MAGISTRATES' COURTS.

Globe, Volume I, Issue 44, 21 July 1874, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Tuesday, July 21. ("Before C. C. Boweu, Esq. R.M.] DRUNK AND DISORDERLY.

R. S. Williams was arrested by Sergeant Wilson for being drunk, and breaking a pane of glass at Messrs Mason, Struthers, and Co.

The accused had only been released from gaol the previous day, and said he was leaving for England by the Atrato.

After cautioning him against appearing in Court again, his Worship discharged him.

DRUNK AND WILFUL DESTRUCTION OP PROPERTY.

Thomas Murphy was arrested by Constable Benjamin for being drunk and breaking a pane of glass at the Q C.E. Hotel. The constable stated that the accused had also assaulted Mrs Beattie, blacking her eye. He had seen Mrs Beattie that morning, but she was too ill to attend. . A witness named Harris stated that the accused broke a pane of glass because Mrs Beattie would not let him in. One of the pieces struck her in the eye and cut it. Accused was fined 20s, or forty-eight hours, and advised to pay for the damage he had done. LUNACY FROM DRINK. Peter Romulas, who had been remanded to Lyttclton on this charge, was again brought up. Defendant promised to return to his work if discharged, and on that understanding his Worship gave him the opportunity, and let him go.

KAIAPOI. Monday, July 20. (Before G. L. Mellish, Esq., R.M.) PURLICHOUSE ORDINANCE.

James Lewton, licensee of the Junction Hotel, Ohoka, was charged with selling drink on Sunday, May 31st, to others than bona fide travellers. W. Harvey, of Oxford, said he was staying at the Ohoka a day or two before this date, and left on the day after. On Sunday he was walking alone past Lewton's house. He saw a number of men about who apparently had been drinking more or less. Did not speak to any, but saw them going in and out of the hotel. Witness followed one man in. Asked the man if he would have something to drink. He replied he would hi»vc beer. Witness had a glass of Old Tom, and paid for both drinks. The man had a bottle of beer, which Lewton put down on a slate. As he went into the hotel he saw several persons leaving it by another door. Witness did not say he was a traveller. He did not then know the name of the man with whom he had the drink.

By the Bench—His name I have since heard is Wilson. I knew where he lived.

By Accused—You did not ask me if we were travellers. I had seen Wilson the night before, He stays at G. F. Smith's. Isaac Wilson called, said he lived at Smith's and last witness was sleeping there about the date in question, After dinner on Sunday he went out to go to church, but in an hour after returned and ask d witness to go to Lewton's for a glass of beer. They went. Witness had a glass of beer, Harvey a glass of spirits. Harvey paid for both. The landlord asked if they were travellers. Harvey said yes. Witness saw no one else in the hotel

By the Bench—Did not take anything homo—nothing in a bottle. Did not leave any beer unpaid for. If Lewton puts beer down, I do not know whether he puts it down on a slate or in a book. I live one and a-half miles from Lewton's. Was at Lewton's three weeks previously, but not the nifjht. before. Was never drunk in that hotel. By Accused—Harvey urged me to have a drink.

Accused said he did not know Harvey, he had seen Wilson before, but he was not sure where the latter lived as he was a " bird of passage." He asked them if they were travellers ; Harvey replied yes. The Magistrate said the supply of drink to Harvey appeared to be legitimate, but with regard to Wilson, he could only give accused the benefit of the doubt as to whether he knew Wilson was a traveller or not to dismiss the case. Case dismissed.

Extensions of licenses were granted to W. Harris, Kaikanni lintel, for a ploughing match dinner on Thursday, and to H. Middleton, Middleton's Hotel, for a booth on the Kaiapoi ploughing match ground on the same day.

AIDING AND ABETTING THE COMMISSION OF AN OFFENCE.

Inspector Barsham applied for a summons against William Harvey, principal witness in the foregoing case, which being granted, W. Harvey was charged under clause 1) of the Justices of the Peace Act, that on the 31st May, he did counsel the commission of a breach of the Public House Ordinance. J. Lewton gave evidence that accused called at his hotel for driuk on Sunday, May 81st, with a man named Wilson. He asked them if they were travellers. Harvey said " Yes," and he supplied him. Harvey appeared to come into the house first, as if inviting Wilson in.

Isaac Wilson said accused and he went together to Lewton's. Accused asked him to drink. He had had a glass of beer.

By Accused—Heard you tell Mr Lewton that you were a traveller. You said we both were, as you had the word out of your mouth before I had time to speak. 1 was not drunk the night before. Did not buy a bottle of beer.

J. Lewton, recalled, said to the best of his knowledge no beer had been sold to Wilson but what he paid for. Accused thought as the Bench had dismissed the first case they could not convict him on this. . ...

The Magistrate—But you are charged, with counselling-the commission of a crime. Accused pointed out that, both had.stated he was. : a : .traveller, and as such he would have alight to have drink. He had given information to put a stop to Sunday drinking. The • Magistrate—Hut you knew Wilson, and that he was not a traveller. You went to get a driuk with a determination to procure a breach of the Public House Ordinance, and the Justice of the Peace Act provides that whoever counsels the commission of au

offence he shall be liable to a like penalty to the party who is fined for the offence. You said you wanted to stop Sunday trading ;'. it is rather a questionable kind of morality for you to commit an offence to procure a conviction against another. It places you in the position of. a treacherous informer. Had Lewton been fined I should have fined you, but as he was dismissed I will dismiss this case, leaving you to your own uncomfortable feelings of having acted in an extremely treacherous manner without having gained your object. You will, however, pay the costs, 4s. DISCHARGING FIREWORKS. J. Preece, J. Ashworth, W. Henwood, and W. Hill, were charged by a constable with discharging fireworks within the borough without lawful cause on May 13th. The boys admitted the offence ; they said they were given to understand that one of the constables would not look after them so long as they did not annoy persons. Inspector Barsham said many complaints had been made, and of boys firing crackers on Sunday evenings. The Magistrate dismissed the case, advising the boys to fire their crackers on the sandhills or out of the town. If any one fired crackers on Sunday they would be well punished. ALLEGED BREACH OP THE PEACE. H. Middleton was charged by R. W. Smith that on July 14th he did behave so as to provoke a breach of the peace. Complainant said defendant made a peculiar noise with his mouth as he was passing him, and afterwards he said " Gentleman Smith." He, complainant, asked him what he had to say to " Gentleman Smith," when defendant made use of improper language. B. George, B. PackwoodJ and J. Linklater, were called by complainaut, but did not prove that language calculated to provoke a breach of the peace had been used. Case dismissed. CIVIL CASES. Superintendent by Education rate collector, Kaiapoi district, v G. F. Day, claim, £2 ; nonsuited. P. S. Funston v Howligh, claim, £8 17s 6d ; defendant did not appear ; judgment for plaintiff. Salkcld v Walton, claim, £5 10s ; defendant not appear ; judgment for plaintiff.