MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 1796, 22 March 1888, Page 3

MAGISTERIAL.

ASHBURTON— THURSDAY.

(Before Mr John Olllvler, R M.)

CATTLE AT LAKGE

Peter Kellor was charged on two Informations with allowing cows to wander at large. Mr Parnoll appeared for the defendant. — The poundkeeper, who was a witneßH m one of the cases did not appear. The Magistrate animadverted strongly on his obeenoe and dismissed the case. — On the recommendation of the Magistrate, irt other charge was withdrawn, a complication arising m regard to the attendance of a wltneßß.

William Cochie was similarly charged. As the previous casa had been dismissed, the police applied that this might be dealt with likewise. This course was followed, both the defendaata belog cautioned not to appear again. SHORT MEASURE. William Mltohell, licensee of the Chert^y Hotel was charged undor the Weights and Measareß Act with aalng a false measure. Foor men went to the defendant's hotel to obtain half a gallon of beet*. This w»3 ■applied to them m a atonsil which waa one pint short of the half gallon. The Magistrate Infl'oied a fine of £5 andoosts, In all £7 17a Bd. a bailiff's case. F. S. Shearer waa charged with assaulting W. Faloon, acting bailiff of the Resident Magtatrates's Ojut while m tha execution of hia duty — at Tinwald on March 14. Defendant pleaded not guilty. — A. M. Pearson, bailiff, said that he Bent h'« man Falcon, to execute a warrant at She»rer'f, — W. Falcon said that he road the warrant over to Shearer and afterwards took possession of theahop. When witness had bean m the shop about ten minutes Shearer ordered him oat Witness refused to go and Shearer started to bundle him out, using a considerable •mount of violence Shearer took a stick oat of witness's hand and waved it m a threatening manner. Ho tore witness's nhirt and otherwise illumed him. — Thia was complainant's case. Defendant called Albert Oraighcad, a wheolwright m hia employ, who Bald that he had never heard defendant make use of oaths ■s alleged by complainant. Was workIng In front of the Bhop door when Faloon came there. Did not see Shearer use any violence towards Falcon, and was In a position to see anything that occurred —The defendant gave evidence denying that givea by the complainant, — The Magistrate did not attach the smallest Importance to the evidence of Shearer or his witness. The offence was a serious one, and the officers of (he Court were entitled to protection. Defendant woti'd be fitted £s. —On the application of Mr Pearson, tha Court made an order that 30s out of the fine should bo paid Faloon to repair the damage caused to his clothes. JUVENILE ORCHARD ROBBERS. Arthur Painter, John Oaueland, James Gould, and John Graham, four lads of tender age were charged with the larceny of 201bi of apples the propeity of Edward Kealy, of Allen ton.— The boys, whose parents wore present pleaded| guilty. — Edward Kealy said that he bad four acres of orohard •t Allenton. On Snqday he fiw four boys near the garden with bankotchiefs filled with something He did. not take much not Ice of the lads then, but when he reached the garden he found that a quantity of apples had been Stolen. A great many had been wasted, being thrown about the ground. Mr Oraighead subsequently bent for witness and gave him the tin dish of apples (produced). The apples were witneas' property. Witness had suffered a good deal thia year through his orchard being robbed. — William Oraighead on Sunday afternoon saw the boys near tha garden C&nght them and |took the apples from them. Some of the boys admitted being m Kealy 's garden, but the others denied It.— Sergeant Felton said that a great many complaints had been made this year about orchard robbing. — The Magistrate said that if a few apples only had been taken he might have been disposed to dismiss the case, but when he saw a quantity of apples suoh as produced it looked very like as if they had some other object; because he could not help thinking that these apples would be very useful to the mothers of the boya for cooking purposes. In the present cineß a fine of 20i would be inflioted, but any future case would be severely dealt with. CIVIL CASES. Watson Cox' and Co V Lester, olaim £2? 6i. Mr Olaytoa for plaintiff* Judgment for the amount claimed, with the exception of £L 6a Interest which was disallowed. MoDowall v T. and G. Smith claim £16 45.-^-Mr Cuthbertson for plaintiff Judgment for plaintiff. Ashbarton Publishing Company v W, B. Oompton olalm, £4 — Judgment for plaintiff by default. / T * Orr and Oo V H. Balloy claim, £3 3$ }ld. — Judgment for plaintiff by default. Gablies and Plante v Roads claim, £4 16i' lid.— Judgment for plaintiff by default. 'Zander and Oo v R. Patton, judgment summons £10 2s Gd.— Order made (Bat amount be paid within fourteen daya, \n default one month's impt sonment. Baylls v D. O'Connor, judgment ■ummons £5 4s 6d.— Mr Oathbertson for judgment creditor Order mido that ■mount be paid In monthly Instalments of £1, In default 14 doya imprisonment. B, Hughes v J. 0. Bell claim, £16 143 2d.— Mr Oaygill for fJlaintlff. - Mr Crisp for defendant. In this case <a> plaintiff was the purchaser of the book debts of the old "Guardian" w Company, and the olaim wan for advertising alleged to have been dooo by that Company for defendant The case was partly heard last court day, but waa then adjourned m order that the parties might adjust the account between themselves, but they had failed to arrive at a settlemanfc. Tha defendant marlo an r.ft*~ *~ ■nbmlt the matter to arbitration and the offer was repeated In Court, Plaintiff declined lp, however, wlahlnp the matter to ' feVdeoldea" by the Court. The case was gone Into at* considerable length. The aooounta were very complicated and defendant fought item after item. The Magistrate m the course of the case obaraoteriaed the defendant's attitude as most discreditable. Ultimately the case was adjourned for a week In order to allow of the parties coming to lome arrangement, the Magistrate refusing to jgo . farther lntp such complicated aeoonnto. . Tbe Court then rose,