RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIII, Issue 5495, 6 November 1878, Page 3

RESIDENT MAGISTRATE’S COURT.

, Tuesday, November 0. (Before T. A. Mansford, Esq., R.M.) DRUNKENNESS. Matthew Salesbury, George Johnson, and Richard Matthew were each fined ss. for drunkenness. BREACH ,OP THE PEACE. Frederick Hall and Isaiah Fake were fined 10s. and 3s, respectively for a breach of the peace. Constable Rhair stated the facts of the case, which were that defendant had been making a disturbance on Sunday. ALLOWING CATTLE TO BE AT LARGE IN THE PUBLIC STREETS. James Monaghan was charged with having allowed three horses, his property, t» wander and stray in the public streets. Constable Rhair gave evidence to the effect that be had found the horses on Adelaide-road, and that there was a danger of children playing on the road being. injured by them The Bench inflicted a fine of 7s. 6d. and costs. DESERTION OF CHILDREN. Martha Ford proceeded against her husband, Thomas Ford, for having deserted her. Defendant did not appear. Mrs. Bradley, a respectable-looking woman, came before the magistrate and stated that she had some months ago picked up Ford’s three children off the streets, and in compassion had taken charge of them. She wished to know what was to be done with them. Ford was able to keep them, and should be made to do so. She quite objected to handing the children over to the mother, because they would not be taken care of. ’ The Resident Magistrate suggosted that the proper person to have the custody of young children was the,mother. Would it not bo better that the mother should take charge of them, and that the father should be compelled to contribute to their support ? Applicant did not see that at all. In this case it was the duty of the father to see to them, because the mother would not or could not. She was at service. If the mother got the children they would immediately be on the streets, and she hoped that would not be their fate. The Resident Magistrate was glad to hear that such an interest was taken in the children , but what did defendant propose ? Applicant thought they should be sent to their father, or rather that ho should be made to fetch them. It was of no use applying to the mother. The Resident Magistrate said he had intended making an order on the father for 15s. a week ; hut after what had been stated he would further consider the matter, and postpone action for a few days, if Mrs, Bradley would take charge of the children in the meantime. Mrs. Bradley said she would keep them as long as the magistrate desired if he would take steps to make the father bear his proper responsibility. The matter was then adjourned for a fortnight. ALLEGED ASSAULT. John Rice v. Henry Walton.—ln this case the summons had not been served. Sergeant Smith stated that the summons had been forwarded to the Porirua constable, but no return had been made as to service. Mr. H. Travers complained that this was the second occasion on which that had been the case, and it was absurd that a man so well known as defendant should not have been served. He should feel compelled, in the interest of his client, to complain to the Minister of Justice on the subject. The Resident Magistrate would be glad if that would lead to the negligent party being discovered and punished. He ordered a fresh summons to be issued. ALLEGED ASSAULT AND ROBBERY. Frederick Derose proceeded against Charles Clark and Margaret Clark for having assaulted and robbed him ; and there was a cross-sum-mons by the Clarks against Derose. The evidence showed that Derose had gone up to the Clarks’ house, and that a quarrel ensued, in which Derose lost a watch. Blows were come to, and Derose also got the worst ot this. After a long hearing the Court decided that there. was no intent to rob on the part of the Clarks disclosed, and that Derose was to blame in the quarrel. The Clarks were therefore acquitted, and Deroso was fined ss. and costs. Mr. Allan appeared for the Clarks. , BREACH OF THE IMPOUNDING ACT. Thomas Y. Clifford was charged by Thomas Ogilvie with having, contrary to law, rescued a horse being taken to the pound. Clifford’s horse strayed on to the College grounds, and Mr. Wilson, the principal, directed Ogilvie to impound it. He was taking the animal to the pound, when defendant accosted him, claimed the horse, and took it away with him notwithstanding the protests of complainant. Defendant said he wanted the horse to work that day, and when he took it away agreed to pay Mr. Wilson all damages, and sent the money up, but Mr. Wilson sent it back. Under these circumstances he did not know on what principle of justice he had been summoned. The Resident Magistrate pointed out that it was not a question of payment. He had committed a breach of the law in intercepting the impounding of the horse. Defendant pleaded ignorance of the law in that respect. The Resident Magistrate said he must pay for his experience, and fined him 20s, and costs. Mr. Edwards appeared for complainant. ASSAULT. James Alexander Gough was charged by his sister, Elizabeth Muir, with having assaulted her. There was, it appears, a family dispute as to some articles of household furniture, and defendant, when endeavoring to assort hid rights by force, struck complainant, The Resident Magistrate pointed out that defendant had no right to interfere with his sister, especially as she was married, and fined him 205., with coats. BREACH OF THE CITY BY-LAWS. Mr. Johnston, Inspector of Nuisances, proceeded against Thomas Ritson for having left his cart in a public place, so as to obstruct the thoroughfare. He pleaded guilty, and was ss. and coats.