RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 9429, 11 July 1882, Page 2

RESIDENT MAGISTRATE’S COURT.

Tkmuka— Monday, July 10, 1882,

[Before J. Beswick, Esq, R.M.] DRUNK AND DISORDERLY. Herman Mahnke, charged witli being drunk and disorderly, pleaded guilty Constable Morton pointed out that hotelkeepers were prohibited from supplying him with liquor, and yet he was drunk every day during the past week. He would ask the Court t» remand him for a week for medical treatment. He was remanded for a week to Timaru gaol for medical treatment. A first offender was fined 20s for a similar offence. George Davey pleaded guilty to allowing a horse belonging to him to wander on the railway, and was fined 20s. Peter Maclean, John McGrath and Johanna Murphy were fined 5s each for

allowing cows belonging to them to wander on the public road. PROHIBITION ORDER. William Dernuth was charged by his wife, under Clause 167, with being wasting his estate in drink. The case was adjourned for a fort- 1 night, George Gibbs was charged with deserting his wife and five children on the 24th of January last. Mr White appeared for plaintiff and Mr ’’ Johnston for defendant. Jane Gibbs : I am the wife of the defendant. I was married to him 12 years - ago. We have five children alive. We lived together until the 24th of January, when he thrashed me. I gave him £9 of the money I had earned. I told him ’• I could not live inEssery’a shop because Essery’s sons used to come in and beat the children. He then thrashed me and! cleared all the goods out of the shop. I then went across to Mr Storey’s shop.jl He has not contributed anything towards the support of his children since. He* used bad language and told me to take 5 him to the Court. 1 often took but summonses against him for thrashing me, but I withdrew them again. To Mr Johnston : Ho lived with mo till the 24th of January. He used to go away hawking. He used to stay away; T frequently for three weeks. Ho was away for three weeks before the 24th of January. The first stock I got from Dobie, and paid for it myself. I advertised for debts to be paid to mo, but only got about £3. I have earned as much as £1 per week, but since Gibbs left me and has been scandalising me I could not get it to earn. When I could not get any sewing to do I went out hawking. Gibb* cleared everything out of the shop on the 24th of January. 1 got things to sell on commission. [ have paid Dobie £ls, and Miles £9, which were due when Gibbs left me. I have not been able to make 10« per week since, if it was not for Mr Miles and Mr Storey 1 could not do at all. I paid 7s per week to a servant to look after the children. To Mr White : I owe rent, and my servants wages for a month. George Gibbs ; 1 deny in tofo that I have forsaken my wife and the children. Whenever I came home she kicked up a noise about one thing or another, and I found it impossible to live with her. Sh® wanted to take Storey’s shop, but I would not let her, as the sun would destroy the goods in the window. I told Mr Storey not to let hei have the shop, but whe* I returned I found her in it, and I would not go there. She sent for me when on® of the children was ill, and I consented to live witli her if she would turn over a new leaf, and bridle her tongue. But she only d id so for 24 hours, and so I found I cou 4 not possibly live with her. lam ready to do anything I can for the children. lam employed by Mr Thomson for seven shillings per day. In reply to the Court, Constable Morton said Mrs Gibbs was a very hard-working, honest woman, but that she was very much irritated by the way she was treated. His Worship said as there was no hope of the parties agreeing, he would give th® two eldest children up to their father, and leave the younger three with the mother, and tho father would have to pay 10s per week towards their support. He would also give her a protection order for her own earnings. CIVIL CASES. Franks v. Grant- Decision was at last given in the this case, which has been before the Court for the last three months or more. His Worship said the whole difficulty arose out of the aow being allowed to go out of the pound without the person who took it out being quite sure she belonged to him. There was not sufficient evidence to show that the cow released by Mr Grant was Mr Franks’s cow, nor that she was the cow he afterwards sold to Messrs Peacock and Geaney. Under the circumstances he could do nothing but nonsuit the plaintiff, but he would allow no costs. Each party shoald pay his own costs. E. Forward v. E. Douglass—Claim, £2 14s. Judgment summons. Ordered to pay at the rate of 5s per week, or in default one week’s imprisonment. The Court then adjourned.