MAGISTRATES' COURTS.

Globe, Volume IV, Issue 352, 29 July 1875, Page 3

MAGISTRATES' COURTS.

CHRISTCHUROH. Thursday, July 29. [Before G. L. Mellish, Esq, R.M., and J. Marshman, Esq, J.P.] Drunk and Illegally on Premises.— Jacob McGarry, charged with being drunk and illegally on the premises of J. Gair, was fined 10s. Travelling with an Improper Ticket. —Charles Stewart, who had been remanded on a charge of travelling from Lyttelton with a ticket of a wrong date, was again brought up. A witness stated that he had given the accused the wrong ticket by mistake, and he had since destroyed the correct one. Case dismissed. Breach of Borough Stage Carriage Bye-laws. Christopher Dalwood was charged with plying off his licensed route, and having no lamps on his omnibus. Mr J. Marshman called, stated that defendant had been engaged to drive Mrs Marshman and family to the Avonside entertainment on the night complained of. Defendant said that the vehicle he used on that night was not the one licensed for the Sumner road. Mr G. Gordon stated that the defendant had only one omnibus licensed. The charges were dismissed. Wm. Jordan, charged with careless driving at the railway station, and knocking a female and two children down, was fined 10s. Mat. Goodger was charged with carrying four passengers, or two more than his license permits. Mr Joynt appeared to prosecute, and Mr J. Gresson for defendant. Constable Hughes stated that on the night of the 15th of July he saw defendant take four passengers in his cab from the theatre. Mr Gresson contended that though the bye-law said two passengers might be carried, it did not say that more could not be carried, and it was a common practice for cabmen to carry three passengers. Mr Joynt held that the bye-law fixed 16 inches as the space for each passenger, and where space was stated in the bye-law there was no necessity for the Council fixing the number of passengers. Fined 10s. A similar charge was preferred against Albert Brown. Mr Joynt appeared to prosecute. Fined 10s. A case against Joshua Page, summoned for plying off his route, was dismissed, as Inspector Buddy said by an inadvertence the notice had only appeared in one newspaper. Two similar charges were preferred against John Barlow, and a fine of 10s inflicted in each case. Patrick Graham, charged with driving without a license was fined 10s. James Kearney, charged with having committed a similar offence, was also fined 10s. Wm. Hay ward summoned for not being in attendance on his cab was dismissed with a caution. Fighting in the Street.—James Reid and William Mclntyre, charged with fighting in Madras street on the night of sth July were each fined 10s and expense of witness. Breach of City Bye-Laws.—John Leo, charged with driving two vehicles and three horses on the 12th July, was fined 10s. A charge against John Watson summoned for obstructing the footpath with a box was dismissed. Keeping a House of 111-fame.—Fanny Lemon was summoned for keeping a disorderly house in the Windmill road. The evidence of Sergeant Kennedy and other witnesses residing in the neighborhood proved the offence, and that there had been a row in the house on last Sunday night. Fined 20s and witnesses expenses and strongly cautioned. • Unregistered Dogs.—For being the owners of unregistered dogs Chas McDowell (2) was fined 40s; James Hayes, 20s, and Donald McKenzie, 20s. Driving without Reins.—David Marshall, summoned for driving without sufficient reins, was fined 10s. Horses and Cattle at Large.—For permitting horses and cattle to wander the following persons were dealt with :—D. H. Christie (two informations), fined 10s ; Thos. Aldridge (three informations), 15s ; Patrick Sexton, ss; Stephen Murphy, ss; Wm. Bland, ss, and Wm. Davis, ss. Breach of Sheep Ordinance.—Wm. Parish was summoned for driving infected sheep on the hfghway between Spreydon and Templeton. Mr Wynn Williams, who appeared for defendant, said that he Ayould not deny the offence had been committed, but under the evidence which would be given he would ask that no penalty be inflicted. Mr Holderness, Inspector, proved the charge, but said that defendant had applied for permission to remove the sheep, which was not granted. Where they had been moved from was a perfect swamp, and if kept there they would have died if not artificially fed. Mr Williams contended that this was an exceptionally hard case, and had been referred to in the Provincial Council. His Worship said the offence was not a trivial one. He did not see how the Court could do other than inflict the minimum penalty, and as the money went to the Provincial Government, application might be made to them. He admitted the case was a hard one, and he with others had also suffered seriously. He must inflict the minimum penalty. a Fined £25. Breaking Windows.—Herman Fuhrman and L S. Wagner were summoned for breaking the windows of Isabella Murphy. Dr Foster appeared for the complainant, and .Mr Jameson for Mr Fuhrman. Dr Foster said that he had been informed that Mr Wagner had applied to the Bench the pre«

vious day to have the case adjourned, on the representation that he could find his witnesses by to-day. He was instructed tlw he (Mr Wagner), instead of looking for (hem that day wns away on a shooting excursion. His (Mr Warner's) application had been made without the sanction or knowledge of his client. His Worship said that Wagner had. in reply to him, rjosirively asserted ihat his witnesses were laborers, whom he could not find in time to have the case heard that day. If Dr Foster had been correctly instructed, Mr Wagner's representation gave the case a more Rerious aspect. Dr Foster would like Mrs Murphy's evidence taken that day, as next week she might be unable to appear. His Worship consented, and Mrs Murphy, who was called, stated she lived with her husband at the corner of Lichfield 'and Barbadoes streets. The house adjoining theirs was occupied by Mr Croker, under lease from her husband. On Thursday last she saw defendants in the house at four o'clock. Mr Wagner kicked at the door, and the glass cracked. Then he gave a second, and asked Major Croaker if " he would open the door now." The door was not opened, and she saw when the glass was broken some men rushed through it. At that time Mr Wagner came out to the footpath to her. To the best of her belief the men who went through were Fuhrmann's men. The men rushed through after Mr Wagner had broken the glass. She then asked Wagner if he was the bailiff. He said not, aud she then asked him if her husband had given him permission to bread down the house. He replied, •' No Mrs Murphy, but it will be all right." What was I to do when they owed £IOO for furniture I must do something. Mr Wagner then took his horse out behind the gateway, and then rode away. She saw Mr Fuhrmann put his pocket handkerchief round his hand and then put it through the window. Mr Wagner went away before the constable came. When he (the constable) came, Mr Fuhrmann was loading the carts with furniture. Major Croaker gave the men into custody, but the constable would not take them. The goods were removed. She saw nothing more. Her husband was away in town at the time She gave no consent to the house being broken open, neither did Mr Wagner ask her permission. They also took some rollers away belonging to her. She sung out to Mr Wagner and told him, but he took no notice. By Mr Jameson—Some of the men went through the door and some through the window. Could not say how Mr Fuhrmann got in, but it must have been through the window. When Wagner kicked the door the glass broke and fell down, and the men rushed in and opened the window, but she could not tell the name of the man who first went in. She saw Mr Fuhrman trying to go in through the window. She stood where she could see the door and window, but did not see Fuhrmann actually go in through it. Dr Foster, addressing the Bench, said tint Mr Wagner had been responsible for the furniture and for the rent of this house, which he learnt he had paid. This might have so incensed him that he acted at no British born subject would have thought of doing, as he must have been unaware that breaking into a house and removing furniture which had been sold, made him liable to be imprisoned for two years. So far as Mr Fuhrmann was concerned, as the evidence given did not implicate him as it did Mr Wagner, his client would be satisfied if an apology were given, if the damage done were repaired. Mr Jameson would ask that the case might be adjourned, to allow him to confer with his client. Case adjourned for a week. Dr Foster would like to observe that if Mr Wagner adopted a certain course before next week, he might ask the Bench to allow the case to be withdrawn, as the penalty incurred might possibly be a very serious one. Assault.—Johanna Quinlan was summoned for assaulting Mary A. Guy. This was a misunderstanding between neighbours, and his Worship dismissed the case. Application for Protection of EARNINGS.—An application by Jane Symmons, for an order of protection against her husband, Robert Symtnons, was adjourned for a week, to allow of enquiries being made. A similar application by Martha Rhodes, against her husband, John Rhodes, was dismissed. Failing to Support his Children.— The adjournel case against Anthony Ferrick, for failing to support his children in the Industrial School, was called on. Mr R. A. Colee said that defendant had made a payment of half- the amount due, aud had promised to pay more shortly. Case withdrawn. Wife Desertion.—John Skelton was charged with deserting his wife on the 10th July. The complainant stated that her husband had deserted her on that date, and had contributed nothing since that time towards her support. She believed he had left the province, and would ask ior an order of protection of her earnings; Order granted. LYTTELTON. Tuesday. July 27. (Before J. T.Rouse and H. Allwright, Esqs) Assaults. — Mary Barker was accused of assaulting Honora Davis. Honora Davis, sworn, said that on Tuesday, the 20th Julv, she came home about 8 p.m. and went outf-ide to fetch in a mat, when she heard Mrs Matthews and Mrs Barker abusing her ; she went up, an altercation ensued, and Mrs Barker violently assaulted her, using the most objectionable language. Mary Matthews said she saw Mary Barker push Honora Davis, but not strike her. Mary Barker denied the offence, and the Bench dismissed the case. Stephen Bailey was charged with violently assaulting John Skeet. John Skeet sworn said —That on Tuesday last he was at the Albion Hotel, and had a dispute with Bail< y about cooking. Bailey struck him several times, knocking one tooth down his throat, and loosening another. He then followed him outside and knocked him down twice. Francis Power sworn, said—l remember the evening of the 20th. I was passing the Albion Hotel about 6 o'clock that night, and saw Bailey knock down Skeet. Skeet got up, and after further altercation Bailey struck him again. Constable Wallace corroborated the above evidence. S. Bailey said that Jno. Skeet had come to an arrangement with him about the matter, and taken compensation; it was a sort of quarrel in consequence of the election. John Skeet denied that he had taken any money, but it appeared he had been in treaty with accused. The Bench said they must dismiss the first case, as evidently Skeet had compounded the matter; with regard to the second charge of committing an assault in the presence of a constable, that was clearly proved, and Bailey would be fined £5.

WONDERFUL FEAT OF ENDURANCE. At this moment, while the feat of Captain Boy ton, in attempting to cross the Channel in his life-dress, or close-fitting canoe, is the subject of much conversation, it may not be uninteresting to call to remembrance a long swim which -was most involuntarily assayed some forty years ago. The hero of this adventure was one of the crew of a yawl of Yarmouth, and the powers of endurance displayed by this man are certainly something to be remembered. It was on the 6th November, 1835, that the yawl went out to the assistance of a brig showing signals of distress, and in returning to the shore with nine souls on board was taken aback by a tremendous squall when about two miles off the Newark lightship, and immediately capsized. This happened about 6.30 p.m., and in about fifteen minutes the vessel and all the crew, save one had disappeared. That one named Samuel Brock, managed to get hold of an old rush horse collar, which had been used as a fender, and with.the slight support thus afforded he was able with his knife to cut away his oiled cloth overalls aud frock. His other clothing he kept on him, partly from inability to disencumber himself of it, and also because he feared he might become entangled in it and thus be drowned. The horse collar he kept by him for a time, but rinding it retarded his progress he threw it aside, and struck out for the Winterton High Light. Soon he was driven out of sight of this light by the flood and nothing remained for him to steer by but two stars which he had noticed, and which shortly afterwards became obscured by clouds, leaving him battling on the waters in utter darkness. Fatigue and hopelessness were weighing heavily upon him when the moon shone forth, and, urged to fresh endeavors, he succeeded in freeing himself of his shoes and made for the land, swimming over the Cross-sands ridge for Lowestoft High Light, going with the flood past the buoy of St Nicholas Sand and making for the Gateway. But the strength of the tide took him to the westward, and by the increasing roar he knew he was nearing Corton Sand, where a tremendous sea was running, through which he actually passed, through nearly exhausting the little life still left in him. Here he sighted a vessel, but when within two hundred yards of her she was caught by the ebb and was fast drifting away. His dispairing cries, however, reached those on board, who lowered a boat and ultimately picked him up. This happened at half-past 1 a.m. on the 7th November, when Brock had been seven hours struggling in a heavy sea at night, with a bleak northerly wind, during which time he had gone some fourteen miles. Such wonderful endurance on the part of a seaman, heavily clothed, must in fairness be said to surpass the recent attempt of crossing the Channel safely corked up in an indiarubber bottle.