The Bruce Herald. "Nemo me impune lacessit" TOKOMAIRIRO, FEBRUARY 10, 1869.

Bruce Herald, Volume VI, Issue 250, 10 February 1869, Page 4

The Bruce Herald. "Nemo me impune lacessit" TOKOMAIRIRO, FEBRUARY 10, 1869.

The case of Henry Smythies has bean so often before the public within j^b.e last month or two, and has excited so much attention from all, that we offer no apology to our readers in writing on the subject, though it has not yet been settled. From what we can glean from the judgment pronounced by His Honor Judge Ward, and the remarks made by the Counsel on both sides, the facts are the following; Mr Smythies was convicted of Forgery, at the criminal sessions held in London in the j r ear 1849, and imprisoned for one year for the crime. Mr Smythies emigrated to New Zealand, and after some lime applied for admission to practice in the Courts of the Colony ; he not having been struck off the Roil of Solicitors in England. In his application, he honestly pointed out the crime he had been guilty of, at the same time asserting that he had been wrongly convicted. An affidavit was produced favoring his view of the circumstances, although r>ot strong- enough to exculpate him. The Judges held deliberations on the subject, and after duly considering the matter, granted his application, meantime, affixing conditions that are not required by other Solicitors. Notices had to be posted up in the various Courts and Court Offices, and admission to be made in open Court ; thus granting the Profession ample opportunities to object to his admission. None were offered, and Mr Henry Smythies is duly enrolled as a Barrister and Solicitor of the Supreme Court of New Zealand. He commences practice. An Act is passed by the Parliament forbidding those who have been convicted of perjury or forgery, from practising as Barristers or Solicitors. A learned gentlemen of the Profession files an information. Mr Smythies is committed for trial. When the indictment is read Mr Smythies objects to its legality and His Honor Mr Justice Chapman rules that it cannot be sustained. Another Act is passed and Mr John Jones, an old settler now appears on the scene and he complains to the Resident Magistrate's Court. Mr Smythies is fined £500 and costs. An appeal is made to the Supreme Court. His Honor Judge Ward finds for Mr Jones. Mr Macassey then files an affidavit, and on motion Mr Smythies is suspended from practising, and the question of striking him off the Roll is left open for the Court of Appeal which alone has the power to decide. These, we believe to be the main/facts of the case, and we hardly think we' need comment on them to show that Mr femythies has been badly treated. For what has the law done ? punished Mr Smythies by fining him £500 and costs for doing what the law — the supreme ad' ministrator of the laws, the Judges and the people authorized him to do, namely, follow out his profession. Can we call this justice ? Not to take the higher attribute, mercy ? The English law may have remained in this anomalous state for ninety or one hundred yearsi x but we in New Zealand have, we hope, a" higher sense of what is right than allow such monstrous decisions to remain law. Whether New Zealand has become the locus penitentiae of the world for forgers or not we care not to enquire ; but we say, better that such should be the case than that it should go abroad that the New Zealand colonists in the most solemn manner authorize a person to do a thing and shortly, afterwards punishes him for doing it. The meeting lately held in Dunedin was neither so numerously attended nor so influential as it ought to have been ; still the decision arrived at we believe to be correct, namely, to petition the Parliament to step in and by Act authorize Mr Smythies to pursue his professional career. His professional conduct ought not *in the slightest degree to affect this question. The Court before whom he practices have power and authority enough to see that he acts properly. In this petitioning, the candidates for the General Assembly for the district of Roslyn and the City of Dunedin ought to be asked their opinion and pledges would, we believe, be sought ana given to obtain their hearty co-operation in the

matter. We trust that it will never be said of New Zealand Colonists that because a man is in disgrace and down in the eyes of some of his professional brethren t that injustice will be sanctioned. They and we do not need to go into the abstract question of the morality of the law for forever debarring a man from following his professional career, because he has made onejaux pas. The Judges and the legal profession disposed of that, when they knowingly sanctioned his admission. All we have to answer is the simple question, ought any one to be punished for doing what the law authorized him to do ? There can be only one answer, and that a negative one. We have received v Colonus," but from want of space are compelled to keep till next. "We gladly report that the examination of the Akatore school yesterday was most satisfactory, and the Soiree held afterwards very pleasant and quite successful. "We understand there were nearly two hundred people present. A full report will appear in our next. A meeting of gentlemen in connection •with the Church of England, in Tokomairiro and Clutha, opposed to the reception of Bishop Jenner as the Bishop of the Diocese of l>unedin, was held ou Tuesday last in St. John's Church, Milton. Mr R. R. Jones presided as chairman. Our short space at command prevents us from giving a report of the interesting remarks made by the gentlemen who moved the various resolutions. We must perforce confine ourselves to the the publication of the resolutions, which were all passed unanimously : — lst. — Moved by the Rev. R. L. Stanford, and seconded by llr Hibbard — " That, inasmuch as the General Synod in its last session requested Bishop Jenner, for the srke of the peace of the Church, to withdraw his claim to the Bishopric of Dunedin ; this meeting would, for the same reason, earnestly request the Bight Rev. the Bishop of Christohurch not to authorise him to officiate in the Diocese of Dunedin. " 2nd. —Moved by Maj or Richardson, and seconded by Mr Pettit— '' That this meeting regrets that, although Bishop Jenner agreed to refer his claim to the Bishopric of Dunedin to the decision of the Synod, he should have left England before it was possible that he could receive that decision." 3rd. —Moved by Mr Dewe, and seconded by Mr Black — " That this meeting regrets that the election of laj members to represent this diocese in Synodhas been so long delayed, and respectfully urge upon the Right Rev. the Bishop of Christchurch the desirability of no longer permitting the diocese to remain without constitutional Church government." 4th.— Moved by Mr A Jones, seconded by Mr G. Richardson— - ; That this meeting requests the Vestry of St. John's to act as a committee to carry out the foregoing resolutions.^ Votes of thanks to the chairman and the gentlemen from the Clutha for their attendance, closed the proceedings. An examination of the Waipori school took place last Thursday by a few members of the school committee. Owing to the very unpromising state of the weather the parents of the children did not attend in such numbers as was expected. The children throughout showed great ability, and that care had been taken in their teaching, reflecting great credit on Mr Baker the schoolmaster. There were over 30 children present, showing an increase over last year's roll. The inhabitants of Waipori, especially those residing up the Lammerlaw ranges, have long felt the want of a proper foot bridge over the Lammerlaw creek, near the township, having to cross on a narrow plank, which was ever dangerous during a flood. Weiare happy to say that the progress committee have taken the matter in hands and a new foot bridge is in course of erection, which according to the design (executed by Mr Cairns) will be both useful and ornaznental. Afr accident happened on Thursday, 4th mst., at Waipori, to a man named Andrew Cartney. While working in his claim the facing gave way, and before he could escape the falling earth caught him, causing a fracture of his leg. A doctor was soon in attendance, who recommended his removal to^the hospitalAn examination of the Waihola Gorge school took place on Thursday last, under the conduct of Mr John Hislop, School Inspector, and the Rev. A. B. Todd. Great satisfaction was expressed at the progress shown by the scholars in the rigid examination through which they passed, and Mr John Robertson was, afc the conclusion, congratulated on the result of his labours during the past year. We have to acknowledge the receipt of the first number of a new weekly paper published at Naseby, Mount Ida. The 'Mount Ida Ohoronicle ' promises to be a very useful paper for the district, and the first number, although small, contains a very large amount of local news. We anticipate that it will very .soon be enlarged in size, and we wish it a long and prosperous life. The typography is excellent, and barring a few mistakes, it is highly creditable to proprietors and publishers. : We are glad to notice that the Port Molynenarites are not dead, but dormant. A notioe was read by the chairman of the Public Readings, on the 2nd inst, in the schoolliouse (by the bye, it may be interesting to state that every alternate month a reading takes place at Port Molyneux and South Clutha school-house, the proceeds of which are devoted to the funds for a public library), intimating that a meeting would be held the following evening, in the Alexandra Hotel, at half -past seven, for the purpose of considering the propriety of organising a lodge of Odd-fellows. So far as the elements were concerned, they were anything but propitious, but as an evidence of the pluck and spirit of the people here in any good cause, the large room of the Alexandra was pretty well filled. On the motion of Mr James Paterson, of Pleasance, Mr John H. Inglis was called to the chair. The chairman, in a very lucid and connective manner, explained in so satisfactory a style the advantages arising from the order,* that a motion to the effect that it was expedient to form a lodge at Port Molyneux, was proposed and carried ; another, to the effect that the name of the lodge should be named after the place of meeting — the " Loyal Alexandra " — was also carried. Thereafter the names of nearly forty gentlemen were adhibited to the sheet, and a money deposit made. A committee was formed to apply for a dispensation from the District Lodge. A "Vote of thanks being passed to the chairman for his conduct in the chair, closed one of the most harmonious meetings held in (l^ort Molyneux for some time. ' / There has been a snake found in the Upper rWaikatojj,jpStuckland — the first of this order of reptilia yeFf ound in New Zealand. The interesting specimen has been deposited in the Auckland lfu>OT"\ where it can be seen by the curious.

Mr Wilson Gray will hold an Extended Jurisdiction Court on Wednesday, the 17th instant, at the Court House, Tokomairiro.

All who may sympathize with the position of Mr Henry Smythies, Solicitor, into which he has been brought by the retrospective law specially passed in 1866 to meet his case, are informed that a petition lies at this office for signature, and the editor shall be happy to receive subscriptions to enable Mr Smythies to procure evidence in support of his petition to the House of Assembly, Wellington. A FCLt meeting of the Tokomairiro School Committee was held on Monday evening, when, after the transaction of general business, it was resolved that the harvest holidays should commence after the final examination and distribution of prizes on Friday the 19th inst., and end on the 22nd March. It is to be hoped that as many members of Committee will be present on the 19th as can possibly attend.

A mfeting of the Southbridge Road Board was held on Saturday last the 6th inst., for the purpose of receiving tenders, when that of Mr R. Wilson was accepted, amounting to LlO5. Our readers will be glad to learn that the new South Bridge is progtessing most satisfactorily, and it is expected will be co mpleted in a few weeks

A proclamation in the New Zealand ' Gazette ' of the 29th ult-, announces that on and after the lth inst., the Province of Otago will, under the provisions of the Weights and Measures Act, 1868, be divided into the seven divisions of Hawksbury, Dunedin, Tokomairiro, Tuapeka, Mount Ida, Dunstan, and Wakatipu.

PEEVious]to the Presbyterian Congregational Meeting held in the Church, Milton, on Wednesday last, and of which a condensed report appears elsewhere, the Rev. Mr M 'Donald, from "Victoria, addressed a large audience on the subject of the South Sea Missions, more especially referring to the labors of the Missionaries in the Ifew Hebrides, connected with the Presbyterian Churches in the colonies. He explained the cause of his presence amongst them, and after graphically and humorously relating instances with respect to the mission and position of the missionaries, he entered fully upon the claims of the " Day Spring," a vessel employed in conveying stores to the different mission stations, and in the removal of missionaries from island to island. He was there that night to enlist their sympathies, and to receive their financial support on behalf of a fund to insure the vessel, which was a heavy item of annual expenditure. The Presbyterian Assembly of Victoria had voted £1,500 for this purpose, dSIOOO had been collected by the children in that colony, while in Otago as large a proportion was gathered by the children viz., £250. There was still required a sum of £500 to make up the necessary amountof £3,000, which from the great encouragement he had received since his arrival, he believed he would have no difficulty in raising. He concluded a'most admirable address by employing his most persuasive tones in urging upon those present the duty of taking part in the great work of promoting the spread of Christianity in the South Sea Islands. The most effectual plan of securing subscriptions was adopted by producing a book for subscribers' names, and asking each one disposed to give, to come forward. From whatever causes, the result was most satisfactory, for he very soon announced that the amount of subscriptions was £58, the largest amount subscribed at any one meeting in Otago for the object. To facilitate the holding of the congregational meeting, Mr M 'Donald had to retire before he had exhausted the benevolent inclinations of those present, but intimated that the office-bearers would willingly receive subscribers' names and forward the sums to him. The company listened with great attention and delight to the speech of Rev. Mr M 'Donald.

We are glad to learn that there is at last a probability of our township being enlivened with the strains of martial music. The Bruce Rifles are anxious to have a band at once, and will be glad to receive proposals of membership from those who will take an active interest in the band. From the well-known liberal spirit of our townsmen, we have no doubt that, if requested, they will gladly aid the company with subscriptions towards this laudable object. We would suggest, however, that a fife and drum band be established at first, which would only require a very small outlay of capital, and any vacancy occurring in the band could be easily filled up. We have plenty of talent in this district, which only requires bringing out, and we aoubt not that an efficient leader and instructor can readily be found, who will gladly give his services at the request of the company. We lately heard the Lawrence brass band perform, and were much pleased with the general efficiency of the members. They have made astonishing progress, and can now be favorably compared with any band in the Province. We hope soon to pay the same compliment to the Tokomairiro instrumental band.

We are informed that in the Township of Tapanui there is much required, a J.P. resident in or near the town. In that rising locality there is a Police Station with a cell for the incarceration of refractory disciples of Bacchus, "or any other man," but the nearest J.P. who can dispose of Police cases lives some 12 or 14 miles away. Fancy, some poor inebriate in a helpless state being locked up over night, waking in the morning with an aching head and parched tongue, to wonder where he has got to, and to be saluted with "get up, you've got a dozen miles to walk to hear your case, and be fined ! " The Tapanui people should bestir themselves to secure what they need.

We observe by a late New Zealand • Gazette ' that letters patent have been granted under the " Patents Act, 1868," in favor of "William Archibald Murray, of Waitahuna, in the Province of Otago, stockowner, for an invention for straining wire in wire fences, and also an improved method of fixing the wire.

A tette specimen of the many of the old colonial spendthrifts was seen at an Hotel in this Province a few days since, in the shape of an old Irishman, who gave his name as Pat Murphy. On entering the Bar he held up a small bundle tied up in a handkerchief, saying to the landlord, * ' Here, ould feller, is 17 years' gathrin', I'se got no money, and want a pint o' beer." The landlord kindly granted his request, and commenced questioning him as to the reason that he had not saved any money. " Tou see, Maisfcer, was the reply, * ' when Igo off the hooks, if I have any sugar the k d Q-overnment will take it, and blow me if I see the force of that, and if you hear that Pat Murphy died with a sixpence in his pocket, you may say he died miserable."

We ' Oamaru Times 'have been shown a sample of 15 ounces of bright colored scaly gol d, bought by the Bank of N. Z., obtained about 36 miles from Oamaru, on the Maerewhenua. It is wellknown that men have been working and earning wages there off and on for some time past ; but a supply of water is needed, and as the only sup. ply near, passes, we believe, through purchased [and belonging to a Mr Oliver, it is greatly to be desired that the Government should take some steps to ascertain whether & little assistauce could not be rendered in developing what many think is a payable goldfield. The facta as fa r as stated are, we believe, perfectly authentic, and as for the gold itself we can speak from personal inspection. The locality where the gold was obtained is, we learn about 10 miles from the mouth of the river, and the men who sold the parcel referred to stated that there is room for 200 men in the locality, and that the only difficulty is the want of water, or rather the want of protection in carrying out the necessary works. There would be no difficulty in bringing in a race if protection could be obtained. We, 'Evening Star,' hear, although with what truth we cannot vouch, that a native of the Celestial nation in this city had reason to consider that he was about making a conquest in the direction of a certain lady acquaintance. Indeed, so far had the mattei progressed, that minor questions had been settled. laud the marriage day fixed. The bride-elect, however, was fastidious, and impressed upon John Chinaman the desirability of selecting her own tromseau, and for that purpose received, no later than yesterday, the sum of L2O from her intended husband for this purpose. The feelings of the Chinaman may, in common parlance, be "better imagined than described" when, on making affectionate inquiries to-day after the health of his intended, found that, for its better restoration, she had embarked on board the Rangitoto with a through ticket to Melbourne, leaving no message, and making no restitution to the victim of her charms. About a fortnight since at Waitahuna, a wager was laid with regard to lifting a " monkey," weighing 9 cwt., that has been used for driving the piles of the bridge. The winner, whose name we have been requested to withhold, is open to challenge any man for £1 to lift the same weight either a greater height or a longer distance than himself. In his charge to the Grand Jury at the criminal sittings at Hokitika last week, Judge Richmond, with reference to a conspiracy to accomplish an illegal mercantile fraud, said, it was well that cases of commercial fraud should be brought into a Court of Justice. Commercial frauds were too often condoned, and he regretted that business men looked more to what dividend they were likely to obtain from a bankrupt rather than to the criminality of acts he had committed. The bankruptcy law was looked upon as so much machinery to accomplish an end ; but if merchants and business men would only take the duty upon themselves of exposing and bringing offenders to justice, there would be fewer bad debts contracted. He doubted if the criminal law was adequate to meet all cases of commercialfraud, and he certainly thought the bankruptcy laws should be iLore severe to punish, those who were proved guilty of it. Men could scarcely be expected to take up fraud which involved so much time and expense, and so frequently proved unsatisfactory in the results. The Superintendent has, under the Sheep Ordinance, 1867, proclaimed the Port of Dunedin to be a port for the .importation of, sheep £by sea . — Mr Pierce Power is appointed a Sheep Inspector of the Province, without salary. I The Abstracts of Meteorological Observations for the Colony, during November last, is published in the 'Gazette' of the 27th ult. The lowest mean temperature in the shade, was registered at Hokitika, 53 2, and the highest at Napier, 62 2 ; Southland giving 53 6, and Dunedin 53' 7. Taking the maximum temperature in the sun's rays, Christchurch was highest, 156*4, and Hokitika was lowest, SL Dunedin's highest range was 144, aud that of Auckland, 142-8. while Southland registered 146. Nelson's return is not given. Hokitika had by far the largest rainfall, ir34oin. during 22 days? and Napier had the smallest, 0.640 in. dnring seven days. Nelson had less than lin of rain ? and with these two exceptions, Dunedin was the least wet place of the ten registration stations, the fall here being 1 926 m during 17 days. Southland had 4S3oin. on 16 days, and Wellington, 4-926 on 10 days, the fall at the other stations being between those of Southland and Dunedin. There are no returns from Southland or from Mongonui as to the wind. The greatest average daily force in miles per day, for the month, was' 375 8 miles, at Auckland ; and the maximum velocity on any one day was also at Auckland, 624 miles, on the 25th. Dunedin's average was 168 miles, and its maximum, 490, on the Ist. Napier was second to Auckland ; its returns being, 235 5 miles, average, and 555 miles (on the 25th), maximum. Dr Hector' general remarks are, " On the whole, the weather throughont the Colony has been very unpleasant this ([month, severe storms having occurred at many places, with thunder, rain, and hail. The total rainfall is, however, considerably below the average. " The ' Oamaru Times ' of Friday reports that, commercially, there is no change- Harvesting operations are now in full swing, there being no less than fifteen machines at work on the Totara Station alone. There are there about 1300 or 1400 acres of wheat looking splendidly, and promising an average of 35 bushels an acre. All round the district mentioned, the crops look in capital order, and if the present favorable weather hold, a first-rate harvest maybe expected Dubing the past week this district was visited with severe thunder storms accompanied with heavy falls of rain. Late crops of oats will be largely benefitted by this seasonable supply of moisture, and we may congratulate the groweis of potatoes, turnips, &c, upon the progress these crops will now make. The prevalence of the aphis on the turnip crop was becoming serious and would, if unchecked by a change of weather, have ended in their total failure, but the recent rains will materially impede its destructive operations. We have taken some pains to ascertain whether the Sugar Beet is likely to be successfully grown in this locality, and as the result, we find that generally those who have given it a trial, state it does not promise to be a good crop, while in some instances, w« hear that from its poor apf earance, the ground occupied by it lias been re-sown with turnips.