The Nelson Evening Mail. TUESDAY, NOVEMBER 26, 1867. RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume II, Issue 280, 26 November 1867, Page 2

The Nelson Evening Mail. TUESDAY, NOVEMBER 26, 1867. RESIDENT MAGISTRATE'S COURT.

Tuesday, November 26. (Before J. Poynter, Esq., R.M -,- and. C. Hunter .Brown, Esq, J. P.) Mary Wilson and Henry William Maguire, on remand from Thursday last, were charged with being implicated in the origin of the late fire at the Masonic Hotel. Mr Pitt appeared, as before, for the prosecution ; Messrs Connolly and Kingdon for the prisoner Wilson. George Cate, being sworn, said that he remem- , bered the fire at the Masonic Hotel on Thursday fortnight He passed the Masonic a few minutes before. 8 o'clock and was going from Snow's corner jto -Hardy- street. He saw the prisoner Wilson standing outside the second side door in Hardy-street, nearest to the Bank Hotel; she was looking up at the side ,*>f the house. Witness then passed on and heard the alarm of fire from people running by and crying 'fire.' He looked up at the house, thinking the chimney was on fire, but there was then no sign of fire. Wilson was plainly dressed, without horinet or shawl. When witness came back to the Masonic he saw a black smoke issuing ftom the roof, but no flame. A man was walking with witness, but he did not know his name, and he believed lie was now at the Buller. Ellen Barnes, being sworn, said that she was the wife of Mr Robert Barnes, living in Hardystreet, opposite the Masonic Hotel, and had noticed Ihe prisoner Wilson more than once remov- .: ing things, in particular a large bundle in a basket in the beginning of September. The first time was after the Bridge-street fire, when wit» ness thought she was removing. This occurred quite as many as four times, and the prisoner always want in the same direction. The witness ' being cross-examined said that the bundle was euch a . a person might carry to the wash; and* in reply to the prisoner Ma-mire, that he did not resemble either ofthe men who called at her shop after the fire. John Nash, sergeant of police, being sworn, said that he had some conversation with Maguire on the day after the Sre. Witness asked him where he was at the time of tbe fire, and he replied that he was at the Wakatu billiard-room, and did not leave it until after the alarm of fire -was given; that he then left, and got up to the Masonic, entered the front door, and went through the bar. When he got to the foot of the stairs, he could not get any farther, as the place was all on fire. Witness met him again on the following Saturday, when he said that he was one of the first who got into thehouse, that he got as far as the landing on the stairs, and could not g,et into the room and save his things on account of the . fire. Witness was also present on the Friday afternoon when a conversation took place between Maguire and Taylor, the barman. Taylor asked him what he. meant by snying that if the parties who. set fire to the house were found out, they '„ , would -get four years for it? Maguire said it was xnerel v said in joke. Witness afterwards arrested ■■' ' Magube.,. The witness,, being cross-esHmined by Maguire, said that he arrested him on suspicion, .land not through his conversation. Maguire then A asked what were the suspicions, entertained by y the witness against him? The witness, instructed .A y by the .Court, declined: -to . answer this question. in' reply to the prisoner, that he ko'."dM..not'remeTnhtT.-tO' have met hira at the Pier ;;i;.Ho* el in company with Sergeant Pringle of the v"^ had been with him at Vj; M'Geefchotel several times since the fire. y y ] JJer^&ej-jt -EveTyiOOurtis,, heing sworn, said that. J^ffHaS firm :of which he was a memberwere agents AJ, for the : New Z aland Assurance Company. The Hotel was ,, insured .for , fy j&iQa "iti ; tha^pfflcei .in names of Morrison, ;fi^ Field.' The fur--

niture was insured for £550 in the name of Joseph Trimble, and the stock, 1 utensils, &<\, for £250, also in the last mentioned name. Witness did not know exactly the value of the property in the house, but knew of his own knowledge that it was very much less than th« amount it was insured for. In cross-examination the witness said that he could not swear that he had been in the Masonic Hotel since its occupation by Mr Trimble, but had no doubt that. he had done so. This concluded the evidence for the prosecution. , The Magistrate, after commenting on the necessity of holding such an inquiry, stated that he did not couhiier the evidence sufficiently strong to warrant him in sending the pri oners for trial, and they were therefore discharged. Joseph Brim was charged with assaulting and using threatening language towards William Blake, on Wednesday last. The prisoner was defended by Mr Pitt. The parties in this case were two diggers from the Sherry, who had had some disagreement, and the prisoner was bound over to ket-p the peace himself in £20 and two recognisances of £10 each. 1). Grant v. G* Fleming. This was an action to recover £8 15s, being half the amount of the passage money from Melbourne of John and Emily Sharp, paid by the plaintiff, an 1 said to be ! guaranteed in part by the defendant. Mr Pitt appeared for the plaintiff/ Mr Kingdon ibr the defendant. The plaintiff dewied that any arrangement had b en made to the effect that ; Sharp's passage money should be deducted from his earnings as a baker in his employ, and said that the defendant had undertaken to pay the money in case Sharp failed to do so. fcfharp only remained eight days in the plaintiff's employ, not being considered efficient. The defendant submitted that more than two years ago he had made • n arrangement wi h the pl«imiff that Sharp and his wife should be sent for from Melbourne, but I it was distinctly understood that he should he in j the plaintiff's employ for 12 months, and should pay his passage money out of his earnings. The evidence of the witness Sharp elicited some singular revelations as to the manner in which 'bread stuffs' are occasionally prepared for consumption in this community. Judgment was given for the plaintiff in. the amount claimed with costs. His Honor Mr Justice Richmond held a sittings of the Bankruptcy « ourt yesterday. The following cases were heard : — C. banubrooke Saxton : In this case the bankrupt was discharged, the Jutig'v stating that he did not feel himself justified in withholding relief from the petitioner any longer, as he had already suffered punishment by the publication of his examinations, and the Judge would not infl ct further punishment by leaving his body open to arrest and imprisonment. Mr Pitt, however, who had opposed for several creditors, drew the Judge's attention to the pro> visions of the Act, 866, which orders that discharge shall not take effect for a period of six months in cases where a dividend of 6s 8d in the pound has not be'.n puiil. His Honor then stated that the discharge would be subject to that proviso, and would be stopped by the action of the Legislature and not by that of the Court. — Thomas Andrew's discharge was granted, subject to a suspension o* six months uuder the Act <>f 1806. — Joshua Sigley; this case was adjourned till the next silting of the Court.— George Falla. adjourned to the next sitting day; bankrupt to be then discharged if no opposition offered. — Thomas Freeland, adjourned to the next sitting day. — Hugh Robertson's petition struck out. — J. (J. Deniiam, aujourned to the 4th February. — T. E JJearsley, aojourned to the 4ih February. — The petitions of Edward Hankia and Patrick Mullins were struck off the roll. The Nisi Prius business of the Supreme Court in the present assizes commences to-morrow morning at 10 o'clock. The following special jury cases are set down for trial : — Caton v. Fearon; Carter v. Bryant; Sinclair v. Williams; Eyes and another v. Wither; Berkley v. Kennedy; Bomford v. Eyes; Moffitt v. Sinclair. The opening meeting of the General Assembly of the Presbyterian Church of New Zealand was held in the Presbyterian Church ast evening. The retiring Moderator, the Key. David Bruce of St Andrew's, Auckland, preached an eloquent and highly Jkarned discourse from Mark xv. 39, • Truly thjs man was the Son of God.' V\ ithout entering into a minute statement of the various points presented in the sermon, it will be sufficient to say thkt it contained a masterly criticism on the current theological and semi-theological literature of the present day, and on that account alone might with profit be more widely circulated. As is the custom, the retiring Moderator then nominated as his successor the Key. Patrick Calder of Nelson, complimenting him on the ability and energy with which he had single-banded maintained the position of the Presbyterian body in Nelson for so many years. The nomination b: ing unanimously agreed to, Mr Calder then took the chair, and delivered an able inaugural address to the members of the Assembly The Court continues its sittings, to-day and is open to the public. A requisition is in process of signature, by the electors of Nelson, addressed to Mr Stafford, and requesting him, in accordance with his practice on former occasions, to take an early opportunity of addressing his constituents in this city in reference to the transactions in the General Assembly during the late session of Parliament. We understand that the prisoner Wilson, now lying under sentence of death, is in a very dejected state, and persists in declaring his innocence of the heinous crime of which he, has been found guilty. The unhappy man, however, is far, more composed in his demeanor than he was previous to the trial and during its continuance, when he was much excited, frequently giving way to violent fits of weeping. Wilson, •*ho is a member of the Homan Catholic Church, is attended daily by the Rev. Father Garin, to whose instructions, we are informed, he listens patiently and submissively. A correspondent enquires whether any action has been taken with a view to insure the success of .the annual regatta on New Years- Day, and suggest* 1 that it is high time that some steps be taken ia the matter. We; are not aware that any preliminary action has been com- . meaced ia 'this direction by those parties who

usually bestir themselves in . getting up these sports;" we trust however that the regatta vviil not. through any apathy, in the part of the public b-.' this year allowed to become v thing of the past. The Nathan Juvenile Troupe nmile their^ reappearance before a Nelson audience last night at the Oddfellows' Hall, and were received wiih all the favor which was extended to them on their previous visit to this city. The attendance •uas good, and the whole performance passed off with great spirit. The first piece in the evening's programme • The Two Smiths,' introduced Littie Marion in a new character, her impersonation of which was quite equal to any in which we had previously seen her — as Larry Driseoll, the 'buttons' in the establishment of Mrs Clapper-cl-iw, a lady 'of large sympathies ' (capitally personified by Mrs Nathan), this clever child kept the audience in a continual state of merriment. She was abiy supported by Little Selina as Dolly Dot, the maid of all work, gifted with decidedly amative propensities, and the other characters were also well filled by Miss Julia Nathan, Mr Small, and Mr Chambers. -he oth^r two pieces, including the farce of the 'Omnibus,' and a burlesque ballet ' Dancing Mad,' were already familiar to the majority of the andience, and were equally successful, as was also the interlude, which introduced some pretty dancing by Little Selina, a solo on tlie cornet by her brother, Master K. Nathan, and an absurd dance, cleverly executed, by Mr Chambers. The troupe play again to-night, when ' The Two Smiths' will be repeated. , The Wairarapa Mercury says that it is understood that Mr Fox will • return to this colony by the November mail steamer, and it appears also to be understood that he will, on his arrival, become the leader of the Provincialists, judging from the remarks made by Mr Fitzherbert on the subject. In reference to the remark of Mr Orinond, Mr Fitzherbert said, "If I understood him right, it was in the direction of saying ' Now is the time for the Centralists. The Provincial party will be reinforced next session under the leadership of Mr Fox.' I have just got one remark to make with regard to that, I say that if the honourable members could have furnished any one argument that, to my . mind, ought to have more wei-ht than ano her, in showing that the course steered by the Government has been a wise and right one. it was ibat very remark about the advent of Mr Fox to reinforce the Provincial party. If there were any I reasons which would demand of the House to pau>e before making any organic change it was that a strong man would come in a few months and turn everything upside down again. This reason was the very best that could be given in support of the course pursued by the Government. A meeting was held at Blenheim on Monday week t\>v the purpose of forming a Fire Brigade in that town, which was numerously attended. The requisit • preliminary steps- having been taken towards ascertaining tne amount likely to be contributed by the three insurance Offices and also by the Government, the meeting adjourned until yesterday evening. The Evening Star publishes a resume of the re- | turns presented during last Session to the House of Repre-entaiives by the Hon. the Postmastergeneral, showing how often and how long the ' vessels had been behind time i > arriving at Wellington and Panama, and the amount oi the penalti s imposed since the commencement of the Panama Steam Service: — The first return extends over a period cf fourteen months, but information of the resiilis of eleven voyages only from Wellington to Panama had been received. Of these eleven trips, four were performed punctually to the day, two were completed in one day less than contract time, three occupied an ex! ra day each; in one case the steamer was two days behind her time, but the penalty was remitted as the mails were delivered in ime for the outgoing steamer from Colon ; and in the March trip the mails were delayed eleven days, but the penalty was remitted in this case also, as the delay was caused by a succession of severe gales and constant extraordinary weather. The voyages from Panama to Wellington have not been so rcgu'ar as those to Panama. On the first occasion the steamer was punctual to the very day ; in the next nioiuh two days were lost, but the penalty was remitted on account of ihe Kakaia having only, in consequence of an alteration of time table, five days at Panama to coal and refit for her return voyage. In the following month the steamer was eight days behii d, and a penalty of £li 0 was inflicted, the remainder being remitted for the same reason, as in the case oi the Kakaia. The two succeeding voyages were regular, but in January of the present year one day was lost, and a fine of £tO was imposed. All the subsequent voyages down to July were more or less irregular and penalties were inflicted amounting to £395 ; the total sum of the penalties incurred by the company up to that time being £545. On the 18th of September, Lord Brougham entered upon his 89th year. The noble and learned Lord is reported to be in the enjoyment of good health. Count Bismark's resignation is daily expected, perhaps because his health is giving way — perhaps because his master wishes to propitiate the French Emperor. A movement is on foot in London for the establishment of an amateur theatre. A meeting was held recently to promote the object, and it was then proposed to organise a company with a share capital of £20.000. The expense of the building is estimatt-d at £17,500, and it was calculated that/after the payment of all .expenses, there would be a balance in hand sufficient to pay a dividend at the rate of 14 per cent. Humility is the best evidence of real religion, as arrogance, self-conceit, and pretension are the infallible proofs of pharisaism. . Sjdney Smith said to the canons of St. Paul's, when they wrote to him urging the advisability of a wood pavement round the churchyard—' Let -them lay their heads together, and it will be done.' In bull-fight days, a blacksmith, who was rearing a bull pup, induced his father to go on allfours to imitate the bull. The canine pupil pinned the old man, by the.nose. The. son disregarding' \the parental roaring, exclaimed w Hold' him; Growler, boy^hold him ! Bear it, father, bear it; it'll be the making of the pup !'

Under the new Volunteer Regulations, published in the New Zealarii G-izette of the 6th instant, the rate ol pay idiowrd to officers ami volunteers (excepting officers and uon-comtnissibned officers on the permanent staff) wheri. out on actual military service in the tieid, or when doing garrißon duty, will he :— Lieur.-Colonel 235. per diem, with forage for two horses ; "major, 19s. per diem, wiih forage for oue horse ; surgeon, 18s. per diem, with forage for oue horse ; c«gtaiii, 14s. 7d. per diem; adjutant, 3s. 6d. in addition to regimental pay, and forage for one horse ; quartermaster, 12s. 6d. ; assistant surgeon, 14s. ; lieu tenant, 9s. 6d. ; .ensign or ..cornet, Bs. 3d. ; staff sergeants, ss. ; .sergeants,"3s. 6d. ; corporals, 3s. j trumpeters or buglers, 2s. 6J. ; privates, 2s. 6d. - Tha work to be breseuted to every'-sub-scriber to the Art Union of London for the current year is an engraving by iSharpe, from the celebrated original pictore in the National Colleetiou, by D. Maclise, R.A., entitled ' Hamlet, the Play Scene.' The tofal loss of sheep and Jambs ia the Middle Island, by the heavy snow storms during the year, is estimated at one million. * The Christcliurch City Council have adopted a valedictory address for presentation to his Excellency the Governor previous to his departure from the colony. The London correspondent of the Irish Times — a good authority, by the waysays it is iv contemplation to transfer Mr Pope Hennessy from the Consulship of Labuan to the Governor-Generalship of Queensland, vacant by the leliremeutof Sir George Bowen.