Local News and Notes.

Lake Wakatip Mail, Volume I, Issue 9, 30 May 1863, Page 4

Local News and Notes.

At last the Government seem to be becoming aware of the fact, that it is inconvenient for a gentleman to be in half a dozen places at the same time, and have appointed an additional Resident Magistrate at the Dunstan. It is absurd to suppose that one man, however diligent and zealous he may be, can fulfil the two offices of Warden and Magistrate, except on a very small field. Every day cases are obliged to be postponed, and miners compelled to leave their claims and tramp hither and thither to obtain a settlement of their multifarious disputes. It is necessary that we also should have a gentleman to assist Mr. Wood in his onerous duties, and thus save him so much inconvenience, and the litigants such expense and loss of time. How can we wonder at men taking the law into their own hands, when proper facilities are not accorded them to settle their differences in a legal manner. The exodus has commenced. Yesterday, J, N. Wood, Esq., the Warden, held his last Court at Queenstown, in the original regulation " 10 by 12," so endeared to the remembrance of many of the loafers and " mauvais sujets" of this district. The deserted and half-cleared out tent looked more dismal, cheerless, and uncomfortable than ever, even in the recollection of the "oldest inhabitant," a grey headed oid rat, which kept peering out from his remote, and till lately snug, corner, as if mourning over the departed glories of Queenstown, and weighing the probabilities of an immediate start to join his brethren and the Court in Frankton, or revelling unmolested in the retreat so kindly provided by Government.

We were yesterday thoroughly surprised at hearing one of the most flagrant breaches of contract, touching our Postal arrangements, we have yet heard, and which quite puts into the shade that reported lately, as having occurred at Kingston. The s. s. Expert left the foot of the Lake at 10 o'clock a. m , and after calling at two or three places for wood, she succeeded in reaching the sheep jetty, midway between Queenstown and Frankton, and kindly deposited the mails and passengers on the jetty, the captain coolly stating " that he should call there in the morning." We believe that through the exertions of her

agent, Mr. Gibson, the mails arrived in Queenstown this evening, and through the courtesy of our Postmaster we obtained our letters and papers the same evening. We would like to know who is answerable for these delays and general mismanagement It would seem from the letter of the Kingston postmaster, in our issue of this date, that Captain O'Neil is to blame. We sincerely hope that if such is the case, his good sense will tell him we must not have this trifling with public duties on any future occasion, or steps must be taken to inform the Government officially of it. The inhabitants of Queenstown and vicinity seem to be awakening to a sense of duty, and are organizing a movement, which has for its object either the return of the camp to this township, or the appointment of an additional Magistrate and Warden. Although rather late in the day, still we believe the movement will be productive of considerable benefit, if it be carried on in an energetic and determined manner. The Government by its dilatoriness, has allowed this place to grow into a considerable town, and the interests of her inhabitants must not be sacrificed to official circumlocution and incapacity. We hope our fellow-townsmen will remember the vital importance of the movement, and lend it their most strenuous aid.

The heavy rains on Wednesday night again raised the Shotover to nearly the same height as prevailed on Sunday last, though the damage could not be increased, for the devastation committed by the last flood was so sweeping, as thoroughly to destroy nearly every work in progress on its banks. A boat was carried on the shoulders of six men to Arthur's Point, on Wednesday morning last, to restore the communication between the two sides of the river, interrupted by the destruction of the two bridges. We understand that a company is in course of formation to work the Nokomai, it being the opinion of the projectors that, with proper appliances, they will be able to keep under the water, which has as yet rendered futile, except in a very few instances, every attempt to bottom on this unfortunate goldfield. Miners seem to aecept it as an acknowledged fact that there is gold, and in good payable quantities moreover, on the Nokomai, but they show a natural disinclination to invest their capital in any undertaking requiring organization and mechanical appliances, while they can work without either in more favored localities. As the shipwrecked mariner observed, when he saw a man hanging from a gallows—"Thank God, I'm in a civilised country"— so may the residents of Queenstown congratulate themselves on their advancement in the social scale, inasmuch as they have now a gaol amongst them, according to the follow ing proclamation, which appeared in the Government Gazette, of the 20th inst.:— *• I, John Hyde Harris, Superintendent, do hereby declare and proclaim that the place following, that is to say the cell, enclosure, or compartment No. 2, in the lock-up or watchhouse at Queenstown, Wakatipu, in the said Province, shall be and be used as a Public Gaol." At least, if we have no Resident Magistrate, we can congratulate ourselves on the possession of a gaol. The Circumlocution Office does not seem to have forgotten its functions yet The Post Office at the Arrow was declared a Money Order Office more than a week ago, and now an order has been received to postpone the whole affair, because of the Don-arrival of the necessary forms from Auckland—the very reason which was the cause of the delay in the swearing-in of the new Warden at the Arrow, Mr. Beetham. We have been requested to notify that the Rev. J. Harding, of Wesley Church, Dunedin, will preach at Queenstown to-monow (Sunday), at 10 a.m., and at Fox's (Arrow), at 6 p.m. As will be seen from an advertisement in another column, the nomination of candidates to act as our representatives in the forthcoming Provincial Council, will take place on the 13th proximo, and the poll, if demanded, will take place on the 20th. For the Wakatip District, the polling places appointed are the Court House, Arrow River, and the Court House, Frankton.

M'TAVISH v. LYNCH. It is rather strange that an inquiry touching an alleged infringement of the rights of the subject, should be conducted before a gentleman who supplements the oppressive aet complained of by another equally unjustifiable and despotic —namely, the attempted gagging of the Press. As will be seen, our reporter was refused admittance, but after a disgraceful scene of debate and clamour, he was allowed to remain on the condition that he did not pubiish the report till it had been SUBMITTED TO THE SUPERINTENDENT! Listen and wonder, Napoleon III.! Though

against his instructions, our reporter yielded a tacit acquiescence, by not refusing to comply; and we therefore have consigned the notes of that memorable attempt to trample down the rights of the British subject, to the flames. But the promise implied by him does not extend further, and we have succeeded in obtaining elsewhere, by diligent inquiry and comparison of accounts, the following summary. If it be not correct in every particular, those are to blame who have endeavoured, unavailingly, to gag us : ARROW POLICE COURT. Tuesday, May 26. M'Tavish v. L, nch.—His Worship Mr. Beetham, having read his commission from his Honor the Superintendent, appointing him to investigate certain charges preferred by Mr. M'Tavish againt Sergeant Lynch of the Police Force, and requesting that an inquiry should be made, Mr. M'Tavish appeared to prosecute the charge. Sub-inspector Morton requested that the inquiry should be conducted with closed doors; such was always the case when any charge was made against the polite force. Mr. M'Tavish objected, and expressed his wish that everything should be fair and above board. He had nothing to fear from the most public inquiry, and he detested anything like ''hole and corner work." Mr. Morton challenged Mr. M'Tavish's remark. No ♦' hole and corner work" was, or had been, attempted. He simply insisted that the usual forms of a Co-'rt of Inquiry be adhered to. Sergeant Lynch was quite wiiling that the inquiry should be public, and his Worship seemed to concur ; but— Mr. Morton again insisted, on behalf of the police force, most strenuously, that the whole of the case should be conducted with secresy, and he should order Mr. Lynch not to consent to an inquiry unless the whole of the proceedings were conducted in private. His Worship concurred. He was there only to make an investigation, with power to.examine witnesses on oath if he saw fit, and seeing the reporter for one of the papers present, he should order him to retire. Mr. M'Tavish again protested against the press being excluded. After some consideration his Worship would suffer the reporter to remain, on condition that he promised his report should be submitted to his Honor the Superintendent for his approval, previous to its publication in any paper. Mr. M'Tavish—What! your Worship ; would you gag the press ? I fancy his Honor will not appreciate this imposed censorship of the press, and the idea will be scouted by every journal in the colony. His Worship—l have named the only terms on which I will allow the reporter to remain. Mr. M'Tavish—Then, your Worship, if you exclude the press, you will suffer the public to remain. His Worship—No. Mr. M'Tavish—Well, your Worship, I request you will order all witnesses to retire out of hearing of the Court. His Worship—Certainly. A large crowd of people were, much against their wish, ordered to a distance from the tent. The reporter, however, remained inside, subject it was supposed, to the con litions named before. Mr. M'Tavish—Your Worship, I have again to request that all witnesses leave the Court. I observe that Mr. Mort»n has not obeyed your Worship's command. He has been subpoenaed by me to give evidence on oath for the prosecution ; his evidence is important, and I regret I have to repeat my request that he should retire with the others. Mr. Morton—Your Worship, I have no evidence to give. I was not present at the occurrence, and I know nothing about the case. His Worship—As you are subpoenaed, Mr. Morton, I fear you must retire. Mr. Morton—Your Worship, this is only a dodge on the part of Mr. M'Tavish to deprive Sergeant Lynch of my assistance. Mr. M'Tavish—You have no locus standi in this Court, and I will not allow you to interfere. Mr. Morton—l have a right to be here to justify the police. I have appeared in their defence before, and will do so again. Mr. M'Tavi ii—l believe you appeared this morning at the Magistrate's Court to conduct a civil case for the defendant Lynch, when he was sued for damages for.an assault, but whether it was prudent or according to rule for you, not bang legally qualified, to appear and plead before the Court, 1 very much doubt. Mr. Morton Your Worship, I insist upon being allowed to remain, and see justice done to Sergeant Lynch. His Worship—Mr. Morton, I am here to see justice done, and you may depend I will do so to both parties. Mr. Morton—Your Worship, Sergeant Lynch is not able to cope with Mr. M'Tavish, and .may be put to a disadvantage. From what I know, if I had been present whenthecase wasdismissed by Mr. Wood, the verdict would have been different. Mr. M'Tavish—Here, then, we find, your Worship, Mr. Morton does know something about the case, although a few moments since he pleaded entire ignorance of it. This is the very thing I want to get out of him, and his evidence becomes more important then ever. Sub Inspector Morton—Your Worship, I have no objection to give evidence if I am examined first and afterwards allowed to remain in Court and assist sergeant Lynch. Mr. M'Tavish—l most certainly object to that. I am not to be told by Mr. Morton how I shall conduct my case, when I shall call witnesses, and what questions I shall ask. No, no. I shall act as 1 think proper in this respect I shall

call him at the beginning or the end as may be necessary, and I consider it a piece of impertinence in Mr. Morton to interfere with my case; it is only on a par with his challenging the previous decision of Mr. Wood. His Worship—l am afraid, Mr. Morton, you must retire. You have been subpoenaed and I can't help you. Mr. Morton—Then, your Worship, I apply on behalf the police for an adjournment of this case, in order to have the opinion of the Commissioner. Mr. M'lavish—The Commissioner has nothing to do with it. His Worship—As lam not sufficiently informed on this point, I think I will adjourn the case for further instructions. Mr. MTavish—lf your Worship decides to adjourn I must submit, but I beg to state that I am perfectly ready to go on with the case now. Case adjourned.