MAGISTRATES' COURTS.

Globe, Volume XX, Issue 1484, 18 November 1878, Page 3

MAGISTRATES' COURTS.

CHKISTCIIUKCH. Monday, Novbmbeb 18. G. L. Hellish, Esq., KM.] "WANDBBiNa Cattle. —Joseph Cackness, J. Fowler, T« Stevens, George Smith, William O'Connor, A. Wright, H. Thompson, D. Gurdler, Alice Pearson, Nathaniel Vile, William Peckham, John Q.uinn, F. M. Leslie, Messrs Ford and Newton and Sydney Day, were each fined ss. ; Unbegistebed Doos.—lsabella Simpson v»6 fined 60s for having three unregistered dogs in her possession. Dbt/stk and Disobdebly.—Duncan Stewart was charged with being drunk and disorderly, ai nd also with assaulting constable Harold in the execution of his duty. The evidence of constable O'Connor corroborated that of constable Harold, who stated that defendant was drunk on Saturday night in High street, and pushing people off the footway into the road. His Worship treated it as a simple case of drunkenness and disorderly conduct, and fined accused 20a, Vaccination Act.—Mrs Somerfield, on behalf of her husband, Henry Somerfield, appeared to answer a summons for neglecting to bring her child up for inspection seven days after vaccination. As Mrs Somerfield proved that she attended with her infant on the day in question the summons was dismissed. Michael Charles O'Malloy, similarly Bummoned, admitted the fact, and was fined in the mitigated penalty of 10s. Indecent Assault.—Peter Petersen was charged with assaulting Louisa Martin on Saturday night, Henry Martin Baid that about half-past ten o'clock on Saturday night he was walking up Gloucester street with hm •wife leaning on his arm, and when near the circus his wife told him that the prisoner, who I was close to them, had caught hold of her indecently. On asking the prisoner what ho meant by his conduct, he used very foul language. He then gave him in charge to Sergeant'Beck. Mrs Martin corroborated her husband's evidence, and stated that she had been very ill ever since. Sergeant Beck said that about half-past ten o'clock on Saturday night the prosecutor, Henry Martin, came to him to the theatre, accompanied by his wife, who appeared to be in a half fainting excited state, and said that the prisoner had assaulted her just before. The prisoner, on feeing asked what he had to say, denied all reeoilection of the matter. As nothing was previously known against the prisoner, his Worship reprimanded him, and sentenced him •to ono months' imprisonment with hard labor. Not undkb Contbol.—James Brown was summoned for not having his horse under ■control, and lined 10*. City By-laws.—David Cuff', for not providing proper lights to hia vehicle, was fined 10a. Job Horwell, for tethering a horse on the east town belt, wa« fined 10s. Obstkcctionb. —Edward George, for allowing cast's to remain on the footpith in Highatreet, was fined 10s. Joseph Wliitford, for «au»ing an obstruction by carting clay over the footpath in Hereford street on the Ilth, <wan fined .lUs.

OAtrsnfO AT* OBSTRUCTION. —Joseph Wood was summoned Hor allowing a quantity of clay to remain on the footpath in Hereford street. The caso wu> an adjourned one, and the city surveyor now star, d that although the defendant had applied to the Council for the u*e of the whole of the footpath, pet-mis-sion had rot been greeted as he had failed to comply with the provision o? the by-law in depositing his plans, &c. A fine of 10a was imposed. Thomas Feat, for allowing his fiah cart to remain twenty minutes in High afreet, thereby causing an obstruction, was lined 20ss George Simpson was summoned for causing «,n obstruction between Colombo and Hereford si root, by allowing a houce in course of removal to remain at the corner of Hereford street between the hours of 9 a.m. and 1 p.m., thereby

causing an obstruction. Mr E. D. Thomas appeared for the defendant. Permission has only been given to remove the house between the hours of 5 p.m. and 8 a.m. It was shown that the house hud been permitted to remain at the corner of Hereford and Colombo streets sufficiently long for the telegraph wires to be lifted up to allow of the house being taken under. Mr Thomas said that permission had been granted, and that no wilful obstruction or breach of the law had been committed. The defendant had already answered three informations, and had been put to considerable expense. The stoppage of the house by the police was the real obstruction and this had only been done to prevent the telegraph wires being broken. Had the houso been taken right on and no Btoppage made the worst that coidd have happened to defendant have been a fine for damaging the wires, as permission had been given to him for the removal of the house. The defendant said he was stopped by the police when lie wished to raise the wires with a contrivance he had for the purpose, and with the permission of tho telegraph authorities. The state of tho road from the rain which had fallen, was his reason for removing the house outside of the hours specified in his permit. Mr Hickson said the only reason the police had laid the information was because Mr Simpson had gono outside of the permitted hours. His Worship said he did not wish to deal too strictly with the case, as the defendant had had to attend at the Court two or three times, and there had been no wilful breaking of the law, though the defendant had certainly rendered himself liable to be fined. The information under the circumstances would be dismissed. Obscene Language.—James and Emily Schrader were charged with using obscene and abusive language within hearing of a public place on October 29th. Mr Pepperill stated the language complained of had been made use of on the 25th and 26th ult. on their own premises. The defendants were man and wife, and they had mado uso of the language to each other. The male defendant said he had made uso of the language on his own verandah, and not on the pathway. He had since apologised to Mr Pepperill, who had stated he would let the matter stand if the language were not repeated. Mr Pepperill corroborated this in giving his evidence, and also said that since then neither he or the other neighbors had been annoyed by the defendants. William Henwood said he was on Mr Pepperill's premises at the time the language complained of was used, and although it was uttered on Mr Schrader's premises it was certainly audible in the street. E. T. Butterworth, another neighbour, deposed that Mrs Schrader, on the day in question, dragged her husband out of the house by his nose, and beat him in the face, at the same time calling him a number of very bad names. The female defendant denied this last part of the charge, and flatly told the witness he was telling lies. The witness retorted by stating the female defendant language could be proved by hundreds of people, and that she was a disgrace to the country. The male defendant pleaded that what had taken place was on his own premises, which, however, his Worship held to be no excuse for outraging public morality. The defendants were fined 20s each. LABCENY. —Matilda Evans, John Evans, and Anne Emily Service were charged with stealing a plant, the property of C. H. Suter. After hearing very voluminous evidence, the Court adjourned.

LYTIELTON. Monday, Novembee 18. (Before W. Donald, Esq., R.M.) Bbeach of Public Ordinance. —Patrick Cain, licensee of the Harp of Erin, London street, was charged with a breach of the above ordinance. Mr H. N. Naldor appeared for the defence. A constable stated that on November 10th, at midnight, hearing a noise at Mr Cain's house he wont in, and found three men at the back door. They were drunk and making a great noise, and one of them named Tredennick showed him a bottle of beer which, he said, he had procured from Cain. Cain was holding the back door to prevent the men getting in. Stephen Tredennick said he went into the front room on the night in question in company with two other men named Luke and Kemp. They went into the kitchen, and Luke called for three pints of beer, which lie himself fetched. They drank the beer. Luke had some sandwiches with his beer. Robert Kemp corroborated this evidence, and, after Mr Nalder had addressed the Bench, the case wes dismissed.