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Auckland Star, Volume V, Issue 1305, 14 April 1874, Page 2

The wisdom of our civic rulers has received a remarkable illustration in the case of H. and P. Gibbons v. the Mayor and Council, heard' at the District Court yesterday. The facts of this ease are no doubt well remembered. The action was to recover the value of a horse belonging to the plaintiffs, which backed over the dangerous embankment in Cook-street and was killed. When the claim against the Council was first made it was, in the ordinary course, referred to the solicitor of the Corporation, Mr J. B. Russell, who advised its payment. Following a practice almost invariably adopted by them, the Council, not satisfied with the opinion of their recognised legal adviser, determined to consult some other lawyer, and, we believe, desired to submit the case to Mr. Whitaker, who, however, declined under the circumstances to have anything to do |with it. Undismayed by this rebuff the case was stated for Mr. Gillies, who confirmed the opinion of Mr. Russell in so far that he expressed his belief that a jury, with the facts before them, would, in all probability, give a verdict for the plaintiff. Subsequent to this we hear no more of the claim until we find it in the District Court, with Mr. Lusk as counsel for the Corporation. How it came there; after the adverse advice which the Council had paid for is a matter that may well be inquired into by the ratepayers who have to pay the piper. The result was what might have been anticipated, the Council were mulcted in £40 damages and £16 13s costs, while the claim could in all likelihood have been settled without the intervention of the Court for something under. £40. The expensive lesson will, it is hoped,' have a beneficial effect by leading the Council to guard more carefully against leaving exposed embankments in much frequented thoroughfares. The cost of fencing these places is so insignificant compared with the danger to life and property which their' exisbence in an unprotected state creates that we can conceive of no reasonable ground on which the Council can disclaim responsiblity when cases such as that heard yesterday arise, where no steps whatever had been taken to render the road safe for traffic. All contracts for the formation of streets involving heavy embankments should include a provision for the fencing of the sam.e at their most dangerous points,

The Theatre of the Prince of Wales will be re-opened to-morrow evening by the Californian Minstrels, in conjunction with the Vivian Koyal Comique Troupe, the renowned Frank Verten, and the incomparable Australian George, whcse name and performances are well known in all the principal cities of the sister colonies. George comes to us with unexceptionable references, ana we believe that a treat of no mean order will be open to the people to-morrow evening at the Queen-street Theatre.

A correspondent thus appeals to our feelings regarding Dr. Eosenthal : —" Sir, — Would you allow me to make a few remarks about this man. He calls himself a doctor. D the doctor he is. He has run away. His brother went away by the Rangatira last Saturday. He has nearly sent me mad with my ears. He has cured only a few cases—simple ones. He has nearly sent Mr M , the butcher, mad. You send up and you will see all about it. I hope you will write a good bit about him. He is a villain. He has made a man down in Freeman's Bay worse—a man'"with one leg. I hope you will have o good bit about him. I will become a constant subscriber if you do. See if you can't write something about him like you gave Edger—that was fine.

How pleasant it is, in this wicked old world, say the Peoria Review, to meet a man in the busy walks of life whose face is an open book, bearing the imprint of honesty, whose nobility of soul speaks in his very glances, whose whole demeanour inspires you with a yearning platonic affection for him that only needs cultivation to inspire the possessor to know more of him, and borrow money of him, as it were. % Ah, yes !

A prize is open for competition to the youth of Auckland which should excite some strong healthy rivalry. An examination will shortly be held for the election of a cadet in the engineering department of the Auckland Harbour Board. The cadetship is worth £50 per annum for three 5 ears, and is therefore worth agood struggle for. Conditions and subjects for examination are to be learned by application at the offices of the Board.

We notice that Mr Perkins, of the Occidental, has purchased Mr Prince's thorough-bred three-year old filly Discord. This animal is wonderfully -well bred, being by Traducer out of Nameless by Peter Flat. She is enteied for all the handicaps-at the forthcoming meeting, and as she will receive a thorough preparation she ought to prevent the one or two great guns from having all their own way this time.

The Auckland Amateur Troupe of Minstrels gave an entertainment last evening at Panmure in aid of the funds of the Panmure Catholic Church. The entertainment was of a very attractive character, and enjoyed by a large number of persona. The band opened the proceedings with an overture in good style, and the Minstrels gave the lively chorus of the "Coon Hunt" with good effect. Mr W. Doran sang "Little Footsteps" and- " Piccadilly," and Mr P. Deran gave the "Ten Little Niggers" and "Return from the Battle." Master Hill sang "I have no Mother now" with much "feeling, also "Hettie May." Mr. E. Ward gave the laughable ditty known as the " Hen Convention" and the " Yaller Gal" song and dance. Mr T. Hull gave the pretty song " I heard a spirit sing," and Mr E. O'Hare the song of the "Wandering Refugee" and "Little high-heeled boots." Mr A. Smith amused the audience with a comic recitation. The entertainment concluded with the farce of "Andy Handy," from Lover's novel of that name. Dancing then commenced with vigour, and was kept up till three o'clock in the morning, when the poor fiddler exclaimed that he was quite done up, and considered that it was time to go home.

The adjourned meeting of cabinet-makers and upholsterers of Auckland was held last evening at the Commercial Hotel, Short-hand-street, and the meeting was Very well attended. It was announced that, in accordance with tho motion passed at the former meeting, a deputation had waited upon Messrs. T. and H. Cooke, but those gentlemen had persistently determined to keep open on Saturdays, and refused to comply with the request of the Society. It was also resolved that a deputation be formed to wait upon the several employers to ask them to continue closing at 2 o'clock on Saturday's, as by doing so it would confer a great benefit to all connected with the trade, both employers and employed. The meeting expressed a hope that the public would support the movement by not purchasing after tsvo o'clock on Saturdays." A vote of thanks to the Chairman was passed, and the meeting adjourned until Friday next.

The Auckland shipwrights held a meeting last evening at the usual place, but it was not largely attended. A committee was elected and several new members accepted. The conduct of some of the masters who had not conformed to the wishes of the society was criticised and condemned.

The acting manager for the Petroleum and Kerosine Company reports the arrival of the steam engine at the Springs. Mr. Goldsmith deserves favorable mention for successfully over - coming the difficulties with which he had to contend on the road. The workmen's cottages are now finished. Great credit is due,to Mr Stubbs for the energy he has displayed in pushing forward every connected with the works, as, although only recently officially appointed, he. has been acting as manager ever since the arrival of the first shipment of machinery.— P. B. Herald.

The action brought by Messrs Gibbons against the Mayor and City Council was concluded yesterday in the District Court before Judge Beckham. The plaintiff sought to recover damages to the amount of £50 fora horse which was killed on the 20th December last, through it was stated the negligence of the Council in not keeping the steep embankment in Cook-street properly fenced. After a number of witnesses had been examined, the jury returned a verdict for plaintiff, damages £40, the costs £16 13s, which defendants were ordered to pay.

Dr. Goldsbro' ha 3 appeared several times as the principal witness against carmen and drivers for negligent conduct with their vehicles. It is only fair to the doctor to mention that he always refuses to charge anything for " costs," and only takes up these cases in the interests of public safety.

The following are the amounts collected at the various Anglican Churches last Sunday in aid of the Home Mission :—St Paul's £21 19a 2d ; ,St Matthew's, £19 13s lOd ; St (Mary's, Parnell, £18 14s od ; St Mark's, ;Remuera, £12 6s 3d; All Saint's, Ponsonby, £210a ;St Sepulchre's, next Sunday.

Numerous complaints are made against persons placing dust boxes and large quantities of rubbish outside their places of business, &a, long after the time fixed by the City Council for the rubbish to be collected, entailing endless work and dirty streets at all hours of the day. We learn that stringent instructions have been given to .the carters not to go back to collect rubbish after they have passed their rounds, and that summonses will be issued against persons leaving boxes of filth on the footways after proper hours. The nuisance and removal of rubbish is assuming a magnitude that was never intended when it was proposed to only colkofc shop-sweepings,

The prisoner John Gudge, -who was found guilty of an indecent offence, was brought up this morning at the Supreme Court, when the remaining indictment was preferred against him. His Honor stated that he had considered the point raised by Mr Laisaley, prisoner's counsel, and had made up his mind to reserve it for the decision of the Court of Appeal. The prisoner was therefore ordered to remain in custody untilthat Court shall decide upon the point raised. This concluded the criminal cases of the session.

The members of the Wellesley-street Mutual Improvement Class will holdamusical and literary entertainment this evening in the Baptist Chapel (Mr Cornford's), commencing at half-past seven, when musical selections will be given by the choir, and poetic and other recitations by the members. Keiresiiments will bo provided during the evening, and from the character of the programme friends and visitors may anticipate a joyous evening.

The members of the Victoria A.R.V. Company will meet for parade this evening in the Drill-shed, at half-past seven o clock. Members are requested to attend in lull dress, and after parade business of an important nature will be brought forward.

The members of the flourishing Literary Institute of Newmarket will meet this evening to hear and discuss an essay by Mr Carlyle, on the Darwinian theory as to the origin of species. The subject is interesting, and, as it affords wide scope for discussion, the meeting should be largely attended.

We are glad to learn that our local last evening has elicited an offer from Mr Charles Crawford to undertake the lighting of the town clock. Mr Crawford has submitted very favourable terms to the Mayor, in which he undertakes, in case of failure, to bear any cost he has incurred We hope the.proposal will be closed with and that the next attempt will be much more successful than any of those hitherto made.

Dr Hector has returned to Poverty Bay from Hick's T3ay, after an absence or three weeks, during which time he has been enga-, ged in examining the coast and interior districts for a considerable distance inland. He reached the base of the Hikurangi group of mountains, but the weather was so unfavourable that the natives refused to accompany him further, and he was compelled to postpone his explorations until December next. Dr Hector intended to have journeyed round by Opotiki to Taupo, but the time occupied in examining the district prevented him from carrying out that project ; he has left an assistant, who will make collections and obtain the particulars necessary for the compilation of a detailed report of the district, a work -which will occupy about two months. He reports very favorably of the country in a pastoral and agricultural point of view, large tracts of the country through which he passed being eminently adapted for both purposes. The district is principally comprised of upper secondary and lower tertiary formations, and the petroleum is derived from bituminous shale belonging to the first named formation, seven distinct localities having been pointed out between Poverty Bay and Hick's Bay where indications of petroleum, either by the exudation of oil, or the escape of illuminating gas, exist. He considers that the large area over which the oil-springs extend is a strong indication that the^existence of oil in the strata is a general and not a local phenomenon.

The troubles of the island of St. Helena are beginning to attract no small attention in England. The opening of the Suez Canal has destroyed the little commerce of the island. The once celebrated tomb of Napoleon no longer attracts strangers ; and the withdrawal of the British troops, formerly stationed there, has left the islanders almost penniless. A. piece of burdensome red tape, moreover, entangles the unlucky people of Sfc. Helena in the shape of expensive pensions which they are forced to pay. " They have had," says a writer in the London Times, " for the last three and a-half years a British Admiral to govern them, whose salary has been a heavy burden upon them, and yet on his recent retirement you will sco by the memorial to the Secretary of State for the Colonies that these dsjected islanders are to be taxed, out of their scanty revenues, but for imperial purposes, to give their late Governor a retiring pension of £500 a year for the next nine years, their small revenue having annually decreased for some years, and now amounting to only a few thousands, while even much of this (about a fourth) goes towards paying pensions forced upon them by the Government. ,

The small, chapel known aa the Christians' Meeting House was last evening the scene of considerable merriment in consequence of the first meeting of the members of the Harbinger of Peace, who held a tea me eting and soiree within its walls. More than a hundred persons sat down to tea, and enjoyed, we understand, a sumptuous spread. Mr Bobbin was in the oliair, and, owing to the length of the programme withheld his introductory speech. The first recitation, " Eliza,"'was given by Mr Bellingham, who was so extremely low that scarce a line of that used-up extract could be heard. The very limited choir sang, a glee very faintly. Miss Jessie Woods and Miss Nesbitt sang several pretty ballads—tHe former without musical accompaniment, as the harmonium ist was out of time. Upon being encored Miss Woods gave the "Unmusical Nod," which was happily rendered. Mr Hemus gave as introductory to a neat pithy speech, the ," Woodman's Soliloquy." Miss Froude redted in her own sweetly pathetic manner the "Neglected Bride," and t>-i beinff recalled "The Lady's' protest agaiu<.t a Colored Meerschaum," which was unworthy her powers. Mr E. Spragg repeated his stock-song "Bine the Bell;" and Mr Marson sang with his usual energy " The Castles of Bacchus." Mr Rogers, the worst performer of the evening, gave a vulgar piece, "My Whiskers," which was not only absurd in its character, but which combined with the ludicrous action of the speaker was offensive to good taste. Mr Brown was much better, though rather indistinct, in the " Parnell Bachelor," (original) from which we snatched a verse :—

He comes forth quite a swelJ, from his. homo in Parnell, And walkw out with somebody's daughter : Sings temperance lays, while hia fiddle he plays, On the strength of tea, oatmeal, and water.

Speeches were subsequently given byMessrs Senior, Downey, and Leiioy, and we candidly confess that in point; of real literary merit, though not in numbers, the entertainment of the Harbinger of Peace Lodge was a failure, We never remember to have listened to so much rubbish from a body of sober men before, and, we would recommend to those who push forward to address the people, to steep their speeches in what Mr1 Remus facetiously called the " solution of common sense, "^ and if they would advance their humble hearers in intelligence as well as sobriety to give them something more substantial than strayr ; but, as a retired milkman observed with Johnsonian sternness—" The end has been served, Sir, the people have had a good tea,, have been amused, and the Do vilhss been cheated,"

An opportunity for purchasing city yfli. sites seldom offered -will be given to-morrow when the two splendid allotments at th corner of Symondf-street and Havelod -istreet, next St. Andrew's Church, will h sold by auction "at the mart of B. Tonis arid Co. There is no locality in the vicinity ofn city at all approaching these for conveneince ancl as they combine all the advantages of suburban property, while at the same tin, within a few minutes walk of Queen-street the competition for them will no doubt be very animated. The allotments W part of the hospital endowments, "and arefo be . leased for a period of twenty.™, years. Properties of this kind are rapidly '■ increasing in value, and becoming^ j^ difficult to obtain. To-morrow" 1 Mr Sibbin will offer, wittout reserve, a valuable freehold property in Bock street, as per advertisement, and a l»g c family residence with four acres, orchard and paddock in Eemuen't, at a rental of £3q per annum for six years, and a splendid allotment for those who want to build. This opportunity is one which should not be lost sight of by those Who desire to secure good household propery or a good family "' ' . r esidence. . ' We' learn that a telegram was received yesterday by the General Government at . "Wellington from the A gent- General in london. announcing the sailing of the "Wiehart and. Queen of Nations for Auckland -with , six hundred and thirty immigrants. In the Fall Mall summary of Mr Bright'g , late election speech at Birminghamlia foundv the following :—" Passing in review variow other topics he came to the Irish legislatidh ; of the Government. Answering a remark j made to .him by a clergyman that dis-estab- » lishment in Ireland was a judgment up^ | them for their shortcomings, Mr fright said i if ever there was a measure which pi*ssed a ; House of Legislature undoubtedly conformable . to the precepts of the revelation which fo -, Divine Master had left us it was thejre-' i moval of the political institution which w«nt by the name of the Established Chnrchof Ireland. What had followed? We had ' seen 'that the Church was endeavouring gra-. ; dually, and he trusted successfully, to purify -, itself better for the work before it. As to • the effects of the Irish Land Act, he saidno . landlord was injured. The value of land i had not fallen, all property in Ifelaad i was far more secure, and agrarian crime • and outrage, as compared with a few years » ago, had almost all ceased. He argued, that . the Licensing Act should not be regardedas t a party measure. The opposition of licensed I victuallers showed there was among that i \ class a residuum—men low in circumstances i and character to whom any legislation which I tended to sobriety and good order must > necessarily be somewhat hateful. Therewas ,' • also a much larger class to whom reasonable i legislation in this direction WAS not only not ! hateful, but even welcome.