MAGISTERIAL.

Globe, Volume XXIII, Issue 2282, 26 July 1881, Page 3

MAGISTERIAL.

CHRISTCHURCH. Monday, July 25. [Before J. Ollivier, J. P. Jameson, and J. E. Parker, Bsqs., J.P.’s] A Bailiff in Chancery. —A. H. Byrne was charged with assaulting William Gosnoll, an assistant bailiff, while in the execution of his duty. It appeared from tho evidence of tho prosecutor that on Friday last he wont to the bouse of defendant to serve a distress warrant. Mrs Byrne, who was reconnoitering, would not open tho door, but raised a window, upon which tho bailiff put his head through into tho room. He saw defendant in the room, and immediately received some blows about his face, which caused him to withdraw, and tho warrant was not served. Defendant denied that tho window had been raised. Ho said he heard a noise of breaking glass, and on going into his bedroom ho found prosecutor’s head thrust through a pane of glass. Witness pushed the head back again, and did not strike it. Mrs Byrne stated that prosecutor knocked at her door, and after some talk, said ho had a summons for her husband. She told him to leave it at tho door, as she could not open it; it was swelled with the rainy weather. He declined, eaying that tho

[summon* must be given into her hand. She then raised the window an inch or two, when prosecutor thrust his head through a pane of glass. Her husband then came and pushed the head out again In answer to the Bench, prosecutor said Mrs Byrne knew very well who he was and what was his business; as ho had been there on a similar errand before. The Court thought an assault had been committed, and fined defendant 10s and costs. Alleged Malicious Damage to Property,—Alfred Stephens was charged with damaging an artesian well, the property of J. Nichols. Mr McOounel was for the prosecution, Mr Spuckman for tho defence. The story of tho prosecutor was that defendant, some time ego, bought a section in Wilson’s Nursery, and by mistake settled upon the wrong site, where hs had caused an artesian well to bo sunk. Afterwards, when the mistake was discovered, he had to remove his house, the artesian of course, having to be left. Ho had often been heard to say if he was not paid for tho well, he would make it useless to anybody else. Lately prosecutor bought tho section, and ono morning lie found the tap wrenched off tho well, and water of a red color was flowing from it, which experts pronounced to be from tho effects of a shot of dynamite, or gunpowder, dropped into tho tube. Watching the place afterwards, prosecutor saw defendant, as lie thought, working in a suspicious manner about tho well. The defendant swore bo never tampered with tho well, And tho Bench said there was nothing to connect him with tho alleged damage. Defendant was further charged witn using abusive and threatening language to prosecutor, who asked to have him bound over to keep tho peace. Tho Bench thought this charge also was not made out, and dismissed both cases.