MAGISTRATES’ COURTS.

Globe, Volume XX, Issue 1556, 13 February 1879, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Thursday, Fbreuaby 13. [Before G. L. Mellieh, Eeq., R.M.] Dkune and Disorderly.—A first offender was fined 5«.

Larceny. James Barker was charged with stealing timber, value 4b, the property of Henry James Holt. The prosecutor, a dairyman residing on the North town belt, deposed that he was erecting two cottages in North street, and had lately missed some timber from the ground. The first time ho missed some floor-boards, which had been cut up for doors a fortnight ago. He missed about five pieces in 6ft 7in in lengths, and since then he missed some more last Tuesday afternoon. Before that ho missed some match lining, which he had been obliged to replace. It was rough lining he missed on the Tuesday afternoon. A carpenter named John Horne, his brother-in-law, was putting up the cottages, assisted by the witness. He oould identify one piece of timber Bft long, run to a feather edge, there was another board also with a great knot in it that witness could identify. That was there last Saturday afternoon. Witness, from something he had heard, laid an information, and obtained a search warrant, and accompanied Detective Benjamin to the prisoner’s, where he found the missing timber, the feather-edged board and the one with a knot in it—eleven boards in all, the same quantity he had lest. The prisoner resides half a chain higher up from the ouses that were being built. The timber was found at the back of the prisoner's house, lying amongst some other timber. Just ns witness and the detective were leaving with the timber the prisoner came up, and he said, “ Hallo, what do you do here ?” The detective said he had taken some timber which belonged to the witness. The prisoner said, “ You are doing wrong.” The tirnher outside the Court was the same that bad been stolen. It was worth 7fi'. Had never authorised the prisoner to take it away. It exactly corresponded with what had been stolen. John Horne, brother-in-law of the last witness, deposed that he was a carpenter employed by him. in the erection of his cottages, he corroborated in all respects his evidence as to the loss of the timber and its subsequent recovery and identification. Detective Benjamin deposed to the arrest of the prisoner and the removal of certain timber which he had taken from his premises under the authority of a search warrant. This was the case for the prosecution, and the prisoner had no defence beyond denying that he had taken the timber, and affirming that it must have been placed on his premises either by the prosecutor or some other person As it was the prifoner’s first offence, and it was stated by the inspector of police that ho was suffering from a bad leg and was nearly a c ripple, the light penalty of seven days imprisonment was passed on him. Fohoeby. —Robert Lee was charged with forging a cheque for £l2 on the Union Bank of Australia at Christchurch._ The prisoner had been remanded from W aimatc, and, on the application of Mr Inspector Hickson, he was further remanded till February 17th. Summary Proceeding fob Wages.—Mr Joyce made an application under the Merchant Shipping Act for the payment of £22 Bs, and £ls 10s, to Paggan Hale and George Barker respectively, from John Bishop, the captain of the schooner Clyde, recently wrecked on the Nine-Milo Beach. The captain, as agent for the owner, the latter, residing in New South Wales, resisted the claim on the ground that the men had received goods from the owner which were not paid for, and tl.fre was

■therefore a lieu on the men’s wages for the amount. The seamen were willing to give the captain credit for cash advanced, but nob for the goods, which on their return they were willing to pay for, Mr Wynn Williams appeared for the defendant, and objected to the nature of the proceedings, which were contrary to the interpretation of the 72nd section of the Merchant Seamen’s Act, 1877, which provided for the means to be adopted for the recovery of wages by civil process, and not lay an information aa for a criminal offence. The men had been seamen on board the Clyde, and when they demanded a settlement, the captain put in certain claims which they refused to acknowledge, and the Collector of Customs bad declined to interfere, and recommended that the money should be sued for in the ordinary way. He submitted that there were grounds for a civil action, but not for summary proceedings for a criminal offence. Mr Joyce submitted that he was willing to take the responsibility of allowing the money to be paid into Court, but Mr Williams objected that this course could not be adopted under the present proceedings. The Bench decided that the matter could be dealt either by civil summons or -summarily under the proceedings which had been taken by Mr Joyce. The latter course was adopted. The evidence of Paggan Hale was then taken. Mr Williams •stated he was willing to admit the amounts due, and his Worship ordered payment of the amount, with costs. Illegitimate Child. —Charles Dear was brought up on a warrant for failing to provide for his illegitimate child. Elizabeth Blackmore being sworn, stated she was the mother of the child, of which the accused was the father. The child was horn at the hospital in Timaru, where bhu was kitchen maid, and the accused had been courting her. Could not say when it happened, but it was about the time the circus was there. The complainant was unable to fii the date with any precision, and the Bench said with such vague evidence it was impossible to proceed with the case ; the comSlainant had better obtain legal assistance. Mr oyce, who was in Court, at once volunteered his assistance to the plaintiff, and the case was adjourned for half an hour. At the end of that time Mr Joyce informed the Court that he had been successful in making an amicable arrangement between the parties, and that the defendant, who had previously denied his paternity, now admitted it, and was willing to pay the defendant 5s per week. An order was made for the payment of that amount.

LYTTELTON. Thursday, February 13. [Before Dr. Donald, J P.] Four Times a Lunatic. Charles MoArthy, on remand from Ashburton for treatment for lunacy from intemperance, for the fourth time, was, at the request of the Ashburton authorities, remanded back for trial on another charge.