MAGISTRATES' COURTS.

Globe, Volume V, Issue 556, 30 March 1876, Page 2

MAGISTRATES' COURTS.

♦ CHRIST/CHURCH. Thursday, March 30. [Before G. L. Mellish, Esq., R.M.] Absconding from Bail.—Arthur Edward TJpjohu, who had been committed for trial for bigamy, but admitted to bail, was brought up charged with absconding from his bail. Detective Neil deposed that he arrested prisoner yesterday on the warrant produced at the Caversham Hotel. Fredk. Piper deposed that prisoner was bailed on the 10th January last, and witness was one of his sureties. Up to last Friday morning prisoner had been living with witness. Prisoner told witness last Friday that he would go away and leave witness to pay, and witness was afraid he would not appear to his recognizances. It was witness' wish to surrender prisoner, as he had lost all confidence in him, as he went on the "spree," and had been drinking heavily. W. B. Clarkson, prisoner's other surety, said that he had reason to fear prisoner would not appear. Pie had been drinking a great deal lately, and witness feared that he would not appear to his recognizances, anel therefore he wished to surrender him. The prisoner said that he never intended to go away, and never led anyone to believe so. The Bench committed the prisoner to await his trial. Illegally on Premises. —John Hood was charged with being illegally on the premises of Daniel McGuinness, Forester's Arms Hotel. It appeared that defendant was found in the coachhouse last night, and refusing to leave he was given into custody. The defendant said he hacl been in the hospital, and having taken a few half pints of beer he became intoxicated. The Bench dismissed defendant with a caution. Robbery from a Store. —Dennis Cullen was charged on remand with breaking into and stealing from a store belonging to Robt. Dearsley, at Halkett. It appeared that the prisoner had attempted*to pawn a pair of boots at Mr Cohen's, who sent for the police, and prisoner was taken into custody. Prisoner said he had got the boots at Leeston, afterwards he said he had obtained them at Timaru. Mrs Dearsley deposed that on the evening of the 1 Sth of this month prisoner asked her for a " shake-down," and she gave him leave to sleep in the stable. Prisoner went out to the stable at 11 p.m. Next morning the window of the store was found broken, and the goods inside scatterect about. The glass of the window was broken sufficiently large to admit a man. The putty of the sash had been cut away with a knife, and the glass then broken away from the frame. Witness had missed 3 bars of soap, 31b candles, a quantity of tea and sugar, 5Mb tobacco, 14 tins sardines, a packet of matches in tix boxes, lib lollies, a loaf of bread, and a lump of cheese, some bottles of sauces and pickles, a new tea-kettle, 4 pairs of boots, and 2 pair of leather leggings. She could swear to the boots produced as being one of the pairs taken from witness husband's store. About £8 worth of property had been taken from the store. Witness' son was the first person who entered the store when tbe robbery was discovered. Alfred Morgan, son of the last witness, gave corroborative evidence, and identified the boots as the property of his father-in-law. Moritz Manheim, assistant to Mr Cohen, pawnbroker, Colombo street, proved that the prisoner brought a pair of boots to pawn which answered the description of some boots that had been reported as having been stolen from a store at the Halkett. Witness detained prisoner, and went for the police. The prisoner after being duly cautioned saitl that he bought £5 worth of clothing, and the boots amongst it. He could never has r e brought away suuh a cargo of things as had been spoken of by Mrs Dearsley. He never committed the robbery. The Bench committed the prisoner for trial at tbe Supreme Court.

Cruelty to a Horse.—Alfred Smith was charged with having on Kith March wilfully harrassed a horse. Sergeant Wilson deposed that he saw defendant driving a horse with a sore shoulder in an omnibus. Defendant was further charged with having on 13th January committed a .similar offence. The Bench lined defendant 103 on the first information and "20s on the second. Not under Control.—Thomas Sheridan was charged with leaving a horse and vehicle not under proper control, and was fuv'-d 10s. A charge against John Tetley for a similar offence in High street was dismissed.

Obstructing Footpath. —J. W. Crothers and James Crothers were charged with obstructing the footpath in High street by allowing a quantity of cloth to remain there on. Constable Stephens deposed that the goods remained on the footpath from 9.30 a m. to 1. p.m. Mr Crothers said that the obstruction was so very litte it could hardly be called an obstruction. The Bench dismissed the information cautioning the defendants. CHIMNEY on Fjkk.—John Atkinson was charged with haying a chimney on fire ia

his house in the Whately road. The defendant was fined 10s. Breach of Public-house Ordinance. — Thomas W. Baugh, of Collins' Hotel, was lined £5 for selling liquor and keeping his house open during prohibited hours. Chas. Truckle, landlord of the Albion Hotel, with selling liquor on Sunday, the 19th March. Mrs Buckingham, of St Albans, said that »he obtained two shillings worth of brandj from defendant on representing that her husband was ill with dysentery, and the brandy was required for medical purposes. Her husband was ill. Mr Thomas said that in such cases as the present it was the duty of the publican to supply drink. Inspector Buckley said that the house was well conducted. The Bench dismissed the information. John Carl, of the Empire Hotel, was fined £5 for a similar offence. Driving without Reins. —John Farland was charged with driving without reins on the Lincoln road, and was fined 10s. Pursuit op Game,—W. Wei bourne, W. Blackley and F. Cass were charged with having on 16th March, trespassed in pursuit of game. The defendants were found with others on Templar's Island, with dogs, in pursuit of rabbits. The defendants said that they did not know they were trespassing. They were fined 20s each. Assault.—John O'Malley was charged with assaulting a boy named Paul, on 19th March, Mr O'Neil for complainant. Mr Thomas for defendant. It appeared from the evidence of the complainant's witness, that the defendant had struck the boy in the face and made his nose bleed. The defendant deposed that he hit the boy lightly for throwing stones, the boy attempted to run away and fell down, Mr Mellish said it was a trumpery case to bring into Court at the same time he believed the the child had been struck, but not heavily, the bleed' j ing at the nose was occasioned by the fall. Defendant would be fined ss, and costs 6s 6d. Samuel Paul, the boy's father was then charged with using abusive and insulting language to Bridget O'Malley. The case was dismissed. The defendant was next charged with using abusive and insulting language to John O'Malley. The defendant was also charged with assaulting John O'MHlley Tbere appeared to have been a fight between the parties, and the complainant convulsed the Court with laughter by saying that he fought under protest. Mr .Mellish said tbatnodoult Paul was to blame. He would be fined 10s on the first information, and 20s on the second. Horses and Cattle at Large.—The following cases were dealt with: —Robert Macpherson, fined IO9; Job Horrel, fined 53: Robert Hazard, fined 53; J. T. Dingle, fined ss; F. J. Williams, fined ss; J. S. Buxton, fined ss; W. Neighbaurs, fined ss; Thomas Murphy, fined ss; Lewis Daw, fined ss; James Carter, fined 10s ; Alfred Simpson, fined 10s; Julia Clark, fined ss; A. M-Taggart, fined ss; Reuben Butcher, fiued 10s; Samuel fined ss; C. T. Dudley, fined ss; 11. Turkington, fined ss. Illegally Bescuing Sheep.—Samuel Nutt was charged with having, on the 21st March, illegally rescued five sheep which were being driven to the pound, Mr O'Neil appeared for defendant. John Brook deposed that on the day named in the information he was driving five sheep to the Lincoln Pound, when defendant came up and rescued them. Cross-examined —The sheep were trespassing on a reserve in witness's occupation ; the land was not fenced all round. Several sheep were trespassing on the ground, and witness made an attempt to mark two of the sheep, which defendant prevented. One of the five sheep was a ram. Had driven the sheep ten or fifteen chains when defendant <ook them. It was four miles to the Lincoln Pound. Defendant put two dogs on to the sheep, and they drove the sheep away. The sheep had eaten the feed ; they had done no other damage. Defendant said, "If the sheep have clone any damage, I will pay it." A witness named John Toby proved that he saw Nutt send the dogs and drive off the sheep which were on the reserve. Brook's son brought some marking stuff. Some of the on the reserve went back into Nutt's paddock; the others Brook drove away to the pound. For the defence the defendant stated that Brook sent for him and said that he offered to pay for any damage the sheep had done. The sheep had gone out of his paddock on to the reserve rented by Brook from the Government. Brook was worrying the sheep by driving them about. A witness corroborated Brook's statement. Mr O'Neil submitted that there had been no illegal rescue. Brook had attempted to take two sUeep. which he claimed and attempted to brand, and finding himself foiled in this, he had, as an afterthought, driven the sheep to the pound. Mr Mellish said no doubt a breach of the lawhad been committed, and the defendant would be fined in the minimum penalty of £5. Affiliation. —William Thomas Hobbs was charged with neglecting to maintain the illegitimate child of Belinda Sweeney, of which he was alleged to be the father. Mr Wynn Williams appeared for the complainant, and Mr Thomas for defendant. It appeared from the evidence that defendant had already contributed towards the support of the child. The Bench ordered defendant to pay 10s weekly for the support of the child. ASSAULT. —Thomas Aldrich was charged with assaulting Houston Curlett. Mr Thomas appeared to support the information, and Mr O'Neil for the defence. The parties were coachbuilders, employed at the same factory, and u dispute having arisen about the possession of a piece of wood, it wa-i alleged that defendant struck complainant and knocked him down. Mr O'Neil said he could not deny the assault, but it was of a very mild character, and these proceedings, he f ared,had arisen from jealousy. The Bench fined defendant 10.-?, and the expenses of three witnesses, 5s each, with costs. LYTTELTON. Wednesday, March 29. (Before W. Donald, Esq, R.M, and H. Allwright, Esq, J P.) Absent Without I eave —John Pigott, Oharlea Murphy John Barlewis, and Edward Whelan, seamen belonging to the Rangitikei, were charged on remand with this offence. Accused were sentenced to one week's imprisonment. Insulting a Female.—John Pigott and Charles Murphy, seamen belonging to the Rangitikei, were charged with this offence Edward Grant sworn, said —I am an ordinary seaman on board the ship Himalaya. On Friday evening, about half-past nine o'clock, I was escorting a youg lady from the Gladstone Pier to Lyttelton, when we met two seamen ; one of them said j

to me, "Is that Mies Wallace." T replied, " Find out." They then tnrned round ; one of them tried to catch hold of the young Ipdy, and the other assaulted me violently. They said they were seamen belonging to the ship Rangitikei, and that they had been in gaol. It was a dark night ; I did not see where they went. I believe that the prisoners are the men who committed the assault. I recognise them by their clothes and speech. Freds-rick Williams said—l am night watchman at the Gladstone Pier. I was on the Gladstone Pier on Friday night ; a number of men belonging to the Rangitikei came from town that night, and shortly after twelve (midnight) came down to the ship. I cannot swear that either of accused were with the men. It was very dark. Charles Newton said—l am night watchman on board the Rangitikei; about a quarter to eleven p.m. the accused, with several other men, came down to the ship. Some of the men went ashore again ; I cannot swear how accused were dressed that night, but I believe Pigott had on a black hat. Constable Daley proved that prisoners were recently in gaol, and that he saw them on the Friday night in Lyttelton. W. Ingston, a seaman on board the Rangitikei, said prisoners went froaa the publichouse to the ship on the Friday night without insulting anybody. They went aboard about a quarter to 10. Murphy was very drunk. I was in their company the whole time. John Rarlewis gave similar evidence. The Bench gave accused the benefit of the doubt, and dismissed the case. Embezzlement of Ship's Stobes.— j John Piggott and Charles Murphy were accused of the above. Mr H. N. Nalder appeared for the prosecution. Captain Scotland, of the Rangitikei, said that on the 19th he noticed a portion of the bulk head at the storeroom was broken away. He had the storeroom examined on the Monday, and found some cases of beer had been opened, and a portion of their contents stolen. M. McDonald, second officer of the ship, said on Sunday, the 19fch, he saw two men below in the 'tween decks, near the storeroom door. He then saw another man and a boy come out of the storeroom. The man who came out was Barlewis. He did not recognise either of accused. He went down and examined the storeroom and found the upper part of the bulkhead had been broken away. The men could get from the forecastle right aft by going along the 'tween decks. Bv accused —I did not recognise either of you at the time. By Pigott— Pigott was sick on Saturday afternoon and Sunday morning. Newland, a seaman, said he saw Barlewis, Pigott, and Murphy come up the forecastle hatch on Sunday about 6 p.m; the mate sung out, " Who is there between decks?" and these men ran up; it was about 6 p.m ; Barlewis had flour on his clothes. He never saw any beer in the forecastle; he never told Mr Gale, the third officer, that there was any beer in the forecastle. No one threatened to do anything to him if he told about these men; no one ever threatened to tie his hands and stab him if he told the truth. The steward of the Rangitikei said he saw a man come out of the storeroom on Sunday, 19th; he joined two men and a boy that were on the 'tween decks, and they went forward; he thought that Murphy was the man who came out of the storeroom. Charles Gale said he was third officer of the Rangitikei. Newland |came to him and told him that he knew the men who broke into the storeroom; that beer had been handed round the forecastle in hook pots on 'the Sunday ; he also told him that the men had threatened to tie his hands and stab him if he told about it. Newland recalled, still swore that he bad not told the third mate anything except that he had seen Barlewis, Pigott, and Murphy come up the hatch into the forecastle. The Resident Magistrate ordered Newland to be arrested, as he had evidently not told the truth. Mr H. N. Nalder having addressed the Bench, the Magistrate dismissed the case, as the identity was not clearly proven. Newland was then brought up and received a severe lecture from the Resident Magistrate, who then discharged him, telling him that as it was only Gale's word against his he would not send him for trial, but that he had strong doubts as to his veracity.-