MAGISTRATES' COURTS.

Globe, Volume VII, Issue 716, 5 October 1876, Page 2

MAGISTRATES' COURTS.

Thursday, October 5. (Before G. L. Mellish, EBq, R.M., and Percy Cox, Esq., J.P.). Drunk and Disorderly.—Elien. Boyle, an old offender, charged with being drunk and resisting the police, and damaging the inside of a cab in which she was being conveyed to the lock-up, was sentenced to twelve months' imprisonment, with hard labor. Henry Fleming, charged with drunkenness and attempting to rescue the last prisoner, was fined £5. Marshall- Simmons,.for drunkenness, and. using obscene language, was fined' 10s. Wm. Tracy.,was fined,-JOs.* An inebriate, who had been arrested fox drunkenness, and failed to answer to his bail when liberated, was fined ss, and £2, for not answering to his bail. False Pretences.—John A. Craig was charged oh warrant with obtaining goods from C. P. flulbert by means of a valueless cheque, to the amount |of £5 lis (id. In reply to the Bench, accused pleaded guilty. He had missed the Melbourne steamer on which all his clothes were, and he had had money in the Bank at Dunedin. He was very sorry for having committed- the act, {Sentenced to three months' imprisonment with hard labor, fit

Miscellaneous Offences.—W, Strange, summoned for furious riding in Oxford terrace, was fined 10s; John Ponsford and Thomas Tillman, charged -with neglecting to keep a sufficient light on a hoarding in Cathedral square, were fined 10b ; Benjamin Gowan, for being absent from his horse and -vehicle on the North town belt, was fined 10s; Wm. Jordan, summoned for carrying an excess of passengers, was fined 10a; Charles Cruse, summoned lor obstructing the footpath at the railway with his cab, was fined 10s. Hobses and Cattle at Large.—For permitting horses and cattle to wander at large the following persons were each fined ss:—W. J. White, James Qilbrow, Patrick Howard, John Dolan, E. Campbell, John Judge, Joseph Sluiß, Henry Schafer, and John Baill. Breach of Publichouse Ordinance. John Mumford Was' charged with selling, beer on the 19th instant at the railway refreshment rooms, South town belt, without supplying other refreshment. Mr Wynn Williams appeared for defendant}* and said he would admit that two persons had received beer 'at defendant's . place on the day named, in Mr Mumford's absence, but he would like his Worship to hear the evidence, Constable Firman stated that about twenty-five ■ minutes past twelve that day he was in defendant's place when J. Begley and C. Ingram came in and each had a glass of beer. Did not see the men pay any money. J. Begley, called, said he and his friend had a glass of beer that day at Mumfofd's, for which he paid. had a small piece of biscuit with the beer. It was between five and ten minutes past' twelve o'clock when he was at defendant's place. It was Mumford's boy who served him with the beer. C. Ingram gave similar evidence, and said it could not be later than five minutes past twelve when he had, the beer. W. Bird, assistant, called by Mr Williams, stated that he served the two last witnesses with beer about five minutes past twelve on ftSaft day There were biscuits on the counter for persons to take with the beer, but he did not know whether they always partook of them, and he couldn't farce them down their throat. [After Mr Wynn Williams had addressed the Bench his Worship remarked that from what Bird said the practice seemed to be usual at defendant's place, and if he heard of any cases of drunkenness amongst the railway hands, it would be strong presumptive evidence that they had been supplied at defendant's place, and the license would be cancelled. Mr Wynn Williams — But there is another place of the kind at the other corner. His Worship was aware of that. Defendant would be fined £5. Improper Conduct in a Railway Carriage.—Thomas Hall, Charles Williams, and Wm Burnside, three lads, were charged with | misbehaving themselves in a railway carriage on the Lyttelton and Christchurch line, on the 17th ult. It was shown that the lads had been throwing biscuits at e«ch other, to the annoyance of the other passengers, and would not desist when requested to do so. Fined 10s each. Protection Order.—An order, protecting her earnings, was granted to Bosa Temby, against her husband, Peter Temby, on the ground of cruelty. Abusive Language.—John Foster was charged with using abusive language to W. Spence. Mr Izard appeared for complainant, and Mr Thomas for defendant. The case had arisen out of a previous case heard in Court between the parties. After hearing lengthy evidence, the Bench imposed a penalty of 10s, and 6s expense of witness. Creating a Disturbance —Harry Jordan was charged with creating a disturbance at Mr. Treleaveu's hotel, Seven-mile peg, on Monday evening, Ist October. Defendant had, with others, gone to complainant's place that night and created a disturbance because he was not supplied with drink. It was shown he waß under the influence of liquor at the time, and had also assaulted Mr Treleaven and broken a door, Fined £5, and damage dose f!•

til n 1.1 mil ■■- -.,... Assaulting a Bailiff—Alex McLean was summoned for assaulting John Lewis, a bailiff.. Defendant expressed very great regret * for his conduct, and pleaded that suffering from illness at the time, he had acted nnder irritation. Fined £3. Breach of Licensing Act.—The adjourned case of Joel Reid, of SpTingaton, for selling four gallons of beer in contravention of the Licensing Act, was called on. At the request of the Bench defendant handed in the 'license he had received from the Customs to sell not less than two gallons of beer, His Worship observed that he saw from the license that defendant was only permitted to sell duty paid liquors. Defendant said it had not been shown that the beer sold was not duty paid. His Worship told defendant be was charged with selling a certain quantity of beer, and it would be for him (defendant) to show that the duty had been paid on this beer. Defendant thought that this should be proved by those who had laid the information ; he could uofc be ex pected to commit himself. His Worship said certainly not, but defendant was there to defend himself. Sergeant Piatt told the Bench that Sergeant Wallace had asked at defendant's place for the production of the license tinder which the beer had been sold, and this had been refused. Sergeant Wallace called, stated that he went to defendant's bouse and asked to see the license. Defendant's wife said she would bed—- if she'd show it to him, and told him he was too d—— smart. Defendant said his wife should not be condemned unless all the circumstances connected with the request were : told. He would like to know whether the •witness asked in a loud voice in the middle of the road to see this license, or whether he went up to the door. Sergeant Wallace said he went as near the door as he could get on horseback. He did not know of himself what description of beer had been FoTd, but had been told it was beer. His Worship said the information had been laid for selling beer. So far aB the present case had gone, it would have to fall through for want of proof that the beer soldjOn this occasion was dntiable. At the same time, he would^ instruct an information to be laid under clause 136 of the Act, for defendant not producing his license when asked to do so. The license ) held by him (defendant) only permitted him to sell dutiable liquors, aud to enable him to sell all kinds of alcoholic liquors be would have to obtain a brewer's license, which could only be received from the Licensing Bench. Case dismissed. LYTTELTON. Thursday, October 'B. . ~ . (Before W. Donald, Esq., R.M.) Drunkenness Bobert Stevenson, arrested by Constable Johnston, charged with the above, was fined 10s or 48 hours. John Bplatt, arrested by Constable Moutiay, charged with this offence, was fined 10s. CrviL CASES.—Trustees late W. Murray v Barker, J. B, claim £l7 17a 3d ; Mr H. N. Nalder for plaintiff, Mr A. Thompson for defendant ;?■ after a lengthy hearing the Bench gave judgment for the plaintiffs, with Court costs 48s; solicitor's fee, £1 Is ; witnesses expenses, 15s. Same v Thiel, claim £1 15s lid ; Mr Nalder for plaintiff ; judgment for £4 6s lOd, with costs 10s; solicitor's fee, 21s. Same v H. T. Bowers, claim £8 5s 7d ; case ordered to stand over for a week. Same vH. Barker, claim £9 4s Bd; judgment by confession with costs. Same v H. Fisher, claim £2O 8s 9d ; judgment by confession with costs 17s, Same v W. Webb, claim £22 12s 9d ; judgment by default with costs and solicitor's fee.