MAGISTERIAL.

South Canterbury Times, Issue 2138, 28 January 1880, Page 2

MAGISTERIAL.

TIMARU—THIS DAY. [Before B. Bectham Esq. B.M.] alleged fraudulent insolvency. John Coll was charged on remand with the above offence. Mr Tosswill appeared on behalf of tho accused, and Mr White appeared to prosecute on behalf of the trustee. Walter Henry Chisuall, storekeeper, Makikihi, was living at Makikilii in Fob, last. Rented a store in Feb. or March, 1870, from Mr Poff, which store witness was still occupying". At the time of taking the store there were some hags of grass seed in the loft —perhaps about 40 hags, more or less. Understood that these bags belonged to Mr John Coll. The seed remained in the store for some time. Could not say what became of it afterwards. Had never had, to the best of witness’s knowledge, any conversation Avith Coll on this subject. John Coll lived about a mile from Avitncss. Mr White avus here about to read tho former statement made by Avitness before the trustee, in order to point out some discrepancies in the evidence. Mr Tosswill objected. The objection avus finally overruled and the. statement read, Avhieh stated that avlicm the Avitncss took the place there was some grain belonging to Coll there Coll once asked Avitncss to let the seed remain. The side of the loft Avhorn the seed avus stowed would hold GO or 100 sacks. Some sacks Avere shifted. There might have been about 40. This Avould have been Avithin lavo months of Avilness’s occupancy. Examination resumed by Mr Tosswill : Went into tho store about February and tho seed Avas then there. Would swear that there avus some grass seed in the hags. It Avas commonly called seconds. it Avas Avitness’s idea that James Coll took the seed aAvay. Know the grass seed belonged to James Coll, for he had told witness so. The oats wen. 1 sold by .lames Coll. Had not told Mr Jonas that he was afraid of his life if ho gave evidence against Coll. Had not had any conversation Avith Mr Jonas about the case.

G. C. Fraser, Makikihi, bn>tlier-in-]a\v of: tlio accused—Had been doing shepherding and other jobs for accused. Carted some grass seed on one occasion for Coll to the railway station. Took two loads of 208 sacks of seed. The seed Avas consigned to .lames Granger, Tiniiiru. Also carted 10 bags of oats to Chisnall’s loft. Helped Murphy to cart some grass seed from Coil’s place to Chisnall’s loft—from 240 to 000 bags—this was by John Coil’s instructions. Helped to cart some oats also. Remembered Coil’s insolvency. There was also some grass seed —from 00 to 50 bags, and about live bushels to the bag—in the loft at Makikihi. There was no clean grass seed left in the loft after the consignments were sent to Mr Granger. It was sent aAvay in May. Did not see anyone else taking any away. There was some more seed in a Avhare on the farm. Could not say lioav much. There might have been about 20 bags then. This was before the bankruptcy. Did not see any of the grass seed after the bankruptcy, Avith the exception of two or three bags. When Avitncss Avas at Makakilu the day after the bankruptcy saw 19 bags in the loft, this Avas mixed seed. Had seen Coll in the loft after the bankruptcy. Had also seen Mr Coil’s brother, James Coll, after the bankruptcy, at Makikihi. Ho usually came with a dray. Witness was gcncncrally in' bed Avhen Coll came, and was not up Avhen ho loft in the morning. Coil’s dray Avould bold from 20 to 40 bags. By Mr Tosswill : Carted the 10 bags of oats from Coil’s to Cbisnall’s. for horse feed. This was before the bankruptcy. The Avholc of the clean grass seed Avas sent aAvay by train to Timarn. The 230 or 300 bags of grass seed remaining in the loft consisted of tailings and unclean seed. Could not say Avbo took away the 19 bags of seed remaining in the loft after Coll filed. Was “ middling ” sobenvhen examined before the trustee. Was “pretty” sober on the second day of the examination. (Laughter). Used to feed Coil’s horses with some of the 80 to 50 bags of damaged seed before referred to. Tlio seed Avas mixed with oats, Gave Dan O’Brien tAVO or three bags of this grass seed on one occasion, to take away to the but for horse feed. From May up to the end of July Coil’s horses Avcrc fed, witness bolieA r ed, on the oats and tailings mixed. There were three horses being fed. George Vale, blacksmith, Makikihi, knew accused. Remembered some grass seed being carted from accused’s farm to Chisnall’s store. Murphy and Fraser Avere carting it There might have been 200 bags of this seed in the loft. It was afterwards taken out and cleaned. After it had been cleaned, there might have been 200 or 300 bags in the loft, more or less. This was just before Coil’s bankruptcy. There Avere also some 20 or 30 bags of oats in the loft at this time. A fcAV days after the bankruptcy, there were about 150 bags in the loft. About a month after the bankruptcy, there was about 150 bags of grass seed and oats in the loft. Saw James Coll leave on one occasion, with a load of grass seed or oats, early in the morning. This was perhaps a couple of months after the bankruptcy, saw Coll remove two loads; there would be perhaps about 30 or 40 bags to the load — these loads Avere aAvay about 6 o’clock in the morning. Some time before Coil’s Bankruptcy, be told witness he Avas going to sell some grass seed to Tescbemaker. Mr White at this stage intimated, that James - Coll had been subpoenaed to give evidence, that was, be bad not been personally served, but this summons bad been left with a person of aboA’o ihc ago of 14 years in accordance, with the requirements of the Hav. James Coll had not been personally served, as be bad been constantly moving about lately in order, the police thought, toeA r ado personal ser vice. Ho (Mr While) Avould not ask for a further adjournment of the case, but would let it proceed, the Avitncss not being a material one. Mr Tosswill then proceeded to address the Bench on behalf - of his client. The accused Avas committed to take Ids trial at the next sitting of the District Court, bail bcing_ accepted for his appearance, himself in £2OO, and two sureties of £IOO each. BREACH OF THE BUILDING REGULATIONS. Borough Council v. T. B. Jones. Mr Perry for the plaintiff, and Mr Jameson for defendant. The facts of the case were briefly these—ln April last MrT- B. Jones, of the Queen’s Hotel, erected on the property, section 190, in addition to the

hotel, a small stable of wood and iron, without previously obtaining the sanction of the Council, necessary under the Act.

The right of the defendant to erect such stable was argued at some length, Mr Jameson, for the defence, contending that the punishment of his client, if any, could only bo awarded under the Act of 1876, the Act of 1867, under which the information had been laid, having being repealed, except so far as provided, with reference to regulations and bye-laws. The regulation oLAct, 1867, provided a penalty by way of forfeiture of a sum of £lO per day, the Act itself of 1876, enacted that no by law could provide for a larger penalty than £b. That was an enactment that was clearly repugnant to the funner provisions, if this was so, his Worship had no power to inflict a higher penalty than —the regulation was bad. lie would contend that Section 16 of the Building Regulation Act of 1867 was had and inoperative, being repugnant to express enactment, and providing penalties and forfeitures in excess of that permitted by the Act of 1876. Ilis Worship reserved his opinion on the point until Friday. TERUKA— I THIS DAY. [Ecforc F. Guinness, Esq., R.M.] ABUSIVE LANGUAGE. Ellon Burke was charged by Rebecca .Neville with using language, calculated to incite a breach of the peace. Mr Austin appeared for the complainant, and after making a few remarks, called the complainant who deposed ; I reside hi Sod Town. On Thursday last I was about two chains from my garden, driving a calf, in company witli some other women, when defendant came up, and we wished one another good evening. She then complained of her cow being clogged about and threatened to pull down my fence, but I stopped her, and then she called, mo very bad names (words repeated). Mrs George was present and heard the expressions. There is not the slightest foundation for the assertions she made.

Sarah Ann Berryman, Folly Washing ton, and Catherine (icorgc, all residents of Sodtown, corroborated the complainant's storv.

Ellen Burke, the defendant, gave her A’crsion to the effect that about halfpast eight on Wednesday evening an altercation took place in consequence of; one of the Washingtons turning her ciiavs out nf the paddock. Witness threatened to break the gates of the paddock, and complainant retorted that she Avould “ rip her up.” Dorothy Pulaski stated that Neville used very bad language, slapped Avitncss’ face, and compelled Mrs Burke to seek refuge in her (Pulaski’s) garden. Both parties Avere bound over to keep the peace in sureties of £lO cadi. CIVIL CASKS. Harrop ax Head, £25; judgment for plaintiff by default. Judgment Summonses.—Lyon and Harrop v. Linden, ("4 15s (id ; Ackrnyd v. Linden, £9 I0sSd;B. Thompson A r . Linden, f.S 7s <Sd. Defendant Avas ordered today 7s per week in each case, or one month’s imprisonment. (Left Sitting.)