MAGISTRATES’ COURTS.

Globe, Volume XX, Issue 1579, 12 March 1879, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Wednesday, Maech 12. [Before Q-. L. Hellish, Esq , R.M.] Dhunk and Disoedbely. —Michael Hartigans was charged with being drunk and disorderly at the Christchurch Railway Station, and also assaulting a railway servant in execution of his duty. John Campbell, a night watchman in the railway depot, said the defendant came in a state of drunkenness at eight o’clock the previous evening, and wanted to go by the Port train. He was persuaded to go away, but shortly afterwards he returned and refused to go away, and violently assaulted the witness, knocking him down and getting on him. Witness was assisted by a cabman, until the arrival of Constable Kelly, when ho was given into custody. The accused was fined 5s for being drunk, and 40s for the assault. Laeceny. —William Mitchell was charged with stealing a watch, value £5, tne property of Frederick Maxwell Thompson. The prosecutor, a surgeon, residing in Fendaltown, deposed that on Monday morning he was at the Plough Inn at Riccarton, arid intoxicated. He went into the park for a walk, through the plantation, accompanied by the accused. He was wearing a watch at the time, which disappeared, he could not say how, and did not know of the loss until lie was told of it. The next time ho saw it was in the hands of the police. The watch produced was the same. Never aave it to any person, and was previously unacquainted with the accused until he took the walk with him. Alfred Lewis, son of the licensee of the Plough Inn, Riccarton, remembered seeing the accused and the prosecutor drinking iu the bar together at half-past eight o’clock in the morning. Ho next saw the accused at half-past ten, when

his father colled him over to the house and informed him that the accused said prosecutor had told him he had lost his watch in the river. Accompanied the accused to the river and together they scorched for the watch, but they could not find it. After giving up the search the witness saw the accused’s coat on the bank, and he noticed something bulky in it, which ho examined and found to be the missing watch. Subsequently he informed the prosecutor of what he Lad seen, and gave information to the police, and the accused was arrested at the White Swan Hotel by Constable Noil, with the watch in his possession. He accounted for it by saying he had found it on the river hank. Charles Brown, a laborer, said he remembered hearing the accused say the prosecutor was mad, and had thrown his watch at Urn end of a piece of toi toi into the river. William Collier, landlord of the White Swan Hotel, said the defendant came into his bouse the previous day and showed him a watch, which he said he had found in the river, and requested him,if he heard of any one having lost a watch to tell them he had found one. The watch had not the appearance of having been in tne water, and the witness told the accused so. Constable Noil stated that he arrested the accused at the White Swan Hotel on Tuesday last on a charge of stealing a watch. It was handed to the accused by Mr Collier, and witness received it from the former, and then took him to the depot. Charles Lewis, landlord of the Plough Inn* Riccarton, remembered seeing the prosecutor and the accused together. The former wanted his watch wound up and the accused offered to do bo, and wished to see it, but the prosecutor would not permit it. After some conversation they want out together. Some time after the accused returned and informed him the prosecutor had lost his watch in the river, and the witness sent his son with him to assist in looking for it. The accused in his defence said ho found the watch on the bank of the river, but intended returning it the following morning. Ho had no felonious intention. His Worship said he would deal with the case summarily, as it was a first offence, and nothing wag known against him. He would be sentenced to three months’ imprisonment with hard labour, George Wilkes was brought up on a charge of etealing a quantity of clothing, the property of some person unknown. Constable McDevitt said, shortly after twelve o’clock the previous night he saw the accused coming along Tuam street with a bundle in his arms. When ho saw him, the accused ran away, and the witness picked up a bundle of wet clothes. He ran after the accused and took him into custody. The clothes had not been identified. On the application of the police the accused was remanded for a week.

Causing an Obstruction.— Alexander Clephane was summoned, at the instance of the Christchurch City Council, for permitting an obstruction to remain in front of the Oddfellows’ Hall, Lichfield street. Mr Garrick appeared on behalf of the City Council, and stated that the complaint had been laid under sub-section 1, clause 189, of the Municipal Councils Act, 1876, and called Mr Walkden, the City Surveyor. The defendant said he was merely the chairman of the hall committeo. acting for the trustees, and that the latter were the responsible parties, not him. Mr Garrick said that when the case had originally been brought into Court he had given the defendant the option of transferring the responsibility on to the shoulders of the hall trustees, bub the defendant had only laughed at him and refused to give him their names. Mr Walkden, being sworn, stated that the City Council had complained that there was an obstruction in front of the Oddfellows’ Hall, Lichfield street. The witness described the obstruction, which was a stone step some Sin. or 4in. above the level of the footpath, to assist persons to get into their carriages. In consequence of the complaint, he had written to Mr Clephane on behalf of the Council, requesting the removal of the obstruction, and had received a letter of refusal from the former, on the ground that he had received specific permission from the witness to put up a stone step in front of the hall. Francis Hobbs, Inspector of Nuisances, being sworn, said he had no recollection of hearing any conversation between the defendant and the City Surveyor, and he did not remember any permission having been given by Mr Walkden to the defendant to put up a step in front of the hall. Mr Haskins, Town Clerk, being sworn, said no permission had been given either to Mr Clephane or to the trustees of the Oddfellows' Hall to put up the obstruction complained of. Mr Backhouse said he resided in Lichfield street, and had reason to remember the stone complained of, as he had fallen over it. He considered it a dangerous obstruction. Ho had suffered from the consequences of his fall. Mr Garrick said he did not wish to press the matter, and no further proceedings would be taken by the Council if the defendant would _ undertake, on behalf of the trustees or his committee, to remove the stone within a week. The defendant said the matter rested with the trustees, not with him. His Worship said he would adjourn the case for a week, and if he was informed by the City Surveyor that the obstruction had been removed, no further steps vrould be taken. Larceny. John Duncan and John Mcßride, on remand, were charged with stealing a watch, the property of James Hart; Mr Neck appeared for Mcßride. The prosecutor stated he was a blacksmith, living off Colombo street. On Sunday last he left home at 10 o’clock, having his watch on him. He went to a friend’s house, and had some beer and some medicine ; one of the two made him drunk. After he left his friend’s house, he sat down beneath the verandah at the corner of St. Asaph and High streets to rest himself and obtain shelter from the rain. At that time in addition to his watch ho hud a £1 note in his possession. The next time he saw his watch it was in the possession of the detectives. It was Whittington who told him he had been robbed of his watch, and who afterwards went with him to the depot, when he reported his loss. He did not see either of the prisoners near him. After he wa» informed of his loss by Whittington witneis found the pound note was gone too. Edward Whittington, a quarrymam, deposed that on Sunday last he saw James Hart standing by the Oaversham Hotel. They crossed the street together, and sat under a verandah for shelter. Witness went away and afterwards returned, and he saw the two prisoners come up to the prosecutor. Duncan began feeling about hii clothes, and his companion Mcßride sat down about on arm’s length away. When the prisoners wont away they turned into the Wellington Hotel, and the witness came over and woke up the prosecutor, who then missed his watch and the £1 note. Witness then came to the police depot with the prosecutor and reported the loss. Walter Lloyd, a warehouseman employed at Matheson’s china store, Cashel street, said on Sunday last, between five and six o’clock, ho saw the prosecutor lying asleep under a verandah opposite the Oaversham Hotel. Ho saw the two prisoners near him ; one of them was lying down close alongside him, and tho other was standing about a yard off. He saw Mcßride take the watch out of the prosecutor’s pocket and put it in hi® own, and they then went away together down St. Aeaph street, and eventually went into the Wellington Hotel, Witness then informed a constable of what he had seen, and pointed out Mcßride to him. Detective Walker deposed to arresting the prisoner Duncan on Sunday night as he was in the act of taking a watch out of hist pocket to show another man. Tho watch in Court was the same. He charged him with stealing it from James Hart the same evening. Constable Nelson deposed to arresting the other prisoner on tho evening of the robbery in Tuam street. He denied over stealing a watch in his life, Mr Neck addressed the Court on behalf of Mcßride. His Worship considered that the case was conclusive against both the prisoners, and he was disposed to deal summarily w ith the case. Mr Inspector Hickson said the prisoner Duncan had already undergone a sentence of eighteen mot th«’ imprisonment for robbery, in Timarii, which ho could prove by a witness in Court. His Worship said he would take it as a simple case of larceny, and deal with it. He cautioned Mcßride, and sentenced him to three months’ imprisonment with hard labor, and Ducan to lix months’ imprisonment with hard labor.