MAGISTRATES' COURTS.

Globe, Volume III, Issue 229, 4 March 1875, Page 2

MAGISTRATES' COURTS.

CRRISTCHURCH. Thursday, March 4. (Before G. L. Mellish, Esq., R.M., and His Worship the Mayor.) creating a disturbance. James Reid was charged with creating a disturbance in front of the Criterion Hotel, and using obscene language. Defendant denied the charge, and was remanded until Friday for the attendance of a witness. DRUNK AND DISORDERLY. John Allen was charged with being drunk and creating a disturbance in the Q. C. E. Hotel. The constable stated that the man had been given into custody by the landlord of that hotel, but as he did not appear to give evidence the man was discharged. David Hughes, who had been remanded for a week for medical treatment, was brought up and discharged. BREACH OF CITY BYE-LAWS. For permitting horses and cattle to wander the following persons were dealt with :—A. Haxworth, fined 5s ; H. Davie, 5s ; Samuel Moncrieff, ss; W. G. Judge, ss; Alex Agnew, 5s ; Thos Greig, 5s ; Jno Fox, 5s ; Jno Geir, ss; James Nancarrow, ss; William Brooker (two informations), 10s; John Vivian, ss; James Webster, ss; Richard Offwood, ss; Mary A. Gahan, ss; James Close, ss; Samuel Nutt (four pigs), ss, and 6s expense of witness. For tethering a cow in No 1 street, James Close was fined 10s. Richard Pitt was summoned for riding across a footpath in High street. Defendant admitted the offence, but pleaded ignorance of the law, as he was a new arrival. Fined 10s. For being absent from his vehicle in Cashel street, Isaac Davis was fined 10s. OBSTRUCTING THE THOROUGHFARES. Informations against Edward Dunn alias Sharp and seven other cabmen for obstructing the thoroughfares were adjourned at the request of Inspector Buckley until the 18th inst. FURIOUS RIDING. Archibald Glasson, summoned for furiously riding on the Ferry road, was fined 10s. BREACH OF PUBLIC HOUSE ORDINANCE. E. V. Hiorns was charged with selling drink on Sunday, 21st February, during prohibited hours, and keeping his licensed house, the Central Hotel, open during the same. Mr Thomas appeared for defendant. Hans Wilson called, stated that he lived at the Q. C. E. Hotel. About half-past one o'clock on that day there was a disturbance in a lane at the rear of the Central Hotel. He went to see it, and afterwards went into the hotel, and had a pint of beer, for which he paid. He had gone into the house to see a person named Gardiner, who was a lodger there, ,He had been asked the question by,

the police, and had said that he had had a drink. He did not know who it was that served hirn. He did say that he had just come from having a long walk. Mr Thomas complained that a dead set had been made by the police against his client, and it would be better if they visited other houses in the city where bars were publicly kept open, and men and women behind the bars for the purpose of selling drink.

His Worship might tell Mr Thomas that only the previous day he had received a complaint from a married woman stating that her husband constantly frequented this house to the injury of his family. The defendant said that he was always very careful to discourage married men from drinking in his place. There had not been more than two or three cases of drunkenness in his house for many months. He did a large boarders trade, and on the day that this man was served with drink there were thirty-five persons sitting down to dinner. The barman had strict orders not to supply other than boarders with drink on a Sunday. His Worship saw there had been a previous conviction against the defendant within the last twelve months. A fine of £5 would be inllicted on each charge. VIOLENT ASSAULTS. Robert Little was charged with assaulting Aaron Fussellon Saturday, 27th February. Mr Thomas, who appeared fcr the defendant, said that it was understood between himself and Mr O'Neill that the whole of these cases were to be permitted to drop through, and that the damage done was to be paid for; Defendant said he did not wish to go on with the case. His Worship said if all parties consented to this course he would permit the case to be withdrawn. Case withdrawn. The charges for assault by William and Hannah Smith against Robert Crocker, same parties against Robert Little and Andrew Morton, arising out of the same charge, were also withdrawn. Charles Green was summoned for assaulting Frederick Brown on the Ist March. The parties were neighbors, living near the railway, and the present charge arose out of a misunderstanding about fowls, which had on one occasion destroyed some plants in the defendant's garden. After some words between them, on Monday last, the defendant kicked complainant. Defendant said that the language used by the complainant had provoked him, but he did not kick him and merely touched him with his foot. His Worship told the defendant that he had no right to take the law into his own hands, and inflicted a fine of 40s, and costs 6a 6d. USING THREATENING LANGUAGE. John Shortcliffe was summoned for using violent and threatening language towards Caroline Shortcliffe. Defendant did not appear, and his Worship ordered a warrant to be issued. CREATING A DISTURBANCE. Inspector Buckley told his Worship that the witness against the man James Reed charged with creating a disturbance in front of the Criterion Hotel, was now in Court. His Worship said he would hear him. Stephen Laurence repeated the language used by the accused, and said he thought the man was drunk at the time. Fined 20s and 5s costs. BREACH OF PROTECTION TO ANIMALS ACT. John Watson, alias Archibald Knowles, was charged with setting eleven snares to catch game on the land of Mr DeTroy, at Avonside, contrary to the provisions of the above Act. Mr Thomas appeared in support of the information, and called Mr N. G. Glassford, who produced his appointment as a ranger under the Act. On February 19th he went down to Broom Farm, Mr DeTroy's place, and saw two men there, one of them carrying a gun. He lost sight of them for a little while, and they afterwards came out at the other side of the paddock. One of them was defendant, and the other Mr Dunnage. It was Dunnage who was carrying the gun, and defendant was carrying a large 6ugar bag. He (witness) had found a rabbit in a snare, and Dunnage asked him where he got it, and he said that his dog bad canght it, as he did not wish to allow them to believe he was watching them. On the evening of the 9th he found six snares in this place, with rabbits in five of them, and that morning he saw defendant coming along the river near the Superintendent's gate, with about eighteen brace of rabbits. Next morning he again saw defendant on Broom farm, and could fancy through a glass that he was picking up snares. He also saw Dunnage fire at a rabbit. On a subsequent occasion he saw defendant laying snares, and he went up and asked him for them. He (defendant) said in reply that his name was John Wateon, and lived in Christchurch. He learnt afterwards from Mr Dunnage that the man's name was Archie. Of his own knowledge he knew that there were pheasants in that neighbourhood, and the springes set would catch them equally as well as rabbits.

Mr De Troy stated that he knew the neighbourhood of Broom well, and was aware that there were pheasants in that neighbourhood, and the springes produced would be liable to catch them. He did not know that there were any hares about there.

Defendant admitted that he had set snares to catch rabbits, but not pheasants. When Mr Glassford asked for his name he did not say that he was a ranger, and he (defendant) did not think he had any right to ask him. Mr Thomas, addressing the Bench, said that the defendant had admitted setting the snares for rabbits. The witnesses for the prosecution had proved that there were a number of pheasants and hares in that district which might have been as easily caught as rabbits. This had been brought as a test case to show the public that they had no right to lay snares where there was even a probability of game being caught, as if this were permitted all the efforts of the Acclimatisation Society would become useless. Mr Dunnage here desired to make a statement, and said that the defendant was in his employ, and had set the snares by his authority, and he had told Mr Glassford so. There was not a single hare in that part of the district, nor had he seen a single pheasant on that Bide of the river. Mr Glassford re-called, stated that Mr Dunnage was wrong in saying that he had informed him that the man was setting snares by his authority. He did say he was in his employ, but said at the time thai he was only gathering mushrooms. He (witness), remarked that they must be four-

legged mushrooms, and took out the snares he had in his pocket to show him. He would recall to Mr Dunnage's recollection that when they were together on the Sunday morning a pheasant rosa near them, and he (Mr Dunnage) remarked that that was the first time he had seen one for a long time.

Mr Dunnage said he remembered the circumstance, but it did not occur on his land. His Worship said he was very doubtful whether a conviction could be obtained under the clause of the Act, as from the evidence the intention appeared to be to catch rabbits, and while giviug the defendant the benefit of this, he would say that if it had been shown that he caught one single head of game the fine was £2O, and it would be inflicted. It was monstrous that the efforts of the Acclimatisation Society should be frustrated by people catching game introduced at so much trouble and expense, and he would advise the society to have the clause in the Act amended so as to prevent persons setting snares for any purpose whatever. The case would be dismissed. LYTTELTON. Tuesday, Makch 2. [Before W. Donald, Esq, B.M.] REFUSAL OF DUTY. John Peterson, an A.B. on board the barque John Knox, was charged by the chief officer with this offence. The accused stated that be had refused to turn to as the second mate had struck him, and he wished to see a magistrate. The case was adjourned until the 3rd, for the purpose of allowing the captain to attend, he being absent in Christchurch. Thomas Smith, Martin Gray, Charles Wheeler, Edward Jones, William Olson, seamen, belonging to the barque Charmian, were brought up charged by Captain Fillian with refusing duty. Captain Fillian stated that the accused refused to turn to yesterday morning when ordered, without evidently any cause. The accused stated that they wished the case adjourned until to-morrow for production of two witnesses on board the vessel. The case was adjourned accordingly. PUBLIC HEALTH ACT. George Edmonds, of the Head of the Bay, was charged by Mr Eyes, vaccination inspector, with neglecting to have his child vaccinated within the prescribed time. The defendant admitted that the child was not vaccinated, but stated that it had been, unwell. The Bench inflicted a fine of 5s and costs. James W. Chapman was charged with a similar offence. Mr Eyes stated that the defendant had sent in a certificate of successful vaccination since the summons had been issued, but the defendant was liable under the same information (as provided for in the Act) for not sending in the certificate within twenty-one days after the operation had been performed. The certificate was dated in July last. Fined 5s and costs. DOG NUISANCE ORDINANCE, Martin Gattermeier was charged upon the information of Constable Wallace with this offence, and ordered to pay costs. CIVIL CASES. Hauck v Gattermeier.—Action to recover possession of a tenement. Mr Thompson appeared for the defendant. The Bench, after hearing evidence, ordered the defendant to give up possession within one week. Miles and Co v Kennedy, master of s.s. Easby.—Action to recover £33 4s 2d for grass seed lost overboard while being transhipped from the Gazelle to the Easby. Mr Nalder for plaintiff; Mr Garrick for defendant. The Bench, after a lengthy hearing, gave judgment for defendant. SLAUGHTER HOUSE LICENCE. Mr Nalder applied on behalf of Mr C. J. Cholmondeley for a license at Port Levy, which was granted. Wednesday, March 3. (Before Wm. Donald, Esq., R.M.) REFUSAL OF DUTY. John Petersen, an AB on board the John Knox, was further remanded until to-morrow. COMBINING TO DIbOBEY LAWFUL COMMANDS. Martin Gray, Edward Jones, Charles Wheeler, William Olson, Thomas Smith, were again brought up charged with this offence. The evidence of several witnesses wf.s taken, and the Bench sentenced the prisoners to four weeks' imprisonment, and to pay costs of prosecution.