MAGISTERIAL.

South Canterbury Times, Issue 2235, 17 May 1880, Page 2

MAGISTERIAL.

TIMARU —THIS DAY. (Before E. Beetham Esq., E.M.) DRUNKENNESS. Henry W aimer was charged with being drunk, with indecent exposure of his person, and with having no lawful visablc means of support. Ho was sentenced to one month’s imprisonment for the indecent exposure and three months for the vagrancy. ALLEGED FAILING TO PROVIDE. A man from Waimate was charged with failing to provide for two children in compliance with an order of the Court to that effect. It appeared that the accused had been arrested on a warrant at Dunedin on this charge. It was shown that he had been keeping up the weekly payments till recently, but was now in arrear in consqucnce of misfortune, and being out of work. His Worship said ho would not commit the man to gaol, but would discharge him on his undertaking to keep up his payments. He must understand, however, that if he failed to do, and it could be shown that he was able to do so, he would certainly render himself liable to six months’ imprisonment.

BYE-LAW INFRINGEMENTS. John Simpson, for neglecting to keep a lamp burning at night near a heap of building material, in Beswick street, was fined 2s. A. Blanchett for allowing a horse to bo straying at largo, was fined ss. A VISITOR AT THE CLUB. William Henry was charged with assaulting Joseph Sawyer, and also with breaking a lamp globe of the value of 10s. Joseph Sawyer stated that he was. a servant of the South Canterbury Club. On Wednesday evening last about ten o’clock, he heard a noise down stairs, as if glass was breaking. Struck a match and went down, asking a boy at the same time to bring a Candle. On the candle being brought, he saw the accused in the passage; he rushed past witness, knocking the candle out of his hand, and ran up stairs. He entered the club room, and seating himself in an arm chair, refused to move. Several gentlemen present objected to the intrusion, and on witness attempting to eject the accused, he seized him by the neck, and nearly threw him over the bannisters. Witness sent for the police, and the accused exclaimed, “ Yes, you sent for a policeman, and I’ll break your neck.” On the police arriving the man was given in charge. Accused on being asked by his Worship whether he had anything to say iu answer to the charge, said —Well, you see, I meant to stop at the hotel all night, and— Witness—lt was not a hotel. His Worship—Well, were you sober at this time ? Accused —As sober as I am at present. His Worship—But are you sober at present ? Accused—Yes, perfectly so. I have no recollection about any breakage. His Worship—Well, you do not seem to have acted in a very respectable way. If you had gone out of the club as soon as you discovered your mistake the matter would have been different. Accused —“Well, this is an unusual position for me to find myself in, and I have no wish to detain your Worship.” The accused was find 20s on each charge and damages—£3 9s in all. CIVIL CASES. White v. Southan, claim £l7 os 9d. Mr Austin appeared for the defendant; Mr White conducting his own case. In this case, first heard a fortnight since, it will be remembered the plaintiff sued the defendant for the above sum, being the amount of certain rents collected as per instructions received by the defendant from the plaintiff. Mr Austin then asked that the plaintiff might be nonsuited, the debt having been contracted by the defendant previous to the filing of his declaration of insolvency and the granting of his discharge. Mr White said that in that case the order must be produced, adding that he himself held it, and that he should continue to do so until a lien which he hold over the defendant’s property was satisfied. The case was therefore adjourned for a fortnight and came on again today. W. M. Southan stated that previous to filing his declaration of insolvency he had many dealings with the plaintiff, who acted for him at the time of his insolvency. Was asked by Mr White at that time not to put this £l7 (the amount of the claim) into his statement of liabilities. He said lie should expect that sum to be paid by witness. Did not make any reply at the time. Since obtaining discharge had asked Mr White for the order, he said he would not give it up until he was paid this £l7. The witness being cross-examined bj f Mr White, admitted that he had collected the £l7, and appropriated it to his own use, but stated that his reason for doing so was that he had not been very well treated by the plaintiff at the time of his bankruptcy, and that he would have paid the money had he been giA r en a little time. James E. Allen, clerk of the Court, produced the declaration of the insolvency of W. M. Southan, dated July 8, 1879. Mr AVhitc intimated that he should object to the admission of sccondary evidence. Mr Hart, trustee in the bankrupt’s estate, stated that he did not know whether the cost of obtaining the order of discharge had been paid or not. Mr White observed that he was in a position to say that the costs of obtaining the order of discharge had not been paid, either by Mr Hart, or by any one else. His Worship said the claim was not for costs. Mr Austin submitted that" the copy of the order endorsed by the Clerk of Court was sufficient; in fact, he would go further, and say that liens over official documents were practically useless, as copies could always be obtained. In reply to His Worship, Mr Austin stated tkat the estate had paid Is 9d in the £. Mr White replied at some length. The case he said had no merits ; the defendant had collected certain money for him, which money he had admitted having appropriated to his own use. He had not only collected this money but had actually charged commission for it. Ho then briefly replied to the legal points raised. His Worship reserved his decision. White y. Allpress, claim £8 15s 6d. Judgment for the plaintiff for the amount claimed with costs. Shears v. Murphy, claim £2l 4s 6d. Judgment for plaintiff with costs. The Court then adjourned.