MAGISTRATES’ COURTS.

Globe, Volume I, Issue 40, 16 July 1874, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH, Thursday, July 16: [Before C. C, Bowen, Esq., R.M.] DRUNK AND CREATING A DISTURBANCE. James Wylie, for being drunk and creating a disturbance in Tuam street, was fined 20s, or forty-eight hours. BREACH OF CITY BYE-LAWS. George Osborne, for tethering a pony in .Salisbury street, was fined 5s ; Stephen Murphy, for tethering a cow on the New' Brighton road, in Bingsland, was fined 10s. James Spcnslcy, for causing an obstruction in Cashel street, by allowing two cows to remain thereon, was fined 10s. Wm Mullen, for driving a dray and two horses without having sufficient reins, was fined 10s. Wm Clark, for a similar offence, was fined 10s. H. Fuhrmann was summoned for allowing offensive liquid to flow on to the footpath from his premises in Cathedral square. The Inspector of Nuisances proved the offence, and stated that he asked the defendant to abate the nuisance, but he would not, and was rather impertinent when he last called on him. Fined 20s. BREACH OF POLICE ORDINANCE. George Pocock was charged, on summons, for encumbering Bain’s road, near Kowai Pass, by allowing a harrow to remain thereon. Sergeant Burtenshaw proved the offence, Fined 10s. ABUSIVE AND THREATENING LANGUAGE. Andrew Donoghue was summoned for using abusive and threatening language in Montreal street. Mrs Butterworth, gatekeeper at the Montreal street railway crossing, stated that on the morning of the 30th of June she had closed the gates to allow the 7 a.m. train to pass, and defendant wished her to open them to allow him to cross with his horse and dray, and because she would not do so—as there was not sufficient time—he used very violent and improper language. Had she opened the gates at the time she would have had to stop the train. A witness named Turnbull saw the defendant driving towards the gates, and when be reached them he (witness) heard very high words. The defendant stated that he had been kept unnecessarily long waiting, and had threatened that he would report the gatekeeper to the Government. His Worship told defendant that even supposing he had a grievance he should have adopted another course, and not used abusive language. He would be fined 10s and expense of witness. BREACH OF PUBLIC HOUSE ORDINANCE. Jacob S. Wagner was summoned for selling drink during prohibited hours, and keeping his house open during same, to wit, on Sunday, sth July. Mr Thomas appeared for defendant, Constable Hughes slated that, on Sunday evening the sth July, he saw two men going up the right-of-way to defendants’ house. After waiting a few moments, he went up the passage and opened the door leading into the bar. It was lighted up and Mrs Wagner was in the bar, one of the men had a glass inhis handand the other two, half pints before them. The men were named George Brown, Joseph Nicklou, and Daniel McLean. By Mr Thomas—lt may be necessary to keep this door open on Sunday. The door leads to a public urinal. I did not see the men served with drink, but one of them had a glass in his hand. There was plenty of time to have served them from the time they went in to the bar until I followed, Joseph Nicklou stated that on that Sunday he was not well, and asked Mrs Wagner to oblige him by letting him have a glass of brandy. To the Bench—The other men were not unwell, and I think they each had half a pint of beer though he thought they didn’t drink it. [Laughter.] By Mr Thomas—l did state to Mrs Wagner that I was under the doctor’s hands, and said that a little brandy would do me good. George Brown gave similar evidence, and acknowledged having got half pint of beer on that day, though he didn’t drink it. Mr Thomas thought after that evidence it was useless to deny the offence ; but he was instructed that Mrs Wagner had opened the beer solely on the representation of Nicklon who stated that he was unwell. Fined £5. BREACH OF PROTECTION TO ANIMALS ACT. James Stewart and Donald Stewart were charged on summons with trespassing on Templar’s Island on the„lothffuly with guns in pursuit of game. A son of Mr Chisnall, who occupies this land, deposed to seeing defendants trespassing on the day stated. Each of them had a gun. He spoke to them twice, but the first time he did say that ho did not know whether it was his father’s land they were on. The defendants called Mr Belcher, who stated that he gave defendants permission to have a day’s rabbit shooting on his property. He told them where his boundary ran to. Defendants said they did not think they were trespassing on Mr Chisuall’s property. His Worship said from the evidence he did not think there had been a wilful trespass though defendants had committed a trespass, lie was deluged with complaints about persons trespassing in pursuit of rabbits, and persons trespassing left themselves open to a fine of £2O. Defendants would each be fined 10s. VIOLENT ASSAULT. Thomas Lawrence and Mary Lawrence, husband and wife, living on the Ferry road, were each charged with having violently beaten on two occasions, Charles Lawrence step-son to one of the defendants. Mr J. S. Williams appeared for the defendants. Marj Smith stated that on the 27th June she heard the screams of the boy and she and a neighbor saw Mrs Lawrence chase the boy about the yard with a piece of wood and strike him violently. On the 9th July she saw Mr Lawrence kick the boy in the yard. She had often seen boys bring this boy bread, and after eating it he would wipe his mouth before going inside, and she had seen the little follow blowing his hands of a morning to keep them warm. He w T as made a slave to the other portion of the family.

By Mr Williams—Remember seeing Mr Lawrence kicking the boy on the Sunday, 7th June, in the yard. It was between eleven and twelve o’clock, and when Mrs Lawrence got the boy into the house that night, she “ hammered ” him, so that we could hear it at Mrs Bares’ place.

Mrs Eares stated that she lived near defendant’s place. On the 27th of last month she heard the' boy crying. She saw Mrs Lawrence beat the boy, but no more than she (witness) would have beaten her own children. She believed the boy wanted correction. To the Bench—Mrs Smith did ask me one day whether I had seen Mrs Laurence beat the boy. Mrs Laurence called me in and showed mo the clothes the boy had taken off, and they were disgraceful for so big a boy. Sergeant Wilson stated that from complaints made to him, he went down to the Ferry road and made enquiries. Mrs Eares was very reluctant in giving information, and said she would say what she had to say when she came to the Court; but Mrs Eares did say that it made her blood run cold at the way the boy was treated. The boy pulled up his trousers and showed him (the sergeant) his knee, which was bruised, as if from a kick. The boy took off some of his clothes, and bore marks, which, however, might not have been caused by beating. The boy told him he would like to go away from home, Mrs Eares, re-called by his Worship, admitted having made use of the expression stated by Sergeant Wilson. She had seen the boy beaten harder than what he should have been. Charles Lawrence, fourteen years old, stated that he had told the sergeant that he would like to leave home. He had not been kicked by his father, but he had beaten him with his hand ; and his mother beat him with a cane. His father and mother had often kept him without food. On one occasion he went to a neighbor named Mrs Wicks, and asked for food, Mr Williams handed in a letter to show that the boy regularly attended school, and called two elder brothers of complainant, who stated that he (complainant) was not badly treated. He sat at the same table as they did, and had as much foo 1 as he wanted. He (complainant) had gone to some of the neighbors for food, but had no occasion to do so. He had been beaten by their mother, but only with a cane rod and her hand. Mr Williams said that if his Worship wanted evidence of the complaint the boy was suffering from he might be able to obtain the evidence of Dr Powell, who had attended him. His Worship : “All the greater reason why he should have been well treated.” Mrs Lawrence said that because she was not the mother of the boy, the neighbours had stated that when she was correcting him as any mother would have done, she was said to be ill treating him. She had never illused the boy, and he was a very rude and required correction. The boy had been in the orphanage before she became hia stepmother. His Worship said he would adjourn the case for a week, as he wished to give the matter his fullest consideration. He could not forget that a conviction had been obtained against one of the defendants in ;the case of one of the other boys. He should like to have further evidence if it could be obtained, which might possibly throw more light on the matter. Adjourned for a week. neglecting to keep lamp burning. Margaret McKay, for neglecting to keep a lamp lighted over her licensed house on the night of the 30th June, was fined 10s. ILLEGi LLY RESCUING CATTLE. James Corbett was charged with illegally rescuing eleven head of cattle, which were being driven to a pound. Mr Thomas appeared for defendant, Mr C. E. D. Malthas stated that on that day he was driving the cattle to the pound from off the road, when defendant rescued them, and also threatened him with a whip. In cross-examination this witness admitted that shortly before this occurred he had an altercation with defendant. They were on the road for an hour and a half before he started to drive them. Mr Thomas called Mr Corbett sen, who stated that he had driven the calves on the road before him with the intention of putting them into a paddock. He had only left them for about ten minutes when Mr Malthus started to drive them to the pound. A cross-summons between these parties for abusive and threatening language arising out of the pounding case was then called, his worship deferring his decision until the evidence in this case was heard. After the complainant had given his evidence his Worship said that no doubt the seizure of the cattle had been illegal, but Mr Malthus had acted somewhat hastily in driving the cattle to the pound immediately after the altercation. An illegal act had been committed by both parties, which had however arisen out of ’ the rescue. The defendants’ would be fined 5s in each case. RAILWAY OFFENCES ACT. Samuel Lemon was charged with assaulting and obstructing the station master at Addington ; with using abusive and threatening language to the same official, and also with attempting to enter a railway carriage while the train was in motion. Mr Garrick, who appeared for the defendant, said he was instructed by him to admit the charges ; he was suffering at the time from extreme irritation, and deeply regretted having been guilty of the conduct he was charged with. Fine 20s in each case, or £3 in all. SLAUGHTER-HOUSE LICENSES, The following applications for renewal of slaughter-house licenses were granted—. John Roundtree, section HOT, .Shirley district. Mjircroftand Ayers, Lincoln road. Struau Robertson, farmer, Hoon Hay, LYTTELTON. Tuesday, July 14. [Before W. Donald, Esq., R.M.] BREACH OF PRISON REGULATIONS. John Whiteside was charged with this offence. It appeared from the evidence that the accused loitered near to the prisoners employed at excavating the earth on the Sumner road, and afterwards threw them a piece of tobacco. The accused said he did not kuow he was doing wrong; he had only arrived in the ship Varnna. The Bench, after administering a severe caution, let the accused go. KEEPING A BROTHEL. Mrs Anr Connor was charged with this offence. The evidence of tbe sergeant-major of police, constable Wallace, and the neighbours fully proved the offence. Accused, against whom there were several convictions, was sentenced to two months’ imprisonment with hard labour. I

BREACH OF THE PUBLIC HOUSE ORDINANCE. Thomas Bailey, of the Canterbury Hotel, was charged with this offence. Mr H. N. Nalder appeared for the defence. The Bench, after hearing the evidence and rebutting tea* timony, dismissed the case. Wednesday, July 15. DRUNKENNESS. David Strickland, arrested by Constable Wallace, charged with this offence, was fined 5s or in default 48 hours. William Walters, also arrested by Constable Wallace, charged with a similar offence, was fined 6s. ASSAULT, Jesse Taylor was charged by William Cumbers, with having violently assaulted him. yesterday afternoon. The complainant appeared in Court with his face very much bruised, and the Bench after hearing the evidence of the complainant and Constable McGorman, fined the defendant 20s and costs ss. RANGIORA. Tuesday, July 13. (Before G. L. Mellish, Esq., R.M., J. Crosby, and A. H. Cunningham, Esqs.) VACCINATION. James Purvis was charged on the information of Mr Cunningham, deputy registrar of births, &c., with having neglected to register the vaccination of his child. The prosecutor stated he brought the case forward simply as a warning to others that the law would be enforced. The Bench dismissed the case, accused to pay costs. SUFFERING FROM DRINK. Evidence was given by Drs Downs and Burrows that F. Lilly was suffering from ddvrium tremens, and should be removed to the hospital for treatment. The accused, who was evidently in the condition described, was ordered to be transferred to the Christchurch Hospital for eight days. CIVIL CASES. J. Crosby v John Day ; claim, 14s. Defendant did not appear; judgment for plaintiff, Taylor v Reeves ;no appearance. J. Crosby vG. Day : claim, £1 18s. Judgment for plaintiff. fc>. Davis vA. Watson ; claim, £1 15s, value of a pig, which defendant was ordered to return before next Court day, and ordered to pay costs.