Hawke's Bay Herald. TUESDAY, FEBRUARY 11, 1879.

Hawke's Bay Herald, Volume XXI, Issue 5304, 11 February 1879, Page 2

Hawke's Bay Herald. TUESDAY, FEBRUARY 11, 1879.

The question as to the discretion which Justices of the Peace may exercise in respect to bail in criminal cases, assumed a somewhat curious phase lately in connection with the case of a man named Bassingthwaite, at Rangiora, in Canterbury. It will be remembered that Bassingthwaite having become bankrupt, and being suspected of intending to defraud his creditors, a search was made in his house by a detective, with the result that a large sum of money was found conaealed iv Mrs Bassingthwaite' s clothing. BaSßingthwaite having been subsequentlycommittedfortrialonthechargeof attempting to defraud his creditors, bail was tendered, and was objected to by the prosecution on the ground that the sureties were indemnified from loss in the event of Bassingthwaite failing to surrender to take his trial. The sureties, it appears, admitted that they were indemnified, and the Justices refused the bail, holding that they had a discretionary power in the matter, and that they wore not satisfied that the bail offered would ensure the appearance of the accused on the day appointed for his trial But later on the same day the question was reopened, and then Bassingthwaifce'scounsel produced Judge Johnston's "Justice of the Peace," in which it is laid down that the fact of thejsureties "being indemnified by the accused, — even if it should make the Justice doubt whether the accused would ever come up for trial, — ia not a sufficient reason to justify him in refusing what would otherwise be reasonable sureties." The Rangiora justices thereupon accepted the bail; and, indeed, we

cannot sco how they could have done otherwise in the face of so high an authority. Judge Johnston's book is published expressly tor the guidance of magistrates, and thoy would bo scarcely justified in giving effect to their own views in defiance of the Judge's positive statement of the law. Nevertheless, we feel bound to say that if the law really is as stated by Mr Justice Johnston, then it very much needs altering by statute. As it now stands a man who has stolen a large sum of money, or who has defrauded his creditors largely, can use that very money to procure his escape from the hands of justice, simply by depositing with his sureties, or with some person on their behalf, as much money as they would forfeit on his non-surrender, and then make his escape out of the colony. What might happen in this way is pointedly put by the Lyttelton Times in the following illustration : — " A man files his schedule. A j large sum of money is found on his premises secreted. I£e has also secreted sotno money which is not found. He is arrested, brought before a Magistrate, and committed for trial. Bail is granted on certain conditions, that is to say, his own recognizances for a certain sum, and those of two sureties each for half that. He uses the undiscovered money to cover the whole of the bonds, his own and the sureties'. His bail is accepted, and he flies tho scene. He lives pious and revered in a foreign land, thanks to tho money which remained to him after the termination of his simple enterprise. That this can be is an anomaly, and it is the law. The sooner such an anomaly is removed, the better."

Considering the very many questions of title outstanding in our district, the case against the brothers Wholan for "forcible on try" may bo usefully brought under the notice of the public more particularly than a glance at our police report might afford. In the first place, we should explain that " forcible entry " is the taking possession of land or of a house with demonstration of force, as with weapons or with followers, or by active force, as of kicking out the occupant, or breaking open the door, even in the occupant's absence ; and the act is not one bit the less an offence because the offender is prepared and able to prove that he alone was the rightful owner proceeding against an usurper. Yesterday morning the accused parties had the misfortune to find that tho title on which they had acted was only imaginary, but the case none the loss clearly demonstrated, and we wish to afford it the publicity of our columns, that if parties wishing to gain possession, even of their own, resort to the strong hand, they will only earn for themselves an unenviable estate in possession, in the box before a magistrate, with the prospect of worse to follow.

The printing of the Hawke's Bay Herald is now effected with the aid of the gas engine recently imported from England by the proprietors, and which arrived in Wellington by tho Corina. It is a three-and-a-half horse power engine, manufactured by Messrs Crosley Brothers, of Manchester. It has a fly-wheel five feet in diameter, performing, with the engine at its full speed, about 80 or 90 revolutions per minute, but with less than half that speed, the printing machine works off. about 1500 copies of the Herald in an hour. This is done, too, with a consumption of gas little more than would be burned in two ordinary jets, such as are in use in a dwelling house. Before the gas reaches the engine, after going through tho meter, it passes through 20 feet of curved inch iron piping, and through a largo expansive chamber. The chamber is constructed of a thick waterproof material, which contracts and expands, as the gas enters and leaves it, very muoh in the same way as the lungs in a living creature. Its principal use is to prevent any back action that would injure the metre. The motive power is obtained by certain regular explosions into acylinder, givingthe forward motiftn, the backward or return motion being obtained by the vacuum succeeding the explosion, An atmospheric air chamber governs the explosions. Water constantly circulates through the cylinder to keep it cool, and as, after passing through the cylinder, the water returns to the tank and is used again, there is very little actually consumed. Altogether, the engine is one that we can recommend as well adapted for use in moderate sized factories. It is strong, and everything about it is good, and, what is perhaps its highest recommendation; it requires no skilled management, even a little boy can work it, as there is nothing to do but turn on the gas and light it. Everything else the engine does for itself ; it does not even need oiling, as it has self-acting lubricators, and all that is required for their use is to fill the chamber with oil. We may mention that the engine was set and fitted by Mr J. B. Vernon, of Hast-ings-street, to whose engineering skill and aptitude for the work required we are much indebted. The election yesterday for three members of the Napier Harbor Board excited a good deal of interest. We are informed, but cannot vouch for it as a fact, that a larger number of votes were polled than at any municipal election that has occurred lately. The result of the polling will be announced at noon to-day, at the Council Chamber. It is to be regretted that the Returning Officer could not arrange for announcing the result last night, so that our readers might have ; been in possession of it this morning. The Theatrp Royal was crowded last night on the 'occasion of the final performance given by the Stewart Family. "If" was again played with the same success as on Saturday night, and was heartily received by the audience. At the close of the performance, Mr Stewart came forward and said that on behalf of himself and his daughters he desired to return his sincere thanks to the people of : Napier for their kind and liboral patronage He also begged to thank the Press for their nattering notices of the performances, and said that although this was their first visit to Napier, he assured them it would not be tho last, as they intended to return at no distant date, a statement that was received with loud applause. The Stewarts leave for Gisborne to-day. The direct steam service between England and New Zealand is to be opened by the steamer Stad Haarlem, which has been chartered by the New Zealand Shipping Company, to bring immigrants to this colony. The Stad Haarlem will be despatched, on .her return voyage to London, on or about; the 10th of April next, from the port of Lyttelton, and presents a good opportunity to passengers contemplating a trip to the hoir.e country. She is a magnificent ship, registering 2729 tons, and is propelled by engines of 450-horso power. Her passenger accommodation is of the highest class, and every arrangement is made in her for tho comfort of all classes of passengers. The faros to London are — first saloon, 60 to 70 guineas; second, 35 guineas; third class (closed cabins), 20 to 22 guineas; children half price, infants free. Prospectuses, giving full particulars of dietary scale, etc., may be had from Mr D. Balharry, at tho Spit. We learn that John Frederick Dean, who was charged yesterday at tho R.M. Court with passing valueless cheques, arrived at Wellington in the Adamant two years ago, and was not one of the immigrants who recently arrived here by that vessel. Messrs Routledge, Kennedy, and Co., will sell to-day, at noon, at the stores of i Messrs Murray, Common and Co., at the Spit, 18 sacks of flour, all more or less i damaged.