MAGISTRATES' COURTS.

Globe, Volume II, Issue 199, 28 January 1875, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Thursday, January 28. (Before G. L. Mellish, Esq, R.M.) DRUNK AND DISORDERLY. John Kelly, for drunkenness, was fined 10s., and Nicholas Kearney, for being drunk at the Railway station, was fined 5s and cab hire. FIGHTING IN A RAILWAY CARRIAGE. Wm Delaney and John Collins were charged with fighting on the narrow gauge line, and afterwaids at the Dunsandel station. Delaney was proved to have been the aggressor, and was fined 20s. The charge against Collins was dismissed. BATHING IN VIEW OF A PUBLIC PLACE. George Blanchard, Henry Sims, and Allen Steer, were charged with bathing outside the enclosure in Hagley Park. His Worship told the boys that a place had been enclosed for this purpose, and he hoped now they knew it was wrong to bathe elsewhere they would not do so again. Charge dismissed. BREACH OF CITY BYE-LAWS. For permitting horses and cattle to wander in public thoroughfares the following cases were dealt with :—Charles Heggie, fined 5s ; Samuel Southerby, 5s ; Anthony Mclntyre, 5s ; J. L. Fleming, 5s ; Samuel Taylor, 5s ; James Hogg, 5s ; Wm Brooker, 5s ; A. Haxworth, ss; W. M. Stewart (two informations), 10s; J. C. Fleming, ss; Samuel Ward, ss; Wm Collins, 5s ; James Carter, 5s ; John Pepperill, ss; and Henry Casbolt, ss. For furiously riding in Colombo street, Stephen Warren was fined 10s. For obstructing the thoroughfare in Cashel street with his fish-barrow, Jas Burrows was fined 10s. Mary Ann Gilman was summoned for burning a quantity of gorse in the open air on the 13th inst. Constable Strong stated that he saw the gorse burning on defendant's premises on that day, and the town clerk said that he had received no notice of defendant's intention to burn gorse on her premises. Fined 10s. For permitting his chimney to catch on fire, James Blake was fined 10s. ' John Miller was summoned for obstructing the thoroughfare at the Railway station with his cab, and was fined 10s. SMOKING IN A RAILWAY CARRIAGE. Richard Smith was charged with smoking in a Railway carriage on the Great Southern line of railway in a compartment not set apart for smoking. The defendant wished the case adjourned to enable him to prove that the carriage in which he was in at the time was registered as a smoking carriage. Defendant had admitted in a letter to the traffic manager, having committed the offence, and was fined 10s. ASSAULTS. The adjourned case of Clara Clark against Samuel Clark, for assault, was called on. Mr Slater appeared for the complainant, and Mr Thomas for the defendant. The complainant stated that she had a deed of separation from her husband. On the 14th January her husband, struck her and knocked her down in the street. She was afraid of him, and so were her children. In cross-examination by Mr Thomas, this witness stated that since the deed of separation between herself and husband, he had only been a lodger and occupied a room in her house. On this day she was in the Royal Hotel with a Mrs Clark. Her husband afterwards clawed hold of her outside, and pushed her down, and then she got him by the beard and hair. Her husband did tell the landlord of the hotel not to serve her with drink. She had some pictures and clothes not mentioned in the deed,- and which she intended to keep. Defendant was bound over to keep the peace towards his wife for six months in two sureties of £25 each, and himself in £SO. A box and contents to be given to defendant. John Sherwood and Alfred Wilson were charged with assaulting Thomas Moraghan on the 19th inst. Mr Thomas appeared for defendants and Mr O'Neil for complainant. The defendants had gone to complainant's house at Yaldhurst at half-past eleven o'clock that night, and asked for a man named Geo. Hale, whom they intended to assault. When the complainant went ont to speak to them, and tell them that Hale was in bed, they struck him and also pushed his wife down and threatened to kick him and her., unless they let them get at Hale. The complainant and wife are only new arrivals, and defendants threatened that they would show the new chums the way of the place'. Complainant's wife and another witness corroborated the evidence, and saw Sherwood knock Moraghan down. For the defence, several witnesses stated that the defendants went to complainant's house that night, and Sherwood asked to see Hale to know why he had insulted his wife, Moraghan first struck Sherwood when the latter knocked him down. Moraghan then took up some stones, and threw them at the other. One of the witnesses saw defendant on the ground, and Mrs Moraghan pulling at him. Heard no bad language used by defendants. It was then determined to hear a crosssummons, Sherwood against Moraghan, for I assault before deciding the fist case. The evidence previously given was simply reversed now. A third case arising out of the other two against George Hale for using abusive language towards Ann Sherwood and August* Wilson was gone into. Aiter hearing the evidence his Worship said he could not understand Hale's conduct in going to Mrs Sherwood's house and using the language complained of. He must certainly at stated have been drunk at the time, and was certainly the cause of all the subsequent quarrels. He (his Worship) could neither understand the conduct of Sherwood and Wilson going to Moraghan's place at such an hour, and persisting to see Hale, nor could he believe that without any provocation Moraghan would attempt to strike either of them. Their conduct had certainly been very injudicious. The two cases of assault would be dismissed, and in the other case Hale would be fined 20s and cost of witnesses with professional costs. SLAUGHTER-HOUSE LICENSES. The following applications were heard:— Fred. Bull, sec 8983, Malvern.—Granted. James Dann, sec 313, Papanui. Mr Thomas appeared to support the application, and stated that a petition in favor of his client had been signed by two members of the school committee. Two residents in the district appeared to oppose the application, and stated that as

the ground waa swampy if the drainage and offal from the yard were allowed to get into the ground, a nuisance would arise in the summer after each shower of rain. His Worship observed that as he had said before it was desirable that some public body or the Government should take the matter in hand, and erect oublic abbatoirs. He had already stated that where there was a serious objection he would not grant them licenses, yet it was somewhat hard that men should be prevented from following their calling. In this case he would, however, grant the present application for a certain time on the understanding that it would not be continued if found in any way to be a nuisance to the inhabitants. He was on the horns of a dilemma, as if he were to refuse all licenses to slaughter, the people would be unable to obtain any meat. The license would be granted for six months, and he would direct that the inspector of slaughter houses should occasionally visit the place. Simon McEae sec 8869, Kowai Pass. —Granted. __, N.Z. Provision Company, sec 3194, Avon district. —Granted. Henry Stace, sec 8035, Springston.— Granted. Parker Westenra, Camla station, Selwyn. —Granted. ASHBURTON. Friday, January 22. [Before A. Saunders, Esq, md H. T. Winter, Esq, J.P.] BREACH OF PUBLIC HOUSE ORDINANCE. George Robinson, of South Rakaia, was charged with neglecting to keep a lamp burning on 9th January in front of his licensed house. Fined £2. C. Klingenstein waR charged with supplying liquor to one Moran Morna, on Sunday, January 10th, during prohibited hours. Constable Graham, sworn, Baid—l heard some one shout " Police." I was shown two bottles of brandy by Mr C. Klingenstein. Two men named Morna and Hanna were there. I thought Hanna called for police. He said Klingenstein took his purse from him. Mr Klingenstein said he thought the man got the brandy from Oram's. He showed me the brandy on his premises. A number of men were about. Martin Morna, sworn, said—l remember coming tc the police station on Monday, 11th. I stated I had lost a cheque, but do not recollect saying anything about the bottles. I did not buy any grog from Klingenstein on Sunday, the 10th. Ido not recollect stating the sort of money I had in my purse. I think I spent most of seven pounds I had at Klingenstein's on the 10th. I remember a man named R. Hanna being there on the 10th. I went into the house and took my swag and took out some bottles of grog, and one was drunk in the stables belonging to Klingenstein's New Inn. I got one bottle of grog off the barman • the same day—viz, the 10th. I could not swear what sort of grog it was. I was stupidly drunk. I do not think Mr Klingenstein knew anything about the drinking going on. I paid for the bottle of grog. I had £7 on Sunday morning, and Mr Klingenstein gave me £2 9s on Monday morning. I came to the town on Saturday from Mount Somer's. I got drunk on Saturday. I went to Klingenstein's at about eleven or twelve on the forenoon of the 10th. Ido not know how much money Klingenstein took off me. By defendaut—l don't remember coming to your place on Saturday night. Robert Hanna aworn said—l was at Klingenstein's house on the 10th. I saw Morna on the premises. I had some drink in the stables. There was a bottle of grog sent for, I don't know from where. I could not swear how much money Klingenstein took out of Morna's purse. I have been drunk for eight days constant. I got too drunk to know anything. R. C. Martin, sworn, said—l remember the 10th. Ido not remember being at Klingenstein's about the middle of the day. I do not remember making any statement as regards the men. R. Shearman sworn, said—l know the witness Morna. He came to my house and asked for a bottle of grog at seven o'clock on the morning of the 10th. 1 never supplied grog on a Sunday T told him. I have had •no Hennessy's brandy in my house for six •weeks. I gave him balance of a cheque due i;o him, seven sovereigns, and either 12 or 16 'Shillings. He left my place on Saturday ;afternoon, about half-past five. Constable Wallace; sworr, said—l remember the 10th. Myself and Constable Graham •were called over to Klingenstein. I saw Morna and Hanna. I saw several men in the yard. Klicgenstein showed us two sbottlesof brandy, aud said he expected they •came from Oram's. Jenkins, sworn, said—l remember the 10th. I don't remember being at Klingenstein's in company with Morna. I saw Morna on Saturday night. He was not drunk. There were four or five of my mates there on Saturday night. A. Finlay, sworn, said—On Sunday the 10th I met iVlorna in the yard of Klingenstein's Hotel. He asked me to take charge of his swag. He said it was valuable. I put it in the inside kitchen. He was away a few minutes and fetched a bottle out of bis swag, saying he wanted to treat his friends. They went to drink in the stable, and pressed me to drink. I refused. Duncan M'Kenzie, sworn, said—l am barman at Klingenstein's Hotel, Morna came to the hotel on Saturday night. A man named Morgan paid for his bed. He bad a shake down in the smoking room. On Sunday, the 10th he as«.ed for a bottle of brandy and I at first refused, but afterwards I gave him one, which he put in his swag. A. Johnson, called by defendant—l saw Morna with a bottle. Ido not know where he came from. I did not see you supply any bottles of grog on Sunday, the 10th. 1 have boarded with you for three months. Decision reserved. C. Klingenstein was charged on the 10th January with supplying liquor to other than lodgers. Constable Graham, sworn, said—That on the 10th, about a quarter past 10 p.m., he observed drinking going on inside. I saw ■even or eight persons coming out of the house. I questioned them and found they were not boarders. I recognised some of them as not boarders. One of them, named Stewart, stated that they had paid for drinks at a quarter past ten that evening. I know they live over at a whare near the bridge. Sergeant Felton, sworn, said—l was with Constable Graham. I saw drinks served to other than lodgers. Stewart said he paid one shilling for drinks. Stewart lives near the bridge. When Klingenstein saw the police he asked the man to stop, and he would give him a bed, but received a reply that he would go to bia tent.

James Stewart, sworn, said—On the Sunday evening in question I lived at Klingenstein's I told you I Jived over at the railway. I told you I lived during the day at the whare. I told you I gave a man a drink. The man I gave a drink to was a lodger. Thompson, sworn, said—l remember the evening of the 10th. I had something to drink. I had some beer. I believe Stewart paid for it. I lived at Klingenstein's that night. I generally live over at the whare. I sad I was going over to the wbare. I remember saying good night. By Defendant—l often stop at your place.. I had a bed provided for me that night. I returned to your place at a quarter to eleven p.m. Finlay and I went back together. R. C. Martin, sworn, said—l remember the evening of the 10th. I was at Klingenfltein's. I saw several men get liquor that niijht. I had some liquor in the morning. I do not remember hearing the men say good night. I stopped there on Saturday. By Defendant—l always stop at your place when I am in Ashburton. I cam'.: to the town on the 7th. My bed was not engaged. Klingenstein offered me a bed as I was going away at night. I went and stopped in a tent, with a friend of mine. The Bench, addressing the defendant, said that he, the defendant, did not seem to know what a lodger was, as meant by the Act. To serve liquors to other than bona fide lodgers (that was to say, lodgers who were stopping in the house for some time, rot merely those who had a bed for one night, and were gone in the morning) was a breach of the Act. As the defendant had appeared before the Bench before under similar circumstances, and had previously, though sailing very close to the wind in these matters, been allowed the benefit of the doubt, these cases were clearly proved, and he would be fined in each case a penalty of £5 and all costs. Defendant remonstrated, and gave notice of appeal.