MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 1807, 5 April 1888, Page 2

MAGISTERIAL.

ASHBUKTON— THURSDAY

(Before Captain Wray, R M.)

DRUNKENNESS,

Johrf Aoderaon waa fined 5 3, or 24 houra.

Joaeph Anderson, for having " been drunk while m oharge of a horse, waa fined 20a and coata.

Henry Martin waa charged with a similar offenoe, and was likewise fined 20 1 and coats. James McMillan was charged with having been drank while In oharge of a dray m East street. Fined 20s and costs. BOBOUGH BY-LAWS. Robert Hlokß, for allowing a ohimney to be on fire, was fined 10s and costs, James Johnston was charged with having left a horse and oart unattended without having first looked Ihe wheel. He was fined 53 and oosta. MAINTENANCE ORDER. James O'Meara, an old man of 72 years of age, applied for a maintenance order agalnat two of his sons, who are oooupylng respectable positions m another part of the oolony. The evldenoe ohowed that the applicant, who was for some years an Inmate of the Old Men's Home, had met | with an aooldent by breaking his leg some I time ago, and was not able to do any but very light work* It was also shown that he had left his family to their own devices many yearn ago, and had In no way contributed towards their maintenance. The sons offered to make him an allowance of 10a per week, and to pay £15 for his passage out of the oolony, which was aooepted and an order made accordingly. — Mr Wilding appeared for applicant ; Mr J. W. White (instrnoted by Mr Oriip) for defendant. THE WAKANTJI FIRE.. James Ooohrane applied th*t Philip Maguire should be boand over to keep the peace towards him.— Mr Wilding appeared Id Bnpport of the information, and Mr Purnell for the defendant. —It will be remembered that about a month ago | the oomplainant lost four stacks of wheat by fire. Maguire was arrested on a charge of arson, but the police after a remind withdrew the charge, aa a prima facie case could not be made out. Maguire, it was alleged, shortly before the fire made nse of threatening language, Baying that he would " burn" something or other. The complainant alleged that he was m fear of further losses, and applied to have tha defendant bound over. The following evidence waa taken : — James Oochrane said that he was a farmer at Wakaonl. Defendant lived about half a ml'e away. Had known defendant 11 or 12 years. Had employed him on different ocoaalona, but with the exception of one day had not employed him within the laat threo years. On March sth defendant oamo to witness 1 place and demanded £9 odd for wages which he alleged had been due to him for four yoara. Witness only owed a small balanoo of 15i, and that even had been reduced by goods supplied. When wltnesa rafused to pay the £9 defendant used very violent language and said "You'll loße more than this within the next few days. I'll burn it for you." The conversation took place about the middle of the farm and witness understood him to refer to the grain ataoks. After what had happened witness waa sure It waa the grain stanks defendant referred to. Defendant, after threatening to burn, went away very exolted. Two days afterwards witness had four staoks burned* Witness was afraid of Magalre ) he was afraid he might do worse. Maguire la very violent and abusive. About threa years ago he used violent language to wltnesa and wltneaa had refused to employ him sluoe.-- By Mr Purnell : witness did not on that oooailon offer him a cheque for leas wages than were duo to him. When Maguire oame to witness on sth Maroh he said he had brought an account owing for four years. Witness handed it baok saying he only owed a small sum and if Maguire came up some evening he would settle. Magnlra threatened to summons wltneas. Did not remember Maguire saying that witness had not paid him m full on a previous oooaaion. Witness had no lllfeelfnK towards Maguire, only he had refused te employ him since using violent language three years ago. For some days prevlouo to the fire there was a strong nor-weuter blowing. There had been fires m other pwtß of the district, and there were a number of swaggers going about. Wltneas never had a fire on his farm before ; he had not punished his son on one occasion for setting hla stacks on fire. Never saw a stack that oaught fire spontaneously. — John Doak, farmer, living near last witness's place, aald he saw Maguire on Monday, M*rch 5. Maguire told wltnesa that he had been to Qoohrano'a that morning about some money that had been owing him for the last few yeara. Witness aald that it was not likely that Ooohrane would owe him money for that length of time, and Maguire replied by making use of profane language. Maguire was a man who was excitable at times.— Sergt. Felton said that he had arreated Maguire In connection with a oharge of arson. Ha.d known him for the last ten or twelve yeata ; knew him to be of an excitable nature. He was very ecoentrlc ; at one time ho put himself forward aa a candidate for the General Assembly, and at another he announced that he would deliver a lecture on religion,— By 'Mr Purnell : Toe only evldenoe agalnat Maguire at the arson trial was Ooohrane's statement. (Mr Purnell examined the witne33 »& to the features of the axeon caae). This was the complainant's case. Mr Purnell, ater addressing the Court, oalled Philip Maguire who said that on Maroh sth he went to Ooohrane with an aooount. Ooohrane said he did not owe it, and witness replied that he would summona him, but he did not make uae of any threats. He did not threaten to burn him out. Sad no ill-will against him. Did not bavo a grudge against him now. The witness explained how he npent hh time from leaving Ooohrane's till he vras arrested. He was sleeping at the tine the fire occurred. Wltnesa would nol deny that ho might have made uao of bad language when speaking to D»ak. — Tho Magistrate said that tho evidoico would not justify him m making tha order asked for. He would allow no cods. CITE, OASES. Aahburton Publishing Company v H. Oookson. claim £42j 6d, Judgment for plaintiff by default W, B. Oomptonv J. WArd, claim £25. Oase adjourned f oi a fortnight. Baylla v W. T. Harrison, judgment summons £3 5s Si— Mr Oathbertson for judgment creditor, Mr Purnoll for defendant — Oaae adjourned.