MAGISTRATES’ COURTS.

Globe, Volume VIII, Issue 825, 13 February 1877, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Tuesday, February 13. [Before G. L. Mellisb, Esq, R.M.J Drunkenness. —Fredk. Pearce, arrested on this charge, was fined 10s. An inebriate who appeared for the first time was fined ss. Keeping a House of Ils-fame.— The adjourned case against Sarah Schmidt, for keeping a house of ill-fame off the Ferry road, was again called on. Mr Joynt appeared in support of the information, and Mr Slater for defendant. Mr Joynt told his Worship that he had been informed by the promoters of the prosecution that defendant had conducted her place in a very quiet manner since last before the Court; that they had since learnt that the drunken men who had broken their windows on the night complained of, had not come out of her house, and that the objectionable parties were about to leave the neighborhood. Mrs Schmidt had also promised faithfully that so far as she was concerned the neighbourhood should not be further annoyed Under these circumstances he would ask permission to withdraw the information. His Worship acceded to the request, but cautioned defendant that any further nuisance on her part would result in imprisonment. Using Abusive Language and Assault. —Patrick Ryan was charged, on summons, with having used abusive language towards George Hutchings on February 2nd. Mr Thomas appeared for the complainant, and Mr Loughnan for defendant. From the evidence it appeared that the parties are neighbors, residing on Shand’s track. Complainant, who is landlord of the Wheatsheaf Hotel, had on several occasions refused to supply defendant with drink. On the date in question Ryan called Hutchings over the road to him, and after abusing him, threw a gorse knife at him, threatening at same time to rip him open, and threw a number of stones. It was shown by the evidence of witnesses that defendant had been drinking heavily lately at his own house, and while so was always exceedingly quarrelsome, abusing the neighbors generally, and on the 29th May last had been bound over to keep the peace. Defendant, called, stated that he was cutting a fence on that morning with a gorse knife, when Hutchings came over to him without being called. They had a conversation about damage done by some of witness’s pigs, when he (Hutchings) picked up the gorse knife which was lying on the road, and as witness had got up a hogshead of beer lately, this had annoyed complainant, who, knowing he (witness) was bound over to keep the peace, had conspired with the witness Granger—who had been drinking—at the Wheatsheaf, to get him punished. Hutchings had struck witness a few days previously, for which he had been summoned. A witness, called, _ stated that he was present at the time, and did not hear defendant call Hutchings over, nor had he seen him throw the gorseknifo at complainant. An assault between the same parties, in which Hutchings and wife were defendants, was then heard. Ryan stated that on the 31st of January he went over to the Wheatsheaf, about damage done by his pigs to Hutchings’ garden and crops, when he challenged witness to fight, said he could fight any Irishman for three miles ronnd, struck witness in the eyeknocking him down, and while there Mrs Hutchings struck him with a broom handle and her husband kicked him. A witness, called, stated that he had seen Hutchings strike Ryan, but the latter had immediately before this been flourishing a stick over defendant’s head. Mr Thomas called Hutchings, who stated that on that day Ryan came over, and, after a conversation about pigs, flourished a stick over his head, and threatened to light him with one arm and one leg. He then struck him a blow, and in return witness knocked him down, and then lifted him up on his feet. While Ryan was down Mrs Hutchings wrenched the stick out of his hand, but did not strike him with it Witness had refused Ryan drink for a long time, and previous to that date had summoned him for the damage done by his pigs. After counsel had addressed the Bench, his Worship said that though Hutchings had received very great provocation, and Ryan seemed to be a nuisance to the neighbourhood, yet he should not have taken the law into his own hands. The case of assault would however be-*dismissed. In the other case a fine of ■ 40s and costs was inflicted on Ryan, and his Worship told him that it would be a very expensive job for him if any person forced • the penalty, against him for breach of the peace, as he had been bound over in the sum of £2O, which he might be called upon to pay. it would also be as well for him to know that under his bond he had no right to use abusive language to any one. “ Breaking a Door.— Henry Baker, summoned for breaking a door in Ryan’s house, admitted the offence, and was fined 20s, amount of damage done and costs.