MAGISTRATES' COURTS.

Globe, Volume VIII, Issue 818, 5 February 1877, Page 3

MAGISTRATES' COURTS.

* CHBJSTCHURCH. Monday, February 5. (Before G. L. Lee, Esq, and Dr Deamer, J.P.'s) Drunk and Disorderly. —W. F. Baker charged with being drunk and injuring some harness belonging to Mr Boag, which be bad used without permission, was fined ss, and ordered to pay 12s6d amount of damage done. Matthew Benjamin arrested for being drunk in a railway carriage, was lined 10s and Is cab-hire. John Kay was fined 60s and cautioned. Two inebriates who appeared for the first time were each fined ss. Vagrancy.—Andrew Heron was charged with this offence. From the evidence of Sergeant Wallace it appeared that accused

1 had for a few days previous been going round the Templeton district begging for drink, and had spout a week at Burn's store drinking heavily all the time. He had given himself up afc the police quarters on Satuaday night last, asking that he might be taken care of. He Avas then suffering very much from the effects of drink, but had since recovered. Discharged with a caution. Horses and Cattle at Large.—For permitting horses and cattle to wander at large the following persons were each lined 5s :—R. Falloon,R. Kirkwood, F.Chambers, W. McKay, A. Gunderson, T. JFalloon, J. Spensely, A. Williams, Mrs Blair, K. Ross, H. Moffatt (two informations), and ,W. Colan. Causing an Obstruction.— Charles Oswald, summoned for causing an obstruction in Hereford street, by allowing a house in course of removal to remain thereon during prohibited hours, was fined 10s. Neglecting to Keep a Light.-—William Prudhoe and W. H. Cooper, summoned for neglecting to keep a light on an obstruction, were lined 10s. Furious Driving.—Henry Dodd, a cabdriver, was summoned for driving furiously in Cathedral square, on the 19th of January. From the evidence of a witness it appeared that a cabman, in front of defendant on the stand, was hailed that day by a person at the Clarendon Hotel gate. Defendant also started off, and drove furiously to pass the other man, going, it was stated, at the rate of twelve miles an hour until, he reached the gate. Fined 10s. Breach op Licensing Act.—Edmund Burns, storekeeper, on Shand's track, holder of a wholesale licence, was charged on two iuformations with hsving sold a gallon of beer on 31st January. Mr Thomas appeared for defeudant. William Dixon, called, stated that on last Wednesday he was at defendant's house, and was settling up with defendant's wife for some ten gallons and three gallons beer and provisions they had previously had, Mrs Burns had told them that she would shout two gallons of beer when they settled up with her. He got the worse for drink, and could not say whether he had or had not paid for any beer that day. Ho remembered going to the Lincoln police station, but couldn't remember what he told the sergeant then. It was his impression that he did not pay for any beer but what they settled up for, the harvest lot. They had had beer, but Mrs Burns had shouted it. Charge dismissed. The other information of having supplied beer to John Fitzsimmonda on same data. Fitz simmonds called, stated that he, last witness and some oth> r men, had been harvesting in the district. On the 31st January, 1877, they were settling up at defendants place for a quantity of beer and provisions they had had during the time they were working. After paying £1 17s bis share of the account they had supper, consisting of bread, Balmon, and a quait of beer for which he thought ho paid Mrs Bums 2s 6d. Afterwards he paid her 3s for a gallon of beer they had. He was not the worse for liquor that day, and did not know that Mrs Burns had shouted two gallons of beer while they were there. Mrs Burns called by Mr Thomas stated that a J number of men who had been harvesting i near her place, came on the 31st Janu- i ary lo settle up. Her husband was away from home at the time. The last witness had tea and two boxes of salmon. Witness charged him 2s for the salmon and Is for his tea. He had no beer to driuk while taking his tea. Witness shouted a gallon of beer on two occasions that day, as she had promised, and did not receive any money for it. Fiizsimmonds had promised the men that he would Btand two gallons of beer for them, and went away without doing so. He afterwards told witness that lie had heard her toll them that he had gone away with his money in a matchbox. Other evidence was given that Fitzsimmons had been seen taking his tea that evening, that he had no beer with it, and that it was known when he handed Mr 3 BuM3 the 3?, that ono was for his tea and two for salmon. His Worship said that though the Bench were of the opinion there wa3 not sufficient evidence to convict, they had some doubts on the matter. The case would be dismissed, ASSAULT, —Thomas Quick was charged with having assaulted a lad named Alexander Dale on 26th January. Complainant stated that ho was in a cart at his place of work ; defendant told him to come out. As be did not do so quickly enough, the man struck him several times in the face and knocked him down. The assault was corro' boratcd by a witness named Partridge, who stated that the blows given by defendant had blackened the boy's eye. The lad had used aggravating and improper language to defendant. In reply to the Bench, defendant repeated the very bad language which the boy had used when told to get out; of the caTt. Hia Worship told him that, however annoying the language used, he had no right to take the law into hia own hands. The boy had certainly acted very improperly, and defendant would be ordered to pay 7s 6d costs of the case. Larceny of a Portmanteau.—George Black was charged with having stolen a portmanteau, the property of George Coatcs, from a railway van on the Lyttelton and Christchurch Hue. Mr T. 8. Duncan appeared to prosecute. Accused had been arrested on Sunday afternoon last on the Ferry road, by Constable Stanley, and told the constable that he must have made a mistake. He also said that he had put a portmanteau into the guard's van at Lyttelton. When taken to the Christchurch station he said that none of the portmanteaus taken out of the van and shown to him were his George Ooates, commercial traveller, called, stated that he was in Lyttelton the previous d3y, and landed about three o'clock from the Melbourne steamer. Had a portmanteau with him which was labelled. Went to the station to see that the boatmen had delivered all his luggage there. After seeing all was right, witness returned to the station to meet the six o'clock train, his luggage being then on the platform. While standing there accused lifted up a portmanteau belonging to witness, and he remarked to accused that it belonged to him, when he (accused) told him he often lent witness a hand there. Took his seat then in the railway carriage, and on his arrival at Christchurch found the portmanteau was missing. When witness mentioned the circumstance to the guard, he was told a man had asked for and taken out a portmanteau at the Opawa station. The portmanteau produced was witness's property, and the one that accused had in his hand when spoken to at the Lyttelton station. Wm Longdon, guard on the Lyttelton and Christchurch line, stated that accused placed the portmanteau produced and a bundle into the train at Lyttleton a little

before six o'clock. Accused afterwards wanted to take the portmauteau out of the van, and witness told him he could not. h&v, it before he got to Christchurch. Accuser* then said he wanted to get out at Opawo, and did so, Caking the portmantuau anc bundle out at that station. Witness opened the van for accused at this station, but th< man was pulling at the van door whe » witness wen t to open it. Gould not say that the label was on the portmanteau when accused took it away. When spoken to about it afterwards by witness, accused asserted that the portmanteau belonged to him, In reply to the Bench, accused said he had taken the article by mistake. There were two previous convictions for larceny against prisoner, and he was sentenced to six months' imprisonment with hard labor. LYTTELTON. Monday, February 5. (Before W. Donald, Esq., KM.) Drunkenness,—James Johnston, arrested by Constable Johnson, was discharged with a caution. Charles Brown, arrested by Constable Bullen, was fined 10.3. Obtaining Money upon False Pretences.—P. C. Newington, a passenger pe? ship Crusader, was accused of this offence. Mr H. N, Nalder watched the case for the defence. Detective (Smith said he had arretted prisoner on board the ship Crusnder on this charge on Saturday afternoon. On reading the warrant prisoner said, " I did not think Mr Campbell would have done that, and if I could get the money now could I settle it." Prisoner told me he;was the eldest eon of the Earl of Winchelsea. I then asked him if he knew Squire Rice of Dane Court, Chelmstow, Kent, and he said " no." I replied that was curious as Mr Rice was the father of the Earl of Winchelsea's wife. He gave his name as P. C. Newington on Saturday night. By police—l know the Winchelßea family and Viscount Maidstone. Accused is not Viscount Maidstone. H. H. Campbell sworn, said, I know prisoner; he was a fellow passenger of mine aboard the Crusader, from Gravesend; I first saw him at Gravesend. A few days after leaving Gravesend he came to me and said hs wanted to say something to me ; I went along the deck with him, and he then told me that, although travelling under the n»me of Newington, that was not his name, but that his real name was Lord Maidstone, and that he was the eldest son of the Earl of Winchelsea and Nottingham. I asked him what explanation he could give, and he said he had been very fast at homo and had been obliged to come aboard ; at the same lime, he stated he had aboard the ships three large chests in which were contained letters of credit for several thousand pounds; he also said he had in the hands of the captain two gold watches and a quantity of jewellery; he further stated that having left home in a hurry he was short of ready cash, and asked me to lend him some. I believed the story was true, and on the face of it I gave him that night 303. He subsequently got various sums from me amounting in all to £6 ss; besides this, there were several small sums, of which I kept no account. When the ship came, I went ashore with another gentleman named Mr Hopper, but could find no trace of any remittances for Lord Maidstone, either in Lyttelton or Christchurch. I gave prisoner the first 30s on October 29th. Prisoner told me to communicate with his father, the Earl of Winchelsea, and he would immediately send the money to mo. On the 29th October he told me that he would repay me on his arrival at Christchurch, where his letters cf credit on the Union Bar.k would be cashed. I swear that if I had thought him merely an ordinary passenger, and not Lord Maidstone, I would not have lent him the money. Tn my presence on moro than one occasion he signed "Maidstone" on several documents. Cross-examined by Mr Nalder—l took no acknowledgment from prisoner for sums advanced. He made no exception till a few days ago, when he said, " I did not owe him anything," I never told him that if he would admit owing me the money, I would not press the charge. No one was present when I lent him the money. John Richards, chief officer of the ship Crusader, sworn, said—l know both prosecutor and defendant. They were both passengers by the ship Crusader, from London to this port. I had charge of all luggage aboard the ship. All passenger luggage was stowed in the after hold except that in their cabins. There were no boxes addressed "Maidstone" on board, but there waß one ckeet aboard addressed "Newington;" it was a medium sized box, and was taken out of the after hold during the voyage. The box was opened about the end of November by the second mate. All it contained was a velvet coat, a pair of riding breeches, and a lot of empty paper collar boxes. There was nothing else in it. I knew the accused aboard as Mr Newington. [At this stage of the proaeeding the police applied for an adjournment till Wednesday for evidence from Union Bank. The Bench granted the request.]