MAGISTRATES’ COURTS.

Globe, Volume VII, Issue 769, 7 December 1876, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Thursday, December 7.

[Before G. L. Hellish, Esq, R.M.] Drunk and Disorderly, —Daniel Miller, charged with drunkenness, was fined ss. John Cleary, for being drunk, and damaging a cell door at the police depot, was fined 10s, and ordered to pay 12s damage done. Violent Assault. —James McGill was charged on remand with having violently assaulted Ellen Jordan, and caused grievous bodily harm. Inspector Buckley handed in a medical certificate, saying the prosecutrix was too ill to attend. Mr Izard, who appeared for the accused, applied for bail, and said his client had been refused bail when last before the Court on the evidence of Mrs Welstead, whom he was told had been drunk that night when the alleged assault was committed. Detective Neill called, stated that he saw the woman about a quarter to twelve that night. She w*s then lying on the sofa, and to his belief was drunk at the time. Inspector Buckley told his Worship that the assault took place between three and five in the morning. A man named Dodd called, stated that he was in the house that morning, and had to call up Mrs Welstead that morning to see what was the matter with Ellen Jordan. His Worship said that under the certificate of the woman’s present state and the character borne by the accused, he would not grant bail. Accused would be remanded until the 14th instant, to be brought up sooner if required. Effects of Drink. —A. W. Moss and J. F. Halliwell, who had been remanded for medical treatment, were brought up and discharged. Forcing a Money Order.— Hugh McPherson, _an employee on the Canterbury Railways, was charged on warrant with having altered a money order for £7 9s 7d, issued for his wages, to £9 9s 7d. When arrested by Detective Kirby accused replied that he was innocent. J. T. Frier, clerk in the Railway Accountant’s office, stated that on the 2nd instant he made out the order produced for £7 9s 7d from the pay sheet. The figure seven had been altered to nine since he made the order out. Thos. Swinton, locomotive foreman in the Canterbury Railway department, stated that he kept tally of accused’s time in the department, and made out the pay sheet of his department, which was afterwards copied in the accountant’s office. Accused was employed as labourer in the locomotive department. The entry in his pay sheet was as follows “ No. 72, H. McPherson, 212 days labour, at 7s per day, £7 9s 7d.” The pay sheet from which witness had read was handed by him to Mr Olliver, the cashier. W. C. Cronin, clerk in the locomotive department, stated that he received the money order produced from Mr Ollivier, Witness went round to pay the men. McPherson was not there when witness sang his name out. A lad who waa preseat took the oy

ticket. Could not swear io the amount written on the order at the time. H. J. Garland, the lad alluded to by last witness, stated that he was employed in same department as accused. Received the order produced from Cronin on Monday last; the amount of it was £7 9s 7d. Believed the order produced was the one. Since witness first saw the order the seven had been altered to nine. Gave the accused the ticket a short time on same day after witness received it. At the time accused took it he remarked that witness could not make more of the amount even if he turned the order upside down. In reply to the Bench, the witness said there was no possibility of the order being altered while he had it in his possession. No one had access to it. In reply to Mr Joynt, witness said he only had the ticket in his possession for a few moments. Witness looked at the amount while the ticket was in accused’s hands, and made the remark about turning it upside down. J. A. Turner gave evidence of having seen the last witness hand accused the order, which the latter showed him after he received it. Saw that the amount of it was £7 9s 7d. W. M. Ollivier, cashier, stated that he received the paysheets from the treasury. Received last month’s paysheet. From those sheets tickets are made out in the accountant’s office, and sent to his with the sheets. The tickets are sent out after being checked by him, Gave the whole of the tickets to Mr Oronin. The tickets would be made out for same amount as that on the paysheet. The amount of accused’s ticket according to last month’s pay sheet was £7 9s 7d. There was a ticket lor accused for this amount. After the tickets are issued each is signed by the holder of it, and personally returned by him, and the money is then paid. The ticket before the Court was brought to witness, but he could not identify the person who presented it. The figures on the ticket are exactly the same as when it was brought to him. The holder of the ticket was paid according to the amount now stated on the ticket, The difference between the amount of the ticket and pay sheet is £2. In reply to Mr Joynt, his Worship said he thought he would have to send the case to the Supreme Court. Mr Joynt said under the circumstances he would not examine the last witness, or address the Bench. In reply to his Worship Mr Ollivier said the pay ticket was brought to him on Monday last. No second application had been made by accused for payment of the amount of the ticket, nor had any complaint been made by him of the loss of the ticket. The evidence was then read over to accused, who reserved his defence, and was fully committed to take his trial at the next criminal session of the Supreme Court, On the application of Mr Joynt, his Worship said he would grant bail in two sureties of £75 each. Be-HeARING. —In the case Hankins v H. Hebden, heard last week, Mr Izard applied for a re-hearing, after which Mr Joynt was heard in opposition. His Worship declined to grant the re-hearing on grounds adduced by counsel for the complainant. Failing to support his Children.— B. B. Luscombe was summoned by S. A. Perrin with refusing to contribute towards the support of two children of which defendant is the father. Mr Williams appeared for defendant, and produced a deed in which complainant acknowledged having received £2O as a consideration. Complainant admitted having received money at various times from defendant, and he had supported her up to last Friday, His Worship said he would allow the case to stand over for a week, to see if some arrangement could not be come to between the parties. Protection op Earnings.— On the application of Mr Joynt, Mrs Pasche obtained a protection order against her husband, Daniel Pasche, on the ground that he is an habitual drunkard, and neglects to maintain herself and family. She did not require any assistance from him. Horses and Cattle at Large.— For permitting horses and cattle to wander at large the following persons were each fined fis David McKenzie, Bobert Eowan, Wm Mailings, A. Cowan, John Tetley, Thomas Wheeler, George Osbourne, William Harris, Henry Knowles, W. White, F. Chambers, Hugh Taylor, John Bade, H. Knowles, Jas Bosser, J. Bngifield, and Samuel Bennett, Luke Adams, on two informatious, was fined 10s. Wife Desertion. Mark Kaine was charged, on warrant, with having deserted his wife, Deborah Kane. An order for his wife’s support had been made against accused on 27th May last. He said that before he left town he took his wife to Mr Wilson, who would have over £IOO coming to his (accused’s) account, for some property which he had held, which he had desired should be handed to his wife, and he had wished that this money should be paid J to her. Prosecutrix said she had applied for 1 this money, and had been told that it was in Messrs Hanmer and Harper’s possession, and they would not give it up until something more about the property was known. Accused said he had also to see Mr Wilson about some other property in Bussell’s Flat for which he had not received a'.single shilling. He had left his wife both properties, had gone away without any money, and when he earned money at at Christmas it was his intention to send her some. His worship said he would let the case stand over until January next. Miscellaneous. - For breaking a horse within the city boundaries, James McDermott and Henry Perkins were each fined 10s. William Mailings, Samuel Needham, and William Wood, summoned for tethering horses in public thoroughfares, were each fined 10s. A charge of not being in attendance on his horse and cab preferred against William Nixon, was dismissed. Charles Heggie and George Smith, for a similar offence, were each fined 10s. Selwyn Davies, summoned for plying for hire on the Postoffice stand without a license, was fined 10s. For driving three horses across a footpath in Colombo road, David Houston was fined ss. Breach of Public house Ordinance J. S. Wagner was summoned for keeping open and selling drink in his licensed bouse, the Clarendon, during prohibited hours, Mr Wagner explained to the Bench that on November 26th a person who was then lodging at his hotel had asked some persons into the room set apart for the lodgers. When he was told they were there he went in and spoke to them, and having learnt that they were from the country, he permitted the barman to open the bar and supply them with one drink. He was under the impression that they had left the house, after this, and was very much surprised when he learnt they had not done so, and were there when Sergeant Wilson came in afterwards. If it had not been for this man who had

been living at the hotel inviting them inside, and that he had been told they came in from the country, he would not have allowed them to be served with a drink. His Worship said he was afraid that as the people had been allowed to remain so long, he would have to inflict a fine. Fined £5. Using Threatening Language. —James Dermott, charged with using threatening language to a constable, was fined 20s. Assault —John Stiles, a young lad, was charged with throwing stones at Mrs Mary Ann Sortao, Complainant and a witness gave evidence of the lad’s conduct on more than one occasion, and also of the language which he was in the habit of using, and seemed to be encouraged in the practice by his mother. The mother of the boy was in Court, and repeated language which she said complainant often used towards her, and which his worship told her fell very glibly off her tongue. Defendant received a reprimand from his worship, and was fined 10s, 9s costs, and 10s expenses of witness. Not Supporting His Wipe,— A case against Joseph Lloyd was adjourned for a week in the absence of the parties. Transfer of Licenses. Temporary transfers of the following licenses were granted:—Britannia Hotel to Green and McGuiness, Suffolk dining rooms to O. E. Paget,. Bast End Bestaurant to J. W. Smith.