MAGISTRATES' COURTS.

Globe, Volume V, Issue 544, 16 March 1876, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Wednesday, March 15. | (Before G. L. Mellish, Esq.) Re the Highway Boards Empowering Act, 1871, and Avon Road Board Election. —John Leaf Wilson appeared in answer to a summons calling on him to shew cause why he should not be adjudged by the Court to be ousted of the office of a member of the Avon Road Board, according to the provisions of The Highway Road Boards Empowering Act, 1871. Mr Joynt appeared in support of the application, and Mr Cowlishaw to shew cause. The summons had been issued upon the affidavit of William Horner of Papanui, which set forth—That on or about the 22nd January last, an election was held according to- the provisions of the Canterbury Road Ordinance, 1872, to elect two members of the Avon Road Board. That Albert Philpott, John Leaf Wilson, deponent and others were candidates at such election. That the returning officer declared the said Albert Philpott and John Leaf Wilson to be duly elected, and that the votes recorded for each of the three candidates were as follows : Philpott, 214 ; Wilson, 209 ; Horner, 199. That at such election the votes of certain persons were improperly received by the Returning Officer, such persons not having then paid all rates which they had become liable to pay under the provisions of the Canterbury Roads Ordinance, 1872, and contrary to the provisions of the said Ordinance. That in consequence of such votes having been so improperly tendered and recorded, the said John Leaf Wilson had been unduly elected, and contrary to the said provisions of the said Canterbury Roads Ordinance, 1872." After taking evidence and hearing counsel on both sides, the Court decided to go into the whole matter of the election, and adjourned the further hearing of the case to Friday fortnight. Thursday, March 16. (Before G. L. Mellish, Esq, R.M., and W. H. Pilliett, Esq., J.P.) Drunkenness.—Alfred Hubert Humphreys alias Edward Pierce, who was also charged with resisting the police in the execution of their duty, was fined 20s and cab hire 3s. Larceny.—Joseph Kinley was charged with larceny, in stealing a £1 note from the counter of the bar at the saleyards, at] the Biccarton Hotel. Prisoner on being apprehended admitted taking the note, and said that he did so because he thought it belonged to no person. The Bench sentenced the prisoner to one month's imprisonment with hard labour. False Pretences.—William James and John Crothers, brothers, were charged on the information of Fletcher Dixon, with having, on 7th March, obtained 7s 6d from him by means of false pretences. Mr Garrick app for the prosecution and Mr Wynn Williams for the defence. Adjourned to 3 p.m. for the attendance of Mr John Crothers, who was at Bangiora. Horses and Cattle at Large.—The following cases were dealt with :—J. Holt, fined ss; William Montgomery, case dismissed; A. McTaggart, ss; John Fox, ss; James Karney, ss; John Garland, ss; J. Percey, ss; G. Holmes, ss; L. Frigeaux, 10s (two cases) ; Edward Dench, ss; Thomas Johnson, ss; Henry Knowles, ss. Absent from Vehicle.—John Green was fined 10s for being absent from his vehicle in the street, whereby the horse ran away. Absent from Cab.—Daniel Howard was charged with being absent from his licensed cab. Case dismissed. John Miller, charged with a similar offence, was fined 10s. Railway Offences.—George Phillips was charged with committing a nuisance on two occasions on the Southern railway. Service of the summons was proved, but defendant did not appear. He was fined 20s in each case. Adulteration of Liquor. William Simmons was charged with having, on 28th January, sold one bottle of whiskey which was not pure. Mr Garrick appeared for the prosecution; and Mr Joynt, with him Mr Thomas, for the defendant. Constable Hughes deposed that on 28th January he went to the Warwick hotel, kept by defendant, and purchased a pint of whiskey from defendant's son, telling him it was to be analysed. Offered defendant's son the option of going with it to Professor Bickerton, but he declined to go. Witness sealed up the whiskey in his own envelope, numbered 16. By Mr Joynt—lt was drawn out of bulk and put into a bottle by George Simmons, who said when I told him it was to be analysed, "Oh you will find nothing but water in it." (Laughter.) I paid for the whiskey; the bottle was the property of Mr Simmons, whom I saw at the time. [Mr Garrick put in Professor Bickerton's appointmenf in the Gazette notifying the same, together with the Governor's approval thereof.] That is Professor Bickerton's handwriting. It is a certificate stating the whiskey to be adulterated with 28 per cent, of water. This closed the prima facie case. Mr Joynt submitted that there was no proof of Professor Bickerton's approval as local analyst by the Governor. The appointment by the Superintendent was on the 16th August, 1875, and the Gazette notice of approval by the Governor approved of an appointment made on the 12th of August. Mr Garrick submitted that it would be better to let the conviction go on the prima facie case and to raise the point of approval by the Governor on appeal. On examination Mr Garrick said ho would admit the error was fatal. He was told there was no confirmation of appointment of the 16th. That would apply to all the other cases. Case dismissed ; also informations—Pgainst Edward Hiorns, Central Hotel ; Elizabeth Fuchs, Wellington Hotel ; John William Oram, City Hotel; and J. Oram Shcppard, White Hart Hotel. Threatening and Abusive Language. —James Lougran, a constable, was charged with using abusive and threatening language to David McKenzie. The testimony of the prosecutor as to the exp.ession complained of was corroborated by an independent witness. Mr Mellish said he was afraid that the expression complained of had been used by the constable, who, however, bore a high character, which the complainant did not. Defendant would be fined 10s. Assaults.—David Thow was charged with assaulting Henry Stringer. It appeared that the quarrel first commenced with defendant's wife about something complainant was alleged to have said, and then defendant took a whip and gave complainant a lashing with it. !Ihe defendant said that he laid the whip abdjlit the boy's back for spitting in his wife's face, telling lies, and thus making mis-J

chief. Mrs Thow corroborated this statement, and complainant's sister stated that her brother was a very bad boy, and she had given Mr Thow permission to correct him. Mr Mellish said that the case was a trivial one, and he would dismiss it, as he believed complainant had greatly exaggerated his statement. William Goodwfn was charged with assaulting Louis Hamilton. Mr Joynt appeared for defendant. The complainant deposed that defendant seized him by the throat, and said he would choke him ; gave defendant no provocation, Believed that defendant thought that he (complainant) had something to do with burning down his stacks last year. A witness named Merton was called, who said that all he knew about the matter was that he saw Goodwin chaßing Hamilton across the road. Another witness named Thomas Garrett stated that Goodwin first asked Hamilton how he came to burn down the stacks, and Hamilton then called Goodwin " a liar," whereupon a quarrel took place. Did not Bee any assault or fighting, but they both struggled together in the ditch. Another witness named Parish and Mrs Hamilton gave corroborative evidence. For the defence the defendant and Robert Little, the landlord of the Ellesmere Arms were called. Little swore positively that Goodwin said nothing to Hamilton about burning the stacks, but Hamilton made use of bad language to Goodwin. The defendant admitted that he had spoken about the stacks. Mr Mellish 6aid that no doubt Goodwin waa to blame, the case was not however very serious. Defendant would be fined 20s, and costs 20s.

Neglecting to Obey an Order op the Court.—Henry O'Neil was charged with neglecting to obey an order of the Court to contribute to the support of his illegtimate child. Defendant said he paid £2 on the 11th March, and would pay another £2 in ten or twelve days. Case adjourned to the 23rd instant, to enable defendant to pay up.

LYTTELTON. Wednesday, March 15. (Before W. Donald, Esq, R.M.) Obscene Language —John McGowan was charged with using obscene language in the streets, and was fined 40s, or one week's imprisonment. The fine was not paid. Larceny.—Frederick Tyman was charged with stealing £7 from the person of one Richard Saunders. The evidence of Detective McGorman, the prosecutor, and Mr Cole, of the Lyttelton Hotel, was taken, and the accused, upon the application of SergeantMajor O'Grady, was remanded until next day, to allow of further enquiries being made.