MAGISTRATES’ COURTS.

Globe, Volume XX, Issue 1541, 27 January 1879, Page 2

MAGISTRATES’ COURTS.

OHRISTOHUKCH. Monday, January 27. [Before G. L. Lee, E-q., and bis Worship the Mayor of Christchurch.] Breach of Railway By-Laws.— Thomas Henry Shepherd was summoned for riding in a railway carriage without a ticket, and refusing to pay his fare. Mr R. D. Thomas appeared for the defendant. The railway constable said the accused was., on the arrival of the express train on Saturday evening, given into Ids custody by the guard for travelling without a ticket, and refusing to pay his fare. Ho was intoxicated at the time. The guard of the train corroborated this evidence. Mr Thomas explained that the defendant was a tourist proceeding from Auckland to Dunedin by the Wanaka. On the occasion in question he hud a return ticket from Lyttelton to Christchurch, and by mistake got into the wrong train, and proceeded as far as Eolleston before he discovered his mistake. No imposition was intended. The defendant’s luggage had all gone on to Dunedin, he had lost his passage, and had been locked up since the occurrence. Under the circumstances ho asked the Bench to dismiss the case. The Bench took the view of Mr Thomas, and dismissed the case. Larceny op Fruit.— Thomas Wilson, a respectable looking boy, was charged with stealing fruit of the value of 6d, the property of Edward Taylor. The accused admitted the charge. The Inspector of Police said it was the boy’s first offence, and nothing was known against his character previously. Hi* parents were respectable people. The prosecutor stated he had missed fruit, and in consequence of a complaint he had made to the police a constable was sent to watch, and the result was the apprehension of the accused who was in the company of some other boys who ran away. The boy’s father pleaded for leniency, and said he meant to chastise hi* son himself. The Bench said it could not be passed over, as the offence was becoming too common. Ho would be sent to prison for forty-eight hours, and the Bench trusted it would be a warning to him. Personating a Detective. Archibald Moorhead was charged with endeavoring to impose on a private individual by a false representation with a view to obtain a profit on advantage. Mr Thomas appeared for the defendant. On the appliation of Mr Inspector Hickson, the accused was remanded until Monday, February 3rd, in order that the necessary witnesses might be subpeenaed. The bail was fixed at one surety in £2O. Breach of City By-Laws, —Richard Bowdman was summoned for letting off fireworks on the Ist of January, in Tuam street. The defendant admitted the offence, but pleaded the extenuating circumstance of having only followed the example of other people in having a bit of harmless fun on the festive occasion of the New Year. A fine of 10s was inflicted, with costs. The defendant refused to pay the fine.

Causing Unnkoesbaey Obstbuotion.— James Hogg was fined 10s for tethering a cow in the street. James Borland, for the same offence with regard to a horse, was similarly fined.

Hackney Oaheiage By-Law.—Samue! Thomas was summoned for refusing to take » fare. The railway constable stated that the offence consisted in the defendant’s refusal to take him and a drunken man from the railway station to the police depot on the 27th December. His excuse at the time was that his horse was lame, which was untrue, as was apparent when ho drove away. Constable Johnston corroborated the evidence of the railway constable. The defendant was fined 10s and costs. David Milner was summoned for allowing his cab to stand elsewhere than on a public stand. The offence was admitted, and a fine of 10s inflicted. Hamilton Bright was summoned for plying for hire elsewhere than on the stand. The railway constable stated that the offence wa» committed on the 20th December, and called a witness named Arthur Clantield to support his statement, who, not having been subpoenaed, was not in attendance. The defendant called Mr Richmond, the lessee of the Terminus Hotel, in his defence, but the latter was unable to say anything positive on his behalf. A, fine of 10s was imposed.

Breach of Public-house Ordinance.—' Matthew Henry Oram was summoned for keeping his licensed house open daring pro* hibiled hours. Mr Heck appeared for the defendant. Sergeant Beck stated on Sunday, the 22nd of December, at 20 minutes past 6 a.m. He saw some men in the archway at the back of the City Hotel, and the door waa open. He went inside and saw three men drinking there. Mr Oram’s barman said the parties iu question came in about ten minutes past six, and represented themselves as travellers recently from Dunedin, and they said they had been walking about all night as they had been unable to get a bed. Under these circumstances, he had served them with some refreshment. They had since gone to Dunedin. Mr Neck spoke in defence of the manner in which the house was conducted generally, but the Bench considering the offence proved a fine of £5 was inflicted. Maintenance.— Emily Hicks applied under the Married Woman’s Property Protection Act for protection of her property and earnings, and also for maintenance for herself and children. Mr Garrick for the complainant. The latter stated her husband was engaged as cook at Elingenstein’s, she had eight children, from under fourteen years of age, and she bad received nothing from him in the w’ay of maintenance since last September. He was also living openly with another woman. She said he was earning only 30s a week, but she doubted that was the truth. She would be glad to accept £1 per week for the support of herself and children. That morning he had offered 10s per week, which she had declined. Dotectiv* Benjamin corroborated the plaintiff’s statement that her husband was living in open adultery with another woman. The Bench made an order for the payment of £1 per week to bo paid weekly.

Trespassing on the Railway. —Maurice James Jobliu and William Akin were summoned for trespassing on the railway line on the 14th December. The defendants admitted the offence, which consisted in walking along the line between the Hornby station and Prebbleton in preference to waiting for an hour and a quarter at the Hornby station for the train to come up. Each defendant was fined 20s, with 2s costa.

Wandbbing Cattle. —Thomas Goodman and James Runkiu wore fined 5s each for allowing, the former a horse and tho latter two cows, to wander at large in a public thoroughfare.

Assault. —James Todd was summoned for assaulting Harry Levett on January 3rd. Mr Harper appeared for the complainant. Ihe assault arose out of the complainant re* monstrating with the defendant lor impounding a cow in tho Lincoln pound. The complainant stated the nature of tho assault, which consisted in tho defendant’s first punching his (complainant’s) head, and afterwards horsewhipping him severely. Complainant called the poundkeeper, Mark Finch, who deposed to having witnessed the assault as described by the complainant, and also Dr. Guthrie, who had subsequently treated him for the consequences arising out of it. The last witness said the assault was not serious in itself, but as the complainant was suffering from heart disease the excitement had been very detrimental to him. The defendant pleaded provocation. The Bench considered the assault an aggravated one, totally unjustified by the slight provocation received, and fined the defendant 40s and costs £3 13s 4d, in all L 5 13s 4d.

Maintenance and Protection.— Annie Wood applied for an order of maintenance, and also for protection of her earnings against her husband, William George Wood. This was an adjourned ease. The defendant said he was in employment at present, and was willing to do anything his wife proposed. Tho complainant stated she had eight children, five of them under ten years of age. Her husband was now living with her, though ho had not been when she first laid the information. The defendant promised amendment for the future, and the case was allowed to gland over to see how he kept hie promise.

At the same time the Bondi ad ministered a caution to the defendant. Abusive and Threatening Language.— Mary Anne Brightmore was summoned for using abusive and threatening language to Bore Stephenson on January 11th. Mr Neck appeared for the plaintiff, and Mr Joyce for the defendant. The complainant said the defendant had threatened to burn her out, and give her what she had given another party who had offended her. She (complainant) had no vindictive feeling against the defendant ; she was simply frightened of her and wished her to he bound over to keep the peace. Her (complainant’s) husband was away, and she wished for protection in his absence. The complainant got confused in her statement as to the date of the occurrence, and narrated the circumstances as having occurred on the 18th instant, whereas the information was laid for the Hi h. The Bench, after hearing Mr Joyce in defence, viewed the matter as a neighbor’s quarrel and dismissed the information, recommending the parties to live more peacefully for the future. Forgery and Uttering.— Walter Bullivant, alias Weston, alias Hedge, alias Joyce, alias Edge, was charged with forging and uttering a cheque for £4 15s on the Bank of New South Wales, at Christchurch. There were nine other charges of a similar nature on the following Banks: —Bank of Australasia, £4 15s; Bank of New Zealand, £5 15s; Colonial Bank of Now Zealand, £4 15s; Bank of Australasia, £6; Colonial Bank of Now Zealand, £4 • Bank of Australia, £4 15s ; Bank of Now Zealand, £7ss ; Bank of New Zealand, £5 10s; Bank of New South Wales, £4 10s. Mr Inspector Hickson conducted the prosecution for the Crown, the prisoner being undefended. In the first case Mr Hickson called Mr John Barrett, who deposed that ho was the proprietor of the Borough Hotel, Manchester street. At the request of the prisoner the witnesses were ordered out of Court. The witness proceeded—ln November, 1877, he kept Barrett’s Hotel, in Durham street. On the 18th of November in that year the prisoner called on him at his hotel. Ho saw him in the passage. Prisoner asked him to cash the cheque produced, which he said ho had got from Doyleston and was too late for the Bank. He said ho wanted to get away early in the morning, and would be glad if witness would cash the cheque for him. Prisoner said he had been working for John Manson, whoso signature was on the cheque. At first he (witness) refused to cash it, but on the representation of a young man who was boarding in the hotel, and who knew the accused, he (witness) afterwards cashed it. The prisoner endorsed the cheque on the back by the name of Walter Weston. Witness gave the prisoner the full amount of the cheque. On paying it into the Colonial Bank of New Zea land it was returned to him. Walter Potts, assistant ledger keeper in the Bank of New South Wales, Christchurch, deposed that a cheque bearing the same name as the one produced, passed through the Bank some time in November, 1877, but he could not say whether the cheque produced was the one. A record of dates of cheques was kept in the hank, but he could not swear to the precise date on which the one produced in Court was presented, Mr Inspector Hickson said that evidence would be necessary, and the witness was allowed to postpone the rest of his evidence in order that he might go to the bank and refresh his memory on the necessary point. John Manson, a farmer residing at Gobbie’s Valley, and previously at Doyleston prior to November, 1877, recognised the prisoner. He never worked for him at Doyleston, but he had seen him before. Witness had no account at any bank in Christchurch. The signature “John Manson” on the cheque produced was not his. Another man named John Manson lived at Leeston and was also a farmer. Witness resided at Leeston eleyeu years. John Manson, a farmer residing at Leeston, deposed that he had lived there about eight years. Was not acquainted with any other John Manson in the district but the last witness. Had never to his knowledge seen the prisoner before. The signature to the cheque produced, though resembling it somewhat, was not his. Witness had no account in any Christchurch Bank. Edward Ravenhill said he kept the Caversham Hotel. The prisoner had been in his employ fourteen or fifteen months. He was with him three or four months working in the stable, and left some time in November, 1877. He went by the name of Walter, and he (witness) understood by hearsay that his surname was Bullivant. Witness banked in the Bank of New South Wales. Walter Potts, recalled, said a cheque signed John Manson, dated 18th November, 1877, was presented on the 19th of that month at the Bunk for payment. It was for £4 15s in favor of wages, and was returned “No account.” The Court here adjourned for an hour.

LYTTELTON. Monday, January 27. [Before H. E, Webb and T. H. Potts, Esqs., J.P’s.] Troublesome Neighbors. Catherine Oaranich chargedGraceTredminnick with using threatening and abused language towards her on Tuesday last. Mr H. N. Nalder appeared for complainant. In consideration of it being her first offence, the Bench dismissed the case, informing the parties that it would be different should they come up again.