AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume I, Issue 53, 19 January 1877, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Tuesday, January 16,1877

[Before J. Ayliuer, Esq., and His Worship the Mayor.] BREACHES OF THE TRESPASS ORDINANCE.

J. Waeckerle was charged on the information of Constable Ruffle with permitting a heifer to wander at large on the 6th inst. There was no appearance of defendant, and the Bench fined him 5s and costs of Court. FURIOUS RIDING. A. Libeau was charged with furious riding in the public streets on the 26th December, and pleaded " Not guilty." W. Wood deposed that he did not see defendant on horseback, but Mrs. Haines had informed him that ho (defendant) had ridden against her and nearly knocked her down. Libeau was dismounted when he (witness) came up. The Bench had no doubt thatLibeau was guilty, but as the evidence was insufficient he would be dismissed. SHADBOLT V. F. LIBEAU. Judgment was reserved in this case from previous Court day. The Bench decided to dismiss the case, as the chief claim for damage arose out of the loss of a cow between the 21st and 24th November. Since that date there had been a settlement between Shadbolt and Libeau, the plaintiff thereby condoning the offence. If Mr. Shadbolt had found that his servants were not working , properly, he should have dismissed them without wages. There had been great reglect shown on Libeau's part, and it Avas evident that his wife was not fulfilling her part of the agreement by declining to work about the dairy. Mr. Shadbolt had taken: the wrong course. He should have dismissed them on the spot, without their wages. The Bench strongly recommended defendant's wife to pay a little more attention to her duties. ■THOMPSdN AND OTHER'S V. m'gREGOR. This was a judgment summons to show cause why a verdict amounting to £30 had not been satisfied. Mr. Bushell applied for an adjournment of the case, as defendant was absent in Ghristchurch. The case was adjourned till Friday, the 18th inst. SAME V. HEWER. This was a judgment summons calling upon defendant to show cause k why a verdict of £11 18s Id had not been satisfied. The verdict, owing to various Court charges, had increased ito £14 0s Id. Defendant said that he was in receipt of a pension of £50 a year, and was endeavoring to realise upon it. He could make no offer at the present time, as he had to provide for several judgments, but if he succeeded in selling his annuity he would be able to pay it at once. The Beilch adjourned the case for one month, to allow of a settlement between the parties concerned.

HARTLEY V. HEWEB. To recover the sum of £10 9s lOd, being amount due on a dishonoured promissorynote. Judgment, by consent, for amount, with costs of Court. WAECKERLE V. CARR. To recover the sum of £5 12s for horse hire. The sum of £2 10s had been paid into Court. No appearance of defendant. Plaintiff deposed that he had hired a horse to Dr. Carr for a stated period for the sum of £2 10s. The horse was not returned within the time, and he charged 8s per day over the time named that the horse was absent. Judgment by defaultf or amount claimed, with costs. OBTAINING MONEY UNDER FALSE PRETENCESJohn Stuart was charged on the information of Walter Ashton with unlawfully obtaining money and goods to the amount of £16 ss, with intent to cheat and defraud prosecutor. George Lamb, a constable, residing at the Head of the Bay, deposed—On the 6th inst., from information received, I proceeded to the Pigeon Bay Hotel, where I arrested the prisoner on the charge named in the information. Prisoner was perfectly sensible, and asked if the cheques had been presented. Cross-examined by prisoner.—You were not drunk. I arrested you in the bar parlor, and not in front of the bar. I found no money on you. Prisoner—Strange that I should have obtained so much money, and none got on my person. Amelia Ashton, wife of W. Ashton, deposed.—l know the prisoner John Stuart. He was at our place on the 3rd of January last. My husband left per steamer for Lyttelton on that day. After his departure prisoner came to me and asked for a pound, adding that he had given Mr. Ashton an order upon the Bank of New Zealand to bring him £60. I asked prisoner if he had instructions from Mr. Ashton to obtain the money from me, and he replied he had permission to ask for an advance up to £20, which amount was to be deducted from the order he had given Mr. Ashton. Prisoner further remarked that he was a member of the firm of Miles & Co., Christchurch, and that I need not be afraid of the" money. He said that he had changed his clothes with a man, in order that he should not be recognised. Prisoner obtained bottles of grog and cash from me to the value of £19 Is. Ido not know how much cash I gave him. The memo, (produced) was taken from the book. The prisoner received the money in single pounds. I paid him the first instalment on Wednesday, the 3rd January, and the last on Friday afternoon, the sth. The reason which induced me to supply the prisoner with bottles of grog and cash was on the strength of the statement he made being a member of the firm of Miles, Hassal, and Co., and that he had Mr. Ashton's consent.

Cross-examined by prisoner.—You stopped at our place on Tuesday night, and I believe you paid Mr. Ashton for all you had. There were a number of persons standing in the bar when you entered the hotel. Mr. Ashton, before leaving, instructed me to give you a few shillings "tick" for meals if you required it. I first gave you a pound cash, which you spent in drink, and it was not very long before I gave you another pound. There were a number of men with you. You got buckets of beer and several bottles of whisky, which you served out to them. I do not think more than two hours intervened between the time I advanced you the first and third pound.

By the Bench. —I could not say how much prisoner spent on the first-day, it is in the book.

Cross-examined by prisoner.—You obtained four bottles first day, and spent £4.10 a cash. You took two bottles upstairs going to bed. I was not in the bar the whole of the evening. You were sober when you retired to bed. The second morning I cannot say how much I gave you. I did not see you playing Yankee grab with the stableman. There was a raffle in the evening. On the second daj r yon got buckets of beer, and £6 15s cash, making in all for the two days £11 ss. You were sober going to bed that night. I came into the room, where you were playing cards, about 11 o'clock, and requested you all to go- to bed. My sister, who was on a visit, did not take any money to you. Mr. Ashton returned home on Friday, about 2 p.m. You had £5 on that day. Walter Ashton deposed.—l am licensee of the Pigeon Bay Hotel. I know the prisoner. He was at my place on the 3rd inst. I left Pigeon Bay by steamer for Lyttelton on that day. I saw prisoner just as I was leaving. He asked me if I would let him have a little credit, as he was going to work at Pigeon Bay on grass seed. I gave him 7s in cash, and told Mrs. Ashton to give him "tick" for his board till I came back, which was to include meals, but no drink. Before I left Pigeon Bay, prisoner gave me neither order nor cheque for £60. I returned from Lyttelton on Friday, the sth. Mrs. Ashton asked me if prisoner had given me an order for £60, as she wished me to deduct-£2O she had advanced to him. I at once made out prisoner's bill. I found him in Hay's paddock, and asked him how he came to obtain money without my consent. He replied that the money was all right, and if I would give him a blank cheque he would fill it up for the amount. I gave him a cheque, and. saw him fill it up. The cheque produced is for £25. The prisoner was not drunk when he gave me the cheque. I made a remark to him that no Bank would cash a cheque \vith such a signature. [The letters of the signature were like so many hieroglyphics]. He said if that signature would not do he would write it on the back.

The Bench.—And yet you say the man was sober.

Witness continued. —Next morning I requested prisoner to make out another cheque (produced) for the sum of £25. The first cheque was issued on the Bank of New Zealand, and the second on the Union Bank. I drew prisoner's attention to the f actthatjthejeheques had been drawn on different banks. He said that would make no difference, as he had put a mark on it [the mark was like a Chinese character], which would render it transferable from one bank to another. I have not presented the cheque to either of the Banks, as prisoner confessed that they were valueless, but on his arrest he held that they were good. Cross-examined by prisoner.—When I returned I could see that you had spent all the; money without asking. You were treating three or four men in Hay's paddock with whisky when I came up to you.

You were sensible at the time. You asked me fill up the body of the cheque for you, which request I complied with. The reason why I made out the cheque for £25, although you were only indebted £19 Is., was because you wanted the balance in cash, which I declined to give you. Prisoner.—Strange that you should accept cheque for £25, when I was indebted £19 Is. Witness continued.—You had more drink. I did not wish to hunt you away till I had some means of securing you. You were quite sobfer that night ; .; •V^ Prisoner—lt appears I was sober in all my transactions. Witness continued.—You had drinks nest morning, but I could not say whether you had money. You had 10s. cash on the Bth (Saturday). The reason why I asked you to sign the second cheque was because the first was not plain. By the Bench.—The reason I gave him 10s was, so that I could find some means of securing him. When prisoner was arrested I handed the cheques to Constable Lamb. I desire that portion of my evidence to be corrected where I stated that I was not sure whether I gave him money on Saturday. I handed him 10s. George Lamb, re-called.—When I arrested prisoner he said the cheques were good, but, after lodging him in the lock-up he admitted having no account at any of the banks.

The Bench, after cautioning prisoner ia the usual way, asked him if he had anything to say. The prisoner reserved his defence. The Bench committed prisoner to take his trial at the next sittings of the Supreme Court to be held in Christchurch. The evidence disclosed a state of things not at all creditable to the conductors of the house at Pigeon Bay. Instead of the place being a convenience to travellers, it was converted into what was called in the old days a "Lambing-down establishment." The Bench would make it its business to lay the whole matter before the Licensing Court.

The prisoner.—l would like to procure a statement of the condition I was in when I was arrested.

The Bench.—That is too well known. You can subpeenae a witness. The Court then adjourned.