OTAGO.

Lyttelton Times, Volume XLII, Issue 4303, 26 November 1874, Page 3

OTAGO.

The Turkish baths, says the Otago Daily Times, will be opened on or about the 20th of; next mbnth, as also will the tepid swimming' bath attached to the establishment. For the first tfi"re fa this colony invalids and others will be able to take advantage of the reviving influence of a Turkish hath.

i. telegram i«en received by the Provincial Government from London, stating that Messrs Patrick Henderson and Company have offered to take a shipment of salmop ova from the Clyde to the Bluff for £SOO. We understand that this offer will be accepted, and that the vessel will leave in December or the early part of January. . It is strange (says the Lake Wakatip Mail) what an infatuation some children have for playing with gunpowder. Some few months: ago wo had to record a narrow escape through a young boy named Maclarn setting fire to an g!n«uid rifle charge. Last Sunday two boys, children of Mr Wm. Shore; rcu.MiMd to secure their father’s powder-flask; which they took out into the garden, and, after pouring the contents on the ground, set fire to it with a match. The consequence was that they were burnt most severely, and it is a question whether one or both may not lose their eyesight. . j The Bruce Herald gives the following account of tho fatal accident at Eaitangata on Friday k»t :—The §.»/Wallabi was moored in the river close to the lower prat, atid Within a very few feet of the bank. Her engineer, who baa been spending the evening ashore, was returning to her about ft quarter to 12 o’clock at night, in company with the steward. Whilst creasing the gangway from the shore to the steamer, he stumbled and fell into the water, clutching the steward in his fall, and dragging him in also. The steamer was not more than five feet from the shore, and the steward got out on the river bank without much difficulty, but could find no trace of his companion. Search was made the next day, and after dragging for some time the body of poor Morton was found under the stern of the. Wallabi, about fifteen feet from the place he had fallen in. The body was brought to Dunedin yesterday by the lady of the Lake. The following proclamation has been published in the Otago Provincial Government Gazette 1. The ensuing months of December, 1874, January and February, 1875, shall be an open season for brown trout fishing by rod in the following streams—namely, Waitehi river, Shag river, Kakanui

nver, Island stream, Waikouaiti mer,Wate< ofLsitb, and Fulton’s creek, West Taieri; but no person shall be-allowed to fish for brown trout by rod as aforesaid without first obtaining a license so to do under tha hand of the Provincial Treasurer of the province of Otago, and for every suqh license there shall be paid by the party applying for "the same the sum of £l. 2. No person shall be allowed to use any net for the purpose of fishing at or near the mpuths of streams or rivers on the northern seaboard, flom Otago Harbour to the Waitaki, during the months of November and December, 1874, And January, February, March, April, and May, 1875.

One.of the Otago Daily Times correspondents, writing on the subject of the Toxomairiro coalfield, saysOn Tuesday last 1 visited the “ Beal Mackay” coal pit, the property of Mr Joseph Mackay, at Akatore, between four and five miles from Tokomairiro. The mine, or rather quarry, presents a face of about 120 feet of solid coal, having a depth of 22 feet, from which the coal may be taken with the greatest of ease, and loaded directly into drays carting it away. The seam has been traced for a very considerable distance, in fact its length has not been ascertained its width has been proved at 500 yards. As Captain Hatton correctly describes it, this seam of coal is probably one of the most extensive in New Zealand. In: quality the coal is quite equal to that obtained at Eaitangats, and for household purposes is more suitable, as the combustion is much slower, and it burns .with leas ash. The: price at the pit’s month is 8a per ton, or 20s per ton delivered at Tokomairiro. Mr Mackay ■ is storing 2000 tons in that town, so as to en-. sure a supply during the-winter months, when! the pit, through bad roads, will be unapproaoh- * able. The purchase of this property was a very fortunate speculation for Mr Mackay, and since its origination he appears to have expended a considerable sum of money in cutting roads and developing the mine; the length of road requiring to be made was a • little over two miles. Judging from the appearance of the eeam, 1 should say that the. supply of ooal is practically inexhaustible. The Otago Daily Timet states that the steamer Peninsula has been purchased by the Provincial Government for the sum of £I7OO, on the recommendation of the Harbour Board. The Peninsula will be used, as at \ present, in the carrying out of the work of ", the Board, except when occasionally required by the Government for landing immigrants, or for any other purpose. The arrangement under which she was engaged before coming into possession of the Government, was a payment so much for each punt towed. This was not only expensive, but the steamer could not also be depended upon, as, whenever there was something better to do, the punts were left untowed, and dredging operations were, for the time being, brought to a standstill. Dredging operations at the Bailway Pier, Port Chalmers, are about finished, and ; advantage has been taken of the dock being empty to give the dredge—“ The New Era," —and the Peninsula, an overhaul, before sending them to Dunedin. After they have been docked there will be about a fortnight’s dredging to do in the channel leading. to the dock, and when this is done the New: Era, Peninsula, and punts will be sent to Dunedin to commence systematic operations here. The dredge is being docked in order to thoroughly examine the hull, to see whether; it is possible by a small outlay to keep her. going until, an entirely |naw, dredge can be opined. It wouldlfie about eight or nine: months before a new dredge could be obtained,! and when the new dredge is at work a new ’ hull will probably be built for the machinery: of the present dredge. An effort will be made; to work jhe machinery. in the, present Jiull, the Board-being cautious about running Intoj expense /until the debentures are: tokpn up.; Thorp is now a difference of opioion ae tqthe; state of the bull of the New Era, some mafa-| taining-that it will do with a little repair, and others that a new hull is required, but the docking will probacy set that at rest. Beferriqg to the prevalence of measles at the Reformatory, i X-, correspondent - of the!' Otago Guardian writes : —On reading i#tOy day’s Guardian (N0v.19) the rather startling! announcement that, in the Industrial School,! no fewer than 73 children were ill with measles! I took a run out to seS how it really fared with? my friends Mr and Mrs! Brittan and their] largo young family. On arriving at the' grounds l was met with an unusual stillness ;! there were no ,young fahpuypys, fa ttye.field,.no! children at play, no sound of merry laughter. Inside-the institute the aame-rstiilness prevailed. Mr and Mrs Brittan, though they 9 received me with their wonted heartiness, presented a rather jaded appearance, the. reason being that, since the measles broke out, they, with a female servant; (of whom they speak in the highest terms), have been constant in their daily and nightly attendance upon the children. In five large dormitories, the windows of which were judiciously, shaded, I found 49 children in bed. Dp to the time of-my visit, 77 children had been: attacked, 28 now being convalescent, some of whom were in the schoolroom, while others, just out of bed, were comfortably located in a room warmed and made cheerful by a fire. It was interesting to see in each dormitory the fang array of yodng faces peeping out . from the blankets, the faces denoting the various stages of the disease. The cleanliness and comfort (rere very marked. I was particularly struck with the cleanly appearance of the children and the cleanness of their eyes, and it was explained to me that this was due to the assiduity of the female servant, who was continually on the move from room to room and from bed to; bed with basin and sponge and other neces-; aaries. I was also pleased to find in almost every bed illustrated books and leaflets, with which those of the youngsters in whom the: fever had subsided could amuse themselves,; care being taken, however, to prevent them! exposing themselves too much. As might be' expected, out of so large a number, some where] very ill, the usual measly cough being especi-; ally troublesome; but only one girl, 14 yean, of age, is seriously ill, though a fatal result, in her case is not anticipated. Special mention; was made to me of a girl named Emma Spence, aged 13, jocularly designated “ the? nurse,” and a boy named Thomas, Gatriy, wed 11, dubbed the "doctor, ’’ both of whom, imoo tllClr fecoifefy, Lave See firf tMWfclVWTioe; in ministering to the wants and comfoita o* their mates. As the institution contains 111 inmates, of whom 77 have been attacked, it is probable that 34 additional names will he added to the sick list ere the disease disapP6 fa giving judgment in the case against wJ M’llroy of, obtaining money under false pretences, Mr Bathgate is reported : by the Otago Guardian to have said that the case brought before the Court sofae proceedings, connected with the passages of certain fadi-! vidoals, by the barque Comet,: to the Palmer goldfields, which formed the subject of a civil action in the Resident Magistrate’s Court some little time ago. Whatever took place thep had no bearing on the issue of the present! case. But in this instance the case was brought under a criminal 1 statute, and a number of additional circumstances had come to= fight which had not been evolved inthe civil action j The counsel for the defence had stated* thq law very clearly on the subject of a false Pretence. Such a case mimt contain the ing elements : —l, There must bo- a represent tation of an existing fact'which did -not exist. 2. There must be an intent to defraud with a guilty mind. 8. Tha: obtaining of money or securities must be fa conaequenpq of the false pretence. Thrae were the * three ingredients necessary for obtaining property by false pretences. The prosecutor ‘ fAq alleged. that the defendant had obtained from him five one-pound notes, as agent,for Messrs B. B. Martin and Op., whereas' it-was said that he was not an Agent. However, Finn had lost his passage, and had .not bad; hi£ money returned. There was no doubt that the informant had been wtonged—it wiie not necessary for him. to, say by he would say most grievously wronged. He nap been made the shuttlecock of parties between Christchurch and Dunedin,;* But the que«ion for that Court was] grounds for a criminal prosecution, ro_far as the defendant was concerned,? • The fafepdaijt might be liable for damages in a ■ (hrilCDIUt» but the questionto answer now was,/ Sad be been guilty of a fraud ?” Whatwae tonfalse pretence here? It was qdite clsai that ba

T»riiSCTe»filrom^^ forß. B. Martin apdrjß. This, the receipt which bad been sh awn plainly: noved. The question to be answered was," Had he falsely |Od {nadaLlftilv AMOflMd Alan* 9' 9 not urged that, in the first instance, the money was taken with a fraudulent intent; nor was it contended that a barque was not laid on from Lyttelton,fo the P«lmer r fa which, in the first instance; the prosecutor was to have taken his passage. Indeed, it was shown that such a vessel bad been -laid on, but that she had been condemned by the Custom-house offieers,vwbo would not allovf her to proceed. And so far the commencement of the transition would appear to harp been of a perfectly honest character. Indeed it has been arranged that in the event of the first vessel not proceeding on the voyage, the money was to be returned. And the Customs authorities had stepped in and prevented the defendant from carrying oat this contract, upon’which a meeting of the intending passengers was held, and the defendant said he wotilimake other arrangements, and tried to take advantage of the Comet which. was laid, on at Port Chalmers. Up to that time the defendant appeared to have acted in a perfectly straightforward and honest. manner. Indeed, at that very time he had entered into negotiations with Messrs Findlay and Co. for the sale to them of the barque Comet. Messrs Findlay were not the actual owners of the vessel, for which they had to pay £IOOO cash, and the rest in bills. (His Worship then reviewed the evidence.) Findlay , and Co. might have had their reasons for bringing an agent into the matter. They handed over the affair to Messrs B. B. Martin and Oft.,-and then it was that the telegrams parsed. ,In the message of the defendant the question put was very plain without doubt'. To«4fcat message, asking whether the defendant should act as B. B. Martin’s agent, the Answer was not so plain. It said, “ Will keep room i for 50 steerage passengers, and four saloon; can take more in the cabin.” This was no answer to the question. He was definitely asked to entrust defendant with the agency. The latter, on receiving the reply, was (so he said) of opinion that be was to act in that capacity. The question was not whether he really was ornot, but what wa* the impression conveyed to bis mind. There was no doubt that Mr Martin, in not answering the question in a direct manner, led to the whole of these transactions, apd be (the Magistrate) had no hesitation in stating that to answer the question: in such a way, was not a straightforward mode of conducting business. Mr Martin had said that he was “onhis guard” when he sent the reply, but then was no reason for people to be so on their guard as to conceal their real intentions. If a straightforward message had been sent, would the defendant have acted as he had done ? He (defendant) told them that he considered he woe authorised by that message to act as the agent of Mr Martin. There was a well-known maxim in law, “ Whoever is silent is presumed to assent or accept,” which was equal to the saying that “ Silence gives consent.” This, at all events, would be the case where it was the duty of the person applied to to speak. He would not determine the legal effect of those telegrams in regard to a civil liability. It was quite evident that MTlroy did not intend to assume a fraudulent character at the time he sent the telegram. Taking all these facte into consideration, be did nptsee how, sitting as a jury on this cfeCi he oould come to the : conclusion that at that time M’llroy assumed this agency fraud ufefitlyv This was ilbt an * ordinary case of faaqd, where a man went about with a deliberate lie fa his mouth. On the receipt of such- a -telegram the defendant might very reasonably infer that there was no objection to his propositi6h, and that he might j act on behalf of Mr Uartim -Therefore upon the first essential of the, raje-Hi, fraudulent | representation —he (the Magistrate) could not | commit for trial, far it, appeared to .him;: that j the element of fraud, was, wanting. Under all; the circumstances, he' hlitf not ihe slightest doubt in his own mfad tfall no jury ia the i world would convict. fb»UMp of the, prosecutor was therefore ted/bovr'ever | much he might condemn the baity whfahhad; led to the heavy pecuniary loss on the part of ; a number of decent, respectable miners/ still; he could not find (hat the defendant had been. guilty of obtaining money under false pre-i tences. Any person who was aggrieved had his | remedy by civil action. In pq nc lP ß %P> bis ( Worship said that there was every reason for: the prosecutor to believe he had.been defrauded; at the time be laid the information, and that: he was perfectly justified in the course he bad taken. The ease was then dismissed.