Mayor and,Mr Thomas Bullock, J.P.) ‘ Drunkenness. —John Maher, for being drunk in a public place, Wise fined lOij bif 48 hours. , ItiiTßEa Ti)i ent of HoBSES.—Jobn Pullen was charged with driving a horse ip an unst state.—Sergeant Felton said }fp saw the accused driving a horse and carl through the town yesterday morning. The horse was without shoes, very lama, and was scarcely able to walk. He took the horse away, and put it in the police paddock last night,— A. M. Pearson sa d he had seen the horse belonging to the accused on several occasions. It had no shoes on, and was in a very bad state.— Walter Martin, Clerk to the R.M. Court, said that the accused had often driven the horse in the state it was now in. The horse was in such a state that he had informed the police, and had also stopped the accused when in the street and remoh-' strated with the accused for illusing the animal.—This was the case for the police. —The accused said he was always kind to his animals. Had never illused the horse. If their Worships would let him off he would promise hot to work the hope withput shops.—The Bpnch fined the accused JOs and costs, at the same time’warn pig him that if he, illtreated another he would be dealt with more.severely.[Mr Bullock here left the Bench, ; »tid Mr R. Alcoru took his seat theron.] '

T.mmtvv- James Thompson ■was charged with stealing a pair of boots, the property of Daniel. Spencer.—The prose* . outer gave evidence to prove the theft, • bat it appeared that some sort of an offer to exchange boots had been made by the

prosecutor.—Henry Hunter, a saddler in Tinwald, said the accused- brought him. a pur of boots which he wanted to sell. . They were the same as those produced, and he borrowed 5s from witness, remarking at the time that the boots were his property.—Constable Hicks proved the arrest of the accused. —The Bench said there was a dear case of larceny against the accused, but they would take a lenient view of the case and sentence him to one month’s imprisonment with hard labor. Larceny or a Tent and a Ham.— Joseph Brennan was brought up, on remand, charged with, stealing a tent and a hats.—Constable Neill deposed to the arrest of the prisoner. He found the accused, who had only come out of gaol on Friday last, with a tent in his possession. Told accused that unless he gave a a itiafactory account as to how he came intp possession of the tent ho would arrest him. Accused said he bought the tent from Hicks, a baker in Lancaster’s shop, and was to pay for it after harvest. The next morning" witness arrested the accused near Winslow. He had found the tent, which was hidden in a paddock, amongst some stocks of oats. The swag produced was also found close to where the tent was hidden. The accused identified the clothes in the swag as his property, at the police station.—The accused cross-examined tbe constable at some length, but gave it up as useless.—W. Patching, tentmaker, said he missed a tent on Saturday morning last. The tent produced was one of his tents. The value of the tent was 22s fid. Had never sold one to the accused. —By accused : Might have .sold the tent. Couldn’t swear he hadn’t sold it—Thomas Hicks said he had* seen the accused once. Had never

offered the accused a tent, nor had he ever

had any dealings with him.—Sergeant Feltun said the accused had made a statement to Constable Neil to the effect that ho- had bought the tent from Hicks, the baker. The arresting constable told witness at the time that accused said he had _ sold the t-nt to a swagger.—The charge of stealing a ham was then proceeded with. —Constable Neil deposed to finding a ham in the accused’s pos-es-rion when arrested near Wheatstone. Accused said that Hicks had given him the ham.—Mrs Jane Bell, living near Tinwald, said she missed a ham on Sunday last out of a small room adjoining her house. Had never-seen the accused before, nor had she given permission to any person to take the ham;—Thomas Hicks said he never sold or gave the accused a ham.— The accused, in'defence, said he defied anyone to say that he was in Ashburton ouFriday last. He was discharged from the-lock-up on Friday, and immediately left Ashburton. He found the tent and the 1 ham near the new saleyards at Tinwald, and as he. was opening the.tent Ookutable Neil came up and arrested him- The case was “ got up ” against him-by the police, and it was only an error of judgment on his own part in not. bringing the tent and the ham to Ashburton instead of taking it on to Winslow. It waa a case that the great “ Bobby Burns” had fully described in the words—- “ Man’s inhumanity to man . ' Makes countless thousands mourn.” —-Constable Biggs gave evidence to the effect that several sentences had been ■erred in goal by the accu-ed for various thefts committed in Christchurch;—Sergeant Felton also proved other previous convictions against the accused.—The Bench said they intended to deal summarily with the charges, and would sentence the accused to six months’ imprisonment, with hard labor. Labcent ob Harness. —George Coulter, for alleged, . larceny of harness, was brought before the Court.—Mr Crisp, on behalf of the accused, asked for a remand for a week.—Sergeant Felton said that already the accused had . been remanded for fourteen- days.—Their Worships decided to go on with the case.— Constable Neil Said he arrested the acmfied - on a charge of 'stealing a kettle .and., some leading harness, the property of -H. Aitken. Henry MeCutchen said: the leading harness produced "was Aitken’s property. Hb knew it by several notches, it was nged by accused for three' months previous to finding it.— By M. Crisp : The accused and witness worked together at the Hinds. They borrowed harness for each, and then gave information to the polite about Coulter stealing a saddle from the witness’s camp. .Coulter was convicted. Witness then took charge

of. the things at the camp. The last . Court day witness was sued for £26 for taking things belonging to Coulter, and judgment- was ' given against witness. Sad never offered" lo give Coulter £5 to dear out. Made the marks on the harness at the camp during the time Coulter ' was in Lyttelton. This was about 16 ' days after his committal. Aitken said it was his,; property,- and witness marked the harness, and took it down to the police on Aitkin’s behalf. Had not yet paid Coulter for a dray, but had given him credit for it.—John 4itken, a contractor, living at the Binds, said the harness produced belonged to him.—By Mr Crisp : ■ Lost the harness in 1881. Could swear to the chains as his properly. Tbs' kettle did not belong to witness. Told Constable Neil that he had lost some bar ness about nine months ago. McCutcheon went with witness to the camp and found the* harness. McCutcheon marked the harness with a knife, and then took it down to the police station. The kettle was the same as that left at tbe.camp and

found with the harness at Coulter’s place. —Wm. Monroe said that the kettle produced was left at witness’s house with other* things by Coulter. Wi ness and Coulter had worked together as mates. Did not know why the kettle was left with witness.—By Mr Crisp; Did not seethe things arrive at witness’s boose. Knew that they belonged to Coulter. Knew that McCutcheon and Coulter were on bad terms.—Mr Crisp asked the Bench whether!they considered any case had been made out against the accused.—The Bench thought -there was insufficient evidence; to convict,* therefore the esse . would be dismiss d. 7, Damaging Telegraph Wires. —G. - Wilcox and- f, Gardiner were cbarged.with - damaging .the;telegraph; wires by; bringing ‘ ajbousej which was being removed, into them-—Sergeant Felton arid considerable ' inconvenience had arisen to the Telegraph Department through the damage done to these wires,—The Bench thought that as ; the damage was the result of an accident, tbough there must have been s/me carelessness shown, a neminal fine would only 'c be inflicted. Fined 10s and costs. Bosses Wandering on Railway Line.

-‘■V —J, Padgett, for allowing a horse to wander on the railway line at the Hinds, was fined 5a and costs.—The defendant r pleaded that the horse had been killed by the tpain, *' more tp his sorrow ” DIfiOBDEBLV Conduct— Joseph Sloan was charged, with disorder! y conduct. Sergeant ,Vj . Felteir * said that there was a prohibition order Against the accused being supplied '•C j with drink by the publicans . In.this case - * private persons had supplied the drink, r. "' The accused was fined 10s and costs, and cantiqned'sfi'to his future behaviour. V - PitoHinmOH. Onnwu—An order of this was obtained on the application or |||' ‘ his wjfej/sgainHt Samuel Corrigan, TinCivil Cases. McOarry v. Osborne- No appearance. ’.claim £2O. —Mr appeared for the- plaintiff and *** ■ ■ adjournment for fourteen thewudden illnesa of one of ftimr witoeiie**—Mr Crisp, for the deI' .V ■ •

fondant, objected as the case had been already adjourned, and his client had a witness from Dunedin, who was now present—A lengthy argument ensued on this point between counsel, and ultimately iho case was adjourned for a month. Nealas v. McKnight.— Claim, L 7 15s 3d. Judgment by default. Page v. Brans n.—Claim, LlB 10a. Thia was a claim for amount of a dishonored bill endorsed by defendant. From evidence it appeared that the endorsement was given for an accommodation bill. The defendant pleaded that no notice of dishonor had been Jsent to him. The Bench decided to enter a nonsuit, as the defendant’s plea was fatal. The Court then rose.