MAGISTRATES' COURTS.

Globe, Volume I, Issue 21, 24 June 1874, Page 2

MAGISTRATES' COURTS.

CHRISTGHUKCH. 2 Wednesday, Junk 24. (Before G. C. Bowen, Esq., R.M.) i DRUNK AND DISORDERLY. Thomas Henderson, arrested by Constable Lamb for drunkenness, was fined lOsj or twenty-four hours; WIFE DESERTION. ' John Wm, Bottomore was arrested on the charge'of deserting his wife at Auckland. Chief Detective Feast stated that he saw the defendant outside the Court, and addressed him as Bottomore. Ho admitted that that was his name, and that he had lived on the Thames. He (witness) "told him there was a warrant out for his arrest on the charge of deserting his wife and family, who were living at present at the Thames. The warrant was at the depot, and would be sent for. Subsequently the Chief Detective stated that information had come, from Auckland that a warrant had been issued for defendant'? arrest, but he had discovered that it was still in Wellington. Defendant said he had no family, and had left the Thames to come here to seek employment. Ho had left his wife, as he could not live with her. He had no family, and would send her means when he got employment. Detective Feast mentioned that defendant was living here with another woman. His Worship said he would adjourn the case until that day week, defendant to enter into recognisances in the sum of £SO to appear then. ; • ' LARCENY. John Broughton, remanded the previous day on the charge of stealing a watch and chain in England, was again brought up. His Worship said that he had made up his mind to dismiss the case as it happened in England ; but he hoped it would be a warning to prisoner, as without a doubt he had feloniously appropria' - «.d the watch. He trusted that now he was starting life in this colony that he would accept this as a warning. The charge would he dismissed. [Sir Cracroft \yilson here joined his Worship on the Bench.! . WILFULLY, PLACING STONES ON A P iILWAY

. Noah Uzwera, a young East Indian boy, was charged, |on warrant with wilfully.placing stones oh the. Great Southern line of railway near Burnharh' station oh the 18th instants ~-. ... ~, •, .. , r ■ •<•. j Chief Detective Feast mentioned to, his Worship that only one of the witnesses was present in Court" (the porter, which the acting traffic manager had promised should be.there), though he. had,also spoken to Mr •Warren, told himit^oujd "i-be necessary that all the witnesses'should attend that morning.

His Worship said that whrath¥r£ilway authorities wanted to, Mosecute, and would not attend for that 'purpose; he did not know what t 6 do.' This gase. of placing atones qn a. railway..line 'wag,, a very serious charge, v and' ,v not v a;; sour ,} was ; from the railway to" l<i6k l after it. This was riot the first-time; that such a 'thing had-oc-curred, and.he represent the. matter to ther Government;'- 'Those parties would have to be subpoened the same as any body'else. It v was perfectly monstrous that on a charge of this sort the witnesses could, riot attend from the railway. Chief Detective Feast said'he would try and have the witnesses >ready in anihour, and his Worship adjourne'd the case for that itime.m :-••:]/,;■,•■ i>T M"."l : : »;. d M

Wheu the case. was again called, the following evidence was taken : :-r- . Detective Walker ; I arrested the boy thjs morning on the warrant produced. I went to Burnham and saw the , boy at his father's house. I asked. him why he put the stones on the railway, -and ho said he was only playing. I asked him what he went behind the gorse fence for to hide, and he said because he would like to see a good smash. I said how would you like your father to have been in the train, and he said that would have been bad.

•In reply to his Worship, the boy said that -he'-,was only playing, ma? wished"--to see a "smash;"

Sir Cracroft. Wilson-asked the boy if he knew-'what "-smauh " raelant, but he did not seem to understand the meaning of the word. Sir Cracroft then asked the father of the boy some ; questions in Hindostanee, whp replied that on that afternodn the boy was attending'to some cows while he went to the station with a load of stone, and the officer in charge of the railway station at Bu'rnham told -him' that the boy had been putting stones on the rails. He then accompanied the station-master to the place, and when he saw what the boy had been doing, he beat him. The boy was about six years of age. George Dome, engine-driver, examined, stated- 1 -When about a mile and a quarter coming from Dunsandel towards I saw stones on the line. I could not tell at first whether they were birds or not, but on nearing them I found they were large stones varying from twelve to fourteen inches in diameter. I at once slackened the speed. Before I shut off steam I was travelling at between thirty-five and forty miles an hont. I was travelling with the heavy engine, and the guard-irons on that engine aTe. laid across, and would throw small stones off the line. - '"■''

Benjamin Kenricka—l am porter employed at Burnham station. I was ordered to go up the line on that day until I came to within 100 yards of the nineteen and half mile post and saw some stones laid close on three-quarters of a chain on the line and also a pyramid of big stones built on each side of the line. I threw the stones off the line, and when the train passed, saw the boy behind the gorse fence, and asked him what he was doing on the line he replied, " Yes, me there, me won't do it again." If the stones had been left that position when the goods train came up, they would most likely have thrown the engine off. ; In reply to Sir Cracroft Wilson, the father of the boy again stated that he beat the' boy vei/ severely, immediately ?.ftfr he had.been told that he placed stones on the line. Sir Cracroft Wilson, at the request of his Worship asked the father what security, he could give that the boy would hot be guilty of this offence again. Ho replied 'in the metaphor of his language, "If he does, lam your victim." The witness also said that he was aware of the enormity of the offence, and that loss of life might have resulted. i In reply to his Worship (through Sir Cra« croft Wilson), The father of the lad said he would not only enter into a bond to pay £2O that the offence should not occur again ; but if it did, he (bis Worship) might also " hang him.'! The necessary bo-id was entered into, and the boy was discharged. j

' LYTTBLTON. 1. Tuesday, June 23. | Before W. Donald, Esq., R-M-l DRUNK AND DISORDERLY. William Dennythbrhe and Henrj Cassiday, arrested by Constable Graham, it being their first offence, were cautioned and dismissed. DAMAGE TO PRIVATE PROPERTY. WilliamJWoods, charged on the information of Mrs Fitzsimmons ; case was remanded for one week, the Bench advising defendant that he had best replace the things damaged or pay for them. . ". KAIAEOI. , - Monday, June 22. (.Before G. L, Mellish,.Esq., R.M.] ASSAULT. Edwin Clark and W. Eiby were-charged with assaulting a little boy natneftArtMir J. •Moore. A cross summons was heard charging A. J. Moore with behaving so as to provoke a breach of the peace.' Both cases were dismissed. - A case against the lad; Moore foi discharging fireworks was also dismissed, i CIVIL '.OASES. Malay v. T. H. Harrison : Mr Weir, attorney for the defendant, applied; for a rehearing, and, having stated his grounds, it was granted, the pase to- be re-heard next Cou/t----day. Clark v. Stevenson, claim £lolss 6dJfor fencing; paid into Court £2 12b, set off £4 4s 9d ; judgment for amount of £5 18s, party to pay hia own costs. ',', * ,

Tuesday, Juice 23. v ' [Before G. L. Mellisb, -Esq., 8.M., and J. ;i -,r; ,;, Birch, Esq.-] . h]r {j'. ASSAULT. . •.-,• George Gibbs, W, Edlin, and ,W. H. Walton, three lads, residing at, Woodend, were charged on the information of an old woman named Margaret Autill with assaulting her with atones, and injuring her;dwelling house. The case against Walton was withdrawn, there not being sufficient evidence against him. Inspector Barsham stated that on information reaching him he went to complainant's house at Woodend ;he found several stones inside, some of which he produced; three panes of. glass broken,, and ,th.e.complainant appeared to have been severely injur.ed. Her face was covered withblood,and her arms and other parts of her body were much contused,. ,' From what'' M™ savir and heard he arrested the accused on warrant. Margaret'An till stated that,, at 6 p.m., on the 13th, ahe Was sitting by the fire,, when, hearing a rattle in the verandah, ,she went out to go to a back shed, When a shower of stones fell oh to the roof, and' others hit her .on the arms, headj and other parts of. the body. She heard and'saw'seVeral bojX i fan a way, but could not swear to them. She was not able to leave the house nest day, from the injuries received from the stones. When she was able to go out, she went to Mrs Murchie's, and hearing laughing in the house, listened, when she heard• JBflltn Baying he "thought they had done for Mother Antill this time." She.taxed him.with being at the house.on [tftii, wfcenhe;said, ";if yoiithink«o,Bumf#on me." , xusi o,y,H)'i r/i j. AYJ) .<"».-i To Gibbs—You. have thrown stones on previous occasions? •..-.. pea vj .. "'' To Edlinr-Iflwear thatlbelieyeyou were ramong, the other boys?;.) nU noVjd ,tfqiri!b W. H. Walton, a lad whp ;;was, with, the accused,.,, said. .Gibbs and some other boys called at their house for him. He wjeht with ihemv cOpposite Mrs Antill's they got a slip rail out of the fence, and; he 'saw Edlin throw it under "her, verandah). Gibbs and witness went away across - a-paddock, where they waited some time for the others. During this time witness lieafttstones thrown at Mrs Antill's house, and some of them came up and said they had been.throwing stones. Gibbs admitted that Walton's statement was correct.

Edlin confessed that he. helped tq : get .the rail loose and throw it under the verandah, he also threw stones. About three. dozen, pi so'were thrown.' ' . ' ' , . .'»■ ' The Bench administered a /severe caution toGibbs and dismissed him, ! they liad cohcluded to send Edlin for'trial as, in addition to imprisonment, he would probably be sentenced to lashes, but 1 ultimately sentenced him to two months' imprisonment with herd labor.