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Daily Telegraph (Napier), Issue 4298, 7 May 1885, Page 2

The following, which we take from tho New Zealand Times, will be read with interest:—Tho case for tho prosecution at the hearing of the charges against the seamen of the Coptic for refusing to p-ocee I

.irsetr-p-escntcd these features'. (I)—that defendants were under the articles for a voyage " from London to Auckland, New Zealand, calling at any ports or places on

the outward passage; thence if required to any ports or places in the Cape, Australian and New Zealand Colonies, Indian, Pacific, Atlantic Oceans, Red, China, and Mediterranean Seas, and the Continent of Europe, to and fro, for any period not exceeding two years, and back to a final port of discharge in the United Kingdom;" (2)

that tho vessel had cleared for Guam ; (3) That Guam was an Island within the limits named in tho articles ; (-1) that tho vessel, besides being cleared for Guam, was under orders for another locality, which, in the interest of the State, ought not to bo disclosed, but which was sworn to be also within the limits named in tho articles. For the defence it was urged: (i) That the words of tho articles must bo interpreted to bind tho crow no further

than to serve in voyages, to and fro, between Great Britain and the Australasian Colonies by the regular routes of commerce ; (2) That the articles gave the owner no general power to dcs-

patch the vessel indefinitely to ports in the Indian, Pacific, and Atlantic Oceans, and

the Red, China, and Mediterranean Seas ; (3) that the crew could legally claim to be told what was intended to be the next port of call after Wellington ; (4) that the clearance to Guam was fictitious, and was in fact, a mere form of words which was well understood to mean that the vessel was not

going to Guam: (5) that there was no certainty where Guam was, and that there wero several places of that name ; (G) that

the prosecution relied on the evidence of a witness, who, though ho swore that ho

knew tho real destination of tho vessel, declined to state tho locality, but swore that it was within the limits named in the articles, whereas the locality should have been stated in order that the Bench might decide whether or not the going there would bo an

infringment of the articles. Other points were raised, but those we have set out were the principal ones. The Bench held that

:io clearance was not shown to bo fictitious;

that tho evidence proved that Guam was within the limits named in the articles;

that tho latter gave much wider scope to the captain and owners than was admitted by counsel for the defence ; and that on the whole of the facts tho defendants wero not justified in refusing- to proceed iv the vessel. It was stated on behalf of tho prosecution that there was no Avish to punish

tho men if thoy expressed themselves ready to return to their work without further

trouble. All but two declined to do so, and each of the others was sentenced to ten weeks' imprisonment with hard labor and the loss of two days' wages.

The contractor for ploughing tho Napier Park Company's race-course has commenced work, but as it is feared the season is too jate for autumn sowing, it is just possible the course will not be fit to run on by Christmas.

Tho usual weekly meeting oflhoClivo Square Mutual Improvement Association will be hold this evening. Essays on three great writers will bo read by members.

In reference to young Karaitiana's claim as preferred by Mr Shcehan in his application for a re-hearing in the Mangaohane block, it may bo explained that Mr Sheehan can only claim to represent the youth as trustee in blocks which were through the Court at the time of Karaitiana's death. Lands not yot investigated by the Court are not affected by the will of the deceased.

The case of G. Westoby v. Slater was begun at the R.M. Court this morning. MiLeo appeared for the plaintiff and Mr Lascelles for the defence. The claim was for £29 Is 3d for work done. The defence was that the work was so badly done that it was of no value whatever and some of the work had to be taken down and replaced. A eertain'amount of liability was admitted but in assessing that skilled witnesses: had to be called in. They were prepared to pay £15 and £2 costs. Tho plaintiff denied that the work was not satisfactory.

Tho :" blow " made 'by the New Zealand defence office th.a.fc th 31 '? ?' ere ' , one miuion rounds of ammunition in B'f.o/rp puvna out to bo all moonshine. It is stated that vii" e-Sr-der was sent home last November for Rifles and ammunition, but the Agent-General has been unable to get the munitions of war supplied. The Governor is reported to have expressed himself rather warmly on tho matter, aud cabled to the Imperial Government to assist in supplying our necessities.

Tho Wellington Post says that tho Dunedin Chamberof Commerce has evidently bad a friend at Court in some of tho Post-master-Generals of the Continuous Ministry, for it enjoys postal privileges which are not extended to any other Chamber of Commence in the colony. Newspapers addressed to it are transmitted free of postage, while those for other Chambers have to, bear the uoiiql half-penny stamp.

Dr. 'Fussell has taken up his abode at Woodville.' A'"resident" doctor will boa great convenience to the residents of tlnifc thriving locality.

The first of the two farewell and never-to-be-forgotten Remenyi concerts was given last night in the Theatre Royal, the audience being a good one, aud as characteristic of the delight felt in the distinguished violinist's playing, cheek by jowl sat the cultured musician and the equally entranced listener who was blissfully ignorant of scales and all pertaining to them. Remenyi's first selection was Ernst's Fantasia on II Pirata (Bellini). There is an ever changing form and endless variety in the harmonies, to hear the simple opening and then listen to the wonderful changes upon it is a delight, but all difficulties vanish into air at the master's touch, and although a long piece no fatigue was shown, and to an enthusiastic recall he came forward and played a barcarole by Schubert. Tho "Dead March in Saul," a massive composition, had all the martial tone with which wo are apt to associate it, indeed when one closed one's eyes and only listened it seemed as if a military band were engaged playing over the remains of a beloved comrade. Tho solemnity of the first part was in marked contrast to tho joyousness of tho finale. As an encore ho played a nocturne in E flat by Chopin. .Remcnyi's third number was his quaint improvisation of the Carnival of Venice, which though we havo heard before, yet tho humorous and eece;:' - """ variations of last nisrht sravo it quite ai_ ~ interest, and it was loudly applauded, to which the player responded by playing that grand, electrical, soul-stirring tune, The Liberty liymn. Miss Downing Sang the aria from Meyerbeer's Roberto ii Diavolo " Roberto, o tv die adoro," gracefully and with faultless execution. On being recalled sho contented herself with bowing her acknowledgements. Her second .selection was Tosti's Good Bye, sang with great sympathy and pathos, and as tho audience were not to be denied this time, she gave tho favorite Scotch .song, Cumin' thro' the Rye as an encore. Mr Himnier had for his selections Come into the Garden, Maud, and Schubert's Wandern and Ha.rdenreslein, which were greatly enjoyed. Mr Lucksione, who was as capable an nccompanyist as before, chose for his numbers Boobeiini's Minuetto and Guttschalk's Pasquinade, made familiar in Napier by Madame Summerhayos, and Chopin's Polonaise in A flat. The grand concert was brought to a closo by Miss Downing and Mr ilimmer singing the duet Maying. To-night the farewell concert will bo given, for which an excellent programme has been submitted, diversified enough to suit all tastes.

We would direct the attention of the Road Overseer to the state of the hedges growing over the pathway up tho steps from Mr Cornford's gate to Mr Miller's residence. The hedge consists of African thorn, and on a dark night pedestrians aro made acquainted with its nature in a by no means pleasant way.

An Oamaru paper, referring to tho Militia enrolment, mentions a report which has struck with horror the local mashers, namely, that the Militia uniform unmentionables are to bo of a striking yellow colour.

At tho R.M. Court this morning before G. A. Prcc ,:o Esq., R.M., Charles Vane was charged with the larceny of eleven pounds tho property of one William Hayes. At the request of the police ho was remanded till Monday.

The launch for the Waihora on Sunday will leave the wharf at nine o'clock and not at ten as previously notified.

This evening in connection with the farewell Remenyi concert there will be a special train from Hastings returning at the close of the concert.

A novelty in a building agreement was read in Court to-day. It was as follows; — I agree with the alterations and aditions to tho back of Mr King's shop to make and fix the same to Mr Slater's instructions for the sum of £85 4s 6d. There were neithor plans nor specifications.

The first of the two nightly march rounds of the Salvation Army took place last night, and as usual tho centre of attraction was the big drummer, who on his first appearance was greeted with a perfect chorus of catcalls from the larrikins. Tho appearance of the drum was as already indicated the signal for a general demonstration, which subsided only when the drumstick was brought to tho shoulder. On tho first stroke thero was a deafening- roar from the audience, as the clear tones of thoinstrument rang through the streets. The perfect manner in which tho fantasia on Vernon Howard's Pirate was performed left scarcely any (if anj') space on the drum which had not suffered. The beats of tho introducer—the howls and groans, with every other mark of expression, were vociferously drowned, while the marvellous movements comprising a full chord—not the ordinary third, fifths, and sixths, but a long continued air-beating full chord modulating into all the keys of which tho larrikin is capable. It is needless to say that at the conclusion of this performance, brought to an abrupt termination, the audience were exceedingly demonstrative, recalling- tho performer and shouting anchor, and the performer good naturcdiy responded with barricading the door with some-one's shoo with a foot in it. This was decidedly clever, and we may say unique—only it is often done. Tho general effect on the crowd was bad, but then we want educating to the style of adaptation. Wo cannot quite reconcile ourselves to a solo performance after the big drum, though to sum up, it is one which can be heard any night in the streets.

John Smith—plain John Smith—is not very high sounding ; it docs not suggest aristocracy ; it is not the name of any hero in die-away novels ; and yet is good, strong, and honest. Transferred to other languages, it seems to climb the ladder of respectability. Thus—in Latin it "is Johannes Smithus; the Italian smooths it off into Giovanni Smithi; the Spaniards render it Juan Smithus ; the Dutchman adopts it as Hans Schmidt; the French flatten it out into Joan Smeots ; and tho Russian sneezes and barks Jonloff Smitowski. When John Smith gets into the tea trade at Canton he becomes Jahon Shimmit; if he clambers about Mount Hecla the Icelanders say he is Jaime Smithson : if ho trades among the Tuscaroras he becomes Tom Qua Smittia ; in Poland ho is known as Ivan Schmittiweiski; should he wander among tho Welsh mountains thoy talk of Jihon Schmidt!; when lie goes to Mexico he is booked as Johth F'Smitri ; if of classic turn, he lingers among Greek ruins, he turns to 'lon Smikton ; and in Turkey he is utterly disguised as Yoe Seef.

A mother took her little three-year old son to an afternoon concert, and when the first encore was given he was frightened, and asked his mother why thoy did so. She said, playfully, " Perhaps they arc glad,, ie is done,singing," and thought no more about it. Ho seemed to be satisfied, and sat tho rest of the time reasonably well. The next morning, after his father had asked the blessing, the little boy clapped his hands in a very vigorous manner, and when asked why he did so, said, "I'm glad he's done I want some fis'."

Buchu-Paiba."—Quick complete cure for all annoying' Kidney, Bladder, and Urinary Diseases. At Druggists. Felton, Grimwade & Co., Agents, Wellington.

Don't use stimulants, but nature's brain and nerve food—Hop Bitters. Beware of all except made by American Co. See.

Every notable event notices itself in tho calendar of time. So in the medical world Wolfe's Sciikapps signalised an epoch, and will live as long as humanity is capable of appreciating its miraculously curative powers. . ■ .