MAGISTERIAL.

Globe, Volume XXIII, Issue 2255, 20 May 1881, Page 3

MAGISTERIAL.

OHRISTOHTJROH. Thursday, May 19. [Before J. Nugent Wood, Esq.. R.M, and J. Ollivier, and B. Westenra, Esqs., J.P- »-J MaiIOIOTOIY DAMAGING Property.— Alfred Walter Wright appeared to answer a charge of having, on April 19th, 1881, pulled down part of a house in Lichfield street, of whioh he is the tenant, tho same being the property of Wm. Wilson. Mr Uowlishaw for tho prosecution, Mr Stringer tor the defendant. . , . The following evidence was taken in this case yesterday attor the adjournment: Two Chinamen, Tee Ohong, a tea lead dealer, and Fung Nane, furniture °/ ale *> residing near Wright's house, deposed, the former to seeing Wright removing the fence, tho latter to helping him to cart away the out-house, &i. Wm. Hartland, clerk with Miles and Co., doposed that Wright had gicen notice about Maroh 29bb, of tho transfer of the sections at Opawa to a man named Henry Oorbett. Samel Barnes, a storeman employ by Wm. Wilson, deposed to having seen some fruit trees on the sections before referred to, which were newly planted, and hod been removed from Wright's place m Lichfield street. There was a horse tethered there also, which had belongod to Wright. This was the case for the proseoution. Mr Stringer, for the accused, reserved his defence. A further charge inrespectof the fruit trocs was then gone on with. It was alleged that defendant had taken away from the premises nine pear and threo apple trees of the value of £3 12s, and that they are now planted at Opawa on ground before alludod to, in which defendant has or had an interest. The same witnesses gave evidonce. Mr Stringer, for the defence, admitted that the trees had been removed, but that had been done by Wright in the belief that as he had bought and planted the trees they belonged to him, and there had been no malice; he had merely done what is dono daily by departing tenants, and the offenoe should have been set right by a civil action for the value of the trees ; also, tho property having been mortgaged by Wilson, he had no right to prosecute. He should ask, therefore, that tho information should be dismissed. Mr Cowlishaw, in reply, submitted that if the trees were severable from the freohold, then thoy

would have become vested in the trustee in Wright's bankrupt estate, and therefore certainly would not belong to accused. But thoy could not be to severed, and the fact of their being stolen as they were did not take them from under the operation of the Malicious Damage to Properties Aot, under which tho prosecution had been instituted. The Bench thought that prima facie cases had been made out, and accused was committed to take his trial, on both charges, at the next session of the Supreme Court to be held at Ohri«tchuroh. _ Pagh t Daiton.—ln this case, wherein defendant had some time back been adjudged to pay several years' arrears of an allowance for the maintenance of his illegitimate ohild, Mr Holmes stated there were some difficulties in the way of enforcing payment, and, as a matter of fact, defendant had not paid, and offered only £2O to plaintiff instead of the £79 for whioh judgment had been given. Mr Holmes now asked that a specific order be made, ordering him to pay whatever was due to the Industrial School, whore the child had been for twelve months, and the balance to be handed oyer to the mother, or in default that the other penalty bo exacted, namely, six months' imprisonment with hard labor. Defendant had behaved so shabbily that for his part Mr Holmes would rather see him sent to gaol than paying the money. His Worship said that on being furnished with particulars he would make tho order as prayed.

[Before 0. Whitefoord, Esq., R.M.] Civil CA3BS.—Wilson v Atkinson. On the application of Mr Gresson, for defendant, a rehearing herein was granted for May 31st at Bangiora. In contested oases, judgment was for plaintiff in Smith v Bray, claim £l2, £2 and costs ; Horner v Nolan, £4; Munnings v Oox, £2 lis lid ; and Ingles and Co. v Foley, 18s 6d. Judgment went by default for plaintiffs with costs in McOonnel v Bates, £lO 6s ; MoOlatchie and Mcintosh v Thompson, £2 14s 6d ; Longdin v Drury, 17s; Carew v Burro* s, £1; Brown v Orabtree, £4 ; Pye v Walton, £4; Griffin v Johnston, £ll2s ; Saul v Orabtree, £2 4s ; McOallum v Houston, £1 14s; Skinner v Dodd, 6s 6d ; Baynes Bros, v Jackson, £1 9s 9d ; Hale and 00. v Jackson, £1 5s ; and Orowe and Co. v Gwatkin, £2 14s. Fbiday, Mat 20. ("Before G. L. Lee and W. M. Maskell, Esqs., J.P.'s] Vagbahoy.— F. W. Berry, a well-dressed young man, was brought up charged with having no lawful visible means of support. Deteotive Neill stated that he had known prisoner for some time. He described him as a tout for prostitutes and a flunky in brothels. He did no work whatever, and regularly associated with convicted thieves. Another deteotive officer corroborated the above evidence, adding that prisoner had been cleared out of Oamaru, where he had been leading a similar life. He was one of a set of bad characters who float about from town to town, moving on when_ their quarters are made too hot for them. Prisoner said he had been cooking for a Mrs Bowen. Sergeant Morice informed the Bench that the woman he named was the keeper of a house of illfame, and had been lately sent to gaol. Prisoner was sentenced to one month's imprisonment with hard labor.

Eobqbby and Uttbbing.—John Soott was charged with forging and uttering cheques, one for £l6 in the name of Q. B. Dance and one for £6 in the name of Horatio Nelson, both on the Bank of New Zealand. On the application of the police, Scott was remanded till the 26th inst.

AMBERLBY. r Thubsdat, Mat 19. t [Before "Messrs Fendall, Woodhouse, and 1 Douglas, J.P.'s.J c 1 Bbhbabins.—Mr Ferrar, the hon. secretary * Amberley raoe eommittee, against whom judfcment had been recovered last Court day, in _ the case of Lynskey v Eerrar, applied for a {■ rehearing. The Bench stated that they could jj not grant such an application, it must be made before the Magistrates who originally l tried the case, and they also deolined to interfere in staying any proceedings to recover the money that plaintiff might take. Axibobd ABSOH. —Michael Hennessey, on remand, was brought up oharged with, on ( two separate occasions, setting firo to gorse r hedges on the property of Mrs McLean, ' Leithfield. The oase was conduoted by de- j tective Neill, the aocused being undefended ( by counsel. Evidence was adduced, showing ( that on the first occasion (7th inst.) a fire , I broke out mysteriously between four and five ( o'olock in the morning. A ecarf similar to one worn by accused was found near the place, and the aooused was proved bya witness named George Palmer to have said that if Mrs McLean and her son were burnt it would be no harm, or words to that effect. Mrs McLean deposed to having employed aooused on and off for six or seven years. It was a year last January or February since she had employed him. She discharged him because he became quarrelsome and very disagreeable. Constable Watt arrested the prisoner, who denied all knowledge of the fire. On the second charge the accused was charged with a similar offence on the 10th inst. E. A. McLean deposed to being on the watch since the first fire, and seeing sparks flying about early in the morning about 430 a.m., thought the house was on fire, but found it was the garden fence. After helping to extinguish the fire, he went in the direction of the North road, and mot accused coming towards him on the road. It was then very dark. Accused seemed frightened. Witness told him it was early to bo about; accused did not reply, but walked on down the road. Constable Watt stated that the last witness showed him where he met accused. By going round an unoccupied section, a person could get to the spot by walking about thirteen chains from the scene of the fire. In reply to the Benoh, accused said he knew nothing of the fires. After a ' brief consultation, the Benoh said, that though ' ill-feeling towards Mrs MoLean had been ' shown to exist, and there were suspicious cir- ! cumstances, they were not such as to warrant j a committal. They would, therefore, dismiss the two cases. . Civil Oabb.—Mason v Earelly, claim £2 • 15s 9d; paid into Court, £2 3s 3d. In this 1 case defendant discovered that some timber he he had disputed receiving had been received, 1 and plaintiff admitted to a clerical error. . Judgment for amount paid into Court and 14* Bd, and costs £2 lis.

Marie, the late Emprefes of Kussia, had a fancy for collecting prayer books, and had a great many of them at her death. The Ozar has distributed them among tho various regiments at St. Petersburg to be preserved in glass cases in the regimental libraries. The Czar seems to have no use for hymn boob)-