MAGISTRATES’ COURT.

Globe, Volume XX, Issue 1466, 28 October 1878, Page 3

MAGISTRATES’ COURT.

CHRISTCHURCH - , Monday, October 28. [Before G. L. Hellish, Esq., R.M.] Drunk and Disorderly.—The following drunkards were dealt with as below ;—John Jordon, 10s ; Mary Cunningbarn was charged also with using obscene language and wilfully destroying Government property to the value of 4s. Thirtyeight previous convictions having been already recorded against her, she was fined 60-*, nth the promise of twelve months’ imprisonment for the next offence. Helen _ Anderson, charged with indecent exposure iu_ a public place, was sentenced to two yearn’ imprisonment with hard labor, as an incorrible vagabond, John Newton, who was found in the company of the last offender, was cautioned aud discharged. David Anstensen alias Charles Brown, for druvihlioness and using obscene language, was fined GO?. Christian Andersen, charged with assaulting the constable who arrested the last prisoner, was fined 40a, and cautioned of the danger of interfering with the police, Five first offenders yrero fined ,ss. Creating- a Disturb mice —Robert Shannon was charged with being drunk, creating a disturbance outside the City Hotel on Sunday rooming, and assaulting Constable McKay in the execution of his duly. The riotous conduct of the accused in the yard of the City Hotel was proved by the night porter, and Constable McKay gave evidence that the prisoner struck him a violent blow in the face at the lock-up. The accused did not deny the drunkenness, but said the arresting constable kicked him while in the depot. Constable Harrold being sworn, said lie saw Constable McKay bring in the accused to the depot, and that, exasperated at his fold language, the former kicked him once behind. Constable Beaumont, lock-up keeper, corroborated this evidence, hut said the laugvuge jjjade use of by the accused to Constable Mo

Kay was very bad and provoking. Constable McKay said he only tripped the accused after receiving a violent blow in the face frum him. His Worship considered the offence proved, and fined prisoner 20s for creating the disturbance, and £5 for assaulting the constable. He directed that an information should be laid against Constable McKay for kicking the prisoner. Hohshs and Cattlr at Labor.— bines were inflicted in the following eases for allowing animals to wander at largeEdwm Millet, one horse, ss; Richard Sunderland, one horse, ss; John Nolan, one cow, ss; iluMi Millar, two horses, 5s ; Richard Offwood, one horse, ss; and 11, Andrews, one horse, ss. Bbeacii ob Railway By-Law.—William Todd was informed against for allowing three sheep and one lamb to wander at large on the railway line. Mr R. D. Thomas appeared for the accused, and submitted that the terms of the Fencing Ordinance were not complied with by the railway authorities in erecting proper fences, and therefore no trespass had been committed by the accused. Before the construction of the line Mr Todd s fences were in perfectly good repair and order, and this present charge arose solely from the defective fences put up by the Government. Mr Todd was examined in his own defence, and gave evidence to the above effect, and said bis sheep had never trespassed before the line was constructed. Mr Wright, another witness, said, in his opinion, the fences were not sheep proof. Sheep could get through. His own had done so, the wires not being tightly strained. His Worship said those who had charge of the fences should keep them in good order, other wire persons whose sheep strayed or. the line in consequence of their defective state couli not bo held as trespassers. A witness belonging to the Railway department remembered the sheep in question being impounded. Some sheep had got over the gorge fence separating the railway line from the public road. Believed this was a legal fence, or the Government would have had it altered before. His Worship said there was no doubt the sheep had come through the railway fence, and they, therefore, could not be held to have trespassed either on the railway or the public road, and the information would therefore be dismissed, without costs. Travelling Without a Ticket.—Wm. Tibbs was charged with having on the 21st of September last travelled in a rail way carriage without having previously paid his fare. The railway guanl proved the accused was a passenger by the North train on that day; he had no ticket and had not paid his fare. He had him removed from the train at Bicearton, and took his name, and subsequently laid the present information. The accused did not deny the offence, but said he was in the wrong train through inadvertence. The guard stated the accused gave his name as Josling when he had him removed from the train. A fine of 10s 6d was imposed. Cruelty to Animals. George Wm. Pickering was summoned for wantonly and cruelly torturing and abusing a horse by allowing it to remain in a dray without food or water. Andrew Davidson said he saw a horse attached to a dray on a section at the corner of Cashel street and Durham street, on the date mentioned in the information from about noon to 6 o’clock in the evening. He saw the horse three times during the day, and he believed he had neither food nor water during the time. A witness named Smith gave similar evidence, with the exception that he said some one who apparently knew told him the horse had a bite of food about twelve o’clock, but he understood he had nothing else during the day. Constable Neil proved taking charge of the horse and dray from the information given by the last witnesses, and subsequently laid the information against the accused. A fine of 10s was imposed, and 10s costs of the two witnesses. Smith and Davidson were allowed expenses, they stating they wished the amount to be handed over to the Industrial School. His Worship said he would gladly take the money for that purpose, or any of her contribution, the charitably disposed might feel inclined to make for the purpose of providing a treat for the children, who by no fault of theirs were inmates of the Burnham School. Assault.—Alexander McKay, police constable, was brought before the Bench charged with assaulting Robert Shannon on the morning of October 27th. Robert Shannon, being sworn, said on last Sunday morning about 5 am. he was arrested by the accused at the City Hotel, and taken to the police s' ation. As he was being taken into the lock-up the accused took him by the wrists and kicked him behind. He kicked him twice. Complainant admitted giving the accused provocation. Constable Harold deposed that at the depot he saw the complainant strike the accused in the face, and then they struggled and fell. Hilt a minute afterwards" he saw the accused, who was excited, kick the complainant once behind. It was not a very violent blow. Constable Beaumont said ho was in the police yard when Constable McKay brought in the accused. Ho saw the complainant strike the constable, who almost directly afterwards kicked the complainant with the fiat of his foot. The accused admitted the offence, but urged that ho was in a passion from excessive provocation. Hia Worship said he could make allowance for the provocation received, but at the same time when men assumed a constable’s uniform they must expect to receive provocation at times, and they must exorcise more than usual’forbearance, Under such circumstances what would perhaps he pardonable in an ordinary manner could not be allowed in a police officer. Mr Inspector Hickson having given the accused an excellent character, his Worship taking that fact into consideration, indicted a fine of 20s, and costs. Laeceny.—Thomas Patten, a little hoy, was charged with stealing a quantity of fowls, the property of Thomas Robertson, Thomas Patten, eenr., receiving the same knowing them to haye been stolen. Thomas Robertson, a farmer, residing at Middleton, deposed that he lost some fowls between the 4th and 7th of May last from a house in Pigeon’s Lane, near Addington, AMr Campbell was living there when ha left the fowls on the premises. Had taken the house with the intention of living in it, and left them there to be looked after by Mr Campbell. Ho missed them a week afterwards, when Mr Campbell had left. They were game fowls and worh about 30s. Witness next saw them withJDetective Walker having previously applied for a search warrant to search the premises of the e’der defendant. He found the fowls now in Court there,and identifled them as hie property. The younger defendant find, hie mother ware there, bub not the boy's father. The boy said they had had the fowls along time, having bought them from a man at the back of the emigration barracks. He afterwards said they had only bought one of the birds under those circumstances. Detective Walker deposed that he searched the premises of the eldnr defendant on Thursday last, and round the fowls produced in Court. They were the properly of Mr Robertson, who identified them. There were ten fowls in the defendant’s fowl house, and Mr Robertson picked his own throe out. The younger defendant said he bought them from one Sultan at the hack of the Addington Ben-neks, Ins mother said he brought them from Mr Campbell’s house. The younger defendint’s mother was in Court, and slid the lad hr,d tok< n the fowls away with the knowledge and consent of Mrs Campbell, who had said anything remaining about the place mignt he taken away. Detective Walker being recalled, said Mrs Campbell denied having given permission for the removal of the fowls. His Worship dismissed the charge against the older defendant, as possibly he might not hove known that the fowls were taken dishonestly, ho, as he had stated, coming home only once a wptk. Tim blame, ho considered, rested mainly with the boy’s mother, wno knowing, as was proved by Detective Walker, that the birds were stolen ought to have relumed them, The boy would be imprisoned for six hours and receive twelve strokes with a cat-o’-nina tails.

Forging and Uttering,—Richard Davis was charged with forging the name of R. B. Brabuzon to a cheque for .£35 fits, and uttering the genic wi h intent to defraud the Bank of New 8 .nth Wales. Mr Allan Ewer Hawkins said on the morning of the 19th natant the prisoner presented the cheque pro-

duced, and asked for tho cash. Witness said there wdb no account, and it was irregular. At tho request of Mr Inspector Hickson, the accused was remanded tor two days. Disobeying an Order op tub Court Samuel Dobbms-m, for neglecting r-o obey an order of the Court for the payment of 6s a week for tho maintenance of his children in Industrial School, was sent to prison for one month with hard labor. Unbranded Sheep.— W. B. Clarke, summoned tor having in his possession 150 sheep unbranded, contrary to the Ordinance, was fined 40s.

Assault — John Taylor was charged with assaulting John Toomer last Monday. Prosecutor stated the nature of tho assault, which the accused admitted. Tho accused was fined 40s.