MAGISTERIAL.

South Canterbury Times, Issue 2323, 27 August 1880, Page 3

MAGISTERIAL.

TIMARU—THIS DAY. (Before R. Beetham, Esq., R.M.) CHILD DESERTION. John Pound was charged on remand with deserting his illegitimate child. Inspector Pender conducted the prosecution. Mr Reid appeared for the accused, and took a preliminary objection to the information, there was no proof of desertion. Neither the mother of the child, nor the woman in whose charge it had been placed had any complaint (o make with respect to the desertion of the child. It would be shown that the accused had, before attempting to leave the country, paid for the support of his child up to Sept 26, and he was leaving with the mothers full knowledge and consent. In the face of these facts he (Mr Reid) failed to see how the charge could be sustained. .J E. Allen, clerk to the Bench, produced the order of the Court on the accused for his child’s maintenance.

Mrs Ellen Cook deposed to having * had the child placed in her charge by the mother. She was to receive 10s per week for its support. The parents were to pay it; the father 4s and the mother 6s per week. Had only received £3 4s altogether, and this from the father, whose payments had been regular. The receipt produced was for the father’s share of the maintenance of the child up to September 26. James Hennessey, in ths employment of Dr Lovegrove stated that Pound had informed him on the morning of August 14 that he was going to San Francisco.

This concluded the case. Mr Reid -then addressed the Court on behalf of his client, dwelling particularly on the private arrangement having been made between the parents of the child for its maintenance.

His Worship said this was not a question of an agreement between the parents of the child, but between the father of the child and the State. The order of the court could not be annulled by any private arrangement. He did not wish to act harshly, but it was his duty to see that the burthen of this child was not thrown upon the State. He must therefore order that the accused forthwith find two good and sufficient sureties that he will comply with the order of the court, or in default he must be imprisoned for three calender months with hard labor. DAMAGING PROPJOHTY. The same prisoner was charged with maliciously damaging the property of Charles Johnson, butcher, of Elizabeth street. The statement of the prosecutor w r as to the effect that about 1 a.m. on August 14, he was aroused by yells and the smashing of glass, and found one of his large panes broken. James Hennessy, employed by Dr Lovegrove, stated that he was in company with accused. They were drinking about town, and Pound getting into a hilarious state, persisted in smashing

windows, witness trying in vain to restrain him. Pound was next ffuirg ■ I with smashing three panes of ..'as-, a! Joseph Clayton’s store, Elizabeth street, value 455. Prosecutor had heard yclis and found his windows smashed, but only got up in lime to see throe men making off. Robert McKay,-plumber, identified the accused as one of the window-breakers, and Ilennessy repeated his evidence as to the conduct of Pound. A third information of a similar kind was withdrawn.

The Magistrate said that drunkenness was no excuse for such conduct, and sentenced Pound to one month's imprisonment on each charge. The Court then adjourned.