MAGISTRATES' COURTS.

Globe, Volume III, Issue 275, 29 April 1875, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Thursday, April 29. (Before G. L. Mellish, Esq., R.M.) Lunacy from Drink. —Matthew McCready was charged with being a lunatic from drink. It appeared that defendant, who resided in Kilmore street west, had been drinking heavily ; that his wife had left him, and he had been conducting himself in such a manner as to lead the neighbors to believe that he was not fit to be at large. He was remanded for a week for medical treatment.

Drunkenness. —The following inebriates were dealt with:—Daniel Stevens, fined 5s ; William Johnston was remanded to Lyttelton for medical treatment. Rolling Casks in a Public Thoroughfare.—George Evans, a boy, was charged with rolling three casks on the footpath in High street. Defendant, who said he did it by his master's orders, was fined 10s. Houses and Cattle at Labge.—The following cases were dealt with :—Alexander Forbes, 10s; John Garland, ss; W. J. Fisher, ss; Henry Knight, ss; David Christie, 5s ; John Dolan, 5s ; J. Goodman, 5s ; James Blair, 5s ; John Harper, ss. Obstructing the Footpath. James Boot was charged with obstructing the footpath in Kilmore straet, by tethering a horse thereon. Mr Joynt appeared for defendant. A constable deposed that the horse was tied to Mr Boot's premises ; there was no creek at all in Kilmore street, where the horse was ; the tether rope did not extend across the creek ; the river Avon was the nearest water to the horse. Mr Joynt said that he could prove that the constable was utterly mistaken ; there was a very deep creek there, and where the horse was tethered there was no thoroughfare. Examination of witness continued.—Defendant told me that the horse was not where I said it was, and called me a liar; it was about a quarter to 7 o'clock in the evening. Mr Joynt obtained an adjournment for a week to call evidence. John Hart was fined 10s, and costs 6s 6d, for allowing a horse to remain on the footpath in Salisbury street. Charles Wragg was fined 10s for allowing a load of bricks on the footpath in Kilmore street. Thomas Barlow was charged with obstructing the footpath in High street, by allowing a fish barrow to remain thereon opposite the White Hart, near the tank. Defendant had permission from the City Council to remain fifteen minutes, and he remained there forty-five minutes. He was fined 10s. Stephen Brighting for a similar offence, was fined 10s. David Ryan, for driving a cow on the footpath of the Riccarton Road, was fined 10s. Harry Chisnall was fined 10s for driving a bullock on the same footpath. Unregistered Does.— The following cases were dealt with—James Brown, 20s ; James Lever, 20s; Richard Morrish, 20s; Matthew Smith, 20s. Obscene Language. —Eliza Jane Bray was charged with using obscene language in the hearing of passers by.- Defendant said that the language made use of was in her own bedroom, and she was sorry for having done so. She was a little bit tipsy, and hoped the Bench would look over it for this time. The Bench fined defendant 20s. Hugh McClatchie and Louisa Speary were charged Avith using obscene language in Chester street. It appeared that defendants had been quarrlling the whole afternoon, and the language complained of was heard in the street. The Bench fined defendants 10s each. Breach of Animals Protection Act. — Charles Jackson was charged with having on loth March killed game. Mr Wynn Williams for defendant. Charles Hart deposed that he was employed by defendant's father at Riccarton, and saw him shoot a hare on the evening of the 15th March. Defendant took the hare into the house. Crossexamined —Would swear that he was in Mr Jackson's employment on the 15th of March. Was not discharged for being drunk. Witness tied up some straw for thatching on the 15th, at Mr Jackson's, and also brought in some horses ; was not discharged until the 17th March ; it was after St Patrick's Day. Inspector Buckley said, in the absence of the Chief Ranger, he had taken up the case, and would apply for an adjournment. The defendant's father was called, and deposed that Hart was discharged on 16th March. Hart went away on Sunday 14th, and did not return until Tuesday worn-

ing, 16th, when he returned drunk, and was discharged. Never saw Hart on witness's place on Monday 15th. By Inspector Buckley—Witness's son was under his eye the whole day on Monday 15th. Hugh Cassin deposed that he was working for Mr Jackson on a Monday. Hart was not there. Mr Jackson told witness that the other man (Hart) went away on the' Sunday. The Bench dismissed the case. Creating a Disturbance in a Licensed House.—P. W. Foley was charged with creating a disturbance in the Sawyer's Arms, and refusing to leave when told to do so by the landlord. The defendant said that he presented complainant with a bill, which he refused to pay, and he (defendant) certainly tost his temper. The Bench fined defendant 20s and costs.

Assault. —An information against David Thompson for assault was withdrawn. Threatening Language.—An information against E. McCourt for threatening his wife was dismissed, as the parties had agreed to a separation. Affiliation. Henry Hempstack was charged with neglecting to maintain an illegitimate child ot Eliza Dehl, of which it was alleged he was the father. The defendant, who had been brought up from Geialdine, said that he would marry the mother next week. His Worship said that he would adjourn the case for a week, and in the meantime defendant might go at large. Larceny as a Bailee.—Charles James was brought up on remand charged with larceny as a bailee. Mr Garrick appeared to conduct the prosecution, and Mr Joynt for the defence. Thomas Gibbon Vennal deposed that he was acting as a trustee of the City of Christchurch Lodge of Oddfellows. During the year 1874 t prisoner was acting as treasurer to the lodge. The duties of treasurer are defined by rule 4 (read) ; under that prisoner ought to pay into the bank moneyß as they were received by him. Prisoner attended the lodge meeting as treasurer fortnightly to receive the subscriptions, according to the book produced (cash book), which contains the entries of moneys received on lodge nights. On 14th December, 1874, Stephen Harper was secretary, and the list of payments in bears prisoner's signature. On that date the total payments were £59 0s lOd, being contributions received from members on that night. Prisoner's signature purporta to be a receipt for money received on that night. On December 28th, 1874, the sum of £216 12s lid was received as shown, by the cash-book produced; this entry has no signature of prisoner's to it as having received the money. On November 30th, £3B 7s B£d was received, the entry bears prisoner's signature as having been received by him. The moneys received on those evenings should, according to the rules, have been paid into the Bank ofJNew Zealand less disbursements, and £2O to be retained "by the prisoner. According to the bank-book produced the sums mentioned do not appear to have been paid into the bank. The bank pass book is made up to April, 1875. Two items appear to have been paid in December, 1874, viz., Post Office order on December 17th, 1874, £7 4s, and on 29th December cheques to the amount of £ls 14s. No moneys purport to have been paid in during January, 1875. Prisoner left the province of Canterbury esrly in the month of February last. Had not seen him since until the last few days. Two items appear to have been paid in in February by Mr Paton, my co-trustee, viz., February 9th, £27 10s, and later in February, £23. Cross-examined Prisoner was appointed treasurer on 26th August, 1872. The treasurer remains in office during the pleasure of the lodg'e. The subscriptions paid by the members were received by the paid secretary, Stephen Harper, who was supposed to hand the amount over to the treasurer at the close of the meeting. The meeting of 26th August wa? a summoned meeting, but it was also an ordinary fortnightly meeting. Could not say whether that meeting was summoned for the' election of an officer under rule 40. Did not think there was any rule authorising the appointment of bankers; the Bank of New Zealand was appointed several years ago. Winslow Wood, ledger-keeper at the Bank of New Zealand, produced the ledger containing the account of the Loyal City of Christchurch Lodge, shewing receipts and payments. On December 17th, 1874, £7 4s was paid in by post-office, order, and on 29th December £ls 14s was paid in by cheques. No payments were made in January, 1875, but in February, 1875, viz., on 9tb, £27 10s, and on. 27th February £23 was paid in—on the 9th by cheques and cash, and on 27th by cheques ; nothing was paid in in the months of October and November, 1874. Stephen Harper paid secretary to the Loyal City of Christchurch Lodge 1.0.0.F.,M.U., deposed that he was secretary during November and December, 1874, and' was so now. Witness received the contributions, and at the close of the lodge handed them to the treasurer. The book produced is called the " Rough night cash book." It contains the cash and contribution entries received on lodge nights. On November 30th, 1874, the sum £3B 7s Sidwas received by the prisoner, Mr James, and his receipt is before the Court. Against that amount there are disbursements—viz, sick pay—amounting to £9. On December 14th £59 0s lOd was received by prisoner; according to his receipt, out of that sum the disbursements were £2O 2s Bd. On December 28th the receipts were £lB7 6s 9d ; on January 11th, 1575, £2B 12s Bd, being the balance of the year's subscriptions for 1874; both those sums were received by prisoner; the disbursements out of those monies were £67 18s 2d; the balance of the moneys thusreceived should have been paid into the Bank of New Zealand to the credit of the trustees of the Loyal City of Christchurch Lodge. Prisoner received the last moneys on the 11th January, 1875, viz., £46 9s 7d. Did not know what disbursements prisoner made on that night. After the 11th January, 1875, prisoner purported to go to the Waitaki'to look after the bridge. During that month a warrant for the apprehension of the treasurer was applied for. Was present during the whole of the audit for 1874, which took place in January and February, 1875. There was a deficiency of over £370, which should have been in the bank or prisoner's hands That has not been accounted for to the society. The £370 should have been paid into the bank, less £2O, pursuant to the rule. James Taaffe deposed that he assisted in auditing the accounts for 1874 with Thomas Napier, the last witness (Harper), and another member named Howell. The audit showed a deficiency of over £370, which ought to have paid into the bank to the credit of the Lodge. The prisoner left Christchurch whilst the accounts were being audited. The auditors had met to audit the accounts several times, and, as the prisoner's books and papers were not forthcoming, the auditors had to direct the secretary to get

them. Prisoner received no stated salary, but in 1873 the Lodge presented him with- a donation for his services. Cross-examined —Neither the treasurer no his books were at the audit, and so they had to instruct the secretary to go for them. Prisoner had attended the audit on other occasions. After deducting all moneys on every account there was a deficiency of £/?70. Chief Detective Feast deposed that he received prisoner on his arrival from Auckland in custody. Prisoner was treasurer to the Oddfellows' Society. Witness traced prisoner to Melbourne and Sydney. Prisoner told witness that he had been to the Fijis, and said that he should have come back to Christchurch had he not been arrested in Auckland. This closed the case for the prosecution. Mr Joynt said that he did not intend to make any defence. His Worship said that he should commit the prisoner for trial at the next session of the Supreme Court. On the application of Mr Joynt, the Bench stated that the prisoner would be admitted to bail, himself in £2OO and two sureties in £IOO each.