MAGISTRATES’ COURTS.

Globe, Volume XX, Issue 1408, 20 August 1878, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Monday, August 19. [Before G. L. Mellish, E-»q. R.M.,] 1 Deunkbnness. Henry Pascoe, agains' whom a previous conviction had beau recorded, was fined 20s, and ordered to pay la 6d cab hire.

Neglecting to Support.— Henry O’Neil was informed against for neglecting to contribute to support of his children in tho Industrial School. He did not appear, and a warrant was issued for his arrest. Wandering Horse. —S. Brooker was fined 5s for having a horse at largo in Colombo street.

Driving hound Corners. A charge against Alfred Brown was, at the request of the Mayor, withdrawn by the Inspector of Police. No Light on Hoarding. James Q-oss was fined 10« for this offence, which he admitted. Causing Obstruction. Q-oorge Trnsk was charged by 1 he railway police, under the Hackney Cab By-law, with causing an obstruction on the South Town Belt by drawing a handsome eab across the street opposite the railway station. William Alfred Nick, a barrister from England, here informed the Bench that he had been instructed to appear for defendant. He produced his English credentials, but informed the Bench that he had only lately arrived in Christchurch, and had not had time to go through the necessary formalities for admission to the New Zealand Bar. His Worship could not see his way to allow Mr Nick to appear. The constable stationed at the railway had laid the information, and was cross-examined by defendant to show that the obstruction was of a very trilling character, and was simply for the purpose of taking a fare. The Bench thought the charge under the circumstances ridiculous, aud dismissed the case. Wandering Cattle. —K. 0. M. Lewinand Charles Turner were each lined ss. 111-treating a Horse. —Frederick Peiper was charged with ill-using his horse. Alfred Wilson deposed to the ill-treatment, which consisted of dragging the animal by a rope attached to another horse. The rope was fastened by a slip knot round the animal’s neck, choking the brute, and, to the beat of witness’s belief, bursting a blood vessel. Defendant also struck the horse’s head. William Payne corroborated the previous witness. The animal was jibbing and fell down, and this had caused the tightening of the slip knot. Another witness gave similar evidence. For the defence, Thomas Cross deposed that the anima'

wns high spirited, and could not be got to start. After frying many other plans, that of attaching a rope was tried. There was a knot in the rope to prevent the mare being choked. Ho had seen the plan tried with successga hundred times in Dunedin. James Brown also gave evidence for the defence. The mare was hanging back on the rope. Defendant was fined 40s, and ordered to pay 15s witness’s expenses. Neglecting- to Support,—William Chapman was charged with not supporting his wife and two children. Ilia wife proved the charge, which ho did not deny. The Bench informed him that he was liable to six months hard labor. Inspector Hickson suggested that he might turn over a new leaf if afforded another chance. The Bench consented to adjourn the case for a fortnight. Registration Act. Francis James Smith was fined 20s for neglecliug to register the birth of his child.

Assault.—John Murphy was charged with violently assaulting Maurice Murphy. The parlies are not relatives. Complainant, a lad, admitted having thrown stones at some birds in defendant’s paddock. Defendant was under the impression that complainant had thrown stones at his horses, and he had assaulted the lad. The defendant was ordered to pay the costs, but, as the assault had been of a trifling character, was not fined.

Abusive Language.—William Smith was charged with using abusive and insuhing language to Henry William Atkins. Mr Thomas appeared for complainant, who detailed the particulars, which disclosed a very unsatisfactory state of things to have existed between the parties for two years, owing to the quarrelsomeness of defendant, Mr Izard appeared for the defendant. Several witnesses were examined for the complainant, and for the defendant, his wife. The case occupied a considerable time. Mr Thomas asked that defendant, should, instead of being fined, be bound over to keep the peace. Tho Bench ordered defendant to enter into his own recognisance for £2O to keep the peace for six months, and to pay costs, 28s 6d. Assault. —James Shorriff and Jacob Rogers were charged with assaulting Andrew Smith Mr Izard appeared for defendant, a tenant of defendant’s quarry at L insdown. Mr Harper appeared for defendants. Complainant deposed that he had taken tho quarry for a twelvemonth from last March. Ho had paid the rent each month. There was a written agreement, but it was not signed The rent was to bo £36 per annum. Defendant had put him off the premises. This was the assault. As the matter appeared to resolve itself into a question of title, the Bench Hold that it was not within his jurisdiction. Thomas Haslam wns charged with assaulting Ann Debeer, Mr Izard appeared for the complainant, and Mr O’Neill for the defendant. The defendant had come to complainant’s house and wished to see her servant, with whom defendant had at one time been living. While complainant was endeavoring to prevent him from entering her house, defendant struck her. Antonio Magaldo was called for the complainant, but deposed that ho had seen no assault. He had seen Mrs Dabeer faint. Mrs Magaldo deposed to seeing the assault. The defendant was examined on oath, and denied on oath having committed an assault. A good deal of irrelevant evidence was given. The assault appeared to have been a trilling one. Defendant was fined 5s and costs 10s.

Tuesday, August 20. [Before G. L. Hellish, Esq , R.M.] Larceny, —Arthur Gerald Manning, on remand, charged with stealing £IOO, the property of the Bank of New Zealand. George Foreman, constable at Auckland, deposed that lie was present at Auckland on the 12th inst., when prisoner Vas arrested on the warrant produced. The warrant was read to the prisoner, who said “ I took £IOO all in one day, and I afterwards told Mr Coster, the manager, so.” Prisoner said Mr Coster had sent him up to try and arrange the matter. Mr Garrick, who appeared for the Bank, here applied for a remand till Thursday. Prisoner was remanded accordingly. Deunkbnness. —A first offender was fined ss, and ordered to pay Is cab hire. Assault.— Robert Roberts was charged with an assault. Martin Simonson, manager of the Cheevers and Kennedy troupe, deposed that at the close of the performance at the Theatre Royal on Monday night Mrs Cheevers asked him to como out, as there was a man instiling her. Witness went out end found prisoner in the act of striking Mrs Cheevers. Witness endeavoured to expel prisoner, who struck at him two or three times. George Lingard gave corroborative evidence us to the violent conduct ef prisoner. John Gomerson, cabman, gave similar evidence. Detective Walker deposed to Mrs Cheevers complaining to him. Witness went after prisoner, and arrested him in a bedroom in Worcester street. Mrs Cheevers deposed that prisoner at about twenty minutes to fen came to the ticket office, put his arm round her neck, and, when she repulsed him, attempted to strike her. Prisoner said the whole occurrence was like a dream : he was the worse for liquor. His Worship remarked that that sort of dream sometimes was followed by an unpleasant waking, and fined prisoner 60s. Incendiarism. —John Reynolds was charged on remand with wilfully setting lire to a cerframe building, the property of Matthew Grey. Thomas Grey, son of Matthew Grey, farmer, at Templeton, deposed—My father owns a farm at Yaldhurst. No one resides there. I visit it about once a week. The last time, about a week before the tire—which I believe occurred on the 26:h ult—l visited it on the 27 ult. There is a farm house on the farm, also stable and barn. There were about 1300 bushels of wheat in the barn. I found damage had been done to the shed to the extent of about £lO, and 360 or 400 bushels of wheat had been destroyed. The flooring had been burnt, and a little of the front wall. The barn door was locked when last I saw it. The stable was open. Nothing was kept in the stable. The building was, I believe, insured, but I am not sure. The wheat was insured. I never saw prisoner in my life. He has had no authority to occupy any part of the building. My father is at present confined to his bed. James Holmes, farmer, at Yaldhurst, deposed—l was out on my farm on Friday, the 26th July, between eight and nine o’clock in the morning, when I saw snmko coming from Mr Grey’s farm. I went there and found the floor of the barn all on fire, and the wheat coming out of the side of the barn where the bottom sacks had been burnt. I got assistance from the neighborhood. Seven of us saved all we could. I should think we saved about 900 bushels. About 400 bushels were rendered unfit for anything but fowls or pigs, being partially burned, I saw no stranger there. The plan produced is a correct plan of the building. The flooring boards and part of the wallboards on one side were destroyed. The barn is about eight or ten inches from the ground, upon piles. I told Mr Grey’s sons of She fire. Mrs Acqua, residing near MiGrey ’s farm, deposed—l know prisoner, who came to my house on the sth August, I think. It was four weeks last Thursday—July 25th. He came to me and wanted me to sell him a loaf. That was the day before the fire. I had not a loaf, but gave him a dinner, for which he paid me a shilling. He asked for a box of matches, but I bad none. Ho asked me if I had heard about eight or ten men being killed in Christchurch eight or ten months ago,’ in the war. He came to me about half-past eleven, and went away about a quarter-past twelve. 1 watched him out of the gate, and saw him go up to Mr Grey’s pl ac0 _ U p to the stable where I used to live some years ago. He entered the gate of the paddock in which the stable stands. I could not see him go any further. Ho bad no swag. I have not seen him since till I saw him here yesterday. John Ryan, farmer, of Yaldhurst, deposed, that a man had come to his yard looking for a job one night. Could not say that prisoner was the man. George Acqua, labourer, identified prisoner as'having been in MrGr y’s stable on Sunday evening before the fire, also on Tuesday before the fire. Prisoner had asked witness for tobacco and matches, bub witness could give him none. Prisoner also asked whose farm it was and witness told him. [Prisoner here said “I have never seen the old nigger till I saw him in the yard.” _ The witness is a coloured man.] 'William

McDavitt, labourer at Upper Riccarton, deposed that he had identified prisoner, at the police station, as the man who was with him in Mr Ryan’s paddock one evening, the 24di July. Prisoner was looking for a job, and had no swag. When he left he wont in the direction of Mr Grey’s. Witness had assisted in putting out the fire. Edward Lewis, labourer, deposed—Prisoner came to rny house on Sunday before the fire, and, after having meat and tea, wanted mutches. I told him to bo off, and ho went into Mr Ryan’s paddock. I followed him and told him there was no road there. He said ‘‘l am going to yonder barn” (Mr Guy’s). Witness was one who helped to pub out the fire, The fire could not have easily been ignited. It had been started from the outside the barn bad to be broken open by those who extinguished the fire. James Holmes, recalled, deposed that in his opinion the fire had originated from outside the building, in the north-west corner, near the open stable. Detective Benjamin deposed : I visited Guy’s farm on the 31st ult. At one place, where the walls are burnt away, as shown on the plan produced, the fire had evidently come from the inside. I received a description of a man who had been seen about there a day or two before the lire. When I arrested prisoner I charged him with setting fire to Matthew Guy’s barn at Y'aldhurst. He did not seam to know the name Yaldhurst, ai d said “ What barn ?” I told him the barn he was sleeping in about, a fortnight ago. He kept saying “What barn?” as if he could remember nothing about it, I charged him with the offence because ho answered the description given me of the man who had been about the place. Inspector Dickson here obtained a remand till Monday next.

LYTTELTON. Monday, August 10. [Before Dr. Donald, R.M.I

Drunkenness.—Richard Roberts was fined 20s for the above offence.

Absent Without Leave.—Robt. Bailey, a seaman, was charged by Captain Berry, of the Australian Sovereign, wffh this offence, and sentenced to forty-eight hours’ imprisonment with hard labour.

Tuesday, August 20. [Before W. Donald, Esq., R.M.] Chimney on Fire. - Patrick Kcllohar, for having his chimney on fire in Donald street, was fined 10s and costa, 4s. Breach of the Peace—Wm. Kellv was accused of this offence. Constable Kenny stated he saw accused strike another man in the face on tho wharf on August 14th. There were a number of people present. Joseph Wolsely deposed that Kelly struck him in the face on the day in question. Tho quarrel arose with regard to procuring laborers to work s'earners. Accused was lined 40s and 7s 6d costs, a fortnight being granted for him to pay the fine in.