MAGISTERIAL.

Globe, Volume XXIV, Issue 2451, 13 February 1882, Page 3

MAGISTERIAL.

CHRISTCHURCH. Monday, February 13. [Before B. Beetham, Esq., B.M.] Drunkenness. Frederick Bllmers, for being drunk and resisting Constable Kelly at the railway station on Saturday last, was fined £2, or in default seven days’ imprisonmsnt. Elizabeth Mason was fined 20s. A ease against J. D. Moore, for being drunk and resisting the arresting constable, was, on the the application of accused postponed till Tuesday morning for the production of witnesses for the defence. Arthur Craven, for being drunk and disorderly at the railwaystation, was fined 40s, or in default seven days’ imprisonment. Three men for first offences were fined each ss. A woman for a first cffence was cautioned and discharged. Forgery and Uttering. —Alexander Johnston was charged with forging a cheque for £2 on the Union Bank of Australia, and with uttering the same to Ernest Alfred Garnet, at Christchurch, on February 9th. On the application of the police he was remanded till February 15th. Fowl Stbalin*. — B. J. Lightfoot and George Billyeard, ware charged with stealing two fowls, valued at 4s, the property of James Haughey. Mr Loughrey, for defendants, applied for a remand, which was granted till February X6th. Bail was allowed, one surety for each in £2O. Breaches of the Licensing Act.— Charles Knowsley, licensee of the Queen’s Hotel, Manchester street, was charged with having permitted gambling in his bouse and with having sold liquor after honrs on February 2nd. Mr Stringer appeared for defendant. After a short delay, the police withdrew the charge of gambling, and defendant pleaded guilty to the other charge. Mr Stringer stated that the liquor had been supplied to a friend who bad accompanied a boarder home. The police gave the house a very good character. Defendant was fined 40s, and the usual endorsement was ordered to be made on the license. —A case against Edward Hiorns, of the Central Hotel, for selling liquor after hours, was, on the application of Mr Loughrey, adjourned till February 16tb, defendant to pay costs and expenses of two witnesses.

Carriers’ Licenses. Alfred Walker, John Tapley, William Howard. John Spencer, and James Berry were charged with plying for hire as carriers without a license. The proceedings were taken under City By-law No, 4, sec. 1, which creates the offence. Mr Loughrey, who appeared for the defendants, said he took objection to the case for the prosecution, as the by law in sec. 21 provided a maximum and a minimum in the penalty for the offence, which made it ultra vires. It was competent, under the Municipal Corporations Act, for the Council to fix a maximum but not a minimum penalty. They could not limit the discretion of the Court. The Magistrate said the objection was fatal, and the oases were withdrawn by the police,—Wm. O’Connor was charged with plying for hire elsewhere than on a public stand. Mr Stringer appeared for defendant. He pointed out that the by-law evidently contemplated carriers plying for hire, and it was impossible to “ply” while standing still. His Worship said that was clear enough, and dismissed the case.

Miscellaneous. —Malvern Brooker, for plying with a cab without a license, was fined 5s and costs. George Ell, for leaving a vehicle unattended, was fined ss.—Jacob Barnett, Charles Bamford, and Owen Lynch were fined each 5s for allowing cattle to wander.—Peter Hindman, for neglecting to

light a hoarding, was fined ss.—George Prendergast, Owen McCormick, Austin Seven, and George Gambel, boys, appeared for the third time to answer a charge of breaking windows at the Gloucester street public school on January Ist. Sergeant Mason said his principal witness was still not forthcoming, and obtained leave to withdraw the charge. The boys were dismissed.—Mary Ann Hart, in arrears with her payments of 6s per week for the maintenance of her two children at Burnham, was ordered to pay up by February 20th, or go to gaol for one month. An order was made protecting her earnings against her husband on the ground of his cruelty. He was ordered to pay 15s per week towards her maintenance, and to find sureties for his compliance.—A case against Bobert Bowman for refusing to support his illegitimate child was adjourned for one month. —Mary or Louisa Eyan, for breaking windows and culinary utensils at the house of Eliza Bedman, was fined Is, ordered to pay 18s, the amount of damage done, or to go to gaol for seven days.—A case against Mary Anne Beynolds for using insulting language to K. 8. Parker, was adjourned for fourteen days.— E. J. Martin, for assaulting F. Kemp, was fined ss.—William Bannister, for using abusive language to Mary Fletcher, was fined in the costs of the case.

LYTTELTON. Monday, Fedbuaby 13. [Before J. Ollivier, Esq., 8.M., and J. D, Maopheraon and E. Ronalds, Esqs/J Labceny.—George Bedford and Henry Bedford, on remand for stealing the sum of £3 from Joseph Thompson on Thursday night, were put in tho box. Mr H. N. Nalder appeared for the accused, and submitted that the prosecutor having left in the ship Lady Jocelyn for London the accused must be discharged. He contended that the accused should not have been dealt with as they had been. They had been arrested and tried in a sort of “ star chamber” manner before two justices of the peace at somewhere between nine and ten o’clock at night. At such an hour it was impossible for them to obtain the advice of counsel, »nd now that the prosecutor had left the colony, they were debarred the opportunity of a proper cross-examination of their accuser. The Bench took a note of Mr Nalder's objections, but decided to hear any witnesses that might be present. Thomas Wright, sworn, said that on the night previous to tho alleged robbery George Bedford asked him to pay him tho small sum of a few shillings that was due to him, as he was pretty hard up. In reply to Mr Nalder the witness said he had known both of the accused for twelve months. They had done little jobs for him, and ho believed them to be respectable tradesmen. The barman at the Canterbury Hotel testified that George Bedford and the prosecutor had a glass of beer each from him, for which tho prosecutor paid at between four and five o’clock in the afternoon. Miss Hennessy, the barmaid at tho Canterbury Hotel, testified that at about 5 p.m., George Bedford came into the bar, and asked if she would exchange him a note for a sovereign. She did not change it. The other prisoner came in about the same time, and the two had a drink each. The landlord of the Canterbury Hotel gave evidence as to seeing the accused in his house for a few minutes, and also the prosecutor, who said ho had been robbed of £3. This was all tho evidence with the exception of tho prosecutors. Mr Nalder again took objection to the evidence of the prosecutor, which had been taken in writing by the Justices of tho Peace on Thursday night, being read, and he quoted authorities to show that the prosecutor had evaded being crossexamined. Mr J. D. Macpherson, one of the presiding Bench in the case, here stated that every opportunity had been given by himself and fellow Justice to tho prisoners to crossexamine the prosecutor. Mr Nalder continued to address the Court, and said he had one witness to call. The Bench, after consultation, said he need not call any evidence, The Justices of tho Peace, who had heard the evidence of the prosecutor’s witnesses this morning, had catefully thought the case over, and the Court were of the opinion that the case must be dismissed. An Enbagbd Sailob. —Robert Jones, a seaman belonging to the barque Sydenham, was charged with kicking up a row on board his ship, and with using abusive and insulting language to the master. Captain B. T. Miller gave evidence. It appeared tho man had rushed into tho saloon, snatched away a bunch of flowers, pitched into the skipper when he was remonstrated with, and finished #ff by threatening the chief officer with a knife, which ho brandished about ia a san-

guinary sort of way. The mate gave corroborative evidence. The man was under the influence of drink, and amongst other things ho stated to the mate in a confidential-like way (only that the police were present at the time)'that he intended to “ do for the master before ho got to Gravesend.” The Bench fined accused £5, in default one month's imprisonment. Helping his Mate —Another of the crew of the Sydenham, who interfered with the police when they were arresting the last prisoner, was fined 10s., or twenty-four hours in gaol. Civil Oases. —Qarforth and Leo v Oetlin’s River Sawmill Company, claim £67 19j 9.1 ; Mr Nalder for plaintiffs. J udgmeut by default. Hawkins and 00. v Thompson, claim £ls 16a 3d Adjourned until the 20th instant. Langdowne and Judge v George Roberts, claim £3 15j 4i. Adjourned as the last one.