MAGISTRATES' COURTS.

Globe, Volume XXI, Issue 1736, 12 September 1879, Page 2

MAGISTRATES' COURTS.

OHEISTCHUECH. Fbiday, Septbmbeb 12. TBefore G. L. Mellish, Esq., B.M.] Dbtjnk aud Dibobdeei,y.—One first offender was fined the usual penalty of ss. Stealing* bom Pbemisbb. —Five boys were charged with breaking into and entering a shop and stealing therefrom three merschaum pipes, ten briar root pipes, about 100 cigars, and two pounds of cut tobacco, value at £6, the property of James Fetherick. The offenders were all boys, the oldest not more than 14 years of age. All the boys pleaded guilty. Mr Inspeotor Hickson stated that all the more raluable articles which had been stolen were reoovered, including the property recently abstracted from the Theatre Royal. The cigars, tobacco, &c, had been destroyed, but the parents and guardians of the boys would undertake to make good the value of the other things stolen. His Worship said he was Tery loth to send the boys to prison and, as it was their first offence, he woul_ be content if their fathers and guardians would enter into a bond for the appearance of tho defendants if called on, and severely chastised them as well. Tho defendants were then severely admonished, and removed, while the bonds were being entered into. I

Assault.—Bobert Johnson was charged with assaulting Henry Marks. The prosecutor stated that between seven and eight o'clock the previous evening he was standing in the Whateley road talking to a Mr Moss, when he heard screams of " murder," which induced him to send for the police. A crowd was collected, and the witness went over to where the defendant was standing, who seized him by the throat and struck him. He gavo him no provocation. Constable Leahy said he arrested the defendant for assaulting Mr. Marks. The wife of the defendant slatod that her husband, from some annoyance, had got into a very excited state, and threatened her. Ho did not strike her absolutely, but pushed her about, and fearing he might hold she screamed out murder. Mr Marks came to her protection, but she did not see her husband strike him. The Bench fined the defendant 20s.

Biotofs Behavioub.—Montague Lewin, George Pickering, and Charles Bolton were charged with behaving on the 28th of August in such a manner as to provoke a breach of the peace and cause a crowd to collect. Mr Percival appeared for tho defendants. Berry Cass, having made an affirmation, stated he resided in Coshel street east. About a quarter to twelve o'clock on the night of the 28th of August, a mob of men and youths came and took up a position in front of his house, and commenced howlingjand yelling. They had an effigy with them on a chair,which they attempted to burn. Stones were also thrown at the house, and (the effigy and chair were thrown into the front garden against the window. Ho did not identify any of the crowd. The noise was such as greatly to terrify his wife, who went into hysterics, and was seriously

ill for some days. Hii children were aba screaming with terror. Constable Carey saidabout a quarter put eleven o'clock on the night of the 28i.h August a crowd collected in front of Mr Can's shop singing and hooting. After a little while they went to the residence of Mr Cass, in Oashel street and for about ten minutes they repeated the same behayour. The three defendants appeared to be the ringleaders of the crowd. Walter Pilhet "stated he lived about eight or nine houses from Mr Cass's residence. About a quarter before twelve o'clock on the night of the 28th of August he heard a great disturbance in front of Mr Cass's house. He came out to see what was the matter and saw a crowd shouting and making a great disturbance. He recognised the defendant Bolton, but not Lnwin or Pickering. There was some stone-throwing, which was checked, and the proceedings terminated with three cheers for the policeman. Constable Mahoney corroborated all the main facts previously stated. Heard Mr Cass's name mentioned. i Heard seme one call out " Come out Cass." The defendant Lewin was singing but did not otherwise take a very active part, but the other defendants wore very excited. Witnesses were called for the defence, who stated that although the defendants were amongst the crowd they were not particularly conspicuous. One witness stated his opinion that if Mr Cass had come out the crowd would have " got at him," but they did not think he wonld come out. The defendants were sworn, but beyond denying the charge of using obscene or objectionable language or of an intention to annoy the family of Mr Cass, their evidence was mainly corroborative of that for the prosecution. They regarded the matter as a retaliative joke for the objectionable remarks made in the City Council by Mr Cass. Lewin appeared rather to have made an attempt to allav the angry feeling of the crowd than to stimulate it. His Worship expressed his condemnation of the whole proceedings. From the evidence it was shown that Pickering and Bolton had taken part in the proceedings, but Lewin, though countenancing them by his presence, had acted a repressive than an aggressive part. If parties took part in such proceedings they must put up with the consequences. The defendant, Lewin, would have the benefit of the evidence in his favor, and would be discharged, and the other defendants would be fined 20s each.

LYTTKIiTON. Fbidat, Sbptevbbb 12. [Before J. Beswick, Esq., R.M.] Dbtjkk.—Mary Getty, on promising to be more careful in future, was discharged. Civil Business.—Charles Warren, James Young, and M. Driver v. A. Carver, claim £66 6s. Mr Joyce for plaintifi. The defendant, master of the ship Matilda, did not appear. Plaintiffs claimed amount as balance owing for discharging and ballasting the Matilda. Judgm ■'; for plaintiffs with usual costs. Hempstalk and another v. same, claim £6 18s. Mr Joyce for plaintiffs. Judgment for plaintiffs with oosts and fee. J. Hemp* stalk T. A. Carver, claim £l2 lOj. Judgment for plaintiff with costs and fee. McDonald, Munro and Co. t. W. S. Walker, claim £1 15s. Judment by default. Curtis v. Bord, claim £1 17s (id. Judgment for plaintiff. Teague v. C. E. Dransfield, claim £2 ss. Judgment for plaintiff.