MAGISTERIAL

Ashburton Guardian, Volume VII, Issue 1958, 1 October 1888, Page 3

MAGISTERIAL

ASHBDBTON— MONDAY.

(Before Major Steward, J.P., and Mr D. Thomas, J 4 P) DBUKXBNNBSS. W. F. Bell, charged with helpless drunkenness, was fined ss, and ordered to pay 10s 6d for medical attendance and 3s for maintenance. UNATTENDED. Samuel Boyle for leaving a horse unattended was fined 10s. FEROCIOUS DOG John Henry was charged with having In his possession a ferocious dog. As defendant had got rid ef the animal the polloe obtained leave to withdraw the information. • OBSCENE LANGUAGE. Mary Ann Kane was charged on two informations with having on the 21st and 23rd inst, used obscene language towards Mis Barnard. A cross-information charged Mrs Barnard with having used insulting language towards Mrs Kane. Mr Cuthbertson appeared for defendant. — Tho following cvi dence was called : W. W. White said that he lived next door to Mrs Kane, and next door but one to Mrs Barnard. On the 21st he heard two boys talking m Mrs Barnard's garden. Mrs Kane went to them and spoke loudly and abusively. Mrs Barnard ordered her boy to come m, lie obeyed and Mrs Kane followed him. Mrs Barnard told Mrs Kane that she would cot hear her boy called a liar by the latter, and ordered her off the premises. Mrs Kane thereupon became very abusive, callhig Mrs Barnard a lying vagabond, and saying Bbc would smash her b y nose m. Mrs Barnard called her boy m Mrs Kaon stopped a little and then went •way. She repeated her language while fltopp'ng. The affair lasted abont half an hour. Abont half-past five on Sunday morning witness waa awakened by a noise. He went to the window and saw Mrs Kiue on the footpath. She wsb calling Mrs Barnard disgusting name*. Wltnees saw no one except Mrs Kane who was walking op and down the path Mrs Barnard said that she lived next door to Mrs Kane m Princes street, Netherby. On Friday the 21st her boy and Mrs son were speaking together. Mt? Kane oame out becauee the lads mentioned her children's names. Mrs Ktne abased the boys. Witneis waited five mlnntet for her to go away, and then went out and asked her to go away sad stop abasing the boys. Mrs Kane waa then on witness's premises. She went over to her own ground and applied a bad word to witneis. Witness said she would tell Mr Kane and the defendant replied that If she did mo she wonld break the b— noie on her face. On Sunday witness was awakensd by Mrs Kane calling out her name and using very badu language towards her. — Frank Bernard ■on of the last witness, gave corroborative evidence .—This was the case for the prosecution. Mr Cuthbertson submitted ihat the information, which specified the words alleged to have been used, had not been borne oat. The Bench overruled the objeotion, as although all the words set out had not been showa to have been used, it had been proved that the worse part of the words had been used. — The . following evldenoe for the defence was led : — Mrs Kane said that on the Friday m question she did not apply any bad names to Mrs Barnard, but on the Sunday, when In her own ground, Bhe might have called her a whore. On the Friday Mrs Bare ard oailed * " low blaokguard." — In cross-exami-nation Mrs Kane said she was not out on tie street on Sunday morning. She was not outside her fenoe till the evening of that day— Sirs Kane was cautioned by the Bench aoc2 reiterated her denial of previous witness's statements that she had been out on the street about six o'clock on Sunday morning —No rah Kane, daughter of the last witness said that on the Friday m question she heard Mrs Barnard call witness's mothor a low blackguard. Mrs Barnard said that she would compUin to Mr Kane, and Mrs Kane replied that she ought to go and live with him. Witness got np about half past five on Sunday morning. Ser mother we** oat abont half-past five but cot out on the road. Witness saw her after she went outside ; she was standing still, She stopped oat about ten minutes. Witness did not hear her say anything while outside. She oame la and never went oat till she went to mass about half past ten. If anyone swore that she was oatside the place at various times from five to eleven o'plook and making a great noise it Was untrue. Witness was In the bedroom In front of thd house* Ooald not hear if anyone called oat outside— W.W. White was recalled by the Oouri and stated that on Sunday the 23rd when Mrs Kano used the words attributed to her she was on the public footpath outside Mrs Barnard's gate. This was about a quarter to six and she remained there till about six. Witness saw her later on, about ten or eleven, coming home to her own house through the back of her section. — The Bench ordered & conviction to be entered up on the first .charge and inflicted a sentence of 14 days' jtsfprfsonmeot on the second. They added that tbej were distinctly of opinion -that $«rjary bad been committed by fthe aooased. She had sworn that she had not been outside her premises, but the .evidence o.f two or three witnesses went to show that she had been on the footpath .on the Sunday maralog. The Bench looked upon the crime of perjury es » very serious one and the polloe' would be Instructed to take action In the matter.— 'The cross Information against Mrs Bartjjard was dismissed, T.bj Coort (hen row,