MAGISTRATES' COURTS.

Globe, Volume II, Issue 161, 10 December 1874, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Thursday, December 10. [Before G. L. Mellish, Esq., R.M., and Colonel Brett, J.P.] DRUNK AND DISORDERLY. James Reed, for drunkenness, was fined 5s ; Edward Hayton, 10s ; and John Sabcy, ss. BREACH OF CITY BYE-LAWS. For permitting horses and cattle to wander, the following persons were dealt with :—H. C. West (three horses), fined 5s ; Andrew McTaggart, 5s ; Richard Sunderland (two informations), 10s; Wm Walls (two informations), 10s; John Witherfield (two horses), ss; Alexander Agnew, ss; J. T. Walker, ss; W. G. Judge, 5s ; F. Hobbs, 5s ; J. S. Buxton, 5s ; and John Barkei", ss. Henry Defree and Wm Thompson summoned for tethering horses in thoroughfares, were each fined 10s. Daniel Burns, snmmoned for a similar offence, was also fined 10s. A summons against Adolphus Le Breton, for being absent from his horse and vehicle, was dismissed, as the offence was the result of an accident. Charles Oswald was summoned for obstructing Hereford street on the 25th November, by allowing a building in course of removal to remain therein after prohibited hours. The defendant said he had permission from the Council to remove the house, and would not have blocked up the road had he not met with an accident. Fined 10s. William Hankins, for riding on the footpath on the Whately road was fined 10s. Wm Judge, summoned for allowing his chimney to catch on fire'was fined 10s. CREATING A DISTURBANCE. John Thompson and Alexander Gaul were summoned for creating a disturbance in Colombo street on the 22nd November. Constable Beck stated that, about halfpast 12, he saw the defendants making a noise near the City Hotel, running away with Lane's savaloy cart. He spoke to them and asked them to desist from making that disturbance, Gaul would not, and he was compelled to take him to the depot. When spoken to, Thompson desisted, but Gaul, who was under the influence of liquor, would not. Fined 10s each. PLYING WITHOUT A LICENSE. George Efford and Isaac Pentecost were summoned for plying with carriers' carts without a license. Defendants admitted the offence, but said there were others who had carried goods from the railway for years, and who had not taken out a license. Fined 10s each. BREACH OF PUBLIC HOITSE ORDINANCE. Thomas Hall was charged with selling drink in his licensed house, the Oxford Hotel, on Sunday, November 29th. Mr Thomas appeared for the defendant. Sergeant Wilson stated that on that morning, about twenty-five minutes past eleven, he saw the defendant in the bar of his hotel. There were two men in a private room, and one of them had a glass of beer in his hand. When he saw witness he threw the contents of the glass away, and they then went out of the back door. In cross-examination the witness stated that he knew there were lodgers living in the house. The men were in a private room. The door by which he went into the hotel was ajar. Though there had been a great number of complaints, defendant had never been convicted of an offence under under the Act. H. J. Wade stated that he had been in the house about three minutes that morning when Sergeant Wilson came in. He had nothing to drink, though when he saw the sergeant coming he took up the glass standing on a table with some beer in it, and threw it away. He believed the cook had had a glass of beer. Would swear that he had not been served with drink that day. John Mullen, who stated that he was a gentleman at present, stated that on that morning he went to defendant's house to get some beer, but Mr Hall would not serve him as it was a Sunday. By Mr Thomas—l went into the house and was refused to be supplied with drink. I opened the door leading into the bar and saw that Mr Hall was in there writing. Case dismissed. A second charge against same defendant for keeping his house open during prohibited hours was also dismissed. Henry Lewis was summoned for selling drink in his licensed house the Devonshire Arms Hotel on Sunday, 29th November, and also keeping his house open during prohibited hours. Sergeant "Wilson gave evidence of having visited defendant's house on the date named. He saw two men in a room, and met the barman coming into the room with a pint of beer in his hand. The bar was open at the time. Walsh stated that he went into defendant's hotel that day and asked for drink, but was refused it. He saw the Sergeant there that day, but was not served with drink. The barman was not.taking the pint of beer out to him. Another witness gave similar evidence. _ His Worship said that the barman having been seen with a pint of beer in his hand was sailing very close to the wind, the charge hoM r evcr would be dismissed. J. W. Oram of the City Hotel was summoned to answer a similar offence, committed iu his house on the same date.

Sergeant Kennedy stated that about five minutes to eleven o'clock on the night of tha 29th November he, with Constable Ayers, went into the City Hotel. The small bar was open and lighted up. He saw three men there, two of them had drinks before them. Why he went in was that he saw two of the men going in, and followed them. By Mr Thomas —The men had drinks before them. Did not see them supplied, nor any money pass. The front door was locked. Did not see Mr Oram about. The night porter Alf was the person whom he (witness) spoke to. Henry Norman stated that he was in the City Hotel. He went in to see Alf, the night porter. He (witness) had a glass of whiskey and water. Joseph Haskett was in the City Hotel that night. He had a drink, but did not pay for is.

Mr Thomas said that after the evidence given he could not dispute the case. Fined £5. Witnesses not to be allowed cost of attendance. INSULTING CONDUCT. Ernest Green, Chas. Stokes, John Soames, Fredk. Kennett, Henry Soames, James Dunlop, John Crabtree, John Sycamore, Wm Buckingham, Charles Sycamore, John Moore, John Meers, Walter Ellen, and Edward Fowler, all boys, were charged with behaving so as to provoke a hreach of the peace, on the 17th October. These boys had taken part with some other boys, who were before the Court on a previous occasion, and had been engaged on that night serenading a newlylmarried couple with a number of tin cans. Detective Haddrell repeated his former evidence, and stated that, in addition to the nuisance continued by this tin kettling after the boys had been fee'd and asked to leave, stones were thrown at the house, and a stone attached to the knocker. He could not identify the defendants as being] among the boys that night. A boy named Felix Hattaway who was one of the defendants on the previous occasion, gave evidence of all the present defendants being there that evening; those who were not present at the tin kettling, took part in the "tin tacking." This expression being explained to mean tying a stone to a knocker with a long string attached, and keeping up a runaway accompaniment at intervals. The boy Mears had also sungan indecent song. Corroborative evidence was given by other witnesses.

Mr Crabtree, storekeeper at St Albans obtained permission to speak to the Bench about the rough treatment the boy Henry Soames had received that night at the hands of the constable. As there was no evidence against Walter Ellen, Kennett, Dunlop, and the two Sycamores they were discharged. His Worship said he would do his best to put a stop to the nuisance. The defendants would be each fined 10s, and he wished that the father of the boy Mears was in Court, as the latter had conducted himself like a blackguard in singing an indecent song. If his father were present he should recommend him to give the lad a good thrashing as he richly deserved it, and he trusted his recommendation would reach him. Defendants would be fined 10s each. DOG NUISANCE ORDINANCE. Susannah Walker was summoned for being the owner of two unregistered dogs above the prescribed age. The offence was proved, and defendant fined 40s. Thomas Farmer, John Williamson, and Wm Herbert, and Wm De Troy, summoned for a similar offence, were each fined 20s. ASSAULTS. Wm Sheate was charged with assaulting Sergeant Burtenshaw on the 24th October, by throwing a bullock paunch at him. Mr Wynn Williams appeared for defendant. The complainant stated that, on that day, he (witness) was walking on the West Coast road, defendant, who was riding along the road with the paunch in front of him, threw it at him. If he (witness) had not puthishead on one side, it would have struck him. He had occasion some six months ago, to have defendant bound over to keep the peace for illusing a little boy, and he believed this to have been the reason for his conduct. By Mr Wynn Williams—l did not take defendant by the waistcoat and pull a button out, but I did tell him I had a good mind to lock him up, and caught his horse by the head. I did tell the bench on the occasion defendant was fined and bound over that the boy was more silly than bad. I did on one occasion receive a letter from Mr Anson complaining about this boy, but Captain Gaul did not complain of the boy having stolen fruit out of his garden. I know the boy is a silly boy, and I went to his mother to try and get him into the reformatory. Ido not recollect telling Mrs Palmer, of the Courtenay Anns, a few days after the case that I had got Sheate fined £lO and bound over to keep the peace, and that I knew the boy who had given the boy Littlejohn the black eye, but I had made Sheate pay for it. He would swear he did not tell Mrs Palmer that he would soon have him for the £IOO for a breach of the peace. To the Bench—l would say the paunch was thrown in a spirit of animus and not as a lark.

By Mr Wynn Williams —As a member of the police force, I call that an assault. Mr Wynn Williams called Charles White, who stated that, on that day, he asked defendant to take the paunch to his (witness) house, as he was riding aud going that way. They were all in a larkish mood that day. By Inspector Buckley—l am certain the expression was not used that day—" You are not game to throw the paunch at the bobby." George White stated that he was present that day when Sheate started with the paunch on his saddle. Saw it fall, and Sheate did not attempt to strike the Sergeant with it. By Inspector Buckley—Sheate did not take the paunch away with with the intention of striking the Sergeant with it. To the Bench—l did not sec Sheate raise his arm or make any effort to throw the paunch at the Sergeant. I should say it fell about two yards from the Sergeant. I can swear positively to that, as I was only two chains from him at the time. The paunch fell on the off side of the horse, and I was on the near side. Sergeant Burtenshaw to the Bench—After the defendant dropped the paunch he galloped away and did not pick it up. Mr Wynn Williams said he would produce Mrs Palmer, if the Bench thought it necessary that further evidence was required. The Bench said they had decided to dismiss the case without costs, as the alleged assault seemed to have been a most trivial cue, Case djismissed,

LYTTELTON. Wednesday, December 9. [Before W. Donald, Esq, R.M. and J. T. Rouse, Esq., J.P.] drunkenness'. Fred Agassiz, arrested by Sergeant Maguire, Was charged with this offence. The prisoner appeared to be suffering from the effects of drink and was remanded till Saturday. LUNACY. Patrick Mulchey, arrested by Detective Kirby, was brought up under this charge and remanded till Saturday next for further examination.-