MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 2185, 29 July 1889, Page 2

MAGISTERIAL.

ASHBURTON— MONDAY. (Before Mr D. Thom*a J.P., «od Mr Bees J P.) PROHIBITION ORDER A prohibition order was loaned against James Lemon, to b»ve ffif^ob tbrougboni* the boroogh and coanty of Aehbar ?n.

ASSAFLT

Charles Smlthel. was ohugad wMi having assaulted his wife; Mr Purnell appeared for the aoau^ed. Mrs Smlthel declined to give evidence against her husband, and under these olrcacoa'anoes tin polfoa said they oouM no', go on with the case. The Bouoh a»kod If the polioo had any ovldenoo of their own to give. Sergeant Folton uald they ooald testify a< to the state of the woman, bat ooald give I no evldenoa as to the assault, as they Aid not ajo it, —Mr Parm II uald n i Informttloa had been laid and the case ooald not proceed Se^eaot Filton said thtfc he had not thought It neoes?ary to l^y %n Information, becp^ue m the faoe of the refosal of M>* Smithel to give evidence, he did not think It was any nae In going on with the o;se The Benoh might o^otlnn the accused who was drank when arrested, although here wai a prohibition order agalnsT him. The woman was turned oat alaaoat In » Btate of r nil y.— The Bench sold that noder tha ot.oarautanoeß the ooald do nothing bat dismiss the oaee, bat at the last hearing they had heard o&ffio'ent evlelenoe to oonvlnoe them that a moit ar.ju,t,ifiabl« assault had beio <nmml-ted. They wished to oaution th ' acoused as to his fulure behavior, and they warned him, that as there wag a prohibition order against him if he came up on a charge of drunkenness he might possibly b^ very severely punished. OBSTRUCTING A CONSTABLE. Leooa'd Price was charged with having assaulted and wilfully obit noted ConstableFitzgerald m th« exeoation of his duty om December 24, 1887 —Mr Cuthbertsoa ap. p«ared fo- thejaoo Bed— Sergeant Felton a iid the oftVoo ocourred nearly two years asro, a> d >oou ed oleared'oul aft r its oommUtal. Re w aid, after leading aomo evid nee, have o apply for un adjoumment m otfer te*pi'odu^e two witnesses. He would apply to have the oharge of assault withdrawn ns it was not a isrioai one, the case r> solving itself into an obstruction of a constable — M r Outhbertaoa objected to an adjournment. Theolroam* stances were not as stated Hy the polios, because P'loa did no: loave A*hbarton foe a week after the ooourrenoe, and had been baok at Intervals alnoc— The following evidence was called : — Constable Fi uperald said that ab ut midnight on Deo. 24 h, 1887, a dlst irbaooo was going on m the yard of the Ooram^roUl hotel, m which a brothe* of the aoouaed and another man were oonoerned Witness was arresting the mon when aooasod otaght h'm by the neck a-<d th ew him d iwn, allowing: the men to got »way — G. Neil saw the disturbance. *m f did not see aaomed there, — Serg^ar.t Felton applied for an adjournment of eight dy i He taid It wai likely he wouM have to apply for a farther adjournment. — Mr Outhbertaon opposed tha adjournment being granted, but after some argument the Benoh allowed It, aosused being releansd on his own reoognizinoes to appeir at the adjourned, hearing.

BRUKKBNNKBS. For having been drnnk while In olt«rge> of • h ria a fir«t ofiF rdo waa fin d BGa» The o>n * a^ '"«•