MAGISTRATES' COURTS.

Globe, Volume VIII, Issue 876, 16 April 1877, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. ,'' ■ ■< -^ Saturday, Avuil 14r% (Before Or. L. Lee and deßenzie Brcci, Esqs.. and Dr. Back, J.P.'s.) Sheep Stealing-.—The following evidence in the case against A. and R. Sharpe, for sheep-stealing, was taken after we went (o press on Saturday : —William Hutchinson, shepherd to Mr J. Bnibazon, further stated Accused's farm was about two and a-half miles from Mr Brabazon's boundary, and about eight miles from that gentleman's house. Both of the accused's stock run together, and witness did not know which was which. First saw the A. S. brand used on accused's sheep two or three years ago. Had never seen any other wool brand but that used on accused's farm, or by them. On the 6th of Anril there were various wool brands on some of the other sheep in the tlock. Had never observed any brand on their cattle or horses. Couldn't say whether the accused worked the different parts of the land, but Alexander Sharpe had one part he called his Robert Sharpe a part lie called his own. The house they live in is on the land Robert Sharpe calls Ins. Have not observed whether Robert Sharpe only works his own piece. Witness was round 'most of the fences on the 6th of April. They were good, no gaps but, gateways. The sheep generally sold by Mr Brabazon were four, six, and full mouthed. He never sold two tooth excepting crossbreds. Besides the ear ma:-ks witness knew Mr Brabazon's by their general appearance. In cross-examination witness said he had never received any notice of mustering from cither of the accused. In further reply to the Bench. witness said the loss of the sheep had occurred before the severe weather last shearing time. Witness was aware that it often occurred that when flocks were being mustered on the runs to be sent to town stray sheep belonging to neighbours were often, picked up accidentally, driven to the yards, aad sold by mistake, but?

notice was afterwards given of this mistake. John Brabazon was next examined at length. James Wellboume, farmer, at Yorktown, called, stated that he lived near accused's place and knew their farm well. Both of accused lived together, and witness had seen them f requentlv working together, sometimes m one paddock, and sometimes in another, but could not say on whose particular account they were working. Was at accused s farm in November last to fetch two sheep away and Alex Sharpe said the remainder of them belonged to him. Called Sharpe's attention at the time to one of Mr Brabazon s sheep. This sheep had that gentleman's ear marks, but his (Mr Brabazon's) wool brand was very indistinct This sheep also bore Sharpe's brand, which was very plain. The ring fence around Sharpe's farm was the best _in the neighborhood, and quite sheep-proof. Mr Joynt submitted that every tittle of evidence given that dav against his clients was perfectly consistent with the most entire innocence. He should be very much mistaken if the jury would, for a moment, convict on such evidence—that was, if he knew anything about criminal cases. Tf the Bench purposed sending the case for trial he would defer his remarks, and also calling any evidence, lhe Bench said thev would not be prepared to say what course thev might adopt until they had consulted together. After Mr Joynt had slightly reviewed the evidence, as affecting each of the accused individually, the Bench retired, and, on returning into Court, the evidence was read over. Defence was reserved, and each of the accused was committed to take his trial at the next criminal session of the Supreme Court, On the application of counsel, the Bench said bail would be granted to each of the accused in £3OO, and two sureties of £l5O each. Monday, April 16. (Before G. L. Mellish, Esq., K,M.) Drunk and Disorderly.—Marv Graham, charged with drunkenness, was fined 20s. Robert Mver, whe had been arrested on above charge, and admitted to bail, appeared in Court in a state of intoxication, and was ordered to be locked up for twenty-four hours for contempt of Court. Win, Warner was fined 40s, and Jacob Swanson in a similar amount. Four inebriates, who appeared for the first time, were fined 5s each, and another 10s. Drunk and Using Obscene Language. —Anthony Peter, for being drunk and using obscene language at the railway station, was fined 20s. Committing a Breach of the Peace John Turnbull, for striking a man in Colombo street on Saturday evening, was fined 10s. Protection Order. —Helena E. Wallace obtained an order for the protection of her earnings against her husband, Henry Wallace, late of Taranaka, on the ground of his habitual drunkenness. rßefore G. L. Lee, Esq., and Dr. Back, L J.P.'s] MiscELLANKors.—A charge against John Gear for driving across a footpath was withdrawn on the application of Inspector Buckley, as it was found that permission had been given by the City Surveyor. For furiously riding ahorse along Colombo street, Charles Turner was fined 20s. Thomas Havill, summoned for allowing his chimney to catch on fire, was fined 10s. Constable Armishaw stated that he saw a body of smoke and sparks issuing from defendant's chimney. In this case a Mrs Pearce, called by defendant, swore that she saw smoke issuing from the chimney, but no fire. She had observed this before and after the constable came to the house. Defendant's wife who appeared for her husband when leaving the Court, said that it was not justice that a constable's sole word should be taken against that of two respectable married women. William Nixon for furiously driving down Colombo street, was fined 20s, one of the justices remarking that he (defendant) " shouldn't drive a fresh horse." John Goodyear for not being in attendance on his horse and cab Avas fined 10s. A charge of a similar nature against Albert Brown was dismissed. Horses and Cattle at Large.—For permitting horses and cattle to Avander at lave, the folloAving persons Avcre each fined'ss :—S. Necdham, Mathew Allen, W. R. Parker, A. W. Sellars, B. Buhner, and H. W. Hammond. R. Beattie Avas fined 10s on tAvo informations. A case against J. Hull Avas dis-

missed. Bkeacu of the Public House Ordi-XANCE,-—Edward EavenhUl was charged with keeping open his licensed house, the Caversham Hotel, and selling drink during prohibited hours on 30th March. Mr Thomas appeared for the defendant. A witness named Hill, called for the prosecution, appeared in Court intoxicated, and was committed for twenty-four hours' for contempt. The case was adjourned until 17th instant. ASSAULTS.- -Michael Harrigan was summoned for having assaulted George Herbert, .ft Tai Tapu, on 24th March. Mr Joynt apfor defendant. It was shown by the evidence that complainant and another man had agreed to buy a cow From defendant's mistress if it were driven lo the Ellesmere Arras Hotel. On defendant taking it 1 there, complainant refused to purchase it, and on being remonstrated with, took liis coat off to fight the defendant, when the latter raised a driving whip and struck him on the head. The second man then came fqrward to assist his friend, and he also received a blow. Complainant and the qthu,r man immediately picked up stones and followed defendant into the hotel, but were prevented throwing them by the landlord. The Bench held that an assault had been committed, but expressed their doubt as to the truth of the evidence of complainant and his friend as to no provocation having been given. The ease would be dismissed. John Foster was charged with having assaulted William Walsh on the Fendaltown road on the night of 7th April. Mr Thomas appeared for defendant. The assault was shown to have been an exceedingly trivial one, consisting of a slap on the cheek on the road home, following after four glasses of brandy taken by complainant, one of which was admitted to have been hot, and their Worships dismissed the case.

LYTTELIW

Monday, April 16. [Before W. Donald, Esq., R.M.]

Drink and Fighting in Street.—Edward Imibcrth and John Lawrence, arrested l'v Constable Moutray, charged with this offence, each fined 10s, or, in dcfaidt, forty-eight hours'. Drunkenness.—Richard Dey, arrested by Constable Johnston, charged with the above offence, was fined 10s, or, m default, fortyoight hours'.