MAGISTRATES' COURTS.

Globe, Volume IX, Issue 1220, 31 January 1878, Page 3

MAGISTRATES' COURTS.

CHRISTCHURCH. Thubsday, Jantjaby 81. [Before G. L. Mellish. Esq., R.M.] Labceny.—Frederick Lane was charged with stealing a spade, the property of Mr Thomas D. Triphook, surveyor. The prosecutor stated that he resided in Gloucester street. On or about the 10th instant missed a spade from his premises. The spade produced was the same ; identified it by the letter T cut in the handle. Yalued it at 7s. Did not not dispose of it or authorise any person to take it—George Dell, laborer, residing in Peterborough street, deposed.* to buying a spade from occiued about last Friday fortnight, of Colombo bridge. _ Met accused on the bridge, and he asked witness whether ho would buy a spade. Witness told him he didn't mind, and accused then went into Sheriff's yard close by and brought it out. Gave accused 3s for it.—Both the prosecutor, the last witness, and Mr Slater told his Worship that they had known Lane for years, and they never knew him to be guilty of a dishonest action. —Accused said that at the time he had been drinking heavily, and really did not know what he was doing. He Jjwas now off the drink altogether, and intended keeping so.—His Worship said he would treat the charge as a first offence. Accused would bo sentenced to one werk's imprisonment with hard labor.

Wounding- a Hobse. —The remanded case was called on, against Alexander Flemming, for wounding a horse belonging to Thomas Mears, contractor, Caledonian road. Mr Joynt appeared for the presecution, and Mr Thomas for the defence.—Mr Thomas told his Worship that the only evidence against his client was his own evidence, and, from what he could learn, it was tho wish of the prosecution to withdraw the charge.—His Worship said that, as it was an indictable offence, he would not take tho responsibility of allowing the charge to be withdrawn at that stage.—The evidence was then proceeded with. —Mr Joynt called Thomas Mears, who stated that accused lived in North Colombo road, from twelve to fourteen chains from witness's place. Accused had a vegetable garden attached to his house. Witness rent od a section from the Church, adjoining accused's ground. Thero was a bad kind of fence between the sections —three rails and only two rails in some places, formed of battens. On the night of Saturday, the 19th instant, some of witness's horses were sent, by a mau named John Elkm, up to the section. When tho man went in a top rail was down in one portion of tho dividing fence. Four horses were put in tho paddock that night. Next morning discovered that one of the four horses was wounded. When witness last saw the horses on Saturday night they were all right. On the i'o,lowing morning (Sunday) witness went up to the paddock for the horses, about a quarter to half-past six to bring them in to feed them. Three were in the paddock and one on the road. Accused came to witness when he was crossing over. He asked if the horses belonged to witness, aud was told they did. He said they were in his garden all night, and witness said he should put up his fence. He then pointed to the bay horse and said he had struck it with a spade. He did not say %vhy he had struck if, but witness supposed it was for being iu tho garden. He said he was in a passion at the time and was vexed for doing it. Witness then drove the horse to where accused was standing. Called accused to look at the wound, and he did so. He then wanted witness to go and look at the garden. Witness did not examine the wound, and sent the horse down to Mr Kiopm m. Also told Flemming that he would look to him for the damage done to tho horse. There was a cut. on tho horse's side, and it appeared as if blood had been flowing down the shoulder. The wound was fresh and gaping, about an inch in width. Accused wanted witness to have it sewn up. The wound was where the back chain would go across the saddle. Only an axe or a sharp spade could have inflicted the wound. The spade produced would cause such a wound. The cut was ftill bad, and likely to be so for some time. The horse was a five-year old haavy draught horse, and witness refused £<J(J for the animal about two months ago. The horse was not a lively one likely to hurt himself. —Flemming wanted to settle the matter a few days ago, and told witness that ho did not think lie would have brought tho case so far—By Mr Thomas: On the Sunday morning Fit mining came to meet witness and told him he hud struck the horse with a spade. Believed the expression was he " hit" the horse, and was sorry for it. He said ho wus in a passion, as the horses were in Ids garden. Would not undertake toswear that accu.-ed did not say he threw the spade, and it happened to strike the horse. He didn't fay anything when witness said he would look to him for the damage done to the horse. Witness did not go to look at the garden.—Johu Elkin, carter, in tbo employ of. tUe prosecutor,, g»ve evidence °i having put

four horses belonging to his employer into a paddock next to accused's place on Saturday right, 19th instant, between (5 and 7 o'clockDid not notice the condition of the dividing fence that evening. Witness had driven the horse since injured that day, and he was all right when lie' put the animal into tho paddock. He was a slow quiet draught horse. Heard Mr Flemming tell Mr Mears on Tuesday last that he didn't think he would have put him to that trouble, and that he would jget nothing from him. —Deteclive Walker deposed to going to accused's premises on tho 29th instant. Produced a spade which he got in accused's garden. There was no other spade about there. The dividing fence was formed of three posts and battens, and a top panel of one portion was down. Witness saw a number of horses' hoof-marks in the garden. This was all the evidence.—Mr Thomas, addressing the Bench, said that so far as the evidence had gone there was nothing, he thought, to show that malice was intended by accused, and that it was necessary to send the case for trial. There had been no concealment on the part of Flemming, and the wound might have beoii the result of mischance. —His Worship said he would have to send tho case for trial, though he was of the opinion that a different course might have been t:iken. However, since the present course had been preferred, be was compelled to send it forward for the consideration of a jury. The depositions having been read over, accused reserved his defence by advice of his counsel, and was committed to take his trial at the next criminal session of the Supreme Court. On application, his Worship said he would grant bail in two sureties of £25 each, and accused in £SO.

Bkeaking into a Dwelling. John Nixon was charged on remand with breaking into a dwelling in the Windmill road belonging to A. T. Jardine. Mr Slater appeared for accused. —Prosecutor stated that he left his house about 8.45 ou the morning of the 29th inst. The windows and front door were locked, and the back door was fastened with a thumb latch. Returned at a quarter to eleven that night, and found that the latch on the back door had been wrenched off, and one panel of the door kicked in. Somebody had been to the cupboard, and a door cage was taken off a nail and broken. There was a lot of paper strewed about the floor, and several things had been moved from their places, but nothing had been taken. Knew accused for about nine months. He was a tenant of witness's. The damage done would amount to about 7s. In cross-examination witness said that he was aware that accused had been drinking heavily for some time past. In reexamination witness said that accused had used threats to him, but ho was drunk at the time. —Mr 3 Lumb, residing next door to prosecutor, deposed to seeing accused at the back of Jardine's house about five o'clock on Tuesday last. Witness's attention was attracted by the dog barking, and she asked accused to go away or the dog would bite him. Afterwards saw accused kicking at the door and forcing it with his two hands. After he had forced it in he went inside and closed the door after him. He remained in tho house about three-quarters of an hour playing with the dog and sending it in'and out. Witness then sent for a constable, and when accused heard he was coming he went away. In crossexamination witness said that accused was under the influence of drink at the time. Accused lived in that house about nine months ago.—Mrs Louisa Vine, residing with last witness, corroborated the evidence given by Mrs Lumb. —Constable McKay gave evidence to arresting accused, and also as to the state of prosecutor's house when ho went inside. When arrested accused denied being near the place, but afterwards admitted being in tho house. He was under tho influence of drink, but sensible.—lnspector Hickson desired to withdraw the charge of breaking into a dwelling, and would amend it to section i>'2 of the Malicious Injury to Property Act.— Sergeant Wilson, called, detailed the damage done to prosecutor's place. —Mr Slater addressed the Bench, asking his Worship to deal leniently with the accused, for the sake of his wife and family.—His Worship said ho could not overlook the breaking into the man's house. Accused would be ordered to pay 5e for damage done, and have fourteen days' imprisonment with hard labor.