MAGISTRATES’ COURTS.

Globe, Volume XXII, Issue 1937, 10 May 1880, Page 3

MAGISTRATES’ COURTS.

CHRISTCHURCH. Monday, Mat 10. [Before G. L Hellish, Esq., R.M.J

Drunk and Disorderly. Alary Ann Kirkwood was charged with vagrancy, and having no lawful means of support. On a previous occasion she was allowed forty-eight hours to clear out. After a lachrymose appeal to tho Bench she was allowed till 12 o’clock to leave tho town. Six first offenders were fined 5s each. One first offender was fiued 5a and 2s cab hire. A female inebriate, for using obceenc language in a public place, was find 20s. Neglecting to Register.—o. Corfe was charged with neglecting to register the birth of his son Fined 20s.

Assault. Eliza Ching George was charged with the above offence on 2Sth April, Mr Stringer for the prosecution. Henrietta Beatrice Exall —I am wii'o of Joseph Exall and live at St. Albans, opposite tho Chinamen’s gardep. I know the accused. She is the wife of one of the men in question. On Wednesday, 28th April, I went to accused’s garden to see Ching I. I went up tho garden path and saw Mrs Ching George. I immediately crossed over to another part of tho ground to avoid her. She came straight down the path to meet me, with a stick in her hand, about three feet long. I went up tho path close by. She immediately raised the stick, and made use of bad language, saying “ Off you go,” saying she would do for me, and struck me on tho side of the temple. She struck rue three times across the shoulders and on tho arm and also the temple. Blood was flowing from my face, and I ran up to Ohing’s house, and tho door being open rushed in. She followed me with the stick upraised. Ohing I was inside. The accused did not come in, but I heard her outside. She said it was a good job, and if my husband came he should never go out or in again. She mado use of bad language. I then went home. I suffered great pain from the injuries. I was confined to my bed for a week, and was attended by Hr. Townend. Eor eight months I hud never spoken to Mrs Ching, and ga to her no provocation. Crossexamined by Mrs Ching—Ton did not tell me to go out of your garden. I had no other right but that of business to be in your garden. You never gave me any warning to go out of your garden, and I never came on the premises except by the request of Ching I. Dr. Townend deposed—l am a duly qualified medical practitioner. I have attended Mrs Exall lately. I think first last Monday week, on the morning of tho day ehe received the injuries. She had a wound over the right temple about Jin. in length, and was severely bruised on tho shoulder and on tho upper part of the arm—the left arm. I attended her till within the last day or two. The injuries were not serious, but that on the temple might have been, as it was a dangerous part. Mr Stringer asked that the accused be committed for trial. The husband of accused said people would keep trespassing and annoying them. Mr Stringer said Mr Exall did not wish harsh measures adopted. The Bench said the matter would ho dealt with summarily. Accused said she only wanted peace and quietness, and was willing to undergo any punishment. She had no witnesses to call; all she wanted was for tho E rails to keep out of her place. Tho Bench remarked that it always took two to make a quarrel, and advised Mr and Mrs Exall to avoid giving any cause of annoyance to accused ; he would not inflict imprisonment. Accused said her expenses were very heavy, and sho would rather go to prison than pay a fine, as she could not pfford it. Fined £5 and coats ; two witnesses at £1 Is each; in all £7 4s ; or in default one month’s imprisonment. Bbbach op City Bi-Laws. Josiah Hodges was charged with a breach of the Hackney Carriage By-laws by driving without a license. The constable said that on April 29th ho saw the defendant driving a bus with passengers inside down High street, a quarter of an hour after he saw him again. It was the Hew Brighton Coach. Accused said he was only driving for the regular driver whilst he went to get some medicine. Tho constable said ho saw him stop at tho White Hart, and after that go to the Boat Office. Accused being sworn, said ho took the coach from the Britannia Hotel to High street, to the White Hart, and then to thejjPost Office for mails. By Inspector O’Donnell. “I did not drive from New Brighton that morning, nor taka any fares.” Case dismissed. Unbegistsbed Dogs. — R. H. Hankins for having an unregistered dog in his possessions was fined 20s and costs, 2s. David Douglas, for a similar offence, was fined 20s and costs, 2s William Yeague, for a similar offiencs, was fined 20s and coats, 2s. William Highsted, for a similar offence, was fined 20s and costs, 2s. Bbbach op xhb Peace. —Henry Charles Hayes and Joseph Yeitch were charged with committing a breach cf tho peace at Papanui on Saturday night last, by fighting in a public place. The offence was admitted. Fined 20s each, and costa of throo witnesses 265, or 33s each, and coats 2s. Henry Hinge was fined ss, and costs 7s, for having's horse wandering at largo. J. L. Pattriok was fined ss, and costa 7s, for a similar offence. Nuisances on Peemises. —James Martin and J. Burns wore charged with allowing nuisances on their premises. This was an adjourned esse, end on the application of Mr Frank Hobbs was further adjourned till 17th May. Abusive Language. —Lucy Weston was charged with having used abusivo language to Daniel Kearney, at Sydenham, on the 4th of May. D. Kearney gave evidence as to the language used. Archibald Lusk and another witness gave corroborative evidence, and said accused threw largo atones, and called him a thief, liar, &c. Accused, who was very excited, had to bo repeatedly cautioned as to her behaviour in Court. Fined 10s, and costs 9a.

LYTTELTON. Monday, May 10. [Before Joseph Beswick, Esq , E.M.] Bbeaoh of the Peace.- —Thomas Holmes and Arthur Sylvester were charged with fighting in tho public street within view of a constable on Saturday last. Thev admitted tho offence, and it appearing that Holmes was the aggressor, ho was fined 10s, Sylvester discharged. Judgment in Ciyid Case. — J. Miller v Luly, claim £2O for damage to slip. Mr J. Joyca for plaintiff. Mr H. N. Naldor for defendant. Tho Bench now gave judgment. Of the exception taken by defendant’s counsel to the plaint and the right of the Court to amend the same, the Bench decided it had perfect power to make the alteration ; also as to the question of jurisdiction raised by defendant’s counsel, tho question of title had not been raised, and *he Beach thought it perfectly competent to try the case on its merits. On tho facts brought out in the evidence, the Bench was of opinion that the plaintiff was injured by defendant both in using his chain and a portion of his slip. It was therefore a question of tho extent of damages sustained. The evidence was conflicting, but, taking that of tho witness Grubb, it was plain that tho plaintiff had been injured. Tho Bench had considered tho case carefully, and had decided in equity and good conscience to givejudgment for tho plaintiff for damage to bits, £3, and detentions for half a day incurred by him, £l, with costs. Leave to appeal was granted.