MAGISTRATES' COURTS.

Globe, Volume VIII, Issue 1065, 26 November 1877, Page 3

MAGISTRATES' COURTS.

CHEISTCHUECH. Monday, November 26. [Before Gk L. Mellish, Esq., E.M.] Dbttnkenness. —Edward Stevens was fined 10s; John O'Brien, who had several times been before the Court lately, was sentenced to one month's imprisonment with hard labor. Two inebriates, who appeared for the first time, were fined 5s each. Miscellaneous. For driving cattle through the streets during prohibited hours, W. P. Turtonwas fined 10s ; Jacob Eodgers, for driving horses along a footpath, was fined 10a ; for being the owner of an unregistered dog for the current year, Eobert Harper was fined 20s; Charles Smith, summoned for tethering a cow in London street, Woolston, was fined 10s; John Taylor, for negligently driving on the Lincoln road and trying to ride over E. Berryman, was fined 20s and costs. Hoeses and Cattle at Labge.—Eor permitting horses and cattle to wander at large the following persons were each fined 5s :—J. Corkin, E. McKendry, E. Falloon. T. Hendley, GL Eastwick, C. Dalwood, Santry Domest, EL Wright, J. Horler, E. Toomer. Bbeach oe Sheep Act.—J. M'Beth was summoned for having thirty-five sheep at the Addington Saleyards without being branded with a registered brand as required by the Act. Defendant admitted the offence, and said the sheep were culls out of a number of sheep which had been shown at the Canterbury exhibition, and under the rules could not be branded. Mr Holderness, assistant sheep inspector, said he did not desire to press for a penalty in these cases. He had brought them merely as test cases, with the desire that the Act would not be infringed for the future. His Worship said that under the circumstances he would only impose a nominal penalty of one shilling, but defendant must take care for the future to comply with the Act. A similar fine was imposed in the following cases : —Wm. Jackson, 600 sheep; Eichard Burke, 70; Herbert Parker, 600 ; J. P. O'Callaghan, 800 ; Thos. Clarkson, 150; J. P. Jameson, 650; W. B. Clarkson, 120. Assaults. —Sarah Jordan was summoned for assaulting Margaret Griffin. _ The assault was shown to have been a very trivial one, and a fine of one shilling and costs was imposed. Archibald Hammill was charged with assaulting his wife, Sarah Hammill. Complainant stated that on the night of the 16th instant her husband came home, after being away for two days and two nights, and turned her and her son out, and cut her hand, which had to be dressed at the hospital. Detective Walker gave evidence of seeing complainant smash all the windows with her hand, after which she took up an axe and smashed the window frames and everything there was in the house. She bore a very bad character. Case dismissed.

Failing to Provide. —Thos. J. Wood was summoned for failing to provide for his wife and two children. Mrs Wood stated that her husband was in the habit of getting drunk and neglected to provide for herself and family. She would like to have a protection order. Defendant told the Bench that up to two months ago he had been a teetotaller for seventeen months, and he intended to take the pledge again. His Worship said that on that understanding he would allow the case to stand over for a fortnight. Throwing Stones. —Alfred Attwood, a young lad, was charged with throwing stones at a milk cart, causing the horse to run away, doing damage to the extent of 30s. Mary Ann Wright gave evidence of defendant's conduct, and said he was always in the habit of throwing stones at the cart whenever he saw her. She was serving a customer when defendant threw the stone. He also made use of very improper language to her sister. His Worship gave defendant a talking to for his larrikinism, and advised him to leave it off for the future. As the damages would be heavy, ho would not inflict a fine. Defendant would be ordered to pay the damages, £1 10s 6d, and 6s 6d. Breach of Pubuc-hocse Ordinance. — E. W. Thiele, licensee of the City Hotel, admitted the offence of having kept open and sold drink in the hotel on 18th November, and was fined £5. Creating a Nuisance.—R. M. Morten was summoned for allowing a nuisance to remain on property owned by him in Cathedral square. Mr Ifobbs, city inspector, stated that the nuisance; was caused through the drainage of the surrounding premises into Hli excavation. Defendant said taut the nuisance wa» created by a tenant thro win» Blinking fish into the cellar at night lime. Ho had given this person notice i:o dear out. Mr Hobbs said there was no place to drav away the liquids from the surrounding premises, and all the drainage went into thic excavation. Mr Morten told his Worship that he would endea-vor to have this nuisance remedied, and his Worship adjourned Unease for a week to see what steps were taken in the meantime.

Embezzlement. Arthur Von Poellni'z answered to his bail on the remanded charge of having embezzled the sum of £L belongi) g to the Canterbury Acclimatisation Society.

Mr G. Harper appeared for the prosecution, and Mr Joynt for the defence.—Before the witnesses were examined Mr Joynt complained of detective Walker haying gone to accused's lodgings and taken a private book kept by accused, and to his also having handed the book afterwards to Mr Parr, secretary of the society. This book he (Mr Joynt) required to enable him to consult with his client, and advise him, and it might, havo a very prejudicial effect on his client's case, as he (Mr Joynt) knew no more of the case now than on' Friday last, when accused sent for him. He had thus spoken to the Bench to prevent a repetition of such conduct by the police.—His Worship said he regretted that the police should not have retained the book in their possession, though it was not likely that it would have been tampered with by Mr Farr. Mr Joynt; could have a remand if he desired. Detective Walker, examined, gave evidence of arresting accused on Friday last. When arrested and told the charge accused said his conscience was quite clear. He afterwards asked witness to get the book produced which witness found in a calico bag in the bedroom which accused had occupied.—S. C. Farr, secretary to the society, gave evidence of accused having been employed a 3 curator at the gardens since June last. Verbal instructions had been given to the accused by the garden committee. His duties were to attend to the fish and everything in the gardens, and was to furnish the treasurer with a monthly account of the receipts and expenditure. The minute of accused's appointment was dated Bth June, 1877- He was discharged from the society's employ on last Monday.—ln reply to Mr Joynt, his Worship said he was unable at that stage to say whether he would be able to deal with the case himself or not.—J. P. Jameson, treasurer to the society, produced the July returns furnished to him by accused, and in his handwriting. His return was rendered to witness early in August. There was no entry in it for £4 for hares sold to Mr Porter. The return shows a balance of £1 19s 9d against the society, which was paid to the curator at the time. If there was any balance in favor of the society, it should be handed to witness at the time the return was handed in. Witness had seen accused's private book, and compared the July return with the entries in the book. In the book there were entries for four hares —£2 on the 24th, and two on the 28th July —sold to Mr Porter which had not been included in the returns,fumished by him. Witness had not received this money from the accused in any of the monthly accounts. Mr Porter had not paid witness for any hares sold to him.—ln cross-examination, witness said that as a matter of practice accused always paid the balance to witness individually at the same time he rendered the accounts, and never to anyone else. Accused had authority to use small amounts in hand for buying food for the animals in the gardens. In one case the society approved of the purchase of some poultry by the accused.—W. H. Porter, called,'stated that he knew accused. In the month of July last witness purchased a brace of hares from accused, and went up to the gardens for them. Paid £2 for the hares. Witness paid £2 to accused four days afterwards for two more hares. Mr Harper handed in a " Gazette" showing the Acclimatisation Society to be registered.—A case of larceny of £4 as a servant by the accused was then proceeded with.—Mr Farr produced the minute-book showing that on 31st July last, at a meeting of the society, accused was authorised to purchase some well bred fowls. He did purchase some. The account produced for £7 17s 6d was tendered by accused for fowls, which he said he had purchased, and a resolution was passed confirming the purchase at the meeting held on 31st July. Witness had seen a number of the fowls in the garden. J. P. Jameson deposed to accused giving him the account produced for some fowls, when he received the money to make the payment for them. Witness paid accused this amount when balancing the July monthly account. The balance coming to the curator was paid by cheque —John Eraser, called, stated that about July or August last he sold accused a pair of Dorkings for 255. He told accused he would lend the society some game fowls, and afterwards he agreed to buy a pair of game birds for the soceity, and witness charged him £3 for them. The curator and his assistant came for the birds. Witness had never received payment for the game fowls, but received the 25s for the Dorkings. Witness saw one of the game birds referred to on last Wednesday in the Gardens. Witness did not sell accused two Dorking hens for 15s. Accused bought three lots of fowls at different times.—ln cross-examination, witness said he understood at the time that accused was purchasing the fowls for the Society, at least that was the impression left on witness's mind. When accused was purchasing the game fowls, ho said his account with the Society would be very heavy that month, and he would be paid the first 'Tuesday in the following month, which would have been in August or September. Witness repeatedly asked accused for the money, but did not send in any account for it. Accused used to say that he had not got the money yet, but expected some from different source's.—Mr Harper said that, without closing this case, he would like to ask for an adjournment for an hour or so. After some conversation, it was decided to allow the case to stand over till the following morning, accused to be admitted to bail in same amount as previously.