MAGISTRATES' COURTS.

Globe, Volume XX, Issue 1460, 21 October 1878, Page 2

MAGISTRATES' COURTS.

CHRISTCHURCH. Monday, October 21. [Before Gh L. Mellish, Esq., R.M., and the Mayor of Christchurch.] Drunk and Disorderly. Three offender*' were fined ss, Bobert Dunn was fined 40s; Richard Boale, 40s; Richard Bell, 10s; William Wright, 60s. Louisa Ryan was sentenced to twelve months' imprisonment with hard labor. Profane Language.—David Thow was charged with making use of profane language on Saturday night in High street. The offence was proved, by the arresting constable and two witnesses, and a fine of 10s was inflicted. Obstructing a Constable.—Henry Newland was charged with obstructing Constable Harold in the execution of his duty. The offence was not of a very serious nature, and a fine of 20s was indicted. Illegally Travelling.— James Murdoch, for travelling in a railway train from Ashburton to Christchurch without a ticket, was fined 18s lOd, including fare. Indecent Exposure.—Robert Kingan was charged with indecent exposure on Saturday night, and also with resisting Constable Neil in the execution of his duty. The first offence was committed in Gloucester street, and afterwards in Chester street, shortly after seven o'clock. When taken into custody the prisoner struck the constable violently in the face, and he was assisted by two friends who came up at the time. The constable's evidence was corroborated by two witnesses. Mr Inspector Hiokeoo stated to

the Bench that the first offence with which the accused was charged was becoming so common that it was necessary to send out constables nightly in plain clothes for the purpose of checking it. He would ask that an example should be made of the accused under tho Vagrant Act. Constable Neil was recalled, and, in answer to his Worship, said the offence was of an unusually gross nature. Females were passing at the time, but he could not sav whether the prisoner was aware of it. His Worship said the fact of tho prisoner being under the influence ot liquor was no excuse, and ho had rendered himself liable under the Vagrant Act to imprisonment for twelve months. As there had been no previous convictions against the prisoner, and he had hitherto borne a good character, he would give him the benefit ot the doubt. Still indecency, both of exposure and language, was becoming so common, it was imperative that it should be checked. The constable had given his evidence very fairly, and had acted with great forbearance. For the drunkenness and resistance a fine ot 20s would be inflicted, and for the indecency he would have to go to prison for forty-eight hours' with hard labor. Lakcent.—Thomas Ryan was charged with stealing a suit of clothes, value £6, the property of James Clarke. At the request of the Inspector of Police tho accused was remanded to October 28th, to be brought up sooner if required. . Fobgeey and Uitebing Richard Davis, charged with forgery and uttering, was remanded until October 28th. Fubious Dbiving.—Richard Mills was charged with furious driving on October 11th. The arresting constable stated the circumstance's, which was further confirmed by two witnesses, and a fine of 20s was imposed. HOBSEB AND CATTLE AT LABGE.—The following fines were indicted for offerees ot this description :—Robert Beatty, ss; John Stevens, ss; Edward Vine, ss; Thomas Green, 5s ; F. Rdss, 10s ; John Miller, ss; James Lawler, ss. Chimney on Fibe.—Sydney Dick was fined 10s for allowing his chimney to take fire. Not Having a Hobse undeb Contbol Robert Bowler was charged with not having his horse under proper control, being at the time in charge of a cart. The evidence showed that the ruuaway was the result of accident, and the case was dismissed. Unbhgistebed Dog.—John Haskett was fined 20s for having an unregistered dog in his possession. Causing an Obstbt/ction George Simpson was charged with causing an obstruction on the railway line. Mr R. D. Thomas appeared for the defendant. Constable Johnson said that on the morning of October 3rd, between 9 and 12 o'clock, he saw a house removed from Hereford street and taken down to the railway line. The house came to a stand still when crossing and remained there, causing a train which came up to be put back. At 5 o'clock the obstruction was removed. The defendant said he took charge of the removal. He removed the house, which weighed about thirteen tons, on a vehicle which had previously borne one of sixteen tons weight. Crossing the line the axle broke on a rail which was above the level. He reported the accident to the station master, and ten minutes after the machine was skidded off the line. By Monday morning the axle was mended and the house removed. No obstruction was caused. James Mathews, gatekeeper, at the crossing when the machine broke down, said he considered it was an accident, caused by the jolting of the rails. No time was lost "in removing the house, which was accomplished in about twenty minutes. A goods train that was approaching had to be run back and brought on up another line. No passenger trains were delayed. Mr Brightling, the contractor, gave evidence which corroborated that of the defendant. His Worship said it might be an excuse that the probable cause of the accident was the rail projecting above the line, and he would give the defendant the benefit of the doubt and dismiss the information. There were two other charges, for obstructing Colombo and Hereford streets, which the police withdrew for the purpose of laying amended informations. Adultebation oe Bbead. —Thomas Poole was charged with having in his possession bread containing alum, and further, with having in his possession a quantity of alum contrary to the law. Constable Stephenson said be went to Mr Poole's premises in High street on Monday last, the 14th October, and purchased a loaf, which he delivered to Professor Bickorton the same morning. He purchased the loaf from Elizabeth Phillips, a shopwoman in the employ of defendant, and told her it was for the purpose of having it analysed. Elizabeth Phillips, in the employ of Mr Poole, gave evidence that on the day in question she sold a loaf to the last witnesss, and told her master the same day. Professor Bickerton, Colonial Analyst for Canterburr, said he received a loaf from the''witness Stephenson marked No. 135, Ee analysed the bread and found ash abnormally high, and a considerable quantity of alum. Employed several tests for the detection of alum. The defendant admitted he had used rather more alum than usual, the flour, to the extent of two tons, which he was using at the time, turning the bread out a bad color. He regretted the circumstance, and it was no credit to bakers to have to use alum. His Worship said the probable loss the defendant would sustain by the injury to his trade would be his greatest punishment. As it was a first offence tho minimum penalty of 40s, would be inflicted and 20s the expenses of one witness. The second offence was also proved, and a similar fine imposed. The alum found was ordered to be, destroyed. Stephen Simpson was also charged with selling bread adulterated with alum. Mr R. D. Thomas appeared for the defendant. Constable Stephenson proved purchasing a loaf at the shop of defendant in the Papanui road on October 14th. He numbered it 137, and the same day gave it to Professor Bickerton. Professor Bickerton stated that he received a loaf marked 137, and on analysis he found a small quantity of alum in it, about as much as was usually used with inferior flour. A witness named Pollock said he had been in the employ of the defendant for twolve months, ever sinco ho took the business. During that time ho had never used alum, either with or without the knowledge of his employer. On the day in question he had on his own account and by way of experiment, wade small loaves, into which he put a small quantity of alum. The defendant ordered him not to ■expose them for sale in the shop, and took three of the loaves away himself into the kitchen. Another witness in the service of the defendant also positively stated that even at tho very worst times he had never used alum in making bread. Mr Simpson also corroborated the evidence of the previous witnesses, and stated he had positively prohibited the sale of any of the seven loaves. The Bench considered the explanation satisfactory, .and dismissed tho information. Having no Scalks.—Albert Williams, baker, was summoned for not having on his premises proper scales for weighing bread. Constable Stephenson proved _ that when he visited the defendant/a promises and purchased a loaf, on asking to hava it weighed, defendant's wife said they had not got a pair of scales. The defence was that the absence from the shop of scules when tho constable called wub oily temporary, the ones commonly in use having been broken and not at once replaced. Defendant was fined 10s.

Illegally Fishing in the Avon. —The adjourned case of Richard Walker, summoned for fishing with a net in the river Avon, below New Brighton, was again brought forward. Mr R. D. Thomas ap-p-ured for the defendant, and Mr S. C. Furr represented the Acclimatisation Society. The partioulara of the chso have already been published. Ilia Worship now decided that according to the existing regulations under the Mulmon and Trout Act all rivers must bo held to bo protected from fishing with nets larger than those tt'od for whitebait, from their source to their outflow, and, therefore, the defendant must be convicted of the commission of an illegal act. The paae, however, would be met by the imposition of the coats of the case, without any further penalty, AfISAUI/r.—Robert Shannon was charged with assaulting Thomas Monaghan on the

13th instant. Complainant said defendant called at his house early on the morning in question, and asked for his dog and knocked him down. Complainant's wife said at five o'clock in tho morning she heard a man kicking at the door and using bad language. Her husband went to tho door and opened it, when the defendant rushed in and knocked him down, at tho same time asking for his dog, and using very vilo language. Defendant did not deny striking the complainant, but said they struck each other. He was fined 60s and costs, 9s 6d, or in default one week's imprisonment with hard labor. Bheach oe City-By-Laws.—Tho cases City Council against Mr D. Reese and Mr T. J. Gee, adjourned by mutual consent of counsel from October 7th, came on again. Dr. Foster and Mr Garrick were both in attendance, and the case was, at the request of the latter, further adjourned for one week.

LYTTELTON. Monday, Octobeb 21. [Before J. T. Rouse, Esq., J.P.] Obstbucting a Police Constable. —Geo. Dimond was charged with above offence. Mr H. N. Nalder appeared for the defence. Constable Glocken sworn said, aboutß.s7 a.m. to-day he was on Norwich Quay and saw three carts standing together, the centre one being near the middle of the street. He asked one man to remove the horse and cart that was in the middle of the street as it was an obstruction. He did not do so. He went to do it when defendant called him back. Witness asked who had charge of the horse, and prisoner refused to give his name, jumped on the dray, and was going away. He said "My name is on the cart." Witness stopped him to get his name, and had hold of the reins when accused caught hold of him by the collar and ordered him to let go. For that offence witness arrested him and brought him to tho station. The street was nearly stopped up ; there was no one in charge of the horse and dray at the time. Accused said his name was on the cart. Witness waß in uniform. Crossexamined by Mr Nalder—Saw the drays on the quay about three minutes. Did not see any of them loaded. Saw no trusses of hay on the footpath. There was one on the broad gateway ; two of the drays were backed into the gutter, the third was out a few feet. Did not observe any more drays in the street. Saw no dray or person stopped from going along the street by the dray. J. G- Garforth said defendant and hia father were unloading hay at his place that morning. As the last bale was being rolled under the gateway a policeman came up, and said the drays were obstructing the road. Dimond gave his name to the policeman as tho owner of the drays. When the bale was rolled into the right-of-way Dimond, senior, got into the dray to drive away, when the constable caught hold of the horse's head Defendant then told the policeman to let go the horse, that the name was on the cart. In catching hold of the reins defendant put his arm across the policeman's shoulder. Witness did not see him catch the policnian by the collar. Thought he should if accused had done so. Both defendant and his father gave their names to the policeman at once. Told the policeman defendant's name was on the dray. David Dimond and A. J. Rogers gave similar evidence. The Bench dismissed the case, stating that the policeman had certainly exceeded his duty.