MAGISTRATES' COURTS

Globe, Volume XX, Issue 1555, 12 February 1879, Page 3

MAGISTRATES' COURTS

CHRISTCHURCH. Wednesday, Febkttaky 12. [Beforo G. L. Mellish, Esq., R.M.] Dbt/nk and Disoecebly.—A first offender was fined ss.

Lahceny.—John Macmahon, Ellen Macmahon, and Bernard Macmahon were charged with stealing a quantity of onions, the property of William Macrnillan. Mr Q-resson appeared for the accused. The prosecutor said he had a garden adjoining Norman's crossing, Papanui, where he keeps the railway gates. In consequence of having had vegetables stolen for some time past out of his garden, he watched by night, and on Monday laßfc ho detected the three prisoners there. After watching for some time, he saw the youngest prisoner get over the fence that surrounded the garden, and commence pulling onions. When the elder prisoner found they were discovered he told the boy to run. The next day he saw a quantity of loose onions in that part of the garden where he had seen the boy and also footprints. He subsequently gave information to the police, and the three prisoners were arrested the following day by detective Benjamin, but nothing waß found in their house. By Mr Gresson —During the last six weeks he had lost at least £lO by having vegetables stolen, and the onions he saw the boy carrying away were worth about 10s. Detective Bejamin deposed that he arrested the three prisoners under a warrant. The prosecutor was with him at the time. There were no onions on the premises of the prisoners or any traces of any having been there. There were trace? of small footmarks as of a boy's boot on the spot in the prosecutor's garden where he said the onions had been taken from. Mr Gresson put the prisoner John McMahon in tho witness-box to give evidence on his own behalf. He swore that neither he, his wife, or son ever crossed the fence that stp.rited the prosecutor's ground on the nigho of the alleged theft. The boy was confined at home through illness, being too unwell to go to school. The prosecutor had previously been to him and complained of having had his vegetables stolen, and asked Lis assistance to enable him to discover the thieves. The female prisoner swore she was not outside her house after nine o'clock, and the lad was so ill that evening that he was unable to hold his head up. The youngest prisoner, being sworn, said he came in about seven o'clock. He did not go out again that evening, and went to bed about half-past nine o'clock. His Worship taking into consideration the good character of the accused, their easy circumstances, and long residence in the neighborhood, and the total absence of motive, thought the case must be one of mistaken identity and dismissed it. Maintenance.—William Melvyn Ruddy, remanded from Dunedin, was summoned for neglecting to provide his wife and six children with adequate means of support. The comElainant stated that her husband left her oma Thursday week, leaving her and her family without any means of support. She had received no assistance from him for eight weeks, since she had been forced to leave him. Last Saturday she sold an old cow that she possessed, and the proceeds weie all she had for the support of the family. Her husband had been a warder at the Gaol. Mr Reston, Governor of Lyttelton Gaol, stated that the defendant had been a warder, but deserted on the sth instant. He had received all the money that waß due to him. In answer to the Bench the complainant said before leaving the Gaol her husband had promised to allow her £6 per month, but she had not received it. She could maintain her family on that sum. The Bench made an order for that amount, to be paid monthly, the defendant to find security for the payment of the money. The defendant had on him when arrested the sum of £4, which the Bench directed to be handed over to the complainant. Failing to Peovide.—Henry West was summoned for neglecting to support his illegitimate child. Mr Nock appeared for the complainant, and Mr McConnal for tho defendant. The case was remanded by mutual consent of counsel until Saturday, the 15th instant.

Indecbnt Absatot.—Edward Olarkson was charged with indecently assaulting Mary Olarkson on the 9th inst. The Court having been cleared, the evidence of tho prosecutrix, which w: s unfit for publication, was taken as to the circumstances under which the assatilt was committed. The prosecutrix resides in Hirper street, Avonville, and said on the night of the alleged assault, the prisoner came home " mad drunk ;" he must have been mad drunk, or he never would have assaulted her. She could now recollect nothing of the circumstances 'she had previously told Sergeant Hughes, and did not remember anything until she found herself in the street crying "Murder." Could not say how she got out of the house. Henry Olarkson, son of the last witness said that, his mother and himself were the only persons sleeping in the houße that night; his father was up the country working. His brother came home the worse for drink between 12 and 2 am. The witness then described very relnctantly the particulars of the assault. In answer to the prisoner, the witness said he never saw the prisoner insult his mother when sober, and he would not have done so now if he had not been dead drunk. The firßt witness being recalled waa still unable to recall any circumstances to her recollection that happened on the night in question. She said she had no more recollection of what had taken {dace than the dead. It must have been all iea that she had told the police, as she could remember nothing. His Worship said it was of no use attempting to extract anything from the witness, she hed better stand down. Lewis Barton, a laborer, living in Harper street, Avonville, next door to Mrs Olarkson, deposed that early last Sunday morning he heard a noise which woke him out of his Bleep, and he came to his door to see what was the matter. After hearing a statement from the oomplainant he went in search of the prisoner, but he did not see him until he was taken up the street by the police when near daylight. Sarah Burton, the wife of the la9t witness, Btated that the prosecutrix came to her house on Saturday night and made a complaint to him. [Left sitting.] LYTTELTOtf. Wednesday, Febkuary 12. [Before Dr. Donald and H. Allwright, Esq.] Lunacy peom Deink.— James Simpson, on remand from Christchurch since the 4th inst., waa discharged from custody, having recovered.