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The Press. THURSDAY, SEPTEMBER 26, 1867.

Whatevee may be said of the proceedings of the Assembly during the present session, no one can complain— as Southern members used at one time to complain, even to the extent of grounding on it a plea for the separation of the Islands—that the time of the Assembly is entirely occupied with Native affairs. So far as we remember there has been scarcely any exclusively Native legislation, such as has taken a prominent place in former sessions, with the exception of Mr M'Lean's Bill for conferring on the Natives the right of representation in Parliament. Canterbury at least has received its full share of attention. Besides minor matters, (several pages of last week's Hansard, for instance, are taken up by a debate on the amendment of the Land Regulations of this province with respect to pre-emptive rights) there has been the Timaru Bill with its animated debates and exciting incidents—in which, by the way, Mr. Moorhouse, if he has not won the victory, has at all events inarched off the field with colours flying and with the honours of waz\ Scarcely has that Bill been disposed of when we hear of a somewhat similar measure introduced by Government on behalf of Westland. We have heard nothing yet of the j nature of the Bill. According to Tuesday's telegram Westland is to be made a county; but as to the form of local government and the amount of revenue locally appropriated, or what is to be done about the debt, we have received no information. The West Ooast Times of Monday publishes extracts of a letter received by a member of the Separation League from the Post-master-General, in which Mr. Hall observes that New Zealand has had too much of provinces to wish to create any more, and that the people of Westland have supplied the opponents of any change with an irresistible weapon by the fact that the only thing they have asked for cannot be granted. This entirely confirms our view of what the feeling in the Assembly was likely to be, aud that Westland would stand a better chance of success by petitioning for some less extensive form of relief than that of being constituted a separate province. The measure will of course be opposed; and no doubt we shall hear many arguments to prove, first, that it will be destructive to the province, and secondly that the Provincial Council will be only too happy to pass it themselves ; but we can hardly imagine that it will be rejected. Westland has a still stronger claim on the Assembly than Timaru, and the precedent set by the one Bill can scarcely fail to be followed with the other. We may hope that next session, instead of a separate Bill for each district in turn, the Assembly will be asked to pass a general measure applicable to the whole colony. For an account of the rest of the proceedings in the Assembly during the past week we must refer our readers to the letter we publish elsewhere from a Wellington correspondent. The end of the session is approaching, and members are getting impatient to depart; but some of the most important business still remains to be completed —the Consolidation of Loans Act, for instance, which has passed the second reading and been referred to a carefully chosen Select Committee. The Committee appointed early in the session to consider the financial state of the colony is to bring up its report ,on Friday next. Meanwhile the House is going through the estimates, and the usual lame endeavours are being made by a few members, apparently with the usual ill success, to effect a reduction by lowering here and there a salary. This, as we have had occasion to remark with respect to the Provincial Council, is at once the most unjust and the most unprofitable method of reduction that can be attempted. It is unfair to individuals, injurious to the public service, and at the best produces an inappreciable effect—for what is gained by striking off a few hundreds from an expenditure of a million. The only means by which any material reduction in the expenditure can be accomplished is, not by cutting down salaries, for no one can say that the public officials of this colony are over-paid, but by diminishing the heavy votes for the larger services and, most of all, by revising the whole system of government. There lies the real difficulty. If the colony insists on maintaining the present elaborate form of government it -must not grumble at the cost. Some slight savings may perhaps be effected here and there in matters of detail, but if the colony

wishes any considerable reduction in 1 taxation and any comprehensive re- J modelling of the financial arrange- t raents, it can only be achieved by reraodellincr the whole political system. ; And that, as we have said before, is a , task which no Ministry can venture to J undertake unless upon the unmistakable ; demand of the people themselves. Since writing the above we nave received a telegram from "Wellington giving an outline of the Westland Bill. It proposes to separate "Westland from Canterbury, aud vests the Superintendent's power in a nominee of the Governor, assisted by an elective Council of seven members, the Chairman of which is also to be appointed by the Governor. The Colonial Treasurer is to receive all revenues and make disbursements—we presume according to the votes of the Council. The debt is to be referred to arbitration. A strong feeling, we are told, has been excited against the Government by the fact of their having brought in the Bill while the appointment of the Select Committee to which they had proposed to refer the Westland petition is still under discussion.

St. Makx's Chubcii, Addington.—An adjourned meeting of the parishioners of St . Mary's Church, Addington, will be held this evening at seven p.m. A large attendance is requested, as the matters to be brought forward relate to church and school matters. Dramatic Society. — This society has decided on giving their first performance for the benefit of the Benevolent Aid Society on Tuesday evening next. The first rehearsal has therefore been called for this evening, instead of Friday, as previously ■ arranged. Gazette. — A " Provincial Government Gazette" was issued yesterday, containing a notice from the Revising Commissioner • appointed under the Roads Ordinance Amendment Ordinance that he will hold courts for revising the several rolls of the different districts at the places mentioned in the " Gazette." Theatre Royal.—Little Marion Nathan took her farewell benefit ut the theatre last evening. The house was perhaps the best that the company has had during their present stay in Christchurch. Oh to-night ' and to-morrow night the company will play in Lyttelton, and it is probable that they will revisit Christchurch before they leave for the North. Native Gathering—We learn from a Wellington contemporary that a monster meeting of Natives is to be held in Wellington prior to his Excellency Sir George Grey's departure. The object of the meeting i.» to bid the Governor good-bye, and already notices are being sent in all directions. Sir George Grey is such a universal favourite with tlie Natives that a very large and enthusiastic gathering may be anticipated. Lyttelton Volunteer Artillery — Captain Ritchie, previously to his departure, appointed the following non-commissioned officers to fill the vacancies that had occurred through the election of Second-Lieutenant Willcox from sergeant-major :—Sergeant H. Allwright- to be sergeant-major, Corporal Cummins to be sergeant, Bombad-er Rich to be corporal, and Gunner Jenkins to be bombadier. At tho same meeting Mr Robert Donaldson was elected a member of tho Battery, and Mr John Fowles proposed for election at the next meeting. The New Governor.—The New Zealand " Times," of the 23rd instant, says it is currently reported in well informed circles that Lord Lyttelton will be His Excellency Sir ; George Grey's successor. Before Colonel Gore Browne, C.8., was removed from the Governorship of New Zealand, Lord Lyttelton i applied for the appointment and offered to tike it without salary. His Lordship has ever taken a deep interest in the affairs of the colony, is well acquainted with them, and has, we understand, invested a considerable amount of capital in the Middle Island. He has, however, intimated his intention to visit Canterbury some time during the present year on business of a private character. Albion Cricket Club.—A meeting of members of this club was held last evening at the City hotel. The meeting was called to make arrangements for the opening match to. be held on Tuesday next, in Latimer-square. The list of contributions was read. It included a very large quantity of eatables and drinkables of every description, sufficient at all events to provide for some hundreds of persons. Stewards were appointed, and arrangements were made to carry out the details. It was decided that a number of invitation tickets to the lunch should be issued. After having made several necessary arrangements, and appointed committees to carry them out, the meeting broke up. Magisterial.—At the Resident Magistrate's Court, at Christchurch, yesterday, several civil cases were disposed of, but. there were no criminal cases heard.—At the Police Court, at Lyttelton, Catherine McDonald (an ' old offender) was brought up in custody, charged with vagrancy, and was discharged with a caution after the evidence of several witnesses had been heard.—Jane Glass was brought up in custody for being drunk and disorderly and making use of obscene language. Constable Smyth stated that at about ten o'clock j-esterday morning he arrested the prisoner in Salt's gully. She was at the time drunk, and using most foul and abusive . language The Resident Magistrate fined prisoner 10s, or fourteen hours' imprisonment. Prisoner refused to pay the fine, and wa3 locked up in default. Biennial Parliaments.—With reference to a question which has frequently been referred to during the present session of Parliament, namely, whether the Parliament should meet annually or at less frequent period, the Colonial Treasurer stated on Friday night that the annual meeting of the Legislature was one of the greatest evils the country suffered from. Acts cropped up like mushrooms, and vast sums of money and much time was wasted in passing them. Every session on* an average cost at least £20,000. Hon. members spoke of retrenchment, let then the Legislature meet once every two years, instead of annually. He had long felt that this course should be adopted, and hoped that the House would give attention to it. By it, not only would £10,000 a year be saved, but a vast amount of legislation, which ultimately became useless and v burden on the statute book. Agricultural Export Company. — A meeting of the directors of this company was i.eld yesterday in their new offices, Colombo street. There were present Messrs Knight (chairman), W. Tosswill, Wright, J. Toss will, Perrin, Clark, Morten, and Deleuiain. The meeting was called to draw up rules for the guidance of the directors. The following resolutions were passed —" That five members should form a quorum." "That Richard May Morten, Esq., be permanent chairman of directors." "That Mr Wylde be requested to continue to act as secretary until the annual meeting in December next." " That the office be kept open for receiving applications for shares, &c, on Wednesdays and Saturdays." "That all cheques be signed by the chairman and secretary." " That all accounts bo parsed by a board of directors before being paid." Xho Secretary stated that the preliroina>-y expenses amounted to £6 Ids, which sum was ordered to be paid. The Secretary also stated that shares had been taken up to the amount of £765. After

having decided to hold meetings called by j advertisements in the various agricultural dis- ,• tricts, the meting a ijvxurnod until Wednesday, October 9, at noon. Resiarkabi.e Escape —An AucUand paper . ijives Tho following account of a most extraordinary eseipe that occurred on Friday last at Parnell : — l: Any one passing; up or down the Waitemata harbour, or to and fro between the city and Parnell, must have observed a lofty and prominent precipice at the eastern extremity of Mechanics Buy, near the residence of Dr Stratford, and - behind the small Native church of St. Barnabas. The cliff is perpendicular, and the rocks at its foot are submerged at high water to a depth of some feet. It appears that a son of Mr Lincoln was gathering food for rabbits on the brink of the cliff, which is nearly 100 foet in height, when, feeling the ground slipping from under him, he did what few boys at his age (ten years) would have had the presence of mind und hardihood to do, made a bold spring outwards into the tide, and alighted on his feet in the water, the portion of earth on which he had been standing fallinz at the same moment ou the rocks below. Wonderful to say the only injury he sustained was a sprained ancle, for which he was promptly attended by Dr. Wright. This is undoubtedly a most extraordinary escape, and it was most fortunate the tide was in at the time of the occurrence. We certainly are inclined to think that a mere boy of ten years of age who could display such an amount of presence of mind, judgment, and courage, deserves the escape he has won." TnE Bishop of Otago.—A letter recently received from a correspondent in Dunediti says that a very important question is at present agitating the minds of the religious portion of tlie community. It may be known to your readers that some arrangements had been made by the clergy of Otago to obtain a bishop for the province, and Dr. Jenner had been mentioned as the rev. gentleman likely to obtain the appointment. A special meeting of the Rural Deanery Board of Otago and Southland was held on. the 17th instant, for tqe purpose of taking into consideration several letters from Mr W. C. Young and Bishop Jenner to the Rev. E. G. Edwards, the Rural Dean. There were several of the clergy of the diocese present, together with lay representatives from various parts of the province. Great interest was manifested in the proceedings, which lasted several hours. The main question for consideration was, ; whether Dr. Jenner was a fit person to fill the , office to which he had partly been invited to ■ fill, hxception was taken to the rev. gentleman by several members of the Board on ■ account of his (Dr. Jenner's) ritualistic ; proclivities, and several motions und i amendments were proposed and discussed before the Board separated. Ultimately tlie following proposals were adopted by ! the meeting:—l. " That the Secretary be instructed to write to Mr William Carr Young, convejing the thanks of this Board lor his letter to the Rural Dean, dated 26th July last, informing him that, while fully I concurring in his opinion that any attempt on the part of the Bishop of Dunedin to introduce, against the will of the members of the Church in this diocese, such practices as 1 those described in Mr Young's letter, or any ' change of ritual, or obsolete observance distasteful to tho laity, would meet with general 1 opposition, and, if persisted in, woul 1 lead to 1 most unhappy results ; yet, having read the ' Bishop of-Dunedin's letter to his Rural Dean, " dated Ist July last, which, in effect, emphatically disavows any such intention, this Board ; does not feel justified in the face of that assurance iv endeavouring to dissuade the Bishop from undertaking the charge of his See." 2. "That since the proper Endowment Fund for the Bishopric of Dunedin has not been, and is not likely to be, raised in these provinces, the . Bishops of New Zealand and of Christchurch be requested to endeavour to complete it in Kngland, so that when the new Bishop arrives , he may have a sufficient maintenance." No. 1 Company C.R.V —The annual meeting of the members of this company was held ■ on Tuesday evening at the Clarendon hotel, : Lieutenant DeTroy in the chair. The minutes of the last, general meeting having been read [ aud confirmed, the committee presented their . annual report. The report gave the attendance of the various members of committee for ■ the past year, together with a digest of their | proceedings, a noticeable feature of which is ! that for the purpose of encouraging a better , attendance at drill the committee have i authorised the expenditure of a sum of money • not exceeding £20, to be divided into four or ■ more prizes, to be given to those members who have attended the greatest number of drills ; during the ensuing year, ties to be decided . by the commanding officer, who is to be guided by efficiency in drill ; no officer or non-com-missioner (except the secretary, treasurer, and bugler) to be eligible to receive any prize . The report also noticed tho gradual decline of the company, and asked the company if they could offer any practical suggestion to place it on a better footing. The auditors then presented their report and balance sheet, which showed the finances of the company to be in a satisfactory condition. The report was adopted. The following members were '. then elected by ballot to form the committee for the ensuing half-year : — Sergeant s [ Stansell and Hawlpy, Corporals Berry '. and Banks, Private Gibbs, and Bandmaster Button; Privates Hart and Hawley were elected as auditors, and E. B. Bishop as treasurer, for the next twelve months. Ensign Allison reported that he had communicated with the late regimental band (who are sworn in S3 members of No. 1 Company) with a view of ascertaining if they would act as 1 tho band of No. 1 Company at stated times if the company would allow them a! [ little pecuniary assistance to pay the cost of 1 uniform, music, practice-room, &c, and that the Bandmaster had informed him that the Band were quite willing to do so, and attend a sufficient number of drills to entitle them to the General Government capitation grant. It was resolved that tho arrangements with the Band should be left to the committee. In consequence of many members of the company not having attended drill for a considerable period, and there being no means of forcing them to attend except by fines, which were considered objectionable, a resolution was passed to the effect that absence from drill for one month, without leave, should con- j stitute a sufficient reason for the dismissal of j any member, and that tho officer commanding berequested to forward the names of those members who render themselves liable to this rule to the Commander-in-Chief, with a request that ho will exercise the power given him by the Volunteer Act to dismiss for neglect of duty. After some discussion as to the advisability of electing a captain, the meeting separated at a late hour. Bertband's Case.—ln the Judicial Committee of the Privy Council, on July 10—present, Sir R. T. Kinderslcy, Sir J. Colvile, Sir E. V. Williams, and Sir J. T. Coleridgejudgment was given in the case of the Queen v. Bertrand, in which a very important question was raised as to the mode of taking evidence on a new trial for murder. Other points of considerable moment were involved in tho investigation of the case, which occupied two days in hearing. Tho circumstances of the ease may be brieily stated as follows :—The prisoner was charged with the murder of one Henry Kinder, in the December of 1865, and tried at Darlinghurst, in Sydney, at the assize next ensuing. The trial lasted for three dajs, and the jury were discharged without giving a verdict, having been locked up for more than twenty hours. The prisoner was subsequently tried by another jury, and having been convicted, was sentenced to death. On the second trial the judge who presided allowed the evidence as taken on the first occasion to be read over, and the witnesses to be examined by either side. In the March of 1566 a rule was granted, on the application of the prisoner, by the Supreme Court of New South Wales, caliing on the Attorney-General to show cause why the-verdict of Guilty found on tho second trial should not b« set aside and a new trial granted, on the ground that the evidence of Borne of the witnesses had been read to the

jury from tho uote3 of the Lord Chief Justice ; at tlie former trial, and that a reply had been I permitted, contrary to the practice of the! Court, by which tlie prison*!' hud been pre- j judired in his defence. On the argument of | the rule titxi. Mr Justice llirgrave and! '.Mr Justice Cln-eke give judgment to tlie efleet that at the second trial a substantial miscarriage of justice had occurred on the grounds stated, and that, therefore, there ought to be a new trial. The Chief Justice, on the other hand, gave judgment to the effect that as the evidence had been taken on the application of the prisoner he had not been injuriously affected, mid that, therefore, the rule ought to bo refused. Mr Justice Faweett concurred with the Chief Justice, but withdrew his judgment in order that there might be an anpe-d to her Majesty in Council, and the verdict found by the jury— the subject of the appeal—was permitted to be set aside, and a new trial was provisionally granted. Tho questions submitted to their lordships in the appeal were two —Firstly, could there he a new trial for felony ? and, secondly, whether the evidence on the second trial had been properly received ? As we have stated, the discussion of the points raised occupied two days, aud the criminal law bearing on the subject was exhaustively discussed by the learned lords and the counsel for the respective parties concerned.—'Sir J. T. Coleridge delivered the judgment of the Court, and having recapitulated the facts of the case, and quonted till tho authorities bearing on tlie question raised, gave it as the opinion of the Court that no miscarriage of justice had taken place, and that, the judgment of the Chief Justice of New South Wales must bo affirmed. Tlie appeal must bo sustained, but without costs, and the order for the now trial reversed.

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Bibliographic details

Press, Volume XII, Issue 1524, 26 September 1867, Page 2

Word Count
3,715

The Press. THURSDAY, SEPTEMBER 26, 1867. Press, Volume XII, Issue 1524, 26 September 1867, Page 2

The Press. THURSDAY, SEPTEMBER 26, 1867. Press, Volume XII, Issue 1524, 26 September 1867, Page 2