MAGISTRATE’S COURTS.

Globe, Volume XXII, Issue 1982, 1 July 1880, Page 3

MAGISTRATE’S COURTS.

CHEIBTOHUKOH. Thursday, July 1.[Before J. Beswiok, Esq., E.M., and J. S. Parker, Esq,, J.P.] Drunkenness. —Mary Ann Cook, an old offender, who was only released from Addington Gaol last Saturday after an incarceration of six months, promised to leave the town, and was discharged with a reprimand. John Brett, arrested by constable Sheehan at three o’clock in tho morning in High street, was charged with drunkenness, and also with obstructing tho constable in the execution of his duty. At the request of accused he was remanded until the following day. George Langford, who was before the Court two days previously, was fined 20a for drunkenness, and warned that if he came up again ho would bo imprisoned without the option of a fine. Obscene Language.— Walter Frow was fined 5s for using obscene language. On Premises Without Lawful Excuse.—Bobert Kejg was charged with having on the night of tho 20th ult. been in the house of Thomas William Bruce, stationholder, Oorralynn, without lawful excuse. Mr Stringer appeared for the accused. Mary Eebecca Kyngdon, who gave her ago as eleven, in answer to the Bench, said she had only been to Church once in her life ; had never been to Sunday school; did not know what tho Bible was, and had no knowledge of the nature of an oath. Tho Court decided that they could not take her testimony. Constable Haddreli explained that there had been no clergyman in the district within the last three years to his knowledge, and the nearest one was located at Malvern, one hundred miles away. Wilhelmina Giffard, employed on the station as cook, deposed that about half-past ten on the night in question she heard the girl Kyngdon cry, and went to her bedroom door. She wont and opened the door and saw accused sitting on the bed. A Mr Oaverhill was sent for by Mr Bruce, and in tho meantime accused left. Ho had been employed on tho station since harvest time and had that morning been paid off. At the time of the alleged offence he was not drunk, although he may have had a few glasses of drink. Charles Oaverhill, shepherd to Mr Bruce, deposed to hearing some one enter the promises after he had retired to bed. Constable Haddreli arrested accused on Tuesday morning, and in answer to the charge said he was drunk on the previous night and did not remember anything about it. Ho could not say whether ho was innocent or guilty of the offence charged. John Burrows, a station hand at Oorrolynn, saw accused on the night in question. He was “drunk” but not “very drunk.” This was the case for the prosecution. For the defence, Mr Stringer contended that it was merely a drunken freak on the part of accused. There was no felonious intention shown, and had he . stumbled in tho kitchen instead of the bedroom nothing further would have been hoard of tho matter. The Court—The Bench are satisfied that accused in this case was under the inflnuence of liquor, but that is no excuse, and he was not sufficiently under the influence of liquor not to know where he was going. A man living in a hutlon the station for the time he was, would know perfectly well the difference between going into the hut and the house, and carefully depositing his boots at the door. No doubt the man’s intention was to commit a felony ; however, the Bench will not inflict tho more severe penalty of twelve months’ imprisonment, but, under the circumstances will sentence him to three months’ imprisonment with hard labor.