MAGISTRATES’ COURTS.

Globe, Volume II, Issue 157, 4 December 1874, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Friday, December 4. [Before Launcelot Walker, Kstp, and Dr Back, J.Ps.J DRUNK AND DISORDERLY. John Brown, arrested by constable Davis for being drunk attlie Cliristelmrcb Railway station, was lined 5s and cautioned. Samuel MeCready, for drunkenness, was also lined 5s ; and George Wilkin, who was suffering from the effects of drink, was remanded to Lyttelton for a week, for medical treatment. George Langston, who had been arrested for being drunk, committing an act of exposure, and assaulting the police, and who had been remanded for medical treatment, was again brought up. Mr Heston, chief gaoler, said the man was now well. The apprehending constable gave evidence of the charge, and the accused was fined 255, or one week’s imprisonment. LUNACY. Patrick Burns, who had been remanded to the Asylum, was brought up. Mr Seager, steward of the Asylum, said it was Dr Coward’s opinion that the accused was not insane. He was a lazy idle fellow, who had no desire to work. The Bench cautioned accused against loafing about the town, and discharged him. ASSAULT. George Brown, who had been summoned the previous day for assaulting Hadley, and committed for contempt of court, was brought up. The complainant said that defendant came into his yard and used very bad language,

and when he (complainant) threatened to bring a policeman, he struck him. The defendant called Susannah Walker, who stated that defendant came to complainant’s place and called him bad names. Hadley then said he’d fetch a policeman, and defendant then struck him. The Bench said there was no proof that a blow had been struck, but bad language had certainly been used by defendant, who would be fined ss. LARCENY. Joseph McClelland TaiTapu, was charged with stealing some fencing wire, the property of Samuel Nutt. Detective Benjamin said that in virtue of the warrant produced, he searched the prisoner’s place at Tai Tapu, the previous day. He was accompanied by Detective Hacldrell and the prosecutor. Saw some wire in a fence, which was claimed Mr Nutt as his The wire was made up in the fence, and he took possession of about ten chains of wire, out of twenty-eight chains, which were identified. The wire was then in Court. Afterwards met the prisoner on the Tai Tapu road; read the warrant to him, and told him I arrested him on the charge of stealing the wire. Prisoner said he knew nothing about it, as he was on the West Coast when the fence was put up. Prisoner said he was the sole lessee of the farm where the wire was found.J Samuel Nutt stated that he was a farmer, at the Tai Tapu. The prisoner had a farm about forty chains from his place. About the beginning of last November he missed a few coils of wire, which he had hung upon his fence. It had been used before. Afterwards saw the wire in a fence erected on prisoner’s land. Was present the previous day when the detective took possession of a portion of the wire. The wire in Court was a part of that he missed. Identified it by some marks. jThe value of the wire stolen would be about £5. There were at present about eighteen and a half chains in the prisoner’s fence which had not been taken possession of. To the Bench—l identify the wire by the chopping marks on it, caused by me when I was taking it out of a fence. Examination continued—The fence out of which we took the wire yesterday has only been erected about three weeks, and since I missed it. Mr Joynt here entered the court, and said he had been instructed to appear for the prisoner. By Mr Joynt—The wire is secondhand. I missed it about a month ago. It is common fencing wire, and there is nothing remarkable about besides the cuts. I chopped it out of my fence because it was the most convenient way of getting it out. It is the common way of getting wire out, but I don’t know that any other person would take the same means, I have not an old grudge against the prisoner, but he appeared as a witness against me some little time ago. I do not know that prisoner was away at the Coast when I missed the wire. The wire is worth about 33s per cwt. I looked about several neighbors’ fences to see whether there was any of the same wire in them. To Detective Feast—l have no doubt but that the wire in Court is mine. Mr Joynt submitted to the Bench that there was no evidence of a felony against the prisoner. The only identification was the cuts on the wire, made on the evidence by chopping it out, which | was a very common practice resorted to in such cases. It would, he contended, be a very dangerous precedent indeed to convict a respectable man of felony on such evidence. The Bench held there had not been sufficient proof of identification. The cuts on the wire might have been caused by any person, as cutting out old wire was the general practice. The charge would be dismissed.