MAGISTRATES' COURTS.

Globe, Volume XXII, Issue 1997, 19 July 1880, Page 3

MAGISTRATES' COURTS.

CHRISTCHURCH.

Monday, Judy 19. [Before O. Whitefoord, Esq., R.M., and J. E. Parker, Esq., J.P.] Drunkenness. —Two first offenders were dealt with, and John Duncan alias Henry Brown, against whom there were four previous convictions, was fined ss, with the usual alternative. Unlawfully on Premises. James McCauley was charged with having been unlawfully on the premises of John Adam Berg at four o’clock on Sunday morning, and also with breaking two panes of glass to the value of 4s. Prosecutor stated that ho heard someone in his back yard, and on going out saw prisoner, whom he struck with a candlestick. Accused, who made a plausible excuse to the effect that he had missed his way, was fined 20s, and 4s damages. Corporation By-laws.—George Lawrence was fined 5s on account of his horse straying in a public place. John Barrett, of Barrett’s Hotel, was summoned on three charges, viz , neglecting to place a boarding round an excavation in a public street; with bowing no light near an obstruction; and with not having a light near building material in a public place. Two witnesses were called, one of whom stated she had fallen into the excavation. The police stated that there were several former convictions recorded against defendant, who did not appear. Mr Whitelord remarked that penalties of 10s inflicted on previous occasions appeared to have no effect, and in each of the present cases he would inflict a fine of 40a and costs, also witnesses expenses. Charles Browne was fined 5a for allowing hia horse to wander at large. George H. Hefford was fined 5a for leaving his horse unattended; and Thomas Hoyton for a similar offence, the horse having bolted in this case, was fined 40s. Unregistered Dogs.—Charles Ooombos and David Gibb were each fined 40s for having unregistered dogs in their possession. Contravening Licensing Regulation. —Mary Elizabeth Smith, proprietress of the Queen’s Hotel, Cashel street, was charged on three informations, as follows: —1. With wilfully allowing gambling to take place in her licensed house ; 2, with keeping open her licensed house for the sale of liquors to others than bona fide travellers or lodgers during prohibited hours, after 11 p.m. ; 3, with employing a female, other than the licensee or her daughter, to be employed in the bar after 11 p.m. Mr Stringer appeared for the defence. Sergeant Hughes deposed that shortly after midnight of the 15th instant he followed a lodger into Queen's Hotel, and in the bar parlor observed four men playing cards. About this time the light in the billiard-room was extinguished, and witness going there saw eleven men, the majority of whom were not boarders in the hotel, one of whom had an empty glass in his hand, four with empty glasses before them, and in the bar ho saw the barmaid. J. J. McCulloch, who described himself as a commercial traveller, staled that he was in the Queen’s playing cards on the night in question, and was himself served, and others served with liquors after 11 p.m. They were playing cards for cigars, and witness took Mrs Smith’s hand. He saw a dice box in the room. Mrs Smith was present during the whole time. Cross-examined —Witness was merely resident in Christchurch at the present time, and not in employment. He was at one time in the police force, but would not answer the question whether or not he had been dismissed from the force. He did not have a dispute with Mrs Smith about payment of a cigar, nor did she strike him in the face. Ho had never been ejected from an hotel, and was not put out of Cooksou’s that evening, nor had he over played with dice. Agnes Oloudsley, barmaid in tho Queen’s Hotel, said she served no drinks on the night in question after eleven. Her reason for being in the bar so late was that she was engaged talking to two young men. Mrs Smith, the defendant, said there were no drinks served in the hotel on the night in question, Mr McCulloch came in about half-past ten, when he had some beer, and orders were given that he should be served with no more in the hotel. Witness was playing cards with some boarders, and waiting for others to come in. McCulloch had been put out of the house twice before. The barman deposed that he served no drinks after eleven on the night of the 15th. He received instructions to look after McCulloch, as he had no money, and could not pay; if he lost at : cards. Subsequently he had to eject McCullock from the house forcibly. By the Bench —There may have.been seventeen men in tho bar-parlour or rooms after eleven, but there was often a difficulty of getting rid of late customers at the time of closing. Dics-throwing had not been allowed in tho hotel for a fortnight past. This was the case for the prosecution. Mr Stringer rose to address the Court for the defence. Mr Whitefoord stated that a reply on evidence in a case of this kind was ultra vires. In this ruling he was guided by the Justice of the Peace Act. Mr Stringer submitted a reply was always allowed, and was permitted to proceed. The testimony was mainly that of a man who could only be regarded as a common informer. The cases were of a very trivial nature. The Bench considered there was little or no evidence to support the charges of gambling and employing a barmaid after hours. The information for keeping open after hours was supported by evidence of the informer, corroborated by that of Sergeant Hughes and a constable. It would be ridiculous to suppose that fourteen men would be idling in the billiard-room for an hour doing nothing while two were engaged flirting with the barmaid. Defendant would be fined £5 in this case, and the others would be dismissed. He would advise the barmaid not to remain in the bar after eleven, or she might subject her employer to a flue Vehicle Regulations.—John Albert was ■fined 5s for leaving his horse and vehicle unattended, and Hugh Walker was fined 10s for being an unlicensed driver of a carrier’s cart. The Building Regulations.—The Court having recently given its ruling that the City Building Regulations could be prosecuted under, the following persons were each fined £5 end costs for erecting buildings in the city of Christchurch, the walls of which were of other material than brick, atone, or cement, as demanded by the building regulations. Richard Walker, Charles Orchard, B. Burnett, James Boot, Charles Bailey, and John Sullivan.

Game Poaching. —James Adams and John Orr were jointly charged with trespassing with dog and gun in search of game. Mr Thomas appeared for the prosecution. Tho ranger said the two defendants bad a retriever, a greyhound, two double-barrelled guns, and a bag with a hare in it when ho saw them. Tho Bench fined them each 20s and costs.

Assault.—Thomas Alexander was charged by Hugh Mcllroy with assaulting him at Papanui on the 7th instant. Mr Holmes appeared for complainant, and Mr McConnel for defendant. The cate was dismissed.

[Before 0. Whitefoord, Esq , E.M.] Stabbing with a Knifb. —Samuel Dobbinson, fish hawker, was charged, on remand, with unlawfully wounding Ernrna Jane Dobbinaon, bis wife. Prosecutrix, whose head was bandaged with court-plaster, deposed that about eleven o’clock on the night of Saturday, the 10th instant, her husband came home drunk, witness being in bed at the time. Without any provocation ho caught her by the hair of the head and pulled her out of bed under the table and kicked her twice on the back. He struck her across the arm with a poker, and she got into bed again, when ho attacked her with what she supposed to bo a knife, and out her on the head with it, inflicting some severe gashes. He then sat down to his supper. He also cut her hand when she tried to protect her head. Accused made no remark when he committed the assault. She was bleeding very much, and at her request

ho went out to get a doctor, but returned without one. A neighbor and two of the police oame in, and also Dr. Grimes, who dressed her wounds and had her removed to the Hospital. Corroborative evidence was given, and accused was fully committed for trial.