MAGISTRATES’ COURTS.

Globe, Volume VII, Issue 734, 26 October 1876, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Wednesday, October 25. [Before G. L. Mellish, Esq, R.M.] Civil Cases. —Lunn v Hunt Club. This was a claim for £B3 for wages due, and damages for wrongful dismissal; £44 had been paid into Court by defendants. Dr Foster, instructed by Mr R. W. Fereday, for the plaintiff, Mr H. H. Loughnan for the defendants. From the evidence it appeared that the plaintiff had for some time taken charge of the hounds and been acting as huntsman for the hunt club, and ultimately, as the result of some negociations, had made a Joffer of the terms on which he would continue to serve them in that capacity. This offer, it was contended by the plaintiff, had been accepted by the committee of the club, and after some fencing by counsel the minutes of a meeting of the committee were put in in support of plaintiff’s contention, and were taken by the Bench as so far proving plaintiff’s case. On behalf of defendants it was stated that the plaintiff had behaved in an insolent manner to some members of the committee and had refused reasonable commands given by them. It was shown, however, that the only instance of refusal was on one occasion shortly before the commencement of the hunting season, when some members of the committee wished to take the hounds out for a preliminary trial, and he (plaintiff) had refused to allow this to be done, as the animals were suffering from the effects of a severe run two days previous Against this it was insisted that the hounds were only suffering from the fat condition in which the plaintiff had kept them. Mr Loughnan, for the defence, called several members of the committee, who stated that no agreement had been come to with the plaintiff. In addressing the Bench for the defence, Mr Loughnan contended at some length and with considerable ingenuity of argument that it was impossible to say that any agreement had been come to between the parties ; but even if there were, the circumstances detailed in evidence, formed an ample justification for the dismissal of the plaintiff. Dr Foster, in reply, insisted on the minutes of the committee as being entitled to the credence of the Court, in preference to the glosses put upon them by the different members of the committee, who had been called, and pointed out that at the time when the plaintiff was complained of for not taking out the hounds, the hunting season had not actually commenced, and the committee had no right, consistently with the agreement made, to give the order for taking them out. The learned doctor concluded by commenting in warm terms on the conduct of the committee in attempting to deny their own minutes, and claimed judgment for his client. His Worship thought that an agreement had clearly been made out, and though there might have been fault on both sides, the plaintiff should not have been dismissed without notice, and was, in his opinion, entitled to such damages as he had really incurred. After some discussion between counsel as to what had been proved by fact, his Worship gave judgment for the plaintiff for £JS 14s (in addition to the amount paid in) and professional fee, with costs. Stenning and Co v W. Merriman, claim £2 6s 3d ; judgment by default for amount and coats 9s ; J. O’Connor v J. Merson, claim £2 ; judgment for 6i 8d and costs 9s j F. Peiper v F. W.Wilson, claim 16s 3d; judgment by default for amount and costs 9s ; W. J. Stoupe v C. Madden, claim £2 3s 2d ; judgment by default for amount claimed, and costs 9s ; Thos Lee v Mrs S. Gow, claim £l2 19s Id; Mr G. Harper for defendant; judgment for £5 los 8d and costs 19s ; C. Sutton v J. 8. Wagner, claim £5; judgment for £5 and costs 14s; B. M. Mein v T. Hurt, claim £2 14s lOd ; judgment by default for amount claimed and costs 10s ; T, Toppin v A. Brown, claim £9 ; judgment by default for amount claimed and costs 23s ; J. T. Ford and Co v J. T Lincoln, claim £2O 16s; judgment by default for amount claimed and costs 25s ; J. Palmer v Mrs G. Miles, claim £32 Os lid ; judgment by default for amount claimed, coats 30s ; M. R. Ashwin v J. Hunter, claim £B7 15s 3d ; Mr Thomas for plaintiff, Mr Wynn Williams for defendant; judgment for £2O, and costs £6 Is. Thursday, October 26. [Before G. L. Mellish, Esq, R.M., and W, Deamcr, Esq., J. P. ] Drunk and Disorderly. —John Blyth, charged with being drunk at the railway station, assaulting the arresting constable, and damaging the cab in which he was being conveyed to the lock up, was fined 40s, damage done 2s, and Is cab hire; George Hawkins, for drunkenness, was fined 10s ; Jacob Cox, an old offender, was fined 60s, and cautioned not to appear again; and Charles Brown, 10s. Vagrancy. -James Kelly, who had been remanded on this charge to have the opportunity he asked for clearing out of town, and had been seen about half-past eleven the previous night following a drunken man, was brought up again. Inspector Feast stated that since accused was last before the Court he had been leading the same life as hitherto, and late on Wednesday night Mr Burmester of his hanging about near his shop after drunken men. Sentenced to one month’s imprisonment with hard labour. A charge of vagrancy against Henry

Danby was withdrawn, as it was stated he had left town.

Horse and Cattle at Large.— For permitting horses, cattle and sheep to wander, the following persons were each fined 5s : John Craddock, John Goodger, Alfred Mali, Timothy Shea, Patrick Howard, E. De Jersy, John Dollan, Benjamin Bulmer, G. Bastwick, John Miller, Thos Aldridge, Robt Beattie, J, Haughton, John Sharp, and James Payne. Keeping a House of 111 Fame.— A charge of this nature against Sophia Bates, for keeping a house of ill fame in the Ferry road, was adjourned until Monday, as defendant expressed her intention of leaving the premises. Miscellaneous Offences. A case against Henry Weaver for not being in attendance on his horse and cab was dismissed. Hugh Gibson, charged with riding furiously on the Lincoln road, was fined 20s. For driving without sufficient reins, Thomas Johns was fined 10s. J. O. Sheppard, summoned for allowing the lamp over the door of his licensed house to go out, was fined 10s, Elijah Gadd, on a similar charge, was fined 10s, A case against Ralph Davison, for being the owner of unregistered dogs, was dismissed.

Obstructing a Constable. —R. P. Hill was summoned for obstructing Constable Connell on the night of the 11th instant, by refusing to allow him into his licensed house, the British Hotel. Mr Thomas appeared for defendant. The witness stated that a little before 12 o’clock on that night he heard voices inside, and went to a side door of the house and knocked. A voice inside asked, “ Who’s there ?” And he replied, “ the police.” Witness heard a door unlocked, and after some delay the door he was at, was opened. He believed it was Mr Hill who spoke to him. When witness afterwards went round to the back he saw some men leaving the house. In cross-examina-tion the witness said that he was told that it was a person named Buston who had spoken to him, and that Mr Hill was upstairs at the time. Mr Buston, called by Mr Thomas, stated that it was he who spoke to the constable that night. He thought it was some person who wanted drink, and he told him he could not let him in. When he learnt that a constable was at the door he went for Mr Hill, who was upstairs, and he at once came down and opened the door. The bar was closed at eleven o’clock, and no drink had been served after that hour. A witness named Hammond gave similar evidence. Case dismissed. Cattle Trespass Act. —John McSeveney was charged with having rescued some cattle on the 15th, and pigs on the 18th October, from John |Gierschoski when he was driving them to the pound. Mr Thomas appeared for defendant. The parties are landlord and tenant, living at Rhodes’ swamp, and the evidence of complainant showed that the rescue had been exceedingly mild. An assault against defendant said to have been committed on the latter date was also heard. It was shown that defendant had pushed complainant, and a fine of 20s and witness’s expenses were imposes. The other charges were dismissed. Disobeying an Order.— Peter Temby was charged with disobeying an order of the Court to contribute 10s per week towards the support of his wife. Mr Slater appeared for defendant, and asked for an adjournment for a week, as an application affecting the custody of the child would be heard next Tuesday at the Supreme Court, and the result of that hearing might cause the order to be set aside. ’ His Worship said he would grant the adjournment to the 2nd November, it being understood that whatever the result might be, the complainant would be entitled to the arrears due up to date. Abusive Language. —Bllene Miller was summoned for using abusive language to Mary Ann Newton on the 17th October. Complainant repeated the words which she stated defendant had used on the day named, which defendant in her evidence said had been induced by Mrs Newton calling her s ‘ a dirty insignified cat.” (His Worship imposed a fine of 6s, amount of costa incurred, and said though defendant evidently had a bad temper he believed that both parties were to blame, and if'he heard anything more of this conduct he would bind them both over to keep the peace. Assaults. —J. W. Treadwell was informed against for having assaulted Grace Green on the 16th instant. Mr Thomas appeared for complainant, and Mr Loughnan for defendant. From the evidence of complainant it appeared that on the day named defendant, accompanied by a surveyor, went to her place; defendant was on her husband’s ground, and she asked him to leave. He refused to do so, and she pushed him, when he turned round and kicked her with his heel on the shin, inflicting a wound, from which she had experienced inconvenience afterwards. Her leg was bleeding when she showed it to some neighbors. She told defendant that she would allow the surveyor on her land, but she would not allow him. Complainant’s husband, called, deposed to having learnt that defendant had removed one of the pegs from his land. Some female neighbors, called, stated that they saw defen. dant kick complainant, and afterwards saw her leg bleeding ; Mrs Green had pushed defendant before he kicked her. The defendant called by Mr Loughnan, stated that on the day named he went down with a surveyor, and when standing near the peg on his own land, complainant, without asking him to leave, rushed at him like a bull at a gate. He turned round and caught hold of the Church Reserve fence, when she kicked, beat, abused, and lifted, him up. He put his fingers in his ears to prevent his hearing the language being used by complainant. He would positively assert that he neither kicked nor struck the woman. The witness then detailed some actions of complainant when he went down on the next day to serve a fencing notice; among others, her having threatened to strike him with an iron bar which she had in her hand, calling him a rascal, and accusing him of stealing her land. The wound on her leg must have been caused by her knocking his heels when he was holding on to the fence, and was lifted by complainant into the air. The evidence of Mr Pavitt, surveyor, and his assistant, who were called, went on to show that on the 16th they heard Mrs Green use abusive language to Mr Treadwell ; this was after the latter had been down to complainant’s place. Did not see any assault committed by either person. Complainant was not abusive to either of the witnesses. A cross summons between the parties for an assault committed on the 19th instant was then heard. After lengthy evidence had been given of a contradictory nature, his Worship considered the charges of a very trumpery character, and he would dismiss them all, Gases dismissed.