MAGISTRATES’ COURTS.

Globe, Volume XXI, Issue 1714, 18 August 1879, Page 2

MAGISTRATES’ COURTS.

CHRISTCHURCH. Mondat, August 18. [Before G. L. Mellish, Esq, R.M., J. P. Jameson, Etq., W. E. Melv'lo Walker, Esq., and George Hall, E«q., J.P’sJ Chunk and Disohdeblt. —Two first offenders were each fined ss. LauCENV. —Geo. Hyde and Robert Hardie. remanded from August 15th, were again brought up on a charge of stealing money and goods from the shop of Theophilus Lightfoot in tho Springfield road. The particulars of the cares were gone into on Saturday last. The Bench sentenced each of the two prisoners to three months’ imprisonment with hard labor r.nd two floggins of eighteen lashes each at the commencement and termination of tho term. Fbaudulent Phetencbs. — Charles Rovle, remanded from tho 11th instant, was charged with endeavoring to obtain money from Joshua Singleton under fraudulent pretences. The prisonar was now defended by Mr Hyde Harris, of Ashburton, and submitted that according to tho f orms of the section of tho Vagrant Act under which the proceedings were taken tho summons and, information were both bad, inasmuch as tbe nature of the benefit which the prisoner -was alleged to have

fraudulently endeavored to obtain was not disclosed in either. The Bench overruled the objection. Mr Harris then asked that the information might bo amended in order that ho might know the exact nature of the benefit the prisoner had been charged with attempting to obtain. He also objected to the e\idonce of the prosecutor, Singleton being considered incriminatory of the prisoner. The Bench having read the evidence of Singleton over decided not to proceed further with the case, and the prisoner was accordingly discharged. The Bench declined allowing the expense of witnesses. Pnm.io Hoyse Oedikance. Edward Brinkman was summoned for keeping bis licensed house open during prohibited hours, for psrraitting gambling, and also for selling liquor without refreshments. Mr R. D. Thomas appeared for ths defendant. Sergeant Morico stated that since the information had been laid two of the principal witnesses for the prosecution had disappeared, and were evidently endeavoring to keep out of the way to avoid giving evidence. There was another important witness whose evidence he would ask to be taken, and then have the case remanded for a fortnight. Thomas Crisp, a groom, deposed that he was in the Kendal Boarding House on the evening of August 3rd, the first time at seven, and afterwards between nine and ten o’clock. Two men, each called Charlie, mates of witness, were boarding at Kendal House, Witness had a glass of beer in the evening, and the other men had a drink ss well. The liquor, a bottle of beer, was supplied by the defendant’s wife. They had no other refreshment at that time. Between nine and ten o’clock witness saw one of the two men ploying at poker with some ether men for money. Money was laying on the table. Sergeant Moiico here requested that the information might be amended, as on the summons the alleged breaches of the law were erroneously stated to have been committed on the 4th instant, whereas it should have been on the 3rd. Mr Thomas said ho would lake no objection to such amendment, hut should reserve his right of comment on the amendment, as affecting the credibility of the witness. Mr Thomas cross-examined the witness at considerable length, and then called Constable McDevitt, who stated that the complainant informed him that at 13 30 a.m. he left Kendal House. Complainant told him that his mates were gambling, and ho was forbidden the house for trying to get them away. _ The story told by the last witness differed in all material particulars from the evidence he had given in the Court. A lodger in the defendant’s house swore that the defendant had asked the last witness to pay for his bed, and ho had refused to do so. In staling, under cross-examination, that the contrary was the fact, the last witness had sworn Did not see any card-playing or gambling going on in the house'during the day. The only liquor that ho saw drank that night was a bottle of porter, served to the two men, the Charlies, who were lodging in the house. The witness Crisp was not in the house when the beer was served, but came in afterwards and had a glass of it at the invitation of the men. Crisp was not sober that evening, or during the earlier part of the day. A witness, named Laurence, who lodged at Kendal House, stated he saw the witness Crisp in the house twice on Sunday, the 3rd instant. Witness was in the house constantly between eight and eleven o’clock, and in the front room. Could swear he saw no gambling going on during that time, Was certain neither of the two men referred to by Crisp were playing with cards between nine and ten o’clock. Another witness gave corroborative evidence as to the absence of any card playing in the house, and generally contradicted the evidence of the witness Crisp. After a short address from Mr Thomas, the Court at once dismissed the case. Mr Thornes applied for the expenses of the witnesses, who had specially left their work to vindicate the character of the defendant against a vindictive and malicious charge. The Bench held that it was not in their power to grant expenses. Railway By-laws.—Thomas Bailey was fined 10s for getting into a railway train while in motion. George Nelson and Selina Eubley were each fined 60s for travelling with a transferred ticket. T. Paronti and Nicholas Columbus were summoned for trespassing on the railway lino. The former, an Italian, pleaded, through an interpreter, ignorance of the English language and that he was breaking any law. tinder the circumstances the Bench dismissed the case, with a caution to the defendant. Constable Kelly stated that Columbus knew that he was illegally on the line, as he had been cautioned, and there was also a notice on & board set up. As it was a, first time, the Bench a'so dismissed this case.

Unkegibtebed Dog. —James Sinclair was fined 20s for haring an unregistered dog in bis possession. Obscene Language. —Henry Sharpies was summoned under the Vagrant Act for using obscene language within hearing of a public place. The language complained of was used by the defendant in his own house on the Ist August. Constable Henry gave evidence as to the commission of the offence. The defendant could not remember the language he was alleged to have used, and pleaded great domestic provocation, and that the constable had, in his opinion, no right on his premises. A fine of 10s was inflicted. Wandebinq Houses. —George Steele was fined 5s and 7s costs, for allowing three horses to wander at large. Trespassing. —Thomas Bailey was summoned for trespassing on the 12th May, with a dog and gun, in pursuit of game, on the property of Messrs Morten and White. The defendant said he was not aware that he was trespassing in going on the run, and would abstain from going on it for the future. Ho was willing to apologise to Messrs Morten and White. Mr Morten said he would only press for a light penalty, as a warning to others, and the defendant was let off on payment of 9s costs. [Left sitting.J