The Nelson Evening Mail. SATURDAY, JANUARY 5, 1867. RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume II, Issue 4, 5 January 1867, Page 2

The Nelson Evening Mail. SATURDAY, JANUARY 5, 1867. RESIDENT MAGISTRATE'S COURT.

[Before J. Poynter, Esq., R.M.] Tins Day.

CHARGE OF ASSAULT,

Henry Phillips, proprietor of the Otago Dining Rooms, was complained against by Mary Clifford, for striking her with a stick.

Mr. Kingdon appeared for the defendant, and said his client admitted striking the girl, but he wished to state through him to the bench, the reason why he struck ber. It appeared that the father and mother ofthe girl lived apart, and the mother was now living with another man, somewhere down the beach. The girl was placed by her mother in defendant's care, who was requested to watch over her aDd keep her as much as possible from going wrong, as she was a very forward girl. Defendant had sent the girl to school, paid for her clothing, and employed her to take charge of his own child. He also kept as strict a look out after her as he could and as he was requested to do. One day defendant on returning home missed the girl and his own child, aud ou inquiring where they were, was told they were gone to the river to bathe. On looking through a glass he saw his own child, and this girl half naked, romping with what appeared to be, two men. He ran down, and on the way picked up the switch now produced, and struck the girl with it, which he considered himself justified in doing for placing his own child in such a position. He struck her twice on the shoulder as he passed. He was indignant to find the girl with his own child romping halfdressed with two great boys. The girl had been placed with him not merely as a servant, but for protection by the mother and the man with whom she lived, who had particularly urged him to keep the girl under and out of mischief, as much as possible. He regarded her as placed uuder his. charge, to educate and bririg up, and her father, who lives at the Wairau, had requested him to take care of her. His Worship to the woman : You have heard this statement, is it'true? The woman : I have paid for the schooling my self out ol the girl's wages, 6s. a week. She was not half naked, she was nearly dressed, and Mrs Phillips had given her leave to bathe. The boys caine up as the girls were dressing, aud the latter were waiting for the boys to go away. The girl has the marks to show. I gave no person leave to strike her. I know nothing more than that Mrs. Phillips gave her leave to go to bathe. His Worship : Put the girl in the box. The girl was put in the box, when the magistrate addressed her thus : — Can you read? Girl: Yes. Can you write? No, Do you know the nature of an oath? No. Magistrate : This does not say much for your bringing up. Do you know where you will go if you tell stories? No answer. Will you go to Waimea-west ? No answer. Sergeant Nash: She does not know your Worship. Magistrate: Take her evidenoe.

Girl : My name is Frances Clifford. I head what. Mr Kingdon stated. Mrs Phillips gave us both leave to go bathing. We were both sitting on the grass, waiting to put on our boots till the boys went away. He struck me with a stick thicker thau that produced. He left marks on me. I don't know if I deserved it. To Mr Kingdon: Mr Phillips has always behaved kindly to me. We were not bathiDg before the boys. I complained to no one but niy mother. I did not hear her speak to Mr Blanche about it. His Worship: This does not appear to have been a very severe assault; but as an assault has been admitted, I shall fine the defendant 10s and costs. A person named Blanche, who had been subpcened by defendant, stepped forward and asked to have his expenses paid. Mr Sharp: They will be paid if you have been subpcened. Defendant: This man when he gave the girl in charge to me, cautioned me to look after her, as he had been obliged to go to the police and complain that some one had attempted to commit a rape upon her. BREACH OP LICENSING ORDINANCE. A. Adams was fined £5 and costs for keeping his hotel open after the hour prescribed by law, on New Tear's Day.

The Board of Works have published the tenth year's assessment, it being a rate of one penny in the pound, levied ih accordance with the Nelson Improvement Amendment Act. The law requires that the books of the Board should be kept open, for the inspection of the ratepayers, for twenty-one days from the date of the publication of the assessment. Persons who think themselves wrongfully rated are entitled to give notice in writing to the Board, of their objections, within twenty-eight days, the ground of objection being stated.. It is important that intending objectors should comply with the law in this respect, as it frequently happens that persons considering themselves aggrieved neglect to appeal, and make their complaints too late. If we remember rightly the invitation to appeal has not been generally published with the assessmeut, although the law implied if not positively enacted, that it should. It appears that there are about 1000 names on the assessment roll, and it is not likely that unqualified satisfaction will be expressed with the labors of the assessors, although they appear to have taken greafc pains to arrive at correct conclusions as to the value of the property assessed. If objectors take care to send written notice of their objections, and remember the appeal day, when it is 'appointed, it will save a great deal of time which is fruitlessly spent by ratepayers in running to the office to. consult the Secretary, and by the officers in informing the objectors that there is no redress for them. We understand that the assessment has been made by Mr. Younger, assisted by Mr. Watts, who have done the work in ten weeks, without any extra charge to the board. This is an improvement on last year's management, the assessment having then cost something like £40 for extra clerical labor. It appears this year's assessment shows an increase of between £30,000, and £40,000, over that of last year, a fact which points to the rapid progress of the town, notwithstanding the vaticinations of sundry croakers that it is fast going to pot. Last year's income to the board was about £2,500, and although the income will -be considerably increased this year, it cannot escape observation that the board have a v-ery small sum; of money to carry out the numerous improvements that are demanded of them. Here people

grumble 1 to pay =-a penny rate, whilst irt Duuedin the rate is at least two shillings, and an attempt was made to raise it to half-a-crowu. Out of last year's income the board expended, in rouud numbers, the following sums: — Brook-street bridge, £900; Brook-street stream, £400; gravelling streets, £250; iuprovernents in the Wood, £150; Washington Valley, £70; Examiner-street, £100 ; Haven-road, £150. This does not leave a large balance for ordiuary improvements, lighting, officers, etc. The income this year, is however a greater one, and more will, of course, be done. If the public want more they will have to consent to a higher rate.

A cabinet minister stated a few days ago at Otago, that the Stamp Act was the most ingenious device he ever knew for raising a revenue for the Government. We imagine he has been made aware by this time that it is a device with which her Majesty's lieges are most intensely disgusted. No doubt the same bungling has been shown throughout the colony on the introduction of the Act that is complained of here, and we much mistake if the people, patient as they are under taxation, do not raise such an outcry against this nuisance as shall compel its withdrawal at no distant period. The gross negligence that has been manifested in bringing the act into operation in Nelson deserves the severest censure, and reflects very little credit on tbe much lauded administrative abilities of the chief of tho

Government. It is monstrous that an act enforced by pains and penalties should be brought into operation without ordinary precaution having been taken to provide a sufiiciency of stamps to meet the exigency of the occasion. Nothing can justify such maladministration, which not only burdens the public with an intolerable multiplicity of detail, but impedes mercantile operations in numerous instances to a most injurious extent. Surely the least the Government can do in enforcing the obnoxious impost is to take care that tradesmen are not compelled to add loss of time to the other annoyances inflicted, and that a sufficient number of persons are appointed authorised to sell stamps in convenient numbers, so as to prevent the confusion and stoppage of business transactions which have prevailed during the past few days. The Panama outward mail, per Taranaki, closes 10-night at 7 o'clock. The Ahuriri is advertised to sail for the Buller to-morrow, at 6 o'clock in the morning, calling at Fox's and the Pakihi. The Panama Company intend to send the Phoebe as a special steamer to Canterbury on Tuesday, the Bth instant, for the convenience of persons going to the Canterbury races. The Nelson Building. Land, and Investment Society will hold their monthly subscription meeting on Monday next. This evening an attempt will be made to secure for Nelson that fine boat the Flirt; she wili be disposed of by raffle at the Ship Inn. The Waikouaiti Herald says the final hours of the Otago Prov ; ncial Council were marked by a scene which formed a fitting pendant to other points in its history. The election by the Council of an emigration agent had been looked forward to with some anxiety by the public, not only because the appointment is itself of importance, but on account of the rumors which were abroad that a little Old-identity job was to be perpetrated on the, occasion. No public^ anhounceniißht that an agent, was required, inviting application for the office, was made. The whole thing was

left' to go haphazard by a ballot of the Council. , The Government positively refused to nominate an agent, or even to offer a recommeudatiou. It was not till eight o'clock on the last evening of the session that the matter came on. Mr James Adam, of Tokomairiro, was known to be earnestly seeking the billet, and it was generally feared that he had secured a support which must carry the day. A promise had been obtained from Mr Macandrew that he would act if spontaneously elected by the Council; he declined to be openly a candidate. Several others were ..also in the field, the candidate having the support of the Government being Mr W. G. Rees of Queenstown. Strangers were ordered out ofthe Council Chamber as soon as the question came ou, and were not readmitted for two hours and a half. In the meantime, after repeated balloting out, there remained two candidates to be decided between — Mr Adam and Mr Macandrew. It being pretty well known that the bill would be dropped by Government if the latter gentleman should be elected, many who strongly objected to him voted for him as r. gainst Mr Adam, and by a division of 16 to 15 he was elected. Then rose a storm such as has not been known before in the by-no-means peaceful annals of the Provincial Councils of Otago, and the like of which, let us hope, we may never hear of again. Mr Macaudrew's name and fame, aud the conduct and motives of his supporters, were furiously assailed by Messrs E. B. Cargill, Reynolds, Major Richardson, and others; and finally, Major Richardson resigned the speakership and left the house. The bill was reported, and the third reading was not brought on. The Appropriation Ordinance No 2 passed its final stage, and his Honor appeared upon the scene, and bowed the Council out of existence. The Taranaki Herald says :— The Superintendent has written to Dr. Abel, director of Chemical Works at Woolwich Arsenal, for an opinion upon the iron sand, especially in regard to its probable commercial value, and the likelihood of its working profitably. In reply, a confidential report was received from Dr. Abel, of which the following abstract was laid before the Council : — 1. Tbe iron sand could not be profitably exported to England in the raw state, even if there were a demand for titanic iron ores, because ores as good or better of the same class can be procured in great abundance from countries much nearer at baud;, and are actually supplied in small quantities by the Norwegian Titanic Iron Compauy at from 20s. to 255. per ton. It is not believed that this company has made any progress in actually working these ores profitably. 2. The titanic steel produced by Mr. Mushet has not acquired any special reputation. He does not use New Zealand ore, because he can obtain a superior titanic ore at less than one-third the cost. 3. The main difficulty to be contended with in working titanic iron saud is the difficult fusibility of the slag ; the Btate ofthe mechanical division would require a very special method of operating, but this difficulty might with experience be overcome by dealing with it in the forms of slabs or blocks composed of the sand and the materials to be employed in the flux. There have been several prescriptions for preparing these blocks, which have been tried with more or less success upon a small scale. Probably Mr. Martin's proposal is as good as any other, but the quantity of fuel specified in his patent is about four times that used in Sweden for red iron ores containing the same per-centage of iron. 4. An experimental smelting by Mr. Martin's process is shortly to be tried in the presence of Dr. Noad, and the result will probably de-. cide whether the' company in which Messrs. Gilbert, Kerr, and Co. have in-

terested themselves wili be actually formed. 5. Dr. Percy has been consulted on the subject, and fully confirms Professor Abel's view as to the improbability of the New Zealand iron sand being profitably worked. The West Coast Times of the 24th uit says: — Of the number of passengers who left for Melbourne in the Alhambra on Saturday last, quite one half supplied themselves with return tickets — a sure evidence of the estimation in which they hold Westlaud, and thus their absence will be only temporary. We learn from the Wakatip Mail, Otago paper, that on Tuesday the llth uit a very severe shock of earthquake of unusually long duration was experienced. Pour heavy vibrations comprised the first shock, and during the following hour or two several gentle movements of the earth were perceptible. Mr. Ogilvie, who has, for a number of years, beeu attached to the Customs Department of the public service in Dunedin has been appointed to an office under the same Department in Nelson. By a General Government Gazette published on Saturday last we find that it is intended to make the publication a newspaper, which may be had by the public on pre-payment of £2 per annum, or siugle numbers at Is. each. Advertisements will be inserted also at a specific rate laid down. The M. Express says a Midnight Mass was celebrated at the Catholic Churcb, Blenheim, on Christmas Eve with all the customary solemnity, by the Rev. F. Sauzeau. The West Coast Times says:— The folly of playiug with firearms received another illustration at Staffordtown, where a storekeeper named Mr. Williams narrowly escaped death at the hands of Mr. T. B. Smith, who is well known in Hokitika as the former proprietor of the Shakespeare Hotel. It appears that Mr. Smith was displaying a revolver of peculiar construction, and to show the rapidity with which it could be fired, he discharged it several, times into the ground. One of the bullets must have come in contact with a hard body, for it glanced off the ground diagonally and struck Mr. Williams— who was standing about thirteen yards distant — over the right eye, cutting the skin and slightly depressing the bone, and then taking an upward direction, passed through the rim of his hat. It may not be out of place to remind local manufacturers (says the G. R.Argus) that an Act was passed last session of the General Assembly, by which the fraudulent imitation or use of trade marks and labels was made a penal offence. It is notorious that it is a custom amongst certain brewers and bottlers to use either forged imitations of other firms' labels, or to put their own productions in old bottles bearing the label of English manufacturers.' This practice obtains extensively, and is a double fraud upon both the public and the producer ofthe genuine article. Persons who sell articles, knowing them to be spurious, are equally guilty with the dishonest manufacturer who supplies them, and the law is applicable to them also. It may be a warning to such to learn that in a neighboring colony two persons have recently been sentenced to two years' imprisonment for forging the labels of Bass and Sons, the brewers, and Lea and Perrins, the manufacturers of the celebrated Worcester sauce. It is stated that a poor French mechanic, named Lomond discovered Electro-tele-graphy in 1789, but with his invention perished during the Revolution. Joseph Barker, well known in Yorkshire, once a. notorious freethinking lecturer, is to be ordained as a minister of the church of England ! Ladies' dresses, says the Court Journal,

are to be uniiSually short according to some authorities who have looked into the future of 1867 as fashionable Zadkiels. The dresses are to be sans crinoline, and leave off sensationally just below the knee, figured stockings and high boots to do the rest. It is something- singular thafc Wash ington drew his last breath in the last hour ofthe last day of the last week of the last month of the last century. He died on Saturday night, 12 o'clock, December 31, 1799. A panic was lately created in Totten-ham-court-road chapel while the Rev. J. W.Bouldicg was preaching, in consequence of the chapel-keeper having extinguished most of the lights instead of slightly lowering them, and thus causing a great escape of gas. The smell was exceedingly strong and nauseous, and in a short time a cry of "lire" was raised, and shrieks of alarm resounded from all sides. The minister kept his seat, urged other people to do the same, and gave out Cowper's hymn, "God moves in a mysterious way;" and this having beeu sung and the gas relighted, the service was concluded as usual with safety.