MAGISTERIAL.

Globe, Volume XXIV, Issue 2439, 30 January 1882, Page 3

MAGISTERIAL.

CHRISTCHURCH. Monday, January 30,

[Before R. Bectham, Etq., R M,, end R. Westenra, Eeq., J.P.] Drunkenness.— For first offences two men were fined ss. Lucy Powell, for using obscene language, was fined 10s, or the usual alternative. A man charged with drunkenness did not appear. The police said ho had had a fit in the lock up, and had been sent to the Hospital. The case was postponed. Wife Desertion. — A oaso of this nature against Thomas Hussey was abandoned, a settlement having been coma to between the partieu. The complainant to pay the costs of the action.

Bbeaches of Licensing Act.— J. Johnston, licensee of the Kingston Hotel, Sydenham, was charged with having on Sunday, January 22nd, sold liquor to a person other than a bona, fide traveller or a lodger. Mr Thomas appeared for defendant. Constable Fiuollen, stationed at Sydenham, deposed that on the day named ho saw a little girl come out of the hotel. She was carrying two bottles of beer. Mrs Sattan deposed that she had sent the little girl, her sister, for two bottles of beer, which were brought by the latter. Laura Rich, ngod nine years, who appeared to be greatly frightened by the strangeness of the scene, and cried a good deal, deposed that she had obtained tno beer in two square bottles, as spoken to by the previous witness. For the defence, J. Johnston deposed that on the day named he was unwell. He went upstairs and laid down, leaving strict orders with the boy (his son), vcho had charge of Iho bar, not to sell any. thing to any one without referring to him. The regular barman was away, as ho was not required on Sundays. R. Johnston, son of the previous witness, corroborated the evidence given by his father as to the orders, &o. He did serve the boar to Laura Rich, Ho was sixteen years old, and had charge of the bar. Mr Thomas addressed the Court. He argued that the servant of the licensee having acted in direct opposition to instructions the latter could not be held liable. Ho quoted esses bearing on the point, and spoke at length as to the evils which would accrue if masters were to bo hold responsible for acta of their servants when committed contrary to orders. He contended that gross negligence on tho part of defendant must bo proved to render him liable. It was ohown, however, that he had taken all due precaution, and what had occurred had not been his fault. In answer to tho Bench, the police said tho house was well conducted, this being the first complaint against the licensee. The Bench said they admitted the force of what had been urged by Mr Thomas, but it was also true that a master might arrange with his servants so as to fall back on the same plea atf any time. They did not say this had been done in tho present case, but they must place the responsibility on the licensee of all that took place ia his house and convict. Tho [fine inflicted would be nominal, as tho house bore such n good character. Defendant would be fined 20s, and the usual endorsement would bo made on his license.—Adam Hensmann,

licensee of Feather’s Hotel, Addington, was charged with a similar offence, Mr Stringer appeared for defendant. William Ray, laborer, of Addington, dopossd that to tho best of his belief he was in defendant’s hotel on Sunday, January 22cd. Ho had a glass of beer ; thought others had some too. Did not know if it was paid for. Ho was drunk, and therefore now doubtful about what had taken place. He resided about a mile from the hotel. R. Niooli, a miller, residing a quarter of a mile from the hotel, deposed that he had a pint of the beer at the hotel with last witness on the day named. It was served by the barman. Witness did not see any money pass. Mr Stringer said the defence was similar to that made in tho previous case, with the additional fact that tho beer had been given out of pure kindness. R. Bowling, barman, deposed that ho had given a drink each to tho two witnesses just heard. They came bothering him while he was busy scrubbing out. R»y said ho wanted a drink to “ revive him,” and witness supplied them to get them away. Ho did not take payment for what he had given. Mr Stringer called no other evidence. He submitted that nothing in the nature of a sale had taken place, and therefore the licensee had not violated the provisions of tho Aot, and could not bo convicted. The police stated that defendant bad not been before the Court except once, a long time ago, when he was cautioned for supplying drink on a Good Friday. The house was well conducted. Tho Bench said they thought there had been something in the transaction of the nature of a sale, whether money had passed or not. Defendant was fined 40s, with the usual endorsement. Breaches op Weights and Measures Aot. —Henry Knight, butcher, Caledonian road, pleaded guilty to having in his possession a false spring balance, 11b short on2olbs, his second offence. Ho was fined £s. Thomas Wotton, butcher, of Ferry road, admitted having in use a spring balance 11b light in 281bs, his first offence; was fined £1. — Hans Hohn, grocer, of Bingsland, admitted having light 41b and 21b weights, six drachms abort on the two, his first offence; fined £1. — Joseph Sherlock, butcher, of Sydenham, admitted having a spring balance 11b light in 141bs, a first offence; fined £l.—R. H. Clark, butcher, of Sydenham, admitted having a false beara-noalo, his second offence. Ho was fined £1- G. W. Ell, butcher, of Bingsland, for having in his possession a set of unstamped weights from 4lbs downwards to Icz. They were correct as to weight. Ho was fined ss.—George Waddington, butcher, of Bingsland, was charged with having in his possession a false opring balance. He pleaded that they had been thrown away a long time as unfit for use. Tho inspector of weights and measures stated that he had found the balance hanging up in the shop. It weighed 11b light in 141bs. He was fined 20s. In all' the oases tho weights and scales were forfeited.

Bbbaeing Windows.— The boys Prandergast, McCormick, B-mn and Gambol, who wore remanded from the 23rd instant cn a charge of breaking windows with catapults at Gloucester street cost school, were brought up. The police said they were again compelled to ask for a remand for the same reason as on the former occasion, viz , the illness of the principal witness for the prosecution, Remanded accordingly for fourteen days. The uivat. Chimney Sweeps. —Richard Cornwall, sen., and James Cornwall, hia son, appeared, on information, to answer a charge of having used abusive and threatening language towards James O’Brien on January 14th. Prosecutor deposed that the Cornwalls on the day named, accosted him in Manchester street, and, after using very abusive language, one of them, the old one, took off hia coat and wanted to fight. Both then rushed at prosecutor, and prosecutor ran away. Ho produced a rcction of a chimneysweeping machine a murderous looking weapon, something like a long and thick truncheon of hard wood—which he said was a sample of the things th a t accused carried about with them. Two witnesses deposed to seeing prosecutor runnmg away, chased by defendants, the youngest of whom called out, “Follow him up father. The eldest defendant went into the box and gave his version, in a broad Lancashire dialect and with much gesticulation, of the affairHe ssated that prosecutor had accused him of snatching from him half a pint of beer, and afterwards had challenged him to fight. When he stripped, however, prosecutor raa

away, and the Cornwells did “follow him up,” meaning nothing but to have it out in fair fight. The Magistrate said defendants had admitted the offence. They must not be allowed to " chivey” a man through the streets in that manner. They were fined each ss, expenses of witnesses £l, and costa of Court £l, in all £2 10s. Miscellaneous. —A case against George Barret, the driver of the mail cart between the post office and railway, charging him with having occasioned an accident by careless driving round the corner of Oashol and High streets on January 16th, was adjourned on epplication of defendant till 6oh.— A charge against Thomas Beadle for riding on a footpath in Bolwyn street was dismissed, the information placing that street in Sydenham, whereas it really is inSpreydon district. —Peter Jensen for tethering a horse so as to range on a road in Church cquare, Sydenham, was finedfis,—W. Atkinson for a similar offence, same time and place, was fined 5s. —D. Reese for depositing bricks on Cathedral square, near the Custom House, without a written permit from the City Surveyor, was fined 10s—John Buxton, for neglecting to keep a light ?; at night on a scaffolding in Bedford row, wss fined 10s. John Brown was charged with driving a vehicle across the level crossing at Gasworks road on January 21th, while a train was approacMap. The evidence of tin gatekeeper and signal-man was that defendant was drunk and narrocly escaped an accident by collision with the train from Lyttelton at 350 pm. Defendant called a witness, who swore that defendant was at the Sandhills—three miles from the railway crossing—at that particular time. _ The signal-man, being re culled, repeated his evidence. Defendant was fined 40*, the Bench stating that they had no doubt ns to his identii y,—James Martin having failed to abate the nuisance caused by an exhaust pipe was allowed another week to effect the alteration,

this being the second adjournment of the case.—F. H. Green was charged with having failed to abate a nuisance arising from smoke issuing from the chimney of his bacon curing factory, as required to do by the inspector of nuisances. It was stated that some alterations had boon effected, and the case was adjourned till February 6th, to prove their efficiency.— The following persona were fined for allowing horses and cattle to wander at large Jas. Hamilton, ss; Jno. Outlin, ss; Wm. Hamilton, ss; J. Cox, 5s ; J. Lee, 3s ;R, Moor, 10s, and F. Allen, sa, all with costa.

LYTTELTON. Monday, Januaey 30.

[Before John Ollivier, Ecq., R.M., and J. T. Rouse, E;q., J.P.] Deukkenbess. —Two first offenders were discharged with a caution.

Neighbohs’ Jabs. — Helen Evans was charged with using on tho 27fh inst. obscene language to Annie Priest, and with damaging property belonging to Mr 8. R. Webb to the value of £l. Sergeant Morico said the police wished to prosecute in this case, although Mrs Priest appeared cs the complaining witness. Tho defendant had become a nuisance in the neighborhood in which she lived, Bt. David street, and he considered it the duty of the police to proceed against her. Mr H. N. Nalder appeared for the defendant. Complainant stated that tho defendant came into her house and called her by a number of obscene and opprobious epithets, and broke in the door of her house, a house rented by complainant from Mr 8. R. Webb. Tho charge for breaking in the door fell through, and was withdrawn by the police. Mr Nalder said the whole case was simply a neighbors’ quarrel, and should not have been brought into Court. Ho called the defendant, who said that Mrs Priest first used the obscene language to her, and that she returned the compliment. Defendant was fined 20s ; or, in default, seven days’imprisonment, and was cautioned not to use foul language again.

Bad Language. —George Chapman appeared as complainant against a man called James Smith, mate of the Aapaeia. Mr Joyce appeared for the complainant, and MrNoldor for defendant. Defendant, though present in tho Court, did not respond when called to plead. Finally, he said his name was not Smith, but Kerr, and ho had net got the summons. Evidence was given that the summons was left on board the schooner Aspaiia. Mr Nalder obi “Cted that such service was insufficient. Finally, the case was gone on with. Complainant stated that on Friday last defendant came to Mr Drancficld’a store, where ho (complainant) was at the time, and, without provocation, used most insulting language to him. The language was spoken in a tone which could be heard by passers by. William Henstono gave corroborative evidence. The defendant denied using tho language, and said complainant had come to him to get into convcrtation with him about a case pending between Chapman and tho master of tho Aspssia, and that he told him he would have nothing to say to him. Defendant admitted that he was not sober at the time. The Bench imposed a fine of 20s, costa, and counsel’s fee.

The Obown Hotel.—An application for a temporary transfer of tho license from Alexander Murray to John Hodgson was granted.

(JLeft sitting."]