MAGISTRATES' COURTS.

Globe, Volume I, Issue 8, 9 June 1874, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Tuesday, June 9. [Before C. C. Bowen, Esq, R.M., G. L. Lee, and H. J. Tancred, Esqs., J.Ps.' DRUNK AND DISORDERLY. Charles Brown, arrested by constable Mitchell, was fined 10s, or twenty-four hours. BREACH OF PUBLIC HOUSE ORDINANCE. Caroline Morgan was charged on summons with selling drink during prohibited hours on Sunday, 19th April, in her licensed house, the Papanui Hotel. Mr Joynt appeared for the defendant. Inspector Buckley called Wm Owen, who stated that he lived at Papanui, and had been boarding on and off with Mrs Morgan for twelve months. He was at present boarding with a Mrs Shand, at Papanui, and was sent to Mrs Morgan's on some day for a bottle of rum. He did not remember the day of the wee* or month. He got the bottle of rum by asking Mrs Morgan for it as a favor. The favor was granted him through his having lived in the house. He did not know why it should have been a favor to get it. He paid for the rum and took it to Mra Shand's. During the evening of the same day he saw a boy named Ford at Mrs Shand's. He couldn't say how long ago this was ; it might be six or seven months. Mrs Shand's house is six or seven chains from Mrs Morgan's. John Ford stated that he lived at Papanui, and knew Mrs Shand's house at Papanui. Remembered seeing the last witness at Mrs Shand's on Friday, 19th April. He had a drop of rum there that day. It was on the table in a bottle. Mr Shand asked him to have it. On that day there was a cousin of Mr Shand's in the house.

To the Bench—l am sixteen years of age. I was not in Mrs Morgan's hotel on that day. Elizabeth Ford—Was mother of last witness. Had been told that Mrs Morgan had sold drink on a Sunday, but did not know personally that she had done so. By Mr Joynt—l did not tell the police that I knew Mrs Morgan had sold the drink, but I believe Mra Morgan has said that I did.

Mr Joynt submitted that the information for selling drink during prohibited hours had not been proved. He was now free to say that this was merely persecution, and he believed that if he took the trouble he could trace it to the other house in the district. He did not wish to turn informer, but he believed that if he exercised sufficient espionage he could prove more serious charges against Mr Wild's house than Mrs Morgan's, even if she had sold drink on a Sunday, but he respectfully submitted that even this had not been proved. His Worship said the bench were of the opinion that this charge was too vague, and had occurred too long ago. It would be dismissed. LICENSING COURT. (Adjourned sitting.) Tuesday, June 9. [Before C. C. Bowen, Esq., R.M., Chairman ; and H. J. Tancred, R. J. S. Harman, and G. L. Lee, Esqs., Commissioners.] The adjourned application of Caroline Morgan for a license for the Papanui Hotel, Papanui, was called. Mr Joynt appeared in support of the application. With reference to some complaints that had been Made against Mrs Morgan, the followiug witnesses were called : Mrs Jesson, who stated that her husband was away from home three nights, but she believed be only stayed at Mrs Morgan's two nights. She had gone to Mrs Morgan's to ask that he might not be served with drink, nor be encouraged to stay there. John Jesson stated that he stopped two nights at Mrs Morgan's ; he was not drinking, and knew what he was doing. He did not recollect his wife having asked Mrs Morgan not to supply him with drink. By Mr Joynt—l slept at Mrs Morgan's on Monday and Tuesday evenings. Why I stayed on Tuesday night was that I was going into town on the Wednesday morning, and I would be so much of mj way on the road. It was Alfred Morgan that showed me to my bed on Tuesday night. Mrs Craw stated that she had heard that her husband had been drinking at Mrs Morgan's, but she did not know it herself. Her husband had come home one day the worse for drink, and he had told her that he was at Mrs Morgan's. She had spoken to Mrs Morgan about it, and Mrs Morgan thought that she had been doing him a good turn in taking him in. By Mr Joynt—-That was on the same occasion that he broke out and was bound over to keep the peace. George Craw stated he got drink on several occasions at Mrs Morgan's, but could not remember this occasion alluded to. John Craw, nephew of last witness, remembered himself and uncle driving to the Papanui Hotel one day, and his uncle got down off the trap and brought out a bottle of spirits. He was not much the worse for liquor at the time. He went that day to get some drink at the Sawyers' Arms, but could not get it. Did not know why.

By Mr Joynt—l was in the cart all the time. Ido not know that Wild and my uncle are the worst of friends.

His Worship said that in this case there had been two questions to consider ; one as to whether a second license was required in the district, and the other as to the conduct of this house, having regard to the complaints made against it. With regard to these complaints there had not been sufficient evidence to warrant a conviction, or to prevent the license being granted ; but he must say that the Court were not all satisfied as to the conduct of the house. Very great difficulty was experienced in obtaining evidence in a case of this sort, as it was a great hardship for women to come forward to prove that drink had been supplied to their husbands. The Court would grant a license to the house for this year, but it must be strictly and carefully conducted, and the Court would take into consideration whether a license would be granted another year. He would not advise the applicant to go to any expense in connection with her house as he would not UKdertake to say that a license would be granted next year. License granted. The Court then adjourned sine die.

LTTTELTON. Tuesday, June 9. [Before W. Donald, Esq., R.M.] REFUSAL OF DUTY. William Arthur, AB on board the barque Mary Ann Annison, was charged with this offence. Mr H. N. Nalder appeared for Captain Hughes. Prosecutor stated that the prisoner refused to turn to work when ordered that morning by the chief officer. Bench gave the prisoner the alternative of returning to his work, or one week's imprisonment and hard labor. Accused preferred the latter, and was sent to prison, KAIAPOI. Monday, June 8. [Before G. L. Mellish, Esq., R.M.| SLAUGHTERHOUSE ORDINANCE. Licenses were granted to R. Belcher, J. Marshall, J. Fisher, and J. Gibbs. BREACH OF POLICE ORDINANCE. Henry Dickinson was charged with riding on a dray on May 21st without reins to his horses. Admitted. The accused's excuse being that his horses were old and quiet. Fined 10s and costs. B. Pack wood was charged that on 2nd June he was so far from his horses and dray in motion as not to have control over them. Admitted. Accused's excuse being that they were quiet, but one of them rubbed the blinkers off and ran away. Fined 10s and costs. CATTLE TRESPASS. The following persons were fined 5s each and costs for allowing cattle to wander at large :—T. Drabble, 6 head cattle ;R. Wilson, 1 horse; G. Edmonds, 1 cow; J. Sims, 2 horses ; Mary Dale, 2 horses. CIVIL CASES. Price Bros v Shirley Gow. Claim, £l3 4s lOd ; no appearance of defendant, judgment for plaintiff for amount and costs. Johnny Malay v T. H. Harrison.—Claim £59 4s, wages. Mr Joynt for plaintiff. Defendant represented by his agent Mr A. Weir. Judgment for plaintiff for amount and costs. Hutchinson and Co v W. Wright. —No appearance. R. H. Nicholson v W. Morris Claim- £8 for moiety of division fence. Mr Thomas for plaintiff. It [appeared that the fence had been made before defendant bought his land. In consequence of it not being a legal fence, judgment was given for defendant. R. H. Nicholson v E. J. Pateman, claim £7 17s 6d. This was similar to last case, and withdrawn, defendant and a witness being allowed each 10s expenses, which were handed to the poor-box. G. H. Wearing v L. Cochrane, claim £7 10s 9d and costs on a judgment summons. Defendant said he had not been able to meet the claim ; he had an allowance from home of £4 a week, and would pay at so much per week. There were alreadj two orders against him. Order made for amount to be paid at the rate of £1 per week, or in default eight weeks' imprisonment. Harvey v Taylor; no appearance. J. Beswick v H. J. Wood, claim £24 17s 6d; judgment for plaintiff by consent for amount and costs 17s. R. Hopkins y H. J: Wood, claim £46 2s 4d ; judgment for '< plaintiff for amount and costs. Birch and Co. v O'Callaghan Bros, claim £6 16s 6d. i The bailiff stated that T. R. O'Callaghan, j who was since killed, had accepted service of both summonses on behalf of the brothers. Adjourned till July 6th, for service to be made on the other brother. Birch and Co. vG. McCandlish, claim £3 10s ; no appearance of defendant. Plaintiff said a letter had been sent stating the debt was paid to his agent, but he had not been informed by his agent to that effect. Judgment for plaintiff for amount and costs. Birch and Co vJ. Alexander ; claim £7 10s. No appearance of defendant ; judgment for plaintiff for amount and costs 13s. B. Packwood v H. J. Wood ; claim £2 for carting. No appearance of defendant ; judgment for plaintiff for amount and costs. W. Weston vW. Hammett; claim £42 10s for breach of agreement. Mr Joynt for plaintiff, Mr Thomas for defendant. Judgment for defendant with costs.