MAGISTRATES’ COURTS.

Globe, Volume VI, Issue 645, 13 July 1876, Page 3

MAGISTRATES’ COURTS.

CHPISTCHUEOH, Thursday, July 13. [Before G. L. Hellish, Esq, K.M., and G. L. Lee, Esq, J.P.j Pbunk and Pisorp'erlv.— Ellen Jordan, an old offender, was fined 20s; Joseph Broadley, charged with being drunk and resisting the police, was fined 20s ; Alex. Smith, for drunkenness and using improper language, was dned 10s. Larceny. —H. W, Crowe, Lite station master at Doyleston, was charged on warrant with having sold a male monkey, which had been lent to him in February last by Thos. Wheeler. Mr Joynt appeared for the accused. Accused, when arrested at Prebblctou, had told the constable that he had purchased the animal for & L from the prosecutor. P. Moss called, stated that he purchased the money, now in Court, on the (ith July, from the accused at Doyleston. He ga- e him £3 for it, Mr Crowe said at the time time that he had considerable expeerience with monkeys, and that the one he purchased had come from Mauritius. Thomas Wheeler, cabman, called, stated that the wire round the neck of the monkey in Court was similar to that which was round the neck of the monkey which he had in February last. The monkey was also similar to his. He lent it to Mr Crowe. Had applied to him for it since. He was to go for it. this week. Had never authorized accused to sell or dispose of it. Valued the monkey at £B. By Mr Joynt—l lent it to accused at my place on the South town belt, . Mr Crowe and a Mr Borrett came in to my place. The . former fancied the monkey, and wanted to buy it. Told him I would uot sell it for anything, aad

then he asked me to lend it to him, and that he would toachjhim several tricks. Mr Crowe then left £1 on the table, which I afterwards put into my own cash box. Mr Crowe did not say anything about 10?, and only left the £1 for compensation in the event of the monkey dying. Mr Crowe told me that I could have the monkey back any time I liked to send for it. He (witness) went out first A o unchain the monkey, and when he returned he found the £1 on the table. I knew who Mr Crowe was. I spoke to him last week and told him I thought he had had the monkey quite long enough. He then said he had bought the monkey, and 1 (old him he did nothing of the kind. Told Mr Crowe I would give him the £1 back again, and he said, “ Come up yourself for the monkey, and then you can return me the money.” David McKenzie, called, slated that he resided with the last witness in February last. Thought he could recognise the monkey in Court as the same they had had at the house. Was present when the monkey was taken away by Mr Crowe. He (Mr Crowe) came in with another gentleman one day and asked if the monkey was for sale. Wheeler said he would not sell it for anything. After some persuasion Mr Crowe asked him whether he would not lend it to him for a little time, as he had had considerable experience with monkeys, and had dressed them up as soldiers, and taught them various tricks. The monkey was not sold to Crowe, nor was there anything said at the time about selling it. Crowe said he would take it, and return it in a little time. He also said he would leave a £1 as a kind of compensation if anything should happen to the monkey, but Wheeler objected to take it. Was quite sure that Wheeler distinctly refused to sell it, and was quite positive that nothing was said to lead Mr Crowe to believe that he was purchasing it. Among other things elicited in cross-examination, the witness said that the monkey was rather mischievously inclined, and had nearly pulled a tablecloth off with a lot of crockery on it on one occasion. Prosecutor had purchased the animal for £1 ss. Mr Joynt told the Bench that he had sent for Mr Dickenson, connected with the railway, with whom Mr Crowe was staying on the day of the transaction, and he would state that that morning Mr Crowe had spoken to him about purchasing a monkey, and on returning from Wheeler’s place had told him that he succeeded iu buying it for £l. . Prosecutor, re-called, slated that he would not receive £1 from Crowe at the time; and it was placed on the table by him only as compensation in the event of the monkey dying. Accused was permitted to make a statement in the box, and said that in February last he was staying with his wife at Mr Dickenson’s, immediately opposite prosecutor’s house. He had seen the monkey there, and had expressed a wish to Mr Dickenson to possess it. On a Sunday morning he went to prosecutor’s house, and offered him first 10’, then 15s, and afterwards £1 for it. The two young men were in the room together at the time only half dressed, and one said to the other after he had made the last offer, “ Well, what do you say ? ” The other replied, “Do as you like.” Wheeler then consented to sell it, and he then p'aced the monkey on the table, and went outside himself and unloosed and took away the monkey. He was positive that neither of the young men came outside the house. He took the animal over to Mr Dickinson’s house and told him what he had paid for it. He was distinctly under the impression that he had bought the monkey, and had not left the £1 as a deposit. Some time afterwards, when the animal had broken a lot of crockery at his place, he would have sold it for 10s if he could have found a purchaser. After Mr Joynt had further ad» dressed the Bench, bis Worship said that the Bench were inclined to believe that Mr Dickinson would endorse what had been stated by Mr Joynt, but at the same time they, could not disbelieve the statements made by Wheeler and McKenzie. They were inclined to view the matter leniently, and to believe that Crowe, having placed the money on the table, thought nothing more would be said about it, and that it would be all right, Taking a lenient view of all the circumstances, the charge would be dismissed. Lunacy from Drink.— James Francis and Beuben Cook, who had been remanded on above charge was brought up, barfing fully recovered, were discharged. .Assault. —The adjourned case of J. Le Gallias against Christopher Dalwood for assault, and which had been adjourned last week for further evidence, was called on. Two witnesses, called by complainant, stated that ho (complainant) had been drinking. One had seen marks of blood where Gallias said Dalwood had struck him. His Worship said that no doubt an assault had been committed, though it had been proved that complainant had been iu an unfit state to do his work. Defendant would be fined 10s. Destitute Persons Belief Ordinance. —B. Jones was summoned for failing to contribute towards the support of his mother. Defendant desired to tell his Worship that be had contributed 6s a week towards her support up to the present time, Since his marriage he had taken her to his home, but she had such a violent temper that he could not bear with her, and bis wife had also suffered severely in consequence of this infirmity. He had two other brothers who had not rendered his mother the same assistance that he had, though having to contend with illness to himself and fami ! y. Complainant admitted that her son had contributed as stated by him. In reply to the Bench, defendant said that he was quits willing that an order should bo made on him for 6s a week. His Worship advised the complainant to lay an inforraa»ion against her other two sons, and the police would then take action in the matter, rrdor made for 6 J , to be paid weekly. Daniel Manhire was summoned for having failed to comply with an order of the Court for the support of his wife and family. Complainant stated that there was £4 os in arrears up to the 3rd July. Defendant admitted this, and stated his willingness to pay the money. He had declined to pay it only as the condition named in the order, of his being allowed to see the children had not been complied with. He had furnished a house for his wife, which she had since sold, and took the children away to Auckland, thus preventing him seeing them. He had been applied to, and paid their passage back from that province, and since his wife’s return obstacles had been placed in the way of bis seeing his family. His Worship said that defendant must be permitted to see the children, but the arrears of £4 5s would have to be paid, or in default one month’s imprisonment. Should he (defendant) not be allowed to see the children on applying to do go, the order would then, be altered,

Creating a Disturbance.—A charge of this nature against Robert Carr and Sobert Clark was adjourned for a week.' 1 Drunk xnd Breaking a Lock.— Frederick Pearce, charged with being drunk and breaking the lock of a parlor door in a room of the Rising Sun Hotel, wm ordered to pay the damage and be imprisoned for forty-eight hours. Transfer op License—A transfer of the license of the Foresters’ Hotel _ from Daniel McGuinness to William Be:ti, was granted. LYTTELTON. Tuesday, July 13. (Before W. Donald, Esq, R.M., and F. D. Gibson, Esq., J.P.) Drunkenness. —Margaret Allison was charged with this offence. R. Connal, the night watchman on the wharves, slated that on Wednesday night he found accused wandering about the railway line towards the tunnel. He brought her up to the station-house and gave her into custody. The Bench dismissed accused with a strong caution. Assault. —George Cobb, the carpenter belonging to the barque Ann Arrnytage was charged with assaulting the chief officer, Frederick Steinbridge. The Bench sentenced accused to twelve weeks’ imprisonment with hard labor. Civil Oases —Nalder v Barnett, claim £3 18s ; judgment for plaintiff with costs 10a, Pearson V M‘Arthur, claim £3 15s, board and lodging ; defendant was brought up under writ of arrest, and ordered to pay the amount forthwith, with costs 16s. Chriscophal v Husband, claim £5. Mr H. N. Nalder for plaintiff ; adjourned for a week. M'Keevor v Radcliffc, claim £9 11s lid. Mr H. N. Nalder for defendant ; judgment for defendant with costs.