MAGISTERIAL.

Lyttelton Times, Volume LVI, Issue 6489, 14 December 1881, Page 3

MAGISTERIAL.

OHEISTOHUEOH. TtrssDAT, Dec. 18. (fiefore John Ollmer, Esq., EM., end J. E. Parker, Esq.) Labobhy.—Ellen Norton was charged on remand from the previous day with the larceny of a book, value £2 10s, the property of Frederic Pantin. The prisoner admitted the charge, and made a rambling statement as to her willingness to pay the value of the book. Sergeant Pratt said that the accused had not been able to recover the book on the day before. The Bench said the accused would be remanded to Deo. 2C, as they did not think in , her present state she was responsible for her actions. She was also to have further opportunity of recovering the stolen article. Assault.—lsaac Burt was charged on remand from the day previous with violently assaulting Thomas Hawkes with intent to do him grievous bodily harm. Mr Holmes appeared for the accused. The complainant ■aid that ho had occasion to go to the defendant’s residence in London-street, Bingsland, about 2 p.m. on Sunday last. He requested defendant not to throw water over his children again or oauseit to be thrown over them, when defendant assaulted him with the pair of shears produced by striking him over the head. Witness was sober; had had a pint of beer for lunch and half-a-pint of beer fOr dinner. Did not ask defendant to fight j had no knife with him. Did not kick the door open, but did push it open again after defendant had closed it. Saw two women of ill-fame in defendant’s house. Did not strike defendant, and never put a foot in his house at all. Did not see an old man named Hammond. George Carr, who lived next door to defendant, said he saw defendant strike complainant with the shears, and knock him down. When witness went to pick complainant up, defendant struck at him with the shears. William Snowball deposed to seeing defendant chase complainant off his premises, and saw him strike complainant while his head was bleeding. Dr O.J. Bussell said he had examined the wound on the back of complainant’s head. It was Ifinch in length, asd had cut to the bone. It was a wound that might lead to erysipelas. Cross-examined; Such a cut in a man’s finger might lead to erysipelas. Mr Holmes said the defence was that there had been gross provocation. He called the accused, but the Bench declined to hear him as this was not a caw of common assault. Mr Holmes then called Henry Hammond, who said ho was in defendant’s house on Sunday afternoon, when Hawkes cams in, and some altercation occurred as to the complainant's children. Hawkes threatened to strike defendant. Ho wont outside, and witness saw him drop a knife, which defendant picked up saying: “ Here s the knife he dropped." Hawkes tried to burst the door open, and witness saw defendant run after him with the shears, but saw no blow struck before the latter burst ouon the door. Mr Holmes again submitted that the Bench should hear the defendant’s evidence, and the Bench acquiesced. Isaac Burt, the defendant, deposed that complainant had come to his house and threatened to •< « 0 for him,” and struck him on the side of the head, knocking him off a sofa. Witness hit out, and complainant asked him to come out to fight. Witness went outside and saw complainant drop a carving knife. Witness picked it up, went inside, and closed the door. Complainant came to the door, burst it open, and knocked witness down. Witness took up the shears, which were handy, to protect himself, followed complainant, and struck him unintentionally as he was running, but complainant did not fall. Mrs Burt S,ve corroborative evidence. She would awear at she had seen a knife in complainants hand. The front of the house could not be easily seen from the road. A boy named Carr said he was going to Sunday-school,.and •aw nrr I**"*"* 1 **"*"* kiek at defendant’s door.

The Benoh recalled Carr senior, who said he had never seen anything of a knife in complainant’s hands. Mr Holmes at this stage applied for a remand for a week, to him to obtain further evidence. Constable Hill, called by Sergeant Pratt, said he eould see the door of defendant’s house from the road, as ho had noticed him sitting inside his door on the Sunday morning. The Beneh acceded to Mr Holmes request for a remand, and adjourned the case to Saturday next. CIVIL CASES. Mmcbm-akboob. Judgment was gives for plaintiff by default in the following cases, for the amount stated with costs: Suffolk Brewery v. Thiel, claim 12s 6d; Hobday end Co. v, M’Nair, claim £1 3si Piper v. Wiseman, claim £lO 2» 9d ; De La Mare v. M'Eenzie, claim £9 3s lid ; Qar. rick and Cowlisbaw v. Bout ban, claim PA 8s 6d. —The cases of Ha r dy v, Johnston, ; '*opep v. Stewart, and Garrick and Cnwli-b r. Nelson were adjourned for a week,- mob v. Bickerby, claim Is, value of a faro - bieh plaintiff alleged defendant had deprived him of. The parties were cabmen w o were on the railway. Plaint if stated that the defendant had deprived him of a fare to which be considered himself entitled, as being fir.t on the stand. A witness called by defendant seid be had bailed defendant’s cab, and judgment was given for defendant with costs 14*. Nbck t. Pbipbb.—Claim £5 10s, for commission on negotiating a mortgage fer defendant. Plaintiff add be had been the means of obtaining a client for defendant, who had executed a mortgage over some property to defendant in consideration of receiving the sum of £65, less commission, is. Defendant had promised him £6 10s for his trouble in the matter, and had paid £1 on account. A witness named Scott corroborated the plaintiff’s statement. The defendant denied that he had engaged the plaintiff in the matter, but admitted paying him £1 for which he did not satisfactorily account. He also said in the course of hss evidence that ha had charged the mortgager £26 as commission and interest for the use of £65 for six months. The Bench were disposed to believe the evidence of plaintiff and nis witness, and gave judgment for the amount claimed with costs.

EANGIORA. TPHSDAT, DsC. 13. (Before 0. Whitefoord, Esq., E.H., and A. H. Cunningham, Esq.) Cattle Tbmvabb.—T. Dench was fined 5s for allowing cattle to stray. Civil Oases.— J. Eossack t. J. J. Henderson, claim £6 11s 6d. Judgment for plaintiff. —B. d’Auvergne v. Q. 8. Bartrnm, claim £lO Us. Mr Haider for plaintiff, Mr M'Oonnel for defendant.- Plaintiff was nonsuited.—J. George v. J. Young, claim £5 7s 6d. Judgment for plaintiff.