MAGISTRATES' COURTS.

Globe, Volume XXII, Issue 2037, 3 September 1880, Page 3

MAGISTRATES' COURTS.

OHRIBTCHUROH. FSIDAT, SbFTBMBBB 3. [Before G. L. Mellish, Esq., B.M.] Disobeying an Obdeb. —William Patienoe "was brought up on remand from Thursday chareed with neglecting to obey an order of .the R. M. Court at Invercargill for the maintenance of his illegitimate child, his payments being £lO in arrear. Mr Stringer, who appeared for accused, wanted to know by what authority the gentleman was detained. It had Deen decided over and over again that, except for a felony, a constable who undertook to arrest a man was required to have a warrant in his possession at the time of the arrest. It had been laid down on one occasion where a man was arrested, the warrant being at the police station, that tho police had acted illegally. There was not a Bhadow of right in the detention of the accused, who was prevented from making arrangements to settle the case by being locked up. II prisoner had knocked the conetable down he would have been perfectly justified in doing so. [Prisoner is a very little man, and the last remark of Mr Stringer excited some laughter.] Mr Stringer went on to say that he claimed the discharge of the prisoner forthwith. The Magistrate said that when he remanded the prisoner he told the police to give him all possible facility for communicating with his friends. Bseides the contention of Mr Stringer, which was quite correct, he had received a telegram from Invercargill, saying that the lady who laid the information had since been married. Perhaps that fact might influence the case. Prisoner would be discharged, but as the warrant would be in Christ church in a few hours, the interval had better be made use of in coming to some arrangement. The accused then left the Court.

LYTTELTON. Friday, Sbptembeb 3. [Before Joseph Beswick, Esq., K.M.] Lakceny.—Henry Belmont, alias Bingshine, was again remanded until September 7th, charged with larceny from the Dido. Bobert Beuben was charged with the larceny of a number of articles of apparel, value £5, the property of John Bush. Accused was in company wi*h the prosecutor drinking, and took the latter's carpet bag, subsequently telling a portion of the contents. The prisoner was sentenced to three months. Is rax Wbons Hottse.—W. Sinclair, for -entering the house of J. McEenzie unlawfully, was, at the instance of the polioe, remanded until Saturday, bail being allowed in £25. Stbay Cattle.—William Mitchell was cattle. Sending in Society's Retubns.—John Smith Wilcox was charged with having failed to send to the official registrar the returns, lists, &0., as the secretary of the Foresters' Society. Lodge Court Queen of the Isles. Mr H. N. Nalder appeared for the defendant, and the police undertook to proeocute. Mr Nalder objected to the information, in which there was an error in one of the dates. The Bench took a note of the objection. He further objected that there were two distinct offences charged in the one information. The neglect of not sending a return of the financial position of the society constitutes one offence of itself, and the neglect of nctstnding in a return of the " list of members," ■&3., another offence, and both of these were included in the information. The Sergeant-Major of Police argued that the information was in terms of the Act, and could not be upset by the objection raised. Mr Nalder submitted to the Court that the Sergeant-Major of Police was out of place in proceeding with the argument. He took exception to the locus standi of the police, that the informant was not represented, and, therefore, the case must be dismissed. The Bench was unwilling to give a decision on the points raised just at present, and it was agreed to postpone the hearing until the Court had an opportunity to examine into the objections. The case was then adjourned until next Tuesday. Kicking at Shop Doobs. William Wright, Frederick Green, and George Roman, three boys, pleaded "Not Guilty" to a oharge of creating a noise outside Mr Thomas Wright's shop, on London street, by kicking at prosecutor's shop front in such a manner as to cause annoyance. The boys were cautioned and let go. SoppliYlNg Deink to a Dbitnk.—Patrick O'Brien was charged with supplying George Dyson with alcoholic drink on the 25th ult., he being at the time intoxicated in the Empire Hotel. Mr H. N. Nalder appeared for the defendant. George Dyson testified to being under the influence of drink partly, and when ao, he was supplied with' some pi rt wine. In cross-examination witness said he could not be certain whether he drank it or not. Ho had been in other houses, and was neither sober nor drunk when he went into the Empire. When he went in he shouted, and Mr O'Brien served him with lemonade. It was after that the port wine was supplied to him. |_Left sitting.']