MAGISTRATES' COURTS.

Globe, Volume VIII, Issue 820, 7 February 1877, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Wednesday, Feed dab y 7. (Before G. L. Mellish, Esq, R.M., and W. H. Pilliett, Esq, J.F.) Children. — William Joy and Henry Joy, two little boys of the ages of ten ami live years, were brought up under the Neglected Children’s Act, Sergeant Coleman stated that he went down to a house in Colombo road and found the children there without a particle of furniture, bed, or food in the place. There were no windows in the house, and the boys were in a filthy state. Witness had been told by the neighbors that they had been living in that state since Thursday last, on which day their father was received into the hospital, suffering from a noxious disease. He (the father) since his wife’s death had been lead' jngamost disorderly life. Ordered to be

sent to the Industrial School for five and seven years respectively, to be brought up in the teaching of the Church of England. False Pretences, John Cleary ana Hamilton Cooper were charged on remand with having obtained money by false pretences from the City Council. Mr om.is appeared for accused. Charles Hastie, re • called, stated that he had been employed by the Council to break stones. He was paid for his heap, and rememembered going to it with the Council’s foreman about a fortnight afterwards. The heap was larger and more spread, and had been levelled down since he left it. Cleary had broken about two yards of stone next to where witness had been working. In cross-examination witness said he could not say that any of the stone had been taken away. The heap was as big again, and had been disfigured and levelled down after he worked at it. In reply to the Bench the witness said that the heap was about twice the size. John O’Malley, working foreman to the City Council, stated that on the 13th January, witness in company with the city surveyor measured a heap of stones broken by the last witness on eolith belt, near Selwyn street. The heap measured Hi cubic yards. There were very few heaps there at the time. > > hen the heap was measured it was whitewashed and passed for payment. Both of the accused were breaking stones at this place both before and after the heap was measured. On the 20th of January witness and the surveyor were asked by accused to measure a heap, which contained twenty-one yards, and this they did audit was passed for payment. From something that had come to his knowledge, he took last witness to the heap, pointed out to witness and the surveyor by accused as theirs, and for which they had been paid, and witness found that this was the heap for which Hastings had been already paid, only it had been considerably added to and levelled down. None of the stone from this place had been removed by the City Council since then. In cross examination, the witness said he was in the habit of whitewashing the heaps all ■over. If the lime was fresh the whitewash would last for a long time ; if not, it would be washed off perhaps by a single shower. Though taking Hastings with him to identify the heap he knew the exact position it was in. Two men, working long hours, would break twenty yards of stone in a week. There had been other heaps measured up for these men during that week. In re-examination witness said he was certain the men could not have mistaken the heap broken by Hastings for their own. Mr C. Walkden, city surveyor, gave evidence of having measured and passed a heap of stones for Hastings on 13th January. It contained 11J yards. On the 20th January measured a heap of stone at request of accused, which measured 21 yards, and passed a voucher for same. Believed at the time that accused had broken the stone, else he would certainly not have given them a voucher. -Did not know of himself whether the voucher had been paid. In crossexamination witness said that ho could not positively say that any of the stone for which Hastings hadjbeen paid was contained in the heap which witness had measured for accused. There were a number of other men working on the belt at the same time as accused, but none so near Hastings’ heap as the accused. It would be nearly impossible for two men to work over a heap of 11 yards without the fellow workman knowing something of it. The witness O’Malley re-called stated that other men were working a distance of half a chain and less from Hastings’ heap. Henry Murray, clerk in the town clerk’s office, stated that he paid accused £3 13s 6d on 23td January, for 21 yards of metal broken by them. In cross-examination witness said the money was paid to Cleary, but could not say positively that Cooper was there at the time. Paid Cleary for Cooper on this occasion, as the voucher was made out as “Cleary and Cooper.” Had never done so before. Made some remarks at the time about thepartnership. The difference between H-J cubic yards and 21 would be £1 13s 9d. Mr Thomas called a witness who stated that Cooper was not breaking stones on the belt for four days after the 13th January. Witness had been working near Cooper, and three other men were also working near the place. No men could commence working on a heap of stones containing 11 yards without their fellow workmen knowing of it. After Mr Thomas had addressed the Bench, the charge against Cooper was dismissed, and Cleary was sentenced to one months’ imprisonment with hard labor.

Disobeying an Order.— John Beanfill was charged on warrant with having disobeyed an order of the Court to contribute towards the support of his wife and family. Accused had been arrested at Ashburton, Where he said he had a contract with others tying. Mrs Beanfill stated that she had not received any money from her husband a long time, and had received charitable aid for the twelve months. There were £9 15s arrears due. Fined £5, in default one mouths’ imprisonment with hard labor.

Conspiring to Defraud. —Agnes Brown and Ellen Stokes, two married women of respectable appearance, answered to their bail on the remanded charge, with having conspired to defraud to obtain goods from Mrß. Cass, draper, Christchurch. Mr Joynt appeard for the defence. Inspector Feast said the third person had not yet been arrested and he would ask for a further remand. Mr Joynt told the Bench that he was prepared to prove that the charge was a very trumpery and groundless one. His Worship—But some of the property has been found in the possession of one of the accused. Mr Joynt s id not, the only property found had been a small piece of tweed, of a common-place p ttern, which had been found worked into a pair of boy’s trousers, among some goods that had been been purchased at Mr Cass’s shop, and, because Mr Cass had tweed of the same pattern, he believed it belonged to him. He (Mr Joynt) was prepared, by independent evidence, to prove that Mrs Brown had this piece of tweed with her on board ship during the passage out. The real cause of the present action was that Mr Brown had given a cheque to Mr Cass which had had not been paid. Mrs Brown was residing with her friends* at Kaiapoi, and Mrs Stokes was the wife of a railway employe, and it wa* very hard that a charge of this nature should be hanging over them for so long a time. Ho had hoped that the case would have been gone into that day, and under the circumstances, would ask that the defendants should be admitted to bail on their own recognizances. His Worship said be supposes there would be no difficulty in obtaining the names previously accepted, and he would do this, and further remanded the case for eight d»ya,

LYTTELTON. Wednesday, February 7. [Before W. Donald, Esq., R.M.] Lunacy.— Thomas Carroll, arrested by Detective Pmith, was charged with this offence. From evidence given it appeared that accused had been loafing about Lyttel ton for some time, and that he had been co victed several times for a similar offence Accused was remanded for forty eight hours to give him. an opportunity of leaving town. Lunacy from Drink. —Wm. Browning, remanded from Ashburton, having fully recovered, was discharged. Obtaining Money on False Pretences —Phillip Cater Newington on remand was charged with this offence. The following additional evidence was taken -James Swinbourne D’Bmden, sworn, said—l am a clerk in the Onion Bank of Australia, Christchurch. We have no advices of any credit in favor of Yiscount Maidstone or Phillip Cater Newington. Our advices from England are as late as November ; they may ba later. Ido not know accused. This concluded the case for the prosecution. The accused requested an adjournment for a day, in order that he might obtain legal advice, Mr Nalder having given up the case. The Bauch granted an adjournment till Thursday.