MAGISTERIAL.

Globe, Volume XXIII, Issue 2246, 10 May 1881, Page 3

MAGISTERIAL.

OHHIBTOHUBOH. Tuesday, May 10. [Before G. L. Lee and J. Marshman, Esqs., J.P.’s). Drunkenness.—Mary Ann Greaves, an incorrigible drunkard, was fined 10s. Patrick Byan, who had been convicted five times for drunkenness within the last year, and who appeared in a state of incipient delirium tremens, was fined 10s for being again found ciruiik. Eobbeky With Violence. Thomas Heater Knibba was brought up charged with having stolen from the person of Benjamin Hurst the sum of £5. On the application of the police he was remanded until Friday next. Civil Cases. —Burrell v Beynoldo, £ll6s, for the services of three children in the chorus of the “ Pinafore” troupe, twelve nights each at Is per night. Mr Salter appeared for the defendant. Plaintiff, tho father of the children, stated that they bad been engaged by Mr Pollard, to sing at the Theatre on the terms above-named. Mr Pollard, before going away gave the children to understand that they would be paid by Mr Beynolds, who had also promised plaintiff to pay on Saturday last. Mr Salter here asked if plaintiff would say who engaged the children. Plaintiff said Mr Pollard did. Mr Salter then said that the present suit must fail. Mr Pollard ought to have been sued. Plaintiff said he sued Mr Beynolds as being the lessee of the troupe. The Bench pointed out that unless plaintiff could show that Mr Beynolds had authorised Mr Pollard to engage the children the case oculd >ot be gone on with. Plaintiff was not prepared with tho necessary evidence, and he was accordingly nonsuited. Judgments went by default for plaintiffs in Grieshaher v Carrol, £2 2s; Same v Wansey, £lO 8s 4d ; Smith v Coleman, £6; Neil Bros, v McLaughlin, £6 ; Beece v Broom, £3 0s 6d; end Qrffiiv O’Donnel, £5 9s s£d. KAIAPOI. Monday, May 9. [Before O. Whitefoord, Bsq., B.M.] Slaughter House Act. Licenses to slaughter cattle were granted to Messrs B. Coup, W. Sambrook, T. Pashby, and Wright.

Public Housb Licensing Act. W. Burnip,licensee Middleton’s Hotel,was charged with supplying drink to other than bona fide lodgers or travellers on Sunday, May Ist. Mr Stringer appeared for defendant. W. Wilson, labourer, Papanui, said he was served with two pints of beer, which he paid for. Was not stopping in the house, and did not represent himself as a traveller. Was in the house on Saturday and also over Monday, By Mr Stringer—Went to the hotel between 10 and 12 a.m. Did not have a swag with him. It wes raining. Witness might have said he intended going on to Belfast. The landlord did not refuse to open the door. By police— The bar door was open inside the hotel. James Turner, labourer, was called in reply to the police—He could not say whether he was ever in the hotel or not. Ho believed he was several times around it. Had taken in so much drink on Soturday that ho was not sober. The Resident Magistrate cautioned the witness, who, after being looked up on Monday till Tuesday last, had signed a statement before two Justices of the Peace to the effect that he had drunk throe or four glasses of brandy and lemonade in the hotel. Witness continued—He did not remember what he had done for several days, us “his head was not sober.” The presiding Magistrate here observed that the witness was making a great mistake in attempting to disguise whatever might be the facts of the case, for, as a general rule, such statements tended to create a prejudice as against defendants. After this witness had made a further irrelevant statement, ho was told to stand down, as he was simply a disgrace to the witness box. Sergeant Gilbert stated that, with Constable Gaffney, they entered tho hotel at 11.30, and saw witness Wilson there. Both inner doors of the bar were open, and the bar counter was wet with glass bottoms. Tho licensee was at the front door, his brother-in-law at the back, and a female in tho bar, as if they had bean been carrying on a good trade. W. Burnip deposed that before ho admitted Wilson ho said ho was a traveller ; his face was dripping from the rain, and he was shivering. Had not seen him before. He never served Turner with ai y drink that day. It was witness who drew the sorgeont’s attention to tho counter, as he was washi- g and cleaning tho bar, the doors being open for convenience of carrying the water and glasses. Ho usually cleaned up the bar on Sunday mornings. The Resident Magistrate, after commenting severely on Turner’s evidence os unreliable, said he must dismiss the information. So far as Wilson was concerned the licensee must in all cases bo careful to make aertain that a traveller was one in the proper sense of the term. It was highly improper to have both doors of tho bar open, and a loose way of doing business generally. James Hirst, licensee Mandeville Hotel, was charged with a similar breach of tho Act on tho same day. Sergeant Gilbert and Constable Gaffney gave evidence that they tried the front and side doors, but could only gain admission by the kitchen at the back. They found Turner and a man

who had been about town for some time with glaeees before them, one with a little in it and the other half-full, and 9d in change on the table. Oalloran, a 1 witness, stated accused also had a drink. Witness was on his way to Christchurch. J. Hirst, in defence, stated he understood that Turner, haying paid in advance for a bed, had stayed all night, and was a lodger, and he had brought Oalleran in. The Resident Magis trate expressed his determination to put a stop to Sunday drinking, an>l fine heavily any one convicted of this breach of the Act, and on the second offence would enter the conviction upon the license. Fined £5 and costs. Public Works Act.— J. Kinlfcy, owner of eight horses found at large on the Eyreton Bailway, which is fenced on both sides, was fined 20s. The gates from accused’s property were sworn to have been closed.

Breaches op the Peace. —Joseph Wilson charged Ralph Wilson with having on 29t,h ult. acted so as to provoke a breach of the peace. It appeared that complainant had tied a horse to a fence, and accused deliberately cut the rope. The magistrate expressed his regret to see brothers quarrelling in this manner. The accused hod previously entered into a bond to keep the peace for three months, which had just expired. Fined 40s, and ordered to enter into a surety of £25 to keep the peace six months. Isaac Wilson, laborer, another brother, charged Ralph Wilson with cutting down a willow tree. Fined 10j, and ordered to pay 2s value of the tree.

CITIL CABEB.—T. and W. B. May v W. Puddle, £3 4s sd, judgment debt; adjourned. Same v H. Murfit, £4 9s 3d, judgment debt; order made for payment within fourteen days. O. J. Champion v H. J. Wood, £l6 16s 6d ; adjourned. E. Parnham v H. J. Wood, £49 8s 6d ; arrangements were msde for payment in forty-eight hours. W. Stevenson v J. Hiller, £22 7s 6d, for amount of contract for building shop. Defendant showed that he had paid all he owed, and plaintiff had not fulfilled bis contract. Judgment for defendant with all costs.