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Auckland Star, Volume X, Issue 3081, 5 March 1880, Page 2

Our morning contemporary, to-day, has a leading article upon the attempt of a judge in Sydney to suppress the publication of the evidence in the case of Shepherd v. Dibbs. While we agree with our contemporary in condemning the presumptuous arrogance and indiscretion of tile judge, who threatened to commit the proprietor of the Sydney ;( Evening News" to gaol for doing what he had a perfect legal right to do, it, is evident that the writer of the article had never read the evidence as published by the " News " His strictures on the supposed bad taste of that journal in reporting prurient details are entirely out of place. From the " Herald's" own reports, and eveuextracted matter, we could quote reports ten times more disgusting than any of the evidence in the case of Shopheid v. Dibhs—at least as that evidence is given ill the "Sydney News." The writer in the "Herald." has missed the point of tiie whole case, and that which makes the conduct of the judge even more reprehensible than it appears at lirst sight. The plaintiff to the suit -was a member of parliament, as well as a solicitor, and therefore, a man of some iulluence. lie commenced an action for slander. In the evidence brought out he was compelled to make unpleasant admissions concerning his own habits—such for example as his acquaintance with certain hoiises of assignation, and women of c;isy virtue- in point of fact the picture given in his own evidence, leaving out the testimony of witnessesfurthedtfence,which wns more disagreeable still, was not a pretty one. Of course he wanted the evidence suppressed. If any one of the thousands of poor, friendless, wretches who pass bufoic judges of the Supreme Court, hud made a similar application, he would have been frowned down; but circumstances alter cases, and though a specific statute, which is the law of England as well as tl:e law of this colnies, confcis an express privilege on newspaper proprietors), empowering them to publish evidence, this " Danial come to judgment," actually issued a mandate ordering the "Evening News" to suppress nil reports of the trial, ami when thai was disregarded, made an order culling upon the proprietor of the paper I > appear before his Highness mid show cause why he should not I)o cummittcd for contempt of court. \Ve have scull the heads of judges in New Zealand tunic 1 by the nrbitury pawor that is vested in their ulliue, but never was anything so audacious as this order i.-siied by the iJonch of this colony, ami wo credit the judges with too sound a knowledge of their prerogatives and duties to ho far commit themselves. We consider that the whole press of Australia is placed under a debt of gratitude to the proprietors of the "Sydney Evening Ncwa" for resisting this extraordinary attempt to gag the press —an attempt which we belicvu to bo quite unprecedented in an English community.

Whii.k coipplnititi of depression aro made iv various i ;uts uf tlio colony, ami the CSn. vcrument is being culled upon lo provide employment fur hundreds of men in Wellington, it is well to iiulo that Hie spirit of gambling is as uetfVe as in the good old times when there was n plethora (if wealth

and an abundance of employment in every binucli of indusliy. The " Olngo Daily Times" recently pointed out that in Dunedin alone seven "consultations' were advertised for n total of .1:17,000, while the circus and other places of public amusement were nightly filled. There was also "consultations " in Chrislchuich, Wellington, and Auekl.uid, and on the West Coast en the Duuediu Cup to the amount of nearly £•20,000 more, so that iv these hard times there were no fewer than abuut 37,000 people, all on their last, le^s, who could each raise '' a note "to speculate on the race. While we cannot pronounco sweepstakes absolutely immoral there can he no doubt Unit they are often mischievous ju their tendency. Many a ruiued gambler can trace his downfall to his lir.it innocent investment in a harmless sweep, which whet, his appetite for his species of speculation, and tempted him into dishonesty. The

(Utructicui of }...iiii, anil the instances ot men who have suddenly become comparatively rich hy a lucky venture have tempted many young men to dip tin ir hands into the till-* of their employers, in the hope of quietly restoring Jtlic; money at tha {'.lir.st favourable opportunity, "The Gaining

and Lotteries Bill," which was introduced last session by the bon. (lie AttorneyGeneral, passed through the Legislative Council, but lapsed in the House of lleprescntativoßj will doubtless be re-introduced next session, and will have a wholesome efleet in preventing the spread o£ gambling "Consultations " are clcaily ami striugently prohibited in tuo following clause :— "Every transaction wherein any money or valuable thing is received as or for the consideration for any assurance, undertaking, promise, agreement, express or implied, to pay or give thereafter to or among any person or persons, by lottciy or chance, whether by the throwing or coating of any dice, or the drawing of any hcketx, cards, lots, numbers, or figures, or by menus of any wheel or

otherwise howsoever, any money or valuable thing on any event or contingency of or relating to any horse-iaec or other nice, light, game, sport, or exerci.se ;-or r.s or for the consideration lor securing the paying or giving by sjme other person of any money or valuable thing on any .such event, or contingency as aforesaid, aud every scheme of the nature commonly known as a sweepstake, shall be deemed to he a lottciy

within the meaning of the Act, and the provisions of this Act shall apply in respect thereto accordingly." The provisions of this clause are very stiiugent, and apply to the most harmless sweepstakes on a racecourse. The "totalizator " is clearly aimed at ill the following clause :

—"Every person playing or betting by way ot wagering or gaming in any public place (defined in the interpretation clause to include all places ''wherever the public

may assemble "), at or with any table, instrument, or means of wagering or gaining, or any coin, card, token, or other article

used as an instrument or means of suel wagering or gaining at any game or pro tended game of chance, shall, on couvictiol thereof, be liable to a penalty not exceedin; £DO, or, in the discretion of the couvictini

ju-ticeß, to bo linpiisoueil, with or without liord labour, for any term not exceeding throo lin'iilhs." liven the popular colonial game of "Yankee grab " will be interdicted it played in any part of a licensed lioiiNe open to the public. It is probable, however, that tin attempt will be made to legalise the totalizator when the Hill again comes under discussion. The Bill also affects lotteries in the following clause, by -which the sale or disposal of any "lauds or tenements, or any estate or interest therein, orally ship or vessel, goods, waves, or merchandise whatever," by moons of any game of chance, or of any contrivance or device having the character of a lottery, is strictly prohibited, and every person infriuging this enactment will be liable for every such olleuco to a penalty not exceeding £100. It is further provided that any person who promotes, or is " a partner in " any lottery or scheme by which prizes, whether of money or any other thing, are gained, drawn for, thrown, competed lor by lot, dice, or any other mode or chance, or who shall sell or dispose of any tickets or other means by which permission or authority is ;uven to throw for, compete, or have any interest in any such lottery or scheme, and any person who shall manage or conduct tlie same is for every ollence to be liable to "forfeit and pay a sum not exceeding C2OO, and for any second oll'uucQ besides such pcuiilty shall be liable to imprisonment for any term not exceeding six mouths., The -Ljill makes exceptions in favour of "art-unions," which arc defined to bo voluntary associations for the purchase of paintings, drawings, sculptures, or other works of art, but such associations will have to be constituted under a deed of partnership or other instrument, and to act under rules and regulations approved by the Attorney-General. The defect of the Bill is that it goes too far. Not only the promoter of the ■'• consultations" and "sweeps," but tile purchasers of tickets and the partners in the transaction will lie punishable. The Bill includes '"any person who shall establish, commence, or bo a partner, or have any interest in any lottery or scheme," so that if it had been in operation during the Itite races eoiiic 07,' 00 persona would bo liable to prosecution !

Till) band of the Choral .Society will meet this evening lor practice at 7.30. The concert St. Paula id to tftlco place next Tuesday.

On our fourth page to-day appears a letter and extract from a lecture on Mormonism. The contribution is well worth perusal as setting out three or four well-attested facts from Mormon sources, relative to this disgusting delusion, which appears to have some attractions for the weak-minded and the ignorant.

It will be seen by reference to our advertising columns that A. Bettany is to deliver one of his popular silent lectures to-morrow cveniup, in the Auckland Market House, on the interesting and profitable nubject of " Cheese," tic hopes to be able to give a piactical illustration of how a shilling saved is a shilling gained.—jADVT.]

The Hon. Mr Eolleston arrived at Napier yesterday en route to Auckland. Mr Brvce accompanied him in order to settle a long standing dispute between Mr Sutton, M.H.K., and a party of natives. Mrßryco afterwards returns to the West Coast.

The Anstced Valley Copper Company, Nelson, have si ruck a lode of pure black oxide of copper, 2ft. Gin. wide, uud 120 ft, from the suifiice.

Mr Gwynneth, C.E., estimates the cost of the Cambridge branch line, 13| miles, at £31,000. Mr Gwyuneth otlVrcd to undertake, at Ihu sum named, 'o give security for its dm; completion. After some consideration ii sub-eoiimi tteo was appointed to wait iiumi tl.c Minisln for Public Works during hi« approaching visit mid to report to a futtue inciting.

The following tenders Wire received at Wellington yesterday for the Whangarei contract of theWhangalei-Kaino railway:— Accepted : Pierce Lunigan, Auckland, £12,050. Declined :J. Brett and Bridge, Auckland, £12,973 ; Darur and Foughey, £14,427 ; A. Reese, Whangarei, £14,G66i; Thomas Farrell and Co., Grahamstown, £14,723 ; Kobert Farrell,Auckland,£l4,B7o; W. C. Breakall, Auckland, £17,120: J. S. smith, £21,910.

Fditor StAB. Sir,—All the Falsehods ci culated by either Press or Pulpit wil not stop the Truth from rolling forward and spreading on the Right hand and the left neither wil it prevent the honest in heart from investigating and when found embracing the Truth, as for Mr Davis and his Challenge 1 wil say to him and to all high and low Priest and People read thirty-eight ver.se in second Captor of Acts, pray over it, reflect over it, nnd above all obey it,—respectfully yours, JoiIN, P. SOKENSKN (not Lorenscu), Elder in the Church of Jesus Christ of Latter Day Saints.

To tjie Editor : Sir, —Your paragraph about the brotherly disecntionl) of the Onehunga Good Templare, was I believe as near the truth as possible, barring the last portion. Those who conveyed the charter away at the close of the divine service are very well known, and I am informed the harmonium never was taken out of the ball, possibly because it is [only partly owned by the tern plurlodge. Yours &<•.,.).( J.

A clamant public want is about to be supplied—a laundry. l!y advertismeut in another column Mi H. A. Mills notifies that he has imported the nt.-eci-H.iry machinery from England, and the business of washing, mangling, and ironing hai already been commenced at his premises, Shelly Bench Road, Ponsonby. The clothes will be fetched from the customers ami duly delivered again when washed nnd ironed. 1 nuudrics <>f this kind are already in activx working at tho other largo centres of population in the colony, and lliere is no reason to doubt the success of such a scheme iv Auckland.

Considerable delay and much inconvenience was enured al, the Police Court this morning owing to the absence of the Bench. Mr Karstow, U.M., was engaged elsewhere, and at the usual hour for opening the bu-iness of tho Court, no justices were present. The a sistaut clerk, a posse of policemen, nnd several small boys were promptly dispatched to all tho hiu-h-wavs an d by-ways to bring in two of Victoria's trusty and well-beloved servants, but tho persons appealed to were not to be moved by the most persuasive eloquence, Mr i uniiinghum vsi sorely distressed, and was compelled to adjourn the Court until half-past eleven o'clock. Meanwhile the lawyers went back to their ollices to take a few more six-aud-eight-pences, the police loitered disconsolately about in groups, the great unwashed discussed polities outside, and one old woman, two Anglo-Israelites, a Mormon, a vagrant at large, successively urged the reporters to wiite something "hot aud strong" about their loss of valuable lime. It certainly docs appear to us that the seventy gentlemen in the city of Auckland who have attained the ambition of flourishing "J.l'." in capitals after their signatures ought at leatt to do justice to the otlice, instead of wasting the time of the public. At twenty minutes to twelve Mr l)i!worth came to the rescue uiid tho business proceeded. After Mr Dilworth had disposed of those cases which could be heard by one .). P., the Court was further adjourned till 12 30 p.m., while another search was made for Justices, and Messrs Becthatn and Prime were induced to sit.

The di-saliufnction that has bocn evoked at the neglect ot public works is not confined to Auckland. The " Northern Advocate " points out that the North is equally negjjlcctcd. Our contemporary says :-"'I he £65,000 voted last session of Parliament for public works for North Auckland has not yet boon allocated, although our local Council has used every exertion to got some- of the money expended before the winter sets in. From present appearance, there .seems little likelihood of any of thit money being appropriated before Parliament again meets. Why should North Auckland be still neglected ? Arc the promises made by the Hall Government to bo broken ? Last session, as our readers know, £(>5.0()() was voted for public works, and £40,000 for the Wliaugarei-Kamo Kailway, but although many months have elapsed, only one contract of .£1*2,000 has yet been let. Firstly, the Government promised that the whole line should bo contracted for during the financial year, but so far Hint promise has not been carried out. Secondly, £65,000 was voted for roads and bridges, because the Government did not see their way clear to commence the North Auckland Railway, but felt that a vote of money ought to he made in common justice. But where is the uso of voting money unless it is expended ? If Mr Oliver cannot come North to decide how best to expend the money, it would be easy to send n man just as capable of fulu'liug that task Else, lei tho money bo divided pro lata amongst tho County Councils, as was done by the Hon. Mr YVhitaker with the last vote given to North Auckland."

An open lodge meeting of the Excelsior Lodge of (iood Templars was held in ihe Franklin Road school-room on Wednesday evening, aud was in every respect a success Mr 1). Goldic occupied the chair, and gave au excellent address on the progress and prospects of tho cause which they had met in celebrate. The choir gave several odes

anil pieces with good effect, Mr Carlaw presiding nt the harmonium. Mr Ueor^c Ilcniiis gave an address, which was aoci'ptcd with gratification by tho numerous umlitory. iSmig.s were sung by Mis WilcrukH, and Misses Gribulc, Bushcll, Light-

oot, 11 ay waul, and Marson

also by Messrs

Carlaw, Marson, Mcllityro, Harvard, Ryan, Tudchopii, and several others. Keeitations

wgic given by Mr Newton, Miss dribble, Mr Lay land, Miss Hay ward, Mr Carlaw, and Mrs Anderson. The whole was most iu'eroiting, and closed with votes oE thanks and the National Anthem.

. Wo would remind our readers of the public entertainment this evening, at the Temperance Hall, Albert-street, commencing punctually at 8 p.m.

In the course of Mr. Tyler's address to the Jury in the c.:so of Driscoll v. the Norwich Union Insurance company, in tho District Court, Thames, yesterday, it was stated the Society had negotiated a policy of no less than £450,000, the largest single risk in the world. The policy, wn are informed, covered one of tho Exhibition Buildings in London, and tho amount paid yearly by the

>ropriotor was over £3,000,

A correspondent writes : "Your remarks about the extense h me&ty of n Parnell

ratepayer in asking tho Assessment Court to raise the value ot his piopeity two pounds beyond what the appointed valuer as done

naturally raises the question, what was the object ? As few like to pay more lates than they arc assessed lor, if it was as may bo surmised to give a qualification for the oflico of Councillor or Mayor, viz., £25, it is very doubtful if such is legal. The valuer's decision ought not to be set aside for any such purpose, without evidence that

the property lias been undervalued. If the principle holds good for two pounds it would bo good for twenty-two."

A very attractive bill of fare will bo presented at the Theatre Koyal to-morrow evening on tho occasion of the complimentary benefit to Mr Barry O'Niel, the popular comedian. " The Babes on the Block " will be presented for the first time in Auckland. Mr O'Niel will give a scries of thore wonderful changes ot character, and make up in which he is facile priucepa, Mr Wallace will sustain the character of "Old Probity"

in Craven's drama of " Old Fidelity," supported by Mr J. B. Stcele and other

members of the Company. One of the features iv the programme, will be an exposure of the " ilyiug bird cage trick" in which Chevalier Thoru, mystified Auckland audiences. Songy and ballads complete a very attractive bill of fare.

At Mr Bucklaud's tale yesterday at Remuera, a numerou.-ly tignud requisition was presented to Mr Ooodfcllow, Chairman of the County Council, requesting him to call a public meeting to protest against the apathy of the Government iii regard to the supposed outbreak of pleuro-pneumonia. The meeting will probably take place about Wednesday next at Otahuhu.

A rumour was current in town to-day that the Government intend to introduce a Bill in Parlhnent next session to amend the present Education Act, so as to provide for the abolition of Provincial District Boards of Education, aud the centralization of disdrict central in Wellington. Ou inquiry we learn that no such change as that indicated is intended.

The cutting in front of Government House is being proceeded with, When completed there will be a perpendicular bank at Government House gate of, about sft.

Mr Oliver is at present engaged settling arrears of departmental work in Wellington, but we understand will come to Auckland as soon as possible to consult with the Premier and Hon, Mr Eolleston en local matters.

A billiard match for £10, will take place nt the Greyhound Hotel, this evening, at 8 o'clock, between two local amateurs.

Tho Waikato Cavalry Volunteers meet to-morrow, to consider an invitation by Major Murray to be present at the review which takes place at the Thames in Easter Week.

Mrs Walti'f Sill, and Miss Hill recently took a I'l'iiolit at Invercargill in " Komeo and Juliet" The press speaks in the highest terms of Miss Hill's performances. The Company play for three weeks in Dunedin, the same period in Christohurch, and then go on to Wellington.

Refcn ma to the appointment of General Davidson to Command the Militia and Volunteers in tlie youth Island, a contemporary says we only now require an admiral to take charge of Hiiiemoa, and then we may laugh to scorn any enemy that would be insane enough to threaten our coasts.

We regret to learn that Mr Bovaird of Tamaki East, has lost almost everything liv possessed by the lire ou the 3rd inst; also the entire proceeds of the harvest—7o bags of wheat. Mr Bovaird is an o'd, respected and industrious settler, who had acquired his property by hard work, lie resided for many years in Wakelield-street, following the occupation of a carter. It seems a pity that Mr Bovaird did not take the usual precautions of insuring his premises.

With reference to a correspondent's letter the other day as follows : —"A little bird 13 whispering that a combination of all the Insurance Companies lias taken place, aud that the rates arc to be, viz : considerable. Can you tell your numerous readers if this is co?" [Wo are authorised to state that the Koyal Insurance Company has not joined the combination, to which the above refers.

Mr Caillun has forwarded for our inspection several of his musical works. The work " L'Harmonio rendue facile" is a trcatese on the chief principles on which the science of music is built. The examples given are further made clour by a short and easily comprehended explanation. His work on instrumental, orchestral, and vocal music is a good one. In it he gives the ranges and an explanation of the uses of each instrument known iv modern days. His observations are very useful to all studying either stiing or wind instrument*. His composition, "Pologue," i? a lieartstiiriug cuoius for male voices, and was evidently conceived during the last revolution, as the words arc " L'euuemi est surla frontier?," and ''Le canon grondc," also the concluding " Couronn, couious extermincr les tyruns, tons la tyran«," shows that it was written while the struggle between France and Prussia was being fou -lit in IS7O.

The Mcl bourne Theatrical correspondent of the "Sydney Mail " (-ays :— "< n Saturday last' Pinafore ' w:is reintroduceil to us under the direction of Mr. and Mis. Williamson, who, for so lontr, delighted Sydney audiences with Sullivan's sparkling musio and Gilbert's playful satire. What fun those two men must have had when working together as they did at words and music, and how Sullivan enjoyed writing for such irresistibly suggestive words he himself lias said Mr. Williamson does not take part in the performance here. Sir Joseph l'orter is sang by Mr. Uiccardi, who has acquired fame in New Zealand. Mrs Williamson is the ' gallant Captain's daughter,' Miss IS. Leaf is buttercup, and Mr. C. Harding appears as Captain Corcoran. Mr Uilliuinson lias brought several members of the Sydney company with him.

The creditors of Kobert Love, vocalist nnd comedian, met yesterday, and Mi Tims. Macffarlane was appointed trustee to the e-iate. The liabilities were £S1 Is Gd, incurred through nnfoitunate speculations iv theatrical life. The assets wire nil. Just before the meeting commence 1, a pirsou, perhaps a ctcdi!>r, put bis bend inside the door, and asked if the Love affair had come off yet, when Mr Love, who was sitting behind the door, exclaimed in the words of .Shakespeare :—

When Love begins to sicken anil decay It mctli un unforced ceremony. 'J hero aro no trieku In plain uml simplo faith.

The following meetings will take place this evening : — United Free Methodists' Elocution Class at 7.30 ; Public temperance entertainment at Temperance Hall, Pioneer Lodge, 7 30, ]). H. McKenzie chairman, songs, readings, and speeches ; Tonic Sol:Fa Association, 7,30, Alexandra, - Btruetschoolroom, chiefly to appoint v local secretory ; annual meeting of Scripture Gift Association, at the Young Men's Konms, Welksley-strcet, at 8 o'clock ; No. :i Company of Volunteers iti Paruell Hall, at 7.30.

Mr P. Pornu'fl troupe of vocalists and performers will give a variety entertainment on Monday eveuin ' next at Helensville.

Nut, the least interesting of tho many matches, to be played on tho cricket ground to-morrow afternoon, will be the match between tho cabinet-makers and upholsterers of Auckland. There is no doubt but this match will be a "clean stuiHng," or a "close shaving," as a well contested game is anticipated. The following art- the respective teams :—Shaving : W. George, (Capt,) Nairn, Brown, A. Grant, Swanson, Powell, Williams, Coleman, Bell, Marebrook, and Lipscombe. Flax : J. George (Capt.,) Harrison, Henderson, Priestly^Mc Master, Mclvor, K.JUrant, Macbattic, lfaliday, Wright and Boles. Play to commence- at 9 i> in. sharp.

Tho "' Waitganui Herald " has published a sensational article of the Batllc of Dorking typo. The feeble imitator in the " Wanganui Herald," has depicted a terrible slaughter ou the slopes of Mount Egmont, the attack by Maoris upon the pakehas residing in the Waimate townships, aud a s'ries of blood-stained victorica in which the sava-

ges are triumphant. Europeans will read with mingled feelings of half-amused contempt and annoyance hi.s ppurtrayal of Maoii braves, under jliroki, lying in ambuscade for the working parties of Constabulary, Iking a sharp volley and then retreating, of the Blicking-up of the (Stratford coach, and the slaughter of every soul aboard, the cutting of the telegraph wires, and the destruction of bridges, (he attack on the town of Strattord, ;■■ ormtuiby and Hawora, the slaughter of men, women, aud children, the order to burn, do-hoy, and ravage the How of red blood which " our warriors diauk like water.'