MAGISTERIAL.

Ashburton Guardian, Volume V, Issue 1252, 1 June 1886, Page 2

MAGISTERIAL.

RESIDENT MAGISTRATE’S COURT

ASHBURTON—TO-DAY

(Before MrD. Williamson, J.P., and Mr id. Friedlander, J.P.)

DRUNKENNESS. . J<m»a How, charged with drunkenness, was 6ned 5s and coats, and for resisting the police was fined l°s and coats. ALLEGED ILLEGAL RESCUE, Willi.m Clark and George Clark were charged with the illegal rescue of certain horses —Mr Wilding appeared for the prosecution, Mr White for Wm. Clark, and Mr C isp for George Clark. — Both ihe defend mts pleaded not guilty. The following evidence was taken:—Walter Hawkins said he was in charge o! certain property. The defendants brought a number of horses on to the land abou‘ April 19 Witness gave them no permission to do so. Ho asked defendants several times to remove the horses, but, they refused to do so. Witness then gave the poundkeeper instructions to impound them. This was about May 19 The poua'.keeper cune out but the defendants refused to allow the horses 1 1 be taken.—By Mr White: Witness was ?a charge of the property for Messts Wilkin and Co. Ho received a letter i froiuJMr C,x asking l imtogiv th -Clatks ' all the assistance he could when they came on the property. They had been there about six or seven we -ki. Witness had given them one of the keys of the place, but, had since got it buck —By Mr Crisp ; At the time witness handed over the key he had notice to quit from Mr Oox, of the firm of Wilkin and Co. His notice was to have expired m May 21. Witness remembered reading a letter to the defendants, giving them notice to quit as the sale of the property had fallen through ; that was the only notice he ever gave them.—By Mr Wilding; Witness’s notice to quit was in cm sequence of a proposed sale of the property, but as that sale fell through witness’s notice was rescinded.— By the Bench: About half an hour elapsed between the time of witness's reading the notice and his sending for the poundkeeper —By Mr Wilding: Witness did not allow more time in c ,n----sequepcs of the defendants refusing to remove their cattle. ] W, J Oliver, of Messrs R. Wilkin and Go., detailed the negotiations between the firm and the defendants relative to a lease to be taken by > latter of the Woo l»nds Esta f e. The witness said the negotiations fell through, and instructions were issued to Hawkins to get the defendants oS the property as soon as possible.—The witness was cross examined at some length by Mr White. W. B. Compton stated that he was seat for by Hawkins to impound some horses, but the defendants refused to let witness taka them. Witness could not have seized | them without violence.—This was the case for the plaintiff.—Mr White submitted the question of title had been raised, and that therefore the Bercb had no ; jurisdic ion. He quoted authorities at great length in support of his view.—Mr I Wilding replied.—The Bench upheld Mr | White’s cantention, and the charge against • the defendants was dismis-ed. ALL* GED ASSAULT. 1 J. McMullen v. Anderson. Mr Wilding for complainant Mr Crisp for defendant. , The ciae was adjourned for a week, I CATTLE AT LARGE. George Tail was charged on the information of J. Brown with allowing three head of cattle to wander at large on the , Beach road, Wakanui. There were two [ informations against the accused, one under the Impounding Act and the other under the Public Works Act. Mr Purnell appeared in support of the information, | and Mr Wilding for the defendant. After , some consultation between counsel, the [ defendant agreed to plead guilty. A fine of 5s and costs on each charge was i inflicted. : THREATENING LANGUAGE, i A charge against George Tail for using ! threatening language towards J. Brown 1 was withdrawn, the defendant tendering ; an apology and offering to pay the costs of the case. ALLEGED ROWDYISM. John Padget was charged on information with disorderly behavior while drunk, at the Hinds, on the 20th ult. Mr Wilding appeared for the defendant The evidence of J. Leitch, Mary Hickey, Ji W, Bowles, A. Macpherson, George Watts, and F. Morgan was taken for the prosecution, but no case was made out, and the defendant was discharged without any defence being entered into ALLEGED BREACH OF THE LICENSING ACT. George Watts was charged with permitting quarrelsome conductiu his licensed house at the Hinds, and a ! so with permitting drunkenness in his licensed house. —On the application of Sergeant Felton, the heaiing of the informations was adjourned until the loth hist. TROHIBITION ORDER. A prohibition order to have effect throughtj the County of Ashburton for one year was issued against R, Lancaster. The Court then rose. I