MAGISTRATES’ COURTS.

Globe, Volume XXI, Issue 1660, 16 June 1879, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Monday, June 16. [Before GL L. Hellish, Esq., R.M.] Deunk and Uisoedeely. Two first offenders were fined 5s each, one drunkard 10s, and a fourth was sent to prison for three months with hard labor. Illegitimate Child.—John Haggle, who had been arrested on a warrant from Wellington, wo* brought up charged with failing tosupport his illegitimate child, of which Emma Jones was the mother. Mr R. I). Thomas appeared for the accused. The defendant was remanded to Wellington, but allowed to go at large until the first steamer sails for that port, on finding one surety of £75. Beeacii of the Peach. —James Q-ul was charged with fighting in the public street on Sunday night. Constable Harold e' ated that ho saw the defendant the pievious (Sunday) evening in the High street, in front of Mr Lewis’s fruit ‘hop. The other man, whose name was James Lynch, made off when witness appeared. The defendant said that Lynch interfered with him, and insulted a young woman ho was walking with, and then struck him. He tried to get away from theother man. After hearing the evidence of a witness, whom the defendant called, tho Bench decided to dismiss the charge. Disobeying a Summons.—Joseph Morell was brought up on a warrant for disobeying a summons to appear in the Resident Magistrate’s Court to answer a charge of behaving in a way calculated to provoke a breach of the Seace. The defendant's wife was in attenancc, and asked to be allowed to withdraw the summons, and stated that he had not appeared in Cimt as the summons be wbi

charged with disobeying having been nerved on her little girl, the defendant did not conaider he had been legally served. The defendant was then discharged. Labcbny. —Stephen South was charged with stealing a pair of boots, belonging to Richard Smith. Mr Joyce appeared for the accused. The prosecutor, a laborer, living at Knightstown, said that last Saturday afternoon ho went to Lane’s, the butcher’s, with the prisoner, and he left a pair of boots on the block in the shop. They came out together and went to the Golden Age. After drinking together prosecutor missed his boots, and asked the prisoner if he had them, and he said “No.” Witness returned to Lane’s, and they said the boots were not there. He then returned to the Golden Age, and he saw Sergeant Wilson take the boots from the prisoner. Mr R. D. Thomas here made a statement to the Bench and Sergeant Morice, saying that he did not wish to press the charge, His Worship decided to give the prisoner the benefit of the doubt, that it was a trivial offence arising out of a drunken spree, and discharged him. Labcbny,—John Bradley was charged with stealing an umbrella, value 10s fid, the property of Mrs E. Thompson. In the absence of the prosecutrix the accused was discharged. Tbansfeb of License. —The license of the Caledonian Hotel was transferred from Francis Innis to James Hurst. Obstbttctino the Stebbts. Frederick Lawrence, Timothy Dunbar, Frederick Reed, James Butcher, George Fastwicke, Thomas Morrison, James Paris, Maurice Kavanagh, and William Broad, fish hawkers, were sum- • moned for causing an obstruction by allowing their carts to remain standing in the streets contrary to City By-law No. 12, clause l._ In the absence of Mr Garrick, who was retained for the City Council, the police asked for an adjournment of the eases, and their hearing was put off until Monday, the 30th inst. Unlighted lloaeding. —William Harris was summoned for neglecting to provide a proper light at a hoarding in Tuam street. A fine of 10s was inflicted and costs 2s. Not Undbe Contbol. —James Drinkwell, Charles Baird, John Aulsebrook, and William Leserton were charged with absenting themselves from their licensed vehicles, and fined 10s each. Dbiting on Footpath.— Alfred Hills was fined 10a for driving across a public footpath. The usual costs of 7s was added to the fine. Wandeeing Hobbes and Cattle,— Finlay Ross, Peter Elder, Walter Smith, James Borland, and S. Manning were fined in various amounts for allowing horses and cattle to wander at large, Dbiting Without a License,— George Yallop was summoned for driving without a license. Mr Cowlishaw appeared on behalf of the City Council, and Mr R. D. Thomas for the defendant. The driving without a license was admitted. Ranger Beck abated that the defendant refused to answer some questions he put to him respecting another driver, and in consequence, upon his complaint, tho City Council has suspended the defendant’s license. This was the offence with which he was charged. On hearing the evidence of Ranger Beck, Mr Cowlishaw at once withdrew tho charge on behalf of the Council, and his Worship dismissed the case with costs. Abusive Language.— William Hall, jun,, was charged with making use of abusive and threatening language, calculated to provoke a breach of the peace, to Charles Hawker. There was a second charge against the defendant, that, in company with William Hall, sen., he did, on the 7th instant, willfully break a pane of glass, value 10s, the property of Charles Hawker, Mr Nock appeared for the complainant. Both offences wore clearly proved on the evidence of Mr and Mrs Hawker and their son, the damage done to the window being caused by one of the defendants throwing a brick through it. Both defendants had been convicted several times and suffered terms of imprisonment for various offences, and Mr Hall, jun., for the abusive language, was now fined 40s, and both defendants £5 each, or in default one month’s imprisonment with hard labor for |ho injury to the property. Assault. William Gregg was charged with having, on the 6th June, violently assaulted Elizabeth Gregg. Mr Joyce appeared for the complainant. The prosecutrix, who has a protection order, stated that on tho day of the assault the defendant came to a woman’s house where she was staying and dragged tho children out and knocked her down. She gave him no provocation, Mr Finlayson, residing in Sydenham, and with whom the complainant and her children were staying, corroborated her evidence. The defer dant was bound over in one surety of £2O to keep the peace towards his wife for tho future, or in default one month’s imprisonment. At the same time the complainant was cautioned to refrain from annoying tho defendant. LYTTELTON. Monday, June 16. (Before H. Allwright, Esq., Mayor.) Embezzlement. George Mitchell was presented for embezzling certain moneys, the property of A. Lazaretto. Sergeant-Major O’Grady asked for a remand until Saturday next, some evidence in the meantime to be obtained from Ashburton. Prisoner was remanded.

ASHBURTON. Feiday, June 13. [Before F. Guinness, Esq., R.M.] Obtaining Money xjndbb False Pebtbncbs. —James Daly, farmer, Highbank, Eakaia, was charged, at the instance of Mann and MoKerrow, merchants, Rakaia, with obtaining from them under false pretences the sum of £250, in the month of January last. Mr Purnell appeared for the prosecution and Mr McConnel for the defence. Mr Hurrell, clerk of the District Court, produced the papers in the bankruptcy of Daly, and read a list of horses mentioned as secured by a sale. These were Darling, Sam, Captain, Madam, Kitty, Nelly, Lass, Fanny, Polly, Farmer, Tommy, Maggie, Queen. Three of those horses wore marked as dead. A line was then drawn, and the following horses were namedßelle, Blossom, Flower, one •foal, and one ditto Tommy. Acted as trustee of the estate for a time, and saw the defendant in connection with it. _ Regarding the last-mentioned horses, Daly said he would send them to Ashburton to be sold for the benefit of the estate. Did not ask Daly if they were under the bill of sale. Believed the horses were bought in, and sold by Acland, Campbell, and Co. The horses sold were Belle, Blossom, Flower and Tommy. Witness would have sold the horses, even if he thought they were under a bill of sale, if the bill of sale had not been produced. Those horses were handed over as property available for the estate. Did not know, when trustee, who held the bill of sale referred to in the statement. By Mr McConnel— Neither seized nor put any person in possession of the three last mentioned horses. Mr Allen acted for witness in the matter, and he asked Daly, in his presence, to bring in the horses to sale, and they were sold by witness’s direction. Had not been asked for the Eroceeds of the sale, hut the money for the arses was handed over to Mr Allen, as trustee, by the auctioneers. An amended statement was filed after the prosecution was begun. Did not remember any demand being made for the horses after they were sold. Did not remember seeing any letter making such a demand. William Yigers, Clerk of the Supreme Court, Christchurch, produced a copy of a bill of sale by Daly to Mann and McKerrow, dated 7th August, 1877, and filed on the 10th. Also produced a copy filed under the mortgage of Stock Registration Act, John Mann —I know accused before last harvest. He owed our firm between £IOOO and £I7OO. About that lime ho asked for more money to pay harvesters’ wages. To cover the £I7OO we held a bill of sale over accused’s horses, and a lion over his crops at Highbank. After refusing further advances several timer, accused made a statement that he had ample property to satisfy claims, all he owned being ours. Thinking his statement satisfactory, I guaranteed £250 to the Bank for defendant. Our firm has to pay this money. The money was advanced to pay Daly’s harvesters. We would not have advanced it for any other purpose. During harvest Daly came to me with some of the men, and asked me to pay their wages, I told the men in Daly’s presence I had already paid him the money for that purpose, and refused, to pay more, instructing Miles to take possession of all Daly had got. The men refusad to go on working without our guarantee for payment. We got them the guarantee. Wo had to do this to save the crops. On this guarantee wo had to pay over £7O as wages. Tnero were about 5500 bushels of wheat sent homo ; there were 1900 bushels of oats on defendant’s farm. We roughly estimate our loss at £IOOO. Cross-examined Mr McConnel —I believe Daly received a statement from us. When ho applied for the but advance Paly gave us bills tor hia Bank

overdraft. I can solemnly swear that every nanny paid) after the statement was for harvest work. The £250 was not advanced altogether j £2OO was advanced first, and £SO a few weeks afterwards. These sums were advanced on the strength of Daly’s statement, which we thought showed ample security. We would not have advanced the money for anything but harvest wages. We advanced no money for the Ashburton farm. Satubday, June 14. Obtaining Money on False Peetbnces. —The case against James Daly was proceeded with, and after hearing evidence of several witnesses, the accused was committed for trial at the Supreme Court. Bail was allowed, himself in £3OO, and two sureties of £l5O each.