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Auckland Star, Volume XIX, Issue 72, 26 March 1888, Page 4

The hearing of the malicious prosecution case Levett v. Sloane and Henderson in the Supreme Court on Friday, was some what enlivened by something in the nature of a slight passage of arms between Mr Justice Gillies and Mr Napier, counsel for the plaintiff. His Honor in summing up to the,, jury, read over certain issues upon which he wished their decision. Mr Napier asked that a further issue be .also submitted to the jury viz., "Whether the defendants or either of them had any reasonable grounds for believing that the plaintiff intended to steal the shovel" "His Honor (after a pause) "I don't think that is a matter for the jury. It., is for me to determine whether the dants had any reasonable or probable cause for acting as they did, and therefore whether they had any grounds for their action." Mr Napier: "But;the jury are the judges of the facts from which your Honor may infer whether or not there was reasonable and probable cause." His Honor: " True, but not of the grounds." Mr Napier: "I" presume your Honor is aware that the principle of allowing the judge to determine whether or not there was reasonable or probable cause has beea very strongly, attacked in the House of Lords l'eeently; I haye. the case nov before me, and all. the lawvlqrda held that the jury should decide whej&er the defendants had any grounds for the belief upon which they acted." His Honor: "Mr.Napier, I am not going to^be guided by the House" o£ Lords; .1 am going to follow,, what I know to be the practice. There is very often a great, deal of nonsense talked in,-the House of Lords." Mr Napier: "Oh i of course if that is your Honor's opinion Fhave no more to say." The issues w t er.e r then left, to the jury. K-OlfJ/ilvMa it Dr. J. L. Campbell returned from his brief holiday in Australia yesterday by the Zealandia. Professor Carrollo returned to Auckland to-day by the s.s. Te Anau. . ~,,. , ~,, A large.number of. local "sports" returned to Auckland* to-day byHhes.s. Te Anau after having .been assisting at the Southern race mcc tings. Among them were Messrs D. Twohill, Kelly;"'Clifford', and Brimblecombe. ":'.; t ,..-.,' ; ' His Honor Mr Justice Gillies will deliver, his written judgment in the divorce case; Kelly v. Kelly, at the next sessions of the Supreme Court. ; ...: : . . Am6ng the passengers by the Zealandia from Sydney who are passing through en route for San Francisco are Miss Nina Boucicault, daughter of the well-known author-aobor Dion Boucicault, also Dr. B. Schwarzbaoh, the famous eye doctor, fl oA-i

Sir J. B. Morpeth died afe his residence in Pon#?nby from typhoid fever at halfpast two o'clock yesterday afternoon. His life was despaired of about a week .ago, but his condition changed for the better/and strong hopes of his reoorery were,entertained.. Jie, however, suffered a relapse yesterday, with the sad result recorded. The illness was first felt by Mr Morpeth at, the opening of the Calliope Dock, which,he attended as captain of the Ponsonby Naval Volunteers. He left home without1 breakfast, and during the day declined ;to accept refreshment whea no,' .provision had been made for the ente, rtainnient fof his men. He, however, took ; an iced drink while thirsty, and symptoms of illness made themselves apparent soon afterwards. Mr Mbrpeth; however^ did not absent himself from his business Until the disease had obtained a firm hold upon him. Deceased came from Prince Edward Island in 1859 with his father, and subsequently served with the Auckland Volunteers in the Waikato Campaign, for which service he was the recipient of a medal. On the formation of the Ponsonby Navals, he was elected captain, and held bh'at position till the time of his death. Deceased was a wellknown sharebroker, and'was held in high esteem in business and social circles. He leaves a widow, who is a daughter of Captain Lambert, and one so ■ f'

Hospital yegdlfej.S'lW STL™. *4*Bt& ■ge,. and Si*;*,*. and Parnell, from k? m6nd' Saift Sleeper IslanT^f vS«§ portions pfshiprSgfe'''SQ 1 The prize-firing f or the I*. panics' medal anlllr. WaS*1!^ Auckland ;NavalArill er 7??R^ Saturday afterno^r^^ Range, Lieut; .Moora^^fiJ firing,, and'resillfea'as'fQll^o! I Bugler LeGriffon.W I&.IT :^C P.O. Smith, 54, Ist SeS'^ ¥ morning there was aJlarire ntiJit M"t leading thegraceful^Stft dren's matinee inthV af®|| fully a thousand-present,Wfw& on skates, tee .large *$*% fo dren. In the eveningab'o^ihffj* sent, most of .them' skating bo tf? gether there must havFbSl^lf^ the rink throughout the -day S •" this morning attended tJ^ evening, when a Mtidicap-ract&n the contents being MessrsWßiiiJ gomery, Hartwell 'andPollbftk. r$ 7* TLe-Autumn Show of^theßoralHflll tural Society cloaed^4o;o'cl4 «SS day night, after. i: a (; thor()nghly .J2 season. In accordance^M eoS children of the tions of . the cdty were invited t visit the- shovir^.aa,jqpgt)rtntiitY -.m! was at orice-"taken',advantage oi % was- rather a ' dfeappointtiieat I bahd of the Rynda^as iinable%)lij,! .the Drill-shed' on .Satufrday. I,;fhS went to listen tq this fine bandfffili^go greater sorrow, wlien they learn that Hi™ in consequenceof lome oftWrnefefef|& seized with typhoid fever. On S»2 afternoon Lieutenant Coldstreau J another officer came-.a§hoj;e 80^41^ the Committee" thai the band conti come, at the' same ;tiine ffe^laiiuijg {» reason. Impey's, JBandßwisjisficflM'jjl proceedings were thus enlivened.

Mr Kerry,- the New-<kinea-«xplorsr,!i \ turned to Auckland jye^ietdaji|iby tit KM.s. Zealandia. ■ Since -life ieffc'iierebs has not visited New Guinea, b?t|a«l)Hiii with him ■ a splendid collection of tbW of that island, which he;imsde on mm visits. He returns titf SyiJney by & Alameda on Friday^' William Stubbing Wllkiftsda;sbttild^ot Point Chevalier, • this" day filed a jStiiittj be adjudged a bankrupt , On Saturday afternoon-fterwras^lii display of bunting at the •'residence of M? A» R. Watson, North Head. : Wien tta Admiral was passing in tljefflafflpj^ Watson repeatedly dipped:4e enomoa the flagstaff as a farewellto-iM\&V to; •the, Nelson returning the corajfiaffitito the great delight of the ;youngstar, rwbp ayj that this is the third mtrio'war,vj&vtiii he has exchanged salutes. The monthly meeting of St, fianl'sfi of-Hope waa held in the schookoaoiw Thursday, evening/ .©ereiiWMMN* tendance, .the room being^e^fillffilfr John Lara t>' occupied the cbair.; .Then* ing was opened by singing fed prayer; !l« Chairman gave a vigorous address,» menting strongly on thenocessityforiiiiM and. more - thorough, BystemrOT'^elin|" behalf of temperance. Tneioilbw^ gramme was then gone" Jjirongh :-?»?* tion, "Do Your" Best," Miss Marsha) chorus, c' Happy^vlllage Home," by W Glynde, was mostl dflebtivelyiiwwltfedf the choir (consisting 0f.26 voices).BW«* able cpnductorship o{ "Mr John Bdi,*1 Youn^ presiding' at' ito 'pnb. \'W proved a musical treat -iW-msW: applauded. Song, " MinstreLßoy, m Annie . Moxon., - r An T ■a^.?lS|lif Wilcock was given with his and was much appreciated. Song, JW j man and His Child,". Mr,4»in,f ' recitation, selected,' % "Clapperton, W well received; -sonfe aiid » Sonff," Mr v^ohn-Bell^iwas'tfefiaw^ happy and : expressivei;,^awerj ; yw Tansley, Johnßtone, d fcf Gregor assisting in the'c|iorM}.jMf»ft "The Lamb," Misses^Maggie<^S: BellaMcNab ;^GoodNigh^Wjgji was well performedi,^ vqicef m&m pleasing harmbnvr; ; .a ,hM?[?2^WS entitled «'Barthol6me«aby«| MrrThomas Bell, provokeda<nd :was. thorough y^; enp y ed'« audience; song^U^hingCap^^ McGregor i; Mr 6A, compamment i°,>™|#«f» tion,''The H6ble'Boy,-tos IgJ dell, was weU rendered. -™^Jg« officers fpr.the ensuiug y^?ffl.M cSded with, vizi^Prbsident, M s b; rm«^g t ]oyablemeeting,toaclose, .. , ' "The question of^labgg« prograin^e^instrup^g^^Mi in tliscplonymfß.4^3H of :the local bninch of the WB£qss' stitute onSaturday^^Ke^^^; It was also.agreed, ,J of this meeting, any # tion of pupil teachers following principles ;-^ i%^fi(p?i an entrance examination, woYk be distributed overate^ syllabus for Standard-VL - g.^d^j by Mr Gronin to.^^^fttf k^J per cent;marks, was wiwiu _; ; discussion. -:■ : • jdfit? The Premiers Victoria the Imperial authontes^y clamation issued- by Her waj in ff the circulation,of-aswPj.jjgr^ commemoration of dg^ as follows ;-r-Fw the J^^ferf'f J Queen's B&'VS* toria Gratia;Bntt. Be|n a ,^^ the reverse the word .^gWe^J. surmounted by, the Roy , "" of the year, be^g below. *»*-, ; , _

Davies is to taketemporary *ff »'«>«*■ Sir promised tbeit I&*.J%rddJwm» "ill take sisals F^ n *• ie £394; Chalmers (accepted),

0 i«, lias forwarded a number a Graham has io fa^i^W* Cowdray Park, Sf S ex Mr Graham's wish is jlidhnrst, Jjusw. p i an ted in AucktbeSe TaHeevear and at some future idRiSuted"o as to ornament the lima waX

* i^miral Fairfax, writing to Mr jjjr-Adinira^ giveu me much cymafora, f a) s • ingenious inven- ? r6Sfo/liht. g I only hope * th!succeed n'torfng sufficient elec,Dt way sucf, !" v ; n dmill as will ensure the Ufrf a Jayskept alight, and also an" in I calm." Judging » >°OTt f h f ß been achieved in the ffh f storing electricity, there W& 1 room 0 for doubting that t&u "w-nnaford claims for his beacon #?£$ Indeed, * windmill lightbein actual operation in ijiiseisf; 0, electric power in the fIiSS that about two years if In he was engaged upon his invenX Sris visited -by a distinguished lookftSan.who questioned him closely ! F t bis beacon, and took copious *" Serially' with regard to the » 5Si proposals. The sequel *%* ■ ifihfnks he has since discovered PSS rmthe " European Mail " I*fSember last, which states :- «1K" iments'have been made at ffi?Hßve near the- nouth of the Seine, Cap { p^«ctL electricity for light--8 nrrvwes by means of the force obWffiniUs. The suggestion was Sf^i^Fdtre.etceta" The SSentor is of opinion that "the noble jjriidsucked his brains tosomepur-

Thecaseof Hawkey. Hunt will be heard Swat the sitting of the District £fc Jtirprs who are summoned are Ktified to be in attendance. The case of Dr! Cobbett v. C. A. Harris, M was fixed to be continued to-day at kRM Court, was further adjourned 2 afternoon until Wednesday morning «t at 11 o'clock. This was necessary in useqaenee of His Honor being engaged Jjtlitiie'sitting of the District Court. EpecißJens of the " Art Album of New dand Flora" are at present on exhibition dk Horticultural Show, in the Drill-shed. iis is an illustrated book of New Zealand v anc l is well worthy of inspection. le plates sure beautifully executed, uUraeto nature. The frontispiece is a ifadid group of native flowers, then jfor handsomely coloured plates of irion! specimen plants. No efforts have raspared to make the letter-press coneatE of the book as comprehensive and as tadine^ possible. The artistic pormof the .work, reproduced with _ the miest skill, presents plants obtained ia all parts of New Zealand, not even 'eMozrarieties of the Alpine Flora, and pally the system of procedure estabWby the authors is such as Lo commend W»H interested in the subject. The taint classification and characters of Wiweringl plants, collated from the •feSkof-Xew Zealand Flora," will be JtWmits pages. A general descrip■'fejf.fifch; plant portrayed will likewise to girevreviewing its economy, habits, Mictauteristics, which is calculated to be of ioteresb and utility to all readers. ffijbook has been brought, out by Mr and foFeatou.' , •

Iteiisualmonthly meeting of the Band ifflope in connection with, the Helping ki Mission .was held in the Mission ft Drake-street, last Friday evening, ■tangoed programme, consisting of reci&m, songs, etc., was rendered. St. ftn'sdrum and fife band, under deputy - bdmister Letcber, kindly rendered its wees, and a most enjoyable evening was i* \v o • :■■ :

Dr. Bakewell announces that he will give liteelecture on Thursday evening next at Waters' Hall, Karangahape Road, on « subject of'" The Eruptive Fevers, poid,"Scarlatina, Measles and Small p4o\r to -prevent and how to treat ttuJU ~• ' ■

ue annual soiree in connection with St. m Presbyterian Church, Remuera, «8 place to-morrow evening in the lmfHobßon Hall, and promises every •**& Ani excellent programme has been *upifor the after meeting in the ™!«> including' Beveral addresses by ™»iis gentlemen. ,-.

has decided to con■•(ttft;tent.work by the end of this< !*. me interest, m manifested last glMjj good,, but owing to the.cold ™»p, it-is thought wise not to continue longer. Mr Baniells hasthe outer districts of the in turn be attended to, l 3 Wieofethat have been tabled will !E t Upoa ">due time- The s«bJecfc tuu^- ■• to:night, given by special m< »onc of the deepest moment; %£ ? dngst> candeny thefact thatwe Hranor through.tfjir-g and difficult S'.nrtTuT^ 8 of Ps-mMb be profein.l ™hthe increasing pressure of ffiS Dd U|* the «reafc arises, JTSff -6buy Our draPery and clothSwfe""™*■ Gray, the KBsiif caßh draper opposite iwK*? 11!^"^* 0 sell offa IS WP* for 10s -6d in 'irtWdfU nw selling this immense usual price. Mn?>S de?^^hodißt Literary and «v i ,itß fortnigQtly meet- - offh Sub 3, ecfc ' <<r)o the vast T'«tA te r\ d tend to peace or Vvl a n rJ r™lrod oPened in the J** to th^ SS question being subSl?^"^ decided that ffiente tend to war rather the cantata<" Under yS1®?"^ fe mes'« Hall. The L^ us in ,? dl?Ondeß' haa been have a bumper house 4jVea by the C°l n- f good address 'CeTeaiDethft *L> Thomas, and C Wo«Js; % fl t f Ke congregation 4,^byWrJt-uWt tho« done?" throughout the SS^lS^6o^ "Shearman K^%oiL 0 refcire from the