MAGISTERIAL.

Gisborne Times, Volume XXVII, Issue 2505, 19 May 1909, Page 6

MAGISTERIAL.

TUESDAY MAY 18. (Before Air W. A. Barton, S.AI.) DRUNKENNESS. f ; • Three first offenders, wlio admitted being drunk on Monday, were fined 5s with costs 2s in default 24 hours’ imprisonment and John Kelso, for a like offence, was fined 10s with costs in default 24 hours’ imprisonment. CRUELTY TO ANIMALS. Hone te Rito, a Native, pleaded guilty, to a charge of cruelty to a horse on April 27th at Te Karaka, where he had worked the animal while it was suffering from a large sore on the shoulder. His Worship told the accused that the offence was a serious one, and could not be lightly- treated. A fine of £5 with 18s 6d costs would be inflicted, in default 14 days’ imprisonment. BREACH OF A BY-LAW. Harry Alcßhail admitted having ridden a bicycle on a. Borough footpath and was fined 10s with costs 2s. LIGHT WEIGHT BREAD. Jiimes Erskin© (Mr Barnard) admitted selling light weight bread on Saturday, Alay 15th. Mr Barnard said the light,weight was caused by the bread being left too long in the oven and the water, that was always present* had evaporated. The defendant, sworn, said the bread made by him was always scaled at 2!bs 4ozs., whereas the usual scale weight was 21b 3ozs. On Saturday last some £t the men were late arriving at their work through the rain, and the loaves were left too long in the oven and consequently lost weight. In answer to Sergeant Hutton the defendant stated that it was unusual for a 41b loaf to be from 3ozs to sozs short" weight as was the case in question.

Constable Dandy, Inspector of Weights and Aleasures, said he weighed some of the bread on one of defendant’s carts. He-found a 21b loaf 3ozs. short, and a 41b loaf 4lozs short. Another 41b loaf was 3ozs short weight. Witness then bought the loaves, and told defendant to pick a basketful out of his cart and he -would weigh the loaves. One stale 41b loaf was sozs. short, and the others averaged from 3ozs _ to 4ozs short. He had examined defendant’s bread on other occasions, but never found it short.

His Worship said bakers must supply the weight of bread they represent the loaves to be. • The maximum penalty was £5, but defendant would he fined £3 with costs 7s.

APPLICATION FOR MAINTENANCE

Helen Alary Wilson (Air Burnard) applied for a separation order and maintenance against her husband Francis E. Wilson (Mr Stock.) Air Stock said the defendant thought the case would bo' heard on Wednesday, hut he was prepared to consent to an order being, made for 25s a week, the informant to have the custody of the child.

The order Was granted accordingly, with costs £1 10s against the defendant.

A STABLE ROAY

John Peddle Barrington (Air Burnard) was charged that he did, on Alay 6th, assault, and cause bodily harm to John Thomas Cassidy, coach proprietor of Te Karaka (Mr . Nolan) and informant asked that the defendant be bound over to keep the peace.

Air Nolan said the defendant was employed casually by Air Cassidy, but though under prohibition, was frequently the worse for liquor. On the date in question defendant camo to the stable and struck Cassidy on the face. The defendant had often threatened tho informant.

The informant, sworn, said the defendant frequented his stable, but witness ordered him away, because he believed he was drinking on the premises. The defendant used threatening language. On Thursday, May 6th, witness was loading the mail coach helped by a man named Brown. Brown left the stable and went to the Rangitira Hotel. AVitness also went to tho hotel and spoke to a man named Nicol. AVitness returned to the stable and Brown and Barrington followed. Brown asked for his wages, and Barrington said “Let him have it.” Barrington then struck witness and knocked him down. A man named Oman then came in and stopped the defendant. AVitness had to have his face dressed as a result of the blows. He was afraid the defendant would attack him again. To Air Burnard : It was true persons often drank in his stable. He had been drinking on the day the row occurred. He did not go to the police about the assault. AA’hen he had a row with Brown on the same night Brown struck at him. The defendant was a quarrelsome man.

Robert- White, carpenter, living at Karaka, said lie remembered the date in question, when he was in complainant’s stable. Cassidy and Brown were there. A row took place. After a few minutes he heard Barrington say: “Let him have it;” and several blows passed between Cassidy and defendant. Cassidy fell to the ground. The two were separated by William Oman. Witness had not had any drink that day. William Oman, builder, residing at Karaka, said that on the night- of the row -he was in Cassidy’s stables. Ho heard Cassidy and Barrington having some words. Barrington struck tbe complainant and knocked him down. Witness interfered and : stopped the row. Cassidy was badly knocked about. He had not spoken to Barrington'about the case. ' ' .. For -the defence Mr Burnard called. •George Brown, coach driver, said he was at Cassidy’s-stable when-the row occurred. Cassidy rushed at witness and struck at him. Witness defended himself and struck Cassidy four times. He struck tbe informant 'about tbe eyes and brought blood. The- witness Oman then came up and Barrington spoke to him. Oassidv and Barrington then had a fight. Cassidy pulled Barrington into the "stable. Witness separated the two. He saw no blows- struck. Cassidy had been drinking. - The defendant, sworn, said that ou the day in question he heard a row going on in Cassidy’s stable. Cassidy said to Brown : “If you want any.thing you can have it,” and struck Brown.~ Brown then struck hack at Cassidy. Oman-was at the stable door and witness then went into the stable. Oman went to stop the row, lint witness told him not to interfere. Cassidy then came up to witness, asked hi in what lie wanted, and offered to fight. They clenched and Cassidy drew witness inside the stable door. Both 'Blip and

witness struggled to the top. Brown then, interfered. 'To Air Nolan: Neither Cassidy, White or Oman knew what they were talking about. His Worship: The witness has'been drinking this morning. To Air Nolan: He was sure he did not strike, Cassidy. His Worship said he could not believe the evidence for the defence, and the defendant would be bound over to keep the peace for six months in two'sureties of £lO each, costs to be allowed.