MAGISTRATES’ COURTS.

Globe, Volume XX, Issue 1552, 8 February 1879, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Saturday, February 8. [Before John Anderson, Esq., J P., and 1 his l Worship the Mayor.] Drunk and Disorderly.—A drat offender was fined sa. Larceny'. —Anne Stubbersfleld was charged with stealing a par of bools, the property of William Archibald. Mr Neck appeared loathe accused. The prosecutor, carrying on business as a bootmaker in Colombo street South, said that on the previous afternoon,, about half-past 4 o’clock, he was inside hisshop, and he saw the prisoner take a pair of boots which were hanging on a nail outside. He detained her when she got to the railway, and charged her with the theft. She said in reply that they were her own and she bad bought them. Prosecutor’s wife took the boots from her - , and she accompanied prosecutor to the police station, when the latter gave her in charge. The prosecutor statedjit was the first t.mo the woman had ever been before the Court upon any charge, and he hud no desire to press ifc. against her harshly. Mr Neck said she had six children to support, and had committed the act when in a state of intoxication which was a rare occurrence with her, as she was an. industrious hard working woman, who had unguardedly fallen into temptation. He trusted the Bench would take into consider ition the fact of the prosecutor’s desire not to press the charge and would, if unable to discharge the prisoner, pass a very lenient sentence upon her. The Bench sentenced the prisoner to seven days’ imprisonment. David Gray, alias McKellop, was charged with, stealing some machinery the property of Messrs Wood, Shand and Co. The Inspector of Police stated that on Friday night about, ten o’clock the prisoner was caught in the act of taking away portions of some valuablemachinery belonging to Messrs Wood, Shand and Co., which had been deposited on the vacant section of ground at the corner of Oxford terrace and Hereford street. Hewould ask that the prisoner should be remanded for a week, in order that opportunity might be given to recover the remainder of the machinery of which that which had been, taken by the prisoner only formed a part. The prisoner was an old offender to whom a week’s incarceration would be no particular hardship, and time would be afforded for the recovery of the rest of the missing property. The prisoner was remanded for a week.

LYTTELTON.

Saturday, February 8. [Before R. Hellish and T. H. Potts, Esqs., J.P.’s] Refusing Master’s Order. —Charles dusky, second mate on board the barque Chittagong, was sent to gaol for ninety-six hours with hard labor for refusing to work when bo ordered by the master. Civiu Business. —Brown and Smith v E. S. Bullen, claim £4 18s 5d ; judgment by default. Rouse v Parsons ; Mr H. N. Nalder for plaintiff, Mr Williams for defendant 5 claim £l7 17s 2d, for money paid by plaintiff on defendant’s account. Plaintiff said! he hud frequently indented goods for defendant without making any charge for so doing. The present claim is for an indent by the ship Hurinui. In cross-examination, plaintiff’ stated that he refused to allow these goods to be delivered unless they were paid for in advance. Prior to this indent had given defendant credit. A question put by Mr Williams as to whether plaintiff remembered being at defendant’s shop some time ago and asking him to throw over Dr. Bennett, wa». objected to by plaintiff’s counsel, the plaintiff, however, answering in the negative. The Bench ruled that further inquiry into the cause for any unfriendly feeling existing between the parties would be unnecessary, and should not be imported into the case. The Bench said that a nonsuit must be given. The plaintiff had directly refused to deliver the goods which was, taking the surrounding circumstances of the case into view, the result of some disagreement between the parties subsequent to the negotiations off the indent. If there was an obligation on the part of tho defendant to pay the amount before receiving the goods it would imply an equal obligation, viewed in the light of a previous transaction, for plaintiff to deliver them before receiving payment for them. Counsel’s fees were allowed. Mitchell v Smith, claim £2 for trespass of three head of wild cattle on plaintiff’s place. Case adjourned to the 15th to allow plaintiff to remove the cattle.