MAGISTERIAL.

Ashburton Guardian, Volume V, Issue 1423, 21 May 1886, Page 2

MAGISTERIAL.

RESIDENT MAGISTRATE’S COURT

ASHBUR TO N— Friday.

(Before Mr U. C. S. Badde’ey, R.M, an t Mr D. Thomas, J. P.)

CINIL CASKRDimant and Coe v. Pulford, claim L2l4sßd. Judgment for plaintiff for tha amount claimed and costs. •Shearer v. Patterson, claim L 9 81, on a dishonored pronrasory note Judgment for plaintiff for the amount claimed and costa.

Morgan v, McKonzie, claim L 3 10s lOd. Judgment f>r p’aintifif for the amount claimed and costs.

House v. Goldsmith, claim L 8 13. Mr Cay rill for plaint,ff. Judgment for plaintiff for the amount claimed and coats.

WATER RACE DIVER-lON.

William Waste, 13, Wia charged with the larceny of a key and a lid of a box at Pudding :J ill, the property of the Ashburton County Council, and also with diverting water at the headworka. The accused pleaded guilty. Sergeant Felton said the offence was a very serious one, jand liable to a penalty of £SO Had an adult person been charged, the police would have pressed for a severe penalty, but as the father of the lad was in rather poor circumstance* the Bench would bo asked to deal lightly with it. Sergeant Felton called Mr Baxter, who said the effect of the diversion was to deprive about 130 miles of water races en irely of water ; occasioning great inconvenience among settlors. This occurred three times. The key was kept in a box, and this box was broken into aoe the key abstracted. The father of the boy said he was in the habit of behaving very strangely, and was difficult to control. Ho was afraid the hoy was rather weak minded. Aftes a ime consultation between the Bjueh, Felton, and the father of the boy, it was decided to send the accused to Burnham until he attained the age of 15 years, and to be brought up in the Wealejan religion. ALLEGED LARCENY. James Scott was charged with the larceny of a saddle.—Mr White, with Mr Outhbertson, appeased for the accused, who pleaded not guilty. Constable Remer stated that in company with Mr Fox ho had ssarc od the accused’s house and found a saddle there. The accused stated the saddle had been lent to him by a man whose name ha could no. remember. Ha said ha had borrowed the saddle beoiuse his own was locked up in the j ickey room at the racecourse. On the day following the accused said the man who lent him the saddle lived near Drotnore.

Joseph Harris saw the accused using a saddle about 11 am. on the 4th inst., which he got from about one of the stands. Accused went up town and returned in about half an hour. When he returned he did not take the aadlleoff the horse, and witness did net sea it taken off when he left.

Frederick Kit ten berg, horsebreaker at Leeston, said he was at the Ashburton races. He had with him a saddle telonging to Mr Spring, which he left in the jockeys’ dressfng room. The saddle produced was the one. Did not authorise anyone to use it. The saddle was now a great deal mere knocked about than whan witness left it in the room. Samuel Saunders, secretary to the Ashburton Rac ng Oiub, said the accused

had the keys cf the stands and jockey’s dressing-room at the racecourse. In repiy to Mr White, the witness said ho had

seen -the accused on the morning of the 14th, riding in the di o:tion of the race course, but did not remember whether he was usibg a saddle or not. William Baker said that on the after

• loon of the 14th inst, the accused gave him charge of the racecourse, and handed him the keys. He returned them to Mr Fox about six in the evening. The accused was drunk during the afternoon, and very drunk when he left at five o’clock. He rode home. Tie horse he

had was saddled, but witness did not know where he had obtained the saddle.

This was the case for the police. Mr White submitted there was no case to answer. It had been shown that the accused was very drunk on the day whet it was alleged the larceny was committed, it had also been shown that ha had gone to the course with a saddle, and he had only came away with one saddle, and it was a fair inference that the accused being drunk, had made a mistake and taken the wrong saddle. He called Anthony Lea, who, In reply to Mr Onthbertson, said that on May Bth the accused borrowed a saddle from witness. Did not g;t the saddle back from Scott, but took it himself from the racec urae on the 14th inst. That day accused calledj witness’s attention to the saddle, telling he had put the saddle on the horse. Witness looked at the eaodle, and saw that it wai not his. The one produced was the one on the horse. Told Scott the saddle was not witness’s, but accused, who was very drunk, maintained that it was. Accused then went into the bar at one of the booths, and witness proceeded to take the saddle off, but he did not remember whether he got it entirely off, in consequence of a row that look place between Scott and the barman, and witness going hurriedly to the bar to restore peace. When witness cams back from the bat ho saw hia own saddle in the weigh office. He put it on his own horse, and rode off home.

la reply to the Bench, the witness said Ills saddle was something like the one produced, and a drunken man might easily mistake one for the other.

The Bench considered there was no evidence of felonious intent, and dismissed the case but at the same time administered a severe lecture to the accused, pointing out to him the trouble into which his love for liquor had led him. Jotm Mcliroy, a lad about 14 years of age, charged with the larceny of £1 2s from A. Dee, was sentenced to 24 hours’ imprisonment, and ordered to receive 10 strokes with a birch rod. The Court then rose.

SOUTH KAKAIA—THURSDAY. (Before Mr H. C. S. Baddeley, R.M.) CIVIL CASES. Patton v. Cox. — Claim, £ls 4s 3d, on a judgment summons A doctor’s certificate that defendant could not appear was put in. A. Pearson gave evidence that defendant had stated he would not pay a shilling, but would rather go to prison. An order was made for the payment of £5 in six weeks, and the balance by instalments of £o per month.

Burrows v. J. Pearce.—Claim. £3 lbs 2d, for wages. Judgment for the amount claimed and costs.

C. B. Howell v, Hopkins and Co.— Claim, £O, for rent. Judgment for the amount claimed and costs.

Daly v. Emerson —Claim, £3 ss. Case adjourned till next Court day.