AKAROA RESIDENT MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume 3, Issue 212, 30 July 1878, Page 2

AKAROA RESIDENT MAGISTRATE'S COURT.

Friday, July 26.-, (Before Justin Ayhner, Esq., R.M.) cattle trespass.

E. Ditely was charged with this offence. His Worship said that as there was some doubt in his mind as to the evidence, he would dismiss the case, but cautioned the defendant to take better care of his cattle in future.

Civil Cases.

Thomas v Thomas.—ln this case, which was adjourned from Tuesday last, judgment was given for the plaintiff. Davis v. Teague.—Claim, £2 6s. Mr Nalder appeared for defendant. It appeared that the defendant paid the plaintiff an account by giving him an order on a Mrs Brough, receiving from the plaintiff a receipt for such payment. The order, however, on presentation, was not honored, and the plaintiff now sued for the amount of the account, £2 6s. Mr Nalder contended that Mr Davis, having taken the order in full satisfaction of his claim, the matter was out of Mr Teague's hands, and that the order should be sued on, and if necessary, the defendant's evidence adduced to prove the claim. The Bench -gave judgment for the plaintiff, as the order had not been paid on presentation. The Court then adjourned.

Monday, July 29.

(Before Justin Aylmer Esq., R.M., and His Worship the Mayor.) LARCENY PROM A GARDEN.

Thomas Allan and John Mander were charged with stealing cabbages from the Chinamen's garden, in Lavaud street. Sergeant Ramsay gave evidence to the effect that, having heard numerous complaints from the Chinamen of depredations being committed in their garden, he secreted himself there on Saturday night last. About a quarter past he heard a noise, and rushing out recognized prisoner Allan. He had a knife in his hand, and two or three cut cabbages were found in the neighborhood. Allan at first tried to get away, but finding who his antagonist was, wisely succumbed to circumstances. On the way to the lock-up he explained that being desirous of procuring a few cabbages for his Sunday's dinner,

and not being able to arouse the Chinamenhe was taking some with the intention of paying for them.

Constable Ruffle had also been in ambush in the garden. He distinctly heard Allan cutting cabbages. He arrested Mander, who, in trying to get away, fell into a ditch. Where he fell a cabbage was found. He returned to the garden and found other cabbages cut. Ah Tai, who was sworn by blowing out a match, said he had lost " plenty cabbage." especially on Saturday nights. He had not cut any cabbages and left them in the garden on Saturday. On being called on for his defence, Allan spun a highly improbable yarn to the effect that he had taken his way through the garden as a " short cut." He was coming" from Bayley's and going up somewhere to " borrow a hammer."

Mander followed his partner's lead.

The Bench sentenced both prisoners to one month's imprisonment with hard labor in Lyttelton Gaol. The Court then adjourned.