New Zealand Gazette AND WELLINGTON SPECTATOR. Saturday, April 1, 1843.

New Zealand Gazette and Wellington Spectator, Volume IV, Issue 233, 1 April 1843, Page 2

New Zealand Gazette AND WELLINGTON SPECTATOR. Saturday, April 1, 1843.

Never say die, Grip. — Barnaby Rudge. Our contemporary has become quite witty, he says, we have found a mare's nest. We wonder after that he did not set to work to teach us to suck eggs. In return we strongly suspect that our contemporary, has in imagination, if not in reality, been taking a trip to Richmond and indulging his appetite with a Maid of Honour, called Queen's or Royal cheese cakes. We will not call it in this case an Old Maid, for he has, since the arrival of a learned functionary, become wonderous wise al! at once ; not, be it remembered in law, as regards Juries, but what apparently is to be substituted by his Honor the Judge for law, until anything better could be concocted by our grave, potent, and venerable Seniors, and Councillors at Auckland. What Settlement would be without the blessing of a Colonial Editor, albeit, at the same time, learned in the law ; hear what consolation he announces, — " It is a fact and we announce it for the benefit of all our readers, and of the universal settlement, that we have still .the benefit of the trial by Jury." Here is certainly no breach of confidence certainly, or betrayal of the result of any private consultation between the legal advisers of the Crown, but we have a marvellous effulgence of legal knowledge all at once encircling the brows of the Colonist Editor, and like all men who are unaccustomed to reverses of good or bad fortune, is unable to contain himself under the weight of his own plumage, and must needs kick at everybody, right and left, arid even the ladder by which he attained his boasted superior knowledge, and consequent elevation. We have not time or space to notice his liberal insinuation as regards the motives of those who may differ with him, nor to whom he more particularly alludes by. speaking of debtors, but we think he might have confined himself to the question of fact, giving those who differed with him credit, we will not say

for as much honesty of purpose as himself, because generally speaking, 'people jud-.-e of others by themselves ; but as we have said before, our contemporary is intoxicated, if not roaring drunk, with the effects of his trip to Court. Shakespeare says — "Nothing at first so strange appears,' But use in a few succeeding years Won't render most familiar." So that, in a little time we have no doubt, our contemporary's surprise at any thing we say or do, will cease. In the mean time, let us hear how he shews his sense of kindness of his friends at Court. He says, " seriously "asif he had been only joking before .- —

" But seriously — we do think that this furnishes an illustration of the inexpedience of that system of framing ordinances adopted by our Colonial Legislature. It is, no doubt, advantageous to get rid of verbosity and redundancy, and as Falstaff says ' to imitate the honorable and Roman brevity. But precision and clearness .are the most important of all qualifications in a legal style ; and we think that the ordinances of the Legislative Council are frequently deficient in both of these. The language is often too coloquial for the one, and to brief for the other ; and we will venture to say that few laws require more the aid of a legal education in order to understand them. In the particular instance, the continuing validity of the Jury list depends upon a principal of law, well settled no doubt — that the repeal of any act does not destroy the efficacy of whatever has been rightfully done under its authority. But this is an inference to be drawn from a careful collation of two acts, instead of being, as we submit it should have been, explicitly stated in the new law. Such, at least, is the opinion of some legal friends we have consulted on the subject, and we confess, that so far as we understand the matter, we quite agree in opinion with them." After this pretty piece of namby pamby scolding, which puts one in mind of juvenile flirtations and twilight quarrels, we appeal to our readers and ask whether, the confession with which our contemporary winds up his sarcastic castigation of our imputed legal ignorance, and after having adopted our opinion, an lcousulted not one legal friend (say Judge) only, but some, and modestly telling us that the result of his consultation is that he quite agrees with them, and not they with him, we have not a just right to accuse him of base ingratitude ! ! !

The Natives now daily bring in parcels of Flax, for which there appears a ready demand. Many white people are also devoting their attention to the preparation of the same object. But even if the trade remains wholly in ihe hands of the natives, from the information we have received, there is little doubt that within twelve months, we shall receive from one to three thousand tons. Making preparations for shipment now becomes important. Many are anxious to know how the article is to be packed, and what means are to be found in the settlement. Messrs. Waitt and Tyser, have erected a press having a tolerably powerful screw, which they had the good luck to meet with in this place. We saw an experiment made with it the other day, by which it is evident a ton weight of flax can be stowed in two tons of space. A gentleman present assured us, that he had seen at Sydney, a ton weight compressed into a ton and a half of space; and we have no doubt that at least can be accomplished. But from statements we have heard made, we can hope, that by the aid of a really powerful press, a ton weight may be compressed into a ton of space. If any party in Sydney or Hobart Town, is possessed of a powerful press for which he finds no demand, we think he may sell it to advantage at Wellington. Or better, if he is a master of the packing business, and brought his press here, he might secure himself a good income by prosecuting that branch of business.

This being the Third Anniversary of our existence, custom if not giatitude to our readers, would call for some slight notice of the event. For more than two third of that period, we stood alone, as the Proprietors and Conductors of the only representative, of what has well been described as the palladium of our Civil and Religious Liberties in this Settlement, we mean the press, in whom, to whatever cause it may have owed its existence, we recognized and acknowledged a welcomed auxiliary to the ranks of that invincible establishment, which we were the first to lay the foundation of in this colony ; for ourselves we shall cordially welcome every addition to our strength, which the spirit and liberality of our fellow Colonists can induce to join it ; and shall continue to express our hearty concurrence and unison of sentiment, with such, in all such matters upon which we feel we can do so, and calmly and dispassionately, state our dissent from any doctrines they may put forth, where we think there are grounds for so doing.

We certainly had not anticipated all the consequences of taking the day iv question for our anniversary, for on sending accounts : of outstanding debts pursuant to very polite intimations left at our office, to the effect if presented next Saturday they would be paid, our messenger was met by, not the usual invitation even of " call again to-morrow," but " oh ! you April Fool." Now this is what wecall a practical joke, and there are few, and we are amongst them, who admire such and in. our instance, must say, it is carrying it a little too far ; on expressing our feelings on the above, we were certainly taken aback by being presented with a sight of an elegant duu coloured card, with the following inscription :—: — TO COMMEMORATE The establishment of the Press in NewZealand. V — oo — Sir,— Your company is requested at Barrett's Hotel, on Saturday, the Ist of April. — oo — Dinner on Table at 6 o'clock precisely. STEWARDS— MESSRS. CATCHPOOL AND .ROE. , We were fearful that the Printers' Devils had been retaliating upon our friends; but on consulting the principal devil of the establishment, who was well versed in these matters, he assured us it could be no hoax, as it said six o'clock, and as he said every fool must know that you cannot make an April fool after twelve o'clock, so that should this meet the eye of any gentleman who may have intended honouring our anniversary with his company, pursuant to such invitation, we beg he will be assurred it is no hoax.

Our readers will find in the supplement a list of the vessels arrived in our port during the last twelvemonths' — viz., from April to April. The account is cheering, and must be satisfactory to our warmest and most sanguine friends. By a reference to the following statistics, it will be seen that cur progress in numbers has been steady and gradual : From the 20th of September 1839, the date of the arrival of the Tory, to the 10th of April 1841— 152 arrived. From April 10, 1841, to March 31, 1842, 204 arrived. From March 31, 1842, to April 1, 1843, 276 arrived. So that we think this will give to the most prejudiced person some idea of how we are progressing. A great quantity of live stock has beenimported, besides goods and merchandize of every description. Altogether, the statement will prove highly cheering to our friends in England.

The schooner Kate, belonging to Mr. Machattie, we are given to understand, takes a whaling party of five boats' crews to Hawke's Bay. We suppose nearly three hundred persons have left this place alone, employed in the whaling parties.

There is a report abroad that the Maories of this place, accompanied by a number of strangers, intend proceeding to New Plymouth, for the purpose of bullying from Mr. Wicksteed, the Company's Agent at that place, more vtu for the ground. If the rumour prove correct, we think they have got the wrong person to deal with, for they will obtain, to use a vulgar expression, " as much money as they can put in their eyes, without seeing any the worse for it."

Mr. Guyton entertained a numerous body of gentlemen on "Wednesday, to commemorate the opening of Messrs. Ridgways and Guyton's extensive brick store, just completed on Te Aro Flat. The Mayor and Aldermen were present, and the evening was spent in a joyous manner.

The schooner Black Warrior, arrived in port on Wednesday, from Akaroa. This vessel was stranded about four months' since in Palliser Bay, but was lately got off and repaired, and then proceeded to the French settlement from that place, and not from Wellington as stated by the Colonist. The French seem very active at Akaroa, and are rapidly progressing. Eight whalers were in port when the Black Warrior sailed, six French, and two American.

Below we insert a communication from ■ Captain W. M. Smith, called for in consequece of his having heard that his Honor Judge Halswell had received the impression, that the public conceived the extract quoted had other than the meaning expressed, and really intended. "We have no doubt Captain Smith would have made a denial, at a much earlier date, had he been aware that any such impression existed.

To the Editor of the " New Zealand Gazette and Wellington Spectator." Sir, — I find that a mischievous construction has been put upon the following paragraph, in a letter written by me, and which appeared in your paper of February Ist. " His Honor's memory certainly proved treacherous to him. This is an infirmity, however, common to us all, as we advance in years, though there are abundance of cases in which persons from childhood, have been afflicted with it, both to their own and the inconvenience of others." As I have this day, for the first time, learned that a criminal information was to be moved for, on Saturday, the first day of the Circuit Court, I take the earliest opportunity to declare that, in penning that paragraph, I had no intention to cast any imputation upon the integrity, or capacity of his Honor Judge Halswell. I am, Sir, Your obedient servant, W. M. Smith. March 31, 1843.

♦ To the Editor if the " New Zealand Gazette, and Wellington Spectator." g IR> — it is an avowed fact that the Crown Prosecutor is the Editor of the Colonist. If I mistake not, .the question whether any Jury Law was in force, was raised in the Editorial columns of the Colonist, and decided in the negative. Yesterday's number declares that, " though the Ordinance of 1841 is defunct, its consequences survive." Though this eating one's own words is quite in accordance with professional morality, I suspect it will not prove satisfactory to the settlers. But granting the latest assertion of the Editor of that journal to be true, have "the survived consequences " been complied with ? The Old Law declares that all persons of certain age and of good character shall be deemed jurymen, but that they shall be called upon 'to serve in the alphabetical order in which their names appear on the List. The New Law, which cannot come into operation because the settlers have not yet been placed in a condition to be freeholders, declares that all persons of a certain age, of good character, and being freeholders, shall be deemed jurymen ; but, that they shall be called npon to serve in the alphabetical order in which their names appear on the List. The material difference in the Old and New Law is qualification. The old does not demand a property qualification, the New Law does. But both Laws declare that the alphabetical order of names shall be respected. This .is alike fair to individuals, and a protection to the public. To the one it is a security — that an unreasonable demand shall not be made upon their time. To the other — that Juries shall not be packed, and I believe this arrangement was introduced into the English Jury Law, by Sir Robert Peel, to accomplish these purposes. By the list of thirty-six Jurymen, posted on the door of the Court-House, I find, that both the old and new law have been disregarded. The names upon it range from B. to Y. It may be that Mr. Sheriff considers, that by arranging them alphabetically, he has complied with the law. But certain it is that list complies with neither the old nor the new law, though there is no doubt the intention was to make it comply with the new law, which all agree is not in operation. This list contains names, which have served on several recent Juries, and the liberty taken with both old and new law, falls severely upon at least one gentleman, who, I understand, had arranged to proceed by the Vanguard sailing to-morrow, for Sydney. There are, I believe, two persons in jail to be tried this Criminal Circuit, under the charge of murder. They at least are intitled to the benefit of any doubt about the law, for dead men cannot be brought again to life. I cannot imagine that any attempt will be made to try these men ; or if condemned that an order for execution will be signed. If, howpver, they are not tried ; or having been tried and not executed, will not the public feel that serious doubts about the validity of the proceedings of the Court, exist in the breast of the authorities: I am, Sir, Your obedien servant, Colonist.