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The Court of Appeal this morning resumed the hearing of the case in which an interpretation is sought of that portion of the will of the late E. W. Knowles, of Napier, under which he gave his executors power to devote the residue of his estate to charitable, benevolent, religious, and educational institutions, as they thought fit. The question before the Court was 'whether the " devise was valid, and, if not, who are the persons entitled to the bequest. The Bench was occupied by his Honour the Chief Justice (Sir Robert Stout), Mr. Justice Denniston, Mr. Justicp Edwards, Mr. Justice Cooper, and Mr. Justice Chapman. Mr. J. W. Salimond (Solici-tor-General) appeared for the Crown; Mr. C. P. Skerrett, K.C., with him Mr. A. S. Atkinson, for the trustees; and Sir Francis Bell, K.C., with him Mr. P. S. M'Lean, for the beneficiaries under the will. Argument is proceeding. A record haul of thirteen tons of fish, consisting of snapper, terakihi, barracouta, trevalli, gurnet and frost fish, was landed in Auckland on Sunday from the trawler Countess, formerly a Wellington ferry boat. The operations of the Countess during the past few weeks have been so remarkably successful that the firm of Sanford, Ltd., has purchased another 6team trawler at Napier. "I think the marching of the 5000 New Zealand soldiers through the streets of Wellington on Saturday was splendid," remarked Dr. A. W. Averill, Anglican Bishop of Auckland, on his return 'from Wellington. "It was a revelation to th© people to think that, in view of the numbers that had already been sent to the front, there was such a fine body of men ready to go. The men looked very fit and well." Dr. Averill said he visited the Trentham Camp on Eriday, and was pleased to notice that further improvements had been carried out there. A six-inch length of Turkish barbed wire from Sedd-ul-Bahr has been taken to Auckland by Chaplain-Captain Clarkson, who was invalided home by the Tahiti. Naturally, it is rather different from the wire the farmers buy. The core is a single strand of £-inch squared steel wire, twisted. Round this other wire is wrapped at interval* of an inch, each little coil furnishing four very serviceable spikes about f-inch. long. The core appears to be of very toughj steel, and certainly could not be cut except with powerful nippers. Major Bernard Head (killed &t the Dardanelles on 12th August) was well known in New Zealand as a climber and explorer in the Southern Alps. He made the first ascent of Mount Aspiring, and explored the Valley of the Dart. At the outbreak of the war, being in the Do minion, he was attached to the sth (Wei lington) Regiment, and went to Samoa with the Expeditionary Force' in August, 1914. He returned to New Zealand early in 1915, as he was very desirous of rejoining his old regiment, the Royal Welsh Fusiliers. He reached the Old Country in April, and appeared to have been posted immediately and sent on active service to the Dardanelles. Major Head formerly held a commission in tlie 2nd Volunteer Battalion, Shropshire Light Infantry. He served with distinction in South Africa, and received mention in despatches, and got the Queen's Medal with three clasps. He was appointed honorary captain in the Army in 1901. He afterwards lived at Ellesmere, Shropshire, and was a keen supporter of Lord Haldane's Territorial scheme. He was promoted to the rank of major, and was second in command of the sth Battalion of the Royal Welsh Fusiliers. Major Head was the youngest son of the late Mr. Henry Head, of 27, Cornhill, London. An unusual claim was finally dealt with in the Magistrate's Court in Auckland on Monday last. The steamer Britannia, belonging to the Takapuna Tram and Ferry Co., grounded in the harbour, and her passengers were transferred to the Pupuke, also owned by the company. A dinghy was used to carry the people from one boat to the , other, and while making one of the trips it filled and sank. Mr. Chas. Allen, a passenger, was thrown into the water. He could not swim, but was pulled on board one of the ferry boats. He sued the company for damage to his clothing and the loss of books, etc., in the special damages, ' and under the heading of ganeral damages claimed £3 for shock and illness caused by the immersion. Mr. Cutten, S.M., in giving judgment, said that the evidence showed that the sinking of the dinghy was due to the plug in the bottom of the boat having been left so exposed that it had inadvertently knocked out when the passengers were entering the dinghy. It was, he considered, negligence on the part of the servants employed by the defendant company to enable the company to carry out its contract with the passengers that- the plug should have been left exposed as it was. He also considered that the law supported the allowance of general damages in such cases for illness or injury which could not be particularised and given a definite money value. The claim of £3 in this case was reasonable, and judgment would be for the plaintiff for the full amount of the claim (£7 10s) and costs. "Gifts for all" is the ideal of the Southland Patriotic Society In a circular letter addressed to patriotic societies it is pointed out that — "Several patriotic committees have made generous provision for despatch of gifts for soldiers from their respective districts, bat it is quite certain that these gifts will not reach all the soldiers for whom they are intended, and that a considerable number of them will have to go without. . . . There can. be no question that the swiftest, cheapest, and most effective plan of sending gifts of any sort to our soldiers is to have 'these sent" to all New Zealand soldiers at the front or in hospital, irrespective of what district they •come from or what unit they belong to. This could be achieved by all Patriotic Committees combining and co-ordinating their efforts and sending all gifts to the Defence authorities for issue to all ranks indiscriminately ; and it is the only way to ensure that every man will get the same as his mate, and no one will be left out in the cold. This is as it should be, and all will agree at once that all our lads should be treated on exactly the same footing, whether they happen to come from a poor district or a rich one, and whether their friends send them personal gifts or net." The Southland Committee s>ugfests that a fund should be subscribed y patriotic societies to provide a supplementary supply of gifte to be sent from London to the* Dardanelles, Egypt, and Malta, to New Zealand soldiers who may not have received gifts under arrangements already made by Patriotic Committees, so that no New Zealand soldier shall be forgotten. The Southland Committee agrees to vote £400 for this supplementary fund." Palmerston North has already voted £100 to this fund, "Lytfcelton is no good as a port. It is a snare and a delusion. We will never be any good until we have a trunk line to Port Underwood and a State ferry seivice " — Dr. Thacker's opinion as put before the House. There's a mail for Gallipoli on Thursday, via Australia. What a splendid chance to send a "Kayaness" leather waistcoat to that Gallipoli soldier, 10s 6d .each at Kirkcaldie and Stains, Ltd. He'll particularly appreciate a "Kayaness" waistcoat. There are reasons. — Advt. Fine cloth, light-weight pyjamas for summer wear, 10s 6d and 12s Gd ; Tusftore ftilk, 28a 6d. J^eo, Fowld*, Ltd., 1 Maaaw-Btoeet.— Advt.

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https://paperspast.natlib.govt.nz/newspapers/EP19151013.2.41.6

Bibliographic details

Evening Post, Volume XC, Issue 89, 13 October 1915, Page 6

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1,285

Page 6 Advertisements Column 6 Evening Post, Volume XC, Issue 89, 13 October 1915, Page 6

Page 6 Advertisements Column 6 Evening Post, Volume XC, Issue 89, 13 October 1915, Page 6