SUPREME COURT.

Nelson Evening Mail, Volume II, Issue 286, 3 December 1867, Page 2

SUPREME COURT.

Monday, December 2nd, 1867. CIVIL SITTINGS. (Before his Honor Mr Justice Richmond, and a Special Jury.) BOJirORD V. EYES. Mr Conolly and Mr Pitt appeared for the plaintiff; Mr TravPrs for the defendant. This was an action to determine a right of road through lands in the province of Marlborough, belonging to plaintiff, across which there had been a right of way for the last ten years, but which the plaintiff hail lately caused to be stopped up. The defendant, as Superintendent of the province, and acting for the public, had given directions that this fencing should be pulled down, and the plaintiff then sued him for the alleged trespass on his lands, claiming £200 as damages. The plaintiff contended that no mention was made of such a road in the body of the Crown Grant from which lie derived his title, though it was admitted that on the plan given iu the margin of tiie grant, such a road was shown, and on this the defence for the alleged trespass was founded, inasmuch as the plan was referred to in the deed, as particularly setting forth the land and its boundaries. His Honor having ruled that this setting out of a road on the plan given in the margin of the grant, was sufficient proof that the reservation of such a right of way was intended,

The counstl for the plaintiff accepted a nonsuit. This case terminated the civil sittings of the present assizes

We learn by telegram that the Lord Ashley left the West Coast on Sunday last with 170 passengers fur Sydney, en route for the Queensland diggings.

The lecture on England, viewed in its various aspects -at the present day, which is to bs delivered this evening at the Provincial Ual!, by fiishop Suter, will be certain to attract a very numerous audience, not only from the dignified station of the lecturer, but also from the very attractive character of the subject, which will doubtless receive all the illustration which a thoughtful and highly educated mind can bring to bear upon it.

Tlie inclement weather which prevailed during this morning has necessitated the postponement ot the firing for the Provincial Champion Prize, which was announced to take place this morning, until Saturday next.

The performance of tlie Nathan Juvenile Troupe at the Oddfellows' Hall last night passed off with even more than ordinary spirit. Little Marion's impersonation of I)r U'Toole in the Irish Tutor afforded one more proof of her* marvellous precocity, the part being enacted ',vith all the effect with which a finished adult actor could invest it. not a single point or situation being lost. The applause of the numerous audience present was both loud and frequent. Little Selina, too, in the burl&qae of Codadad, played with im-

mense 'dash,' and the whole performance was highly satisfactory, Mr Oakey rendering able assistance on the pianoforte. The programme is to he repeated to-night. His Excellency the Governor has left Wellington, accompanied by the Hon. J. C. Richmond, i having embarked on board the Start at noon on j Friday. Shortly alter that hour the vessel left the Queen's Wharf amidst tlie cheers of a numerous assemblage of spectators, amongst whom were a number of notabilities, the vessels iu the harbor paying tlie usual mark of respect as the steamer passed them. His Excellency's destination is Kawau. It had been intended fry the friends of Mr Filzherbert to give him a dinner as a mark of respect, previous to his departure for England by the next, Panama steamer, but owing to some misunderstanding, and the matter threatening to take a political turn, the project has been abandoned. Jt is generally understood that the lion. Major Nichunison is to perform the duties of Colonial Treasurer during Mr Eitzherberl's absence, j Mr Samuel Clarke, late Manager of the Australian Steam Navigation Company and for three years Manager of the Intercolonial Koyal Mail Steam Packet Company, committed suicide in a most determined way sit the Wellington Hospital on .Friday afternoon. It appears that Mr Clarke, who was about 36 years of age and much respected, had only arrived from Sydney about three weeks ago, but was well-known in Wellington, and had entered the hospital as a patient on the previous evening. Having requested that a minister of religion might be sent for, as he was about to die, the attendant, suspecting no harm, as his patient appeared perfectly sensible and had eaten a hearty\iinner a short time before, wont outside the door in order to tell a messager to go for the clergyman, leaving Mr Clarke in she room with a man,' who was engaged iu painting. He was absent hardly more than a minute, but on returning, found Mr Clarke in his bedroom, which adjoins the first-named room, with the blade of a small penknife plunged into his thront, while with the lingers of his disengaged hand he was endeavoring to extend the wound he had inflicted upon himself. The attendant at once seized the unfortunate man's throat with his hands, pushed him up on '.he b-\l, and called for assistance; but so deep a gash had been inflicted that medical skill was useless. Mr Clarke expired about a quarter of an hour after performing the fatal deed. His Excellency the Governor has issued a proclamation, dated the 27th nit., appointing a commission tor making the necessary arrangements for the reception of H.Tt.ll. the Duke of Edinburgh, nny three members of it being empowered to act together: — Hons. E. W. Stuilbrd, Colonel Ilaultain, J. Hall, J. C. Richmond, Major Richardj son; J. IT. Harris,;! 1 . H. Hartley, J. Johnston, Colonel Peacocke, Sir David Monro. his Honor Mr Justice Johnston, his Honor 1. F. Featherston, his Honor J. Williamson ; Messrs Cailetnn, Ludlam, and Fitzgerald. Mr Felix Wakefield has been selected to act as secretary to the commission. The Supreme Court was to be formally opened yesterday morning at Wellington, but, in consequence of the absence of his Honor Mr Justice Johnston from the province, the criminal sittings were to be adjourned till the 9th prox. The. Independent of the 30th ult. stat?s that in consequence of the interior fittings of the building not being yet finished, the solemn opening of St. Mary's Cathedral, Wellington, will take place on Christmas Day, instead of on tlie Bth of December, the Feast of thelmmaculate Conception, as was first intended. Pleuro- pneumonia having broken ont in Canterbury, the penalties under The Diseased Cattle Act will be enforced in that province. In the district of Mokihinui, cattle are dying at the rate of three or four daily. The Lyttelton Times says: — Every precaution however is being used to prevent the further spread of the disease, but owing to the absence of the power to destroy di eased cattle as they are discovered, the remedial measures adopted have but little effect. The Southern Cross speaking of the Thames diggings says : — There arc now nearly 3000 Europeans at Kauwaeranga. The district will not give permanent employment; to more than 600 miners. What arc the rest to do? Unless more country is open, or something .extraordinary happens, a dreadful state of things will ensue on this over-crowding a small district. Hundreds of hard working men are unable, after the most persevering khor either to find a payable reef, or to get employed as laborers Many would return to Auckland if they could raise 5s to do so. One thing can j r ct be done, and that is to discourage a further rush.

The liiiwkc's Bay Herald of the 23i'd tilt, says that intelligence was received at Napier on the previous day from Dr Hector, who was then on a tour exploration to Taupo. He liad reached Tangariro, having passed through IJamaria, Tapuaeharuru, and Opepc.

A letter is published in the Taranaki Herald o the 15th ultimo, from Messrs Gilbert, Kerr, & Co., of Abchurch-lane, London, addressed to the Superintendent of Taranaki, stating that they regret to say that, after all the annoyance and delay that have occurred with the Iron Sand Company, there was but little prospect of the matter being proceeded with at present. The excuse on this occasion is that Mr Jordan entertains strong doubts as to the manufacture of charcoal, and at the last moment hesitates to start without more data to go upon, and a larger capital. From parliamentary returns lately issued, it appears that the total funded debt of the United Kingdom on the 31st March last was 769,541,004/, involving an annual charge of 25,890,422/, and showing a reduction of debt during the past twelve months of 3,772,226/, but an increase of charge to the amount of 63,470/. At a recent meeting of the California Academy of Natural Science, Professor Whitney remarked, writes the Builder, that there are fifteen localities in California at which diamonds have been found in the course of washings for gold. In a school recently a teacher took occasion to relate an anecdote of the little girl who tried to ' overcome evil with good,' by giving a New Testament to a boy who had illtreatel her. The story was appreciated, for a few minutes afterwards one boy struck another; being asked the reason, he said he was ' trying to get a Testament/