THE New Zealand Herald AND DAILY SOUTHERN CROSS. TUESDAY, APRIL 18, 1893.

New Zealand Herald, Volume XXX, Issue 9177, 18 April 1893, Page 4

THE New Zealand Herald AND DAILY SOUTHERN CROSS. TUESDAY, APRIL 18, 1893.

The proceedings at Taranaki in the case of "dummyism" recently brought before the Supreme Court are very curious, and not quite comprehensible. It would seem that the public have to learn something more than has as yet transpired. We have heard a good deal of late of charges of dummyism under the Land Act, and it is to be feared that these are very numerous. It is always an evil when Land Acts are drawn so as to leave openings for people defrauding their fellows by false declarations, <tc. There are always many persons who think themselves entitled to take advantage of the Government, and who give themselves the benefit of the smallest doubt which can arise in regard to the legality and fairness of any proceeding. In such cases there will be frequent attempts to make gain by taking advantage of the regulations. Then arises the question of prosecutions, and we suppose that in most instances the question of whether or not the person concerned shall be proceeded against must rest with the Government. In that case it is quite impossible to expect a strict and impartial administration of justice. The principles of no Ministry should be subjected to such a strain. It will become solely a question of " colour." It is always a very serious matter when the action of the Government of the day is denounced from the Bench of the Supreme Court. The natural inclination of a judge is to keep on good terms with Ministers. It is true that he is not dependent on them for holding his office, but they can do a good deal to make his position uncomfortable. A judge of the Supreme Court is above mere party considerations. When, therefore, he condemns the action of the Government, the whole public will take it that lie has good reason, and will consider that the Government is bound to make a reply. The circumstances appear to be : A Mr. Pease made an application for land in 1891. In this application it is alleged that a false declaration was made. This false declaration might be as to his age, as to other lands he was possessed of, or other matters. The officials of the Land Office made no objection to the application, but sent it in with others. It was not successful, some other applicant having obtained the advantage in the ballot. The deposit money was returned, and ap- • parently there was an end to ! the whole affair. But now, after two years have elapsed, the Government auditor finds out the alleged false declaration, and although it has had no result, a prosecution is commenced, and as the Judge says " the prosecution had pressed the accused very ardently." The Judge speaks strongly on the fact that the auditor should be the dis-: coverer of the alleged false declaration, and the mover in the prosecution. One cannot help concurring in the surprise expressed by the Judge. The duty of the auditor is to see that the accounts of the officials are correct, and one would think that it is no part of his functions to hunt up cases in which they have not thought proper to recommend a prosecution. But then the question arises, is this a matter about which the Judge should trouble himself? One is almost compelled to come to the conclusion that there is something more in the case than meets the eye. The prosecution is not one by the officers of the department because of an attempted fraud under the Act. They took no action. The application was unsuccessful, the deposit was returned, and there was an end of the business between the parties. Two years after, the application was, to use the words of Mr. Justice Conolly, " hunted up, and made the subject of this prosecution," the prosecution being pressed " ardently." The jury, in their verdict, virtually adopted the censures of the Judge, they found the accused guilty, "but with a strong recommendation to mercy on the ground of laxity of the Government in not prosecuting before." They in truth say that the Government have been guilty of something not clearly specified. When a prosecution is delayed for two years, and when the offence is simply the making of a declaration that has not been effective, most people must come to the conclusion that there is some improper motive in the prosecution. In the present case the Judge gave the fullest effect to the recommendation of the jury by imposing only a nominal penalty. The result of the whole case is virtually a censure on the action of the Government.

It is to bo feared that all hope concerning the Maile must be abandoned. The search along the coast, which never seemed to offer much chance of success, has been made, and it is quite evident that she i* not floating about on the coast in a disabled condition. Most of those, on board were well known in Auckland, and the grief of their immediate relatives is sympathised in by the whole community. It is the usual case, when a vessel is lost, to endeavour to ascertain how the calamity has occurred, so that, if possible, some lesson may be obtained of service to those who have to go down to the sea in ships. In this instance, it seems likely that the precise circumstances of the loss of the Maile with all hands will never be ascertained. From all that is known, however, it seems only too likely that the vessel was not in a satisfactory condition, and was unable to cope with the very heavy weather that prevailed about the time when she was off the New Zealand coast. There may be weather at sea that no vessel, however seaworthy and well found, can stand. It may be that the fate of the Maile was in no way duo to her condition.

But there is reason to think that I i was not- fit to encounter excent' II .storms, and that in coining from j o "*' Pfl ceston to New Zealand she was tat'" 1 ' '" a risk which no shipmaster ou ?ft i run. Jhe Made went on to a rXr i llaine Island, and as a result was Mi-1 or less .severely strained. From h' she went to Queensland, and then Launceston. She leaked conaioV on the voyage from Raine i'i, y Queensland, and the donkey enrii 1 I to be kept going to keep the vess, ]° i d I of water. No examination of the r r » ;; '' ; ' was made at Launceston, the n™ . p ? thinking probably that the" JJg | necessary could I.x; better don* " ! , I'■■. Whangaroa. Probably if the wJJtii had been moderate between Launcn,?* and New Zealand she would easily 1° !1 $% made the voyage, but it will beremj| : bored that about that time weith e , extraordinary severity prevailed $ over these seas. Neither the linll I the vessel nor the rigging w« c < I condition to stand severe strain, Ti I security against an unssawortly veJii V putting to sea is not very complete, 1 : ' complaint is made to the Collator ( - Customs at any port by members of th crew that any ship is not fit forS! I voyage, he would at once take steps ,! I have her examined. But men do not :/ care to make complaint. No sail! I likes to be thought nervous and tiftU I The examination made for an insnr I ance company is not repeated oft/ P enough to be a security. The on I"• reliance in most oases must be in th ! judgment and care of the master. ] I may be said that a man will not risit; '"'• ' ■ it rm j i. 1 '"ft HI! I own life. 1 hat is not always so. \\\ 1 daily find instances where men* run f: risks which they ought not to run. jM'l a captain should always remember that I he is risking the lives of all those vL I sail with him, and who cannot, as L I may do, obtain some advantage L I running a risk. lie should not consu't I his own feelings at all. He ought fefl consider that he is in charge of seven; I lives, of persons who trust to hitn ! their guardian ; and that it is his dot]l to see that they are not exposed to ami unnecessary risk whatever.

The coup d'elal in Servia is significant!} ' applauded by the Russian press, and ap.'. ! pears to have given satisfaction to the En ropean Courts, who congratulate the young King on his vigorous action. A*, however hi« parents, the ex-King ami Queen, arj V returning to Servia, the outlook promiw to be threatening. The Socialists in Bel ;t giurn, who have for some time been « tretnely active, have provoked riota in Brussels, where they attacked tiiil?" Mayor of the city, who had to bi}' rescued by the police, A large number (i fefc Anarchists have been arrested in Italy, jpS view of the celebration of the silver wed. ■ ding of the King and Queen. The shipping Ipfj dispute at Hull still remains unsettled Strenuous efforts are being made by tin Iff! unionists to defeat the shipowners, but the SP latter appear to have no fear of the cot ■ ' sequences, as non-union labour is abundant M''' The feeling against Home Kule does no;' t appear to be in any way abating, Tin fejfj Earl of Dalkeith, in a speech on the Bill, 1 .V&i said ho hoped it might be averted, even si ' If the cost of civil war, while the Methodist Church of Ireland has addressed a tnanifeitc fSI to the Methodists of England protesting-A against Mr. Gladstone's scheme. Front. 'os. West Limerick comes the report of jHH moonlight outrage, a fanner and his ioj /{'iS having been shot, both being in a pre- S3 carious condition. As a consequena I of the financial crisis in Australia, ihareiP in the London Chartered Bank of Australii

have experienced a serious drop. Cases ef ||| small-pox are reported from Melbourne, pal Last evening Lady Glasgow, Miss Hal. lowes, and Captain Hunter-Blair (A.I).C.j ( MH attended the performance of " Miss Esnj. fi ralda," at the Opera House, by the Londal© Gaiety Burlesque Company. « ||| Among the passengers by the Union §9 S.S. Company's steamer Takapuna, which K; left the Manukau for tho South yesterday IS afternoon, were Colonel and Mrs. Gasijp, jffi I who (ire to join the Tyser Wf® steamer Star of England at W'wMj&mL, f (r, proceeding to London by that vessel. Tin Rev. T. G. Carr and family were also pas- j sengers for Wellington by the Takapuna. - , Yesterday morning tho Union S.S. Company's steamer Manapouri arrived from J 1 Melbourne, Hobart, and Southern ports, ? , with a number of passenger/", among whoa Mj were Major George, Mr. W. J. N a pier (who | ' has been at Wellington on business), &d I „ the crews from the Auckland and S'« |; George's Rowing Clubs, who have beat!ill 3isborne taking part in the recent regatta! I at that place. The Manapouri lea res f# '* 1 Sydney this evening. i ' The ordinary meeting of the Auckland I H Hospital and Charitable Aid Board TO J held yesterday afternoon. There rail 1 ;' | present: Messrs. JJignan (chairman), Bo!-|M lard, Gordon. Ambury, Swale?, McCabt,||§| and Bruce. The house surgeon reported follows : —Admitted since last report, 15 men and 9 women ; deaths, 5 men andJ||l| women ; discharged, 18 men and 13 women;i|| remaining, 68 men and 25 women. In tbIM Costley Home there are now 114 men mil's, 31 women. The admission ofJohn Hughs,!, s j pensioner, was confirmed. Leave of absence for 14 days was granted to Mr. H. N. Gar-|'if land, the secretary. 1 te| The Auckland University College Com-fei' cil met yesterday. Present: Coloml||| s Haultain (vice-chairman, presiding), Mi" |*|| Edtrer, Bishop Cowie, Dr. Mackellar, tbfep Mayor of Auckland (Mr. Crovvther), kIKm Messrs. E. Hesketh, J. Dilworth, R. OdjTi® and Jackson Palmer. The Vice-chair- j man welcomed Mr. Udy, who was >?■ pointed ex officio as chairman of tMS Board of Education. The Rev. J. Treadwell was appointed the supervisor ot * the college examinations at Wang&ntii. ||jj An application from Mr. Gittos, assistant j.-;| to Professor Thomas, for an increase eM salary, was referred to the Finance Corn- fca. mittee, with power to act. With regard W ||||ii the letters from the Professorial B9tt>|p regarding tho framing of the College re jS O 'JE lations and other matters, the Board having j||| alleged that the Council had assum 8 functions which did not belong to theffli|||| the committee appointed to consider tusH matter presented an interim report, wfe# which they disagreed with the claim of tn(||| Board to control tho internal working j|||| the college. It was resolved to c°nßi®Wp the subject at a special meeting on Maylf -V and a committee was appointed to draft £ - letter to be sent to tho Board embodyt I the views of the Council. The overdraft |j f the Council was announced to be sb |fe £040. A special sitting of the R.M. Court'* held yesterday morning before Pr. ||J ; U.M., to hear a case in which John !*®'' son, a horse dealer, sued Henry Left., |; : - farmer, residing at Mount Albert, for-J ; , damages. The plain till was, he all#* p|' the owner of two racing mares which» agreed with the defendant that the W' j|| should agist at Is Cd per week each, »""* j|| farm, Mount Albert. He alleged that Kg defendant, without plaintiffs knovvleJp* , consent, placed the mares in a Pjfj.il with a worthless Maori entire, and ..IS became stinted to him, and it was in co a sequence of this that he claimed daniap .M. The case by consent was allowed to ft® M further adjourned till Thursday, ■*" 0 If witness was out of town. Mr. Theo. Wr || appeared for the plaintiff, and Mr. t- ' >|| Buddie for the defence. i| The youth John Patrick Kecfe, of 1 ® || mure, who was accidentally injured at j|| sham light on Easter Monday, becauW ,•>, scions on Saturday morning and is "ON " || greasing favourably. , 1 At tho R.M. Court yesterday <•!>« J* donee of the plaintiff in a case J n J llj (•arson against Francis Thomas Gow» •. » Ilukerenui, was taken. The caF ®. 18 .Lioii fig. ing at, the Court at lvawakawa. Tnea t$ || was for the recovery of £3, bal«« c v 6 m account for money lent, and plan'" s ■ evidence in support of the claim. n I A considerable number of eases | for decision before Messrs. C. C. M c police a and L. 1). Nathan, J.l'.'s, at ie | Court yesterday. An unusual 1} B batch of drunkards was dealt with, * . K( j ft | young men charged with having a ® t |,re« ll' | Constable Fry were each sentence* n , i£n ed k I months' imprisonment. _ A ' nan . j on « | | | Henry Small was committed for - r ta . « |, i charge of stealing a steel trunk, c 0 I | clothing and other articles to the a ' | i £10 3s. Accused admitted the one ' g

The following gentlemen have been nomi 1 Li for seats upon the City Schools * ,mte L' • 1 Messrs. J. Blades, J. A. ft"!A Burn" P. Crowe, J. B. Fairs, V Farrel) W. T. Murray, W. Sherson, and ?L Biikewoll, and Walker. As there tiro nlv nine members to bo elected, and ten we been nominated, ft contest will take " L ce Of course others may be nominated Sthe meeting of householders, to bo held at St. James's Hftil 011 Mondft y evening next. In-giving an account of the pioneer trip of the M. Chelmsford to Ngunguru and tho nub-ports northward to Whangaruru, our reporter, who made the round trip, stated that at Helena Bay Mr. Pullman, a pa*senger, was landed. He is an old Aucklander'who left after tho Waikato war for California, but has returned again to settle with a view of fruit growing. He is acquainted with Californian fruit culture, ami hopes to be able to get land on his pro gent trip suitable for his purpose. That W(v in tho first week of February. J]r. Pullman was in town last week, and his adventures in pursuit of land would bo laughable wore it not that other intending settlors may be deterred from settling; through his experience. Mr. Pullman Boon found land suitable for his purpose—about 100 acre; at Matepouri Bay which ho states had fallen back into tho possession of the Crown through non-fulfil-ment of the conditions. He was informed by old settlers that) having been forfeited lie could get it under a certain section of the Act, without) competition, by offering (ib was originally 10s an acre) over £1 per aero for it. Mr. Pullman made application, and after three weeks got a reply that the land had boon withdrawn, but would shortly bo put up again for selection. On tho day it was opened for selection he went to tho Land Office and tendered his money, but it was refused, he states, and he was informed that through sumo other difficulty ib had to go through other legal formalities, which involved reference to Wellington. He has been here now nearly three months, and he asked when it was likely to be again available for public selection, and was told I that it would beputupagain possibly in throo or four months, when ho could try again. Mr. Pullman has gone back again to look for another piece, as ho is tired of the delays. He says ho does not blamo the officials but the system, as the surveyors wore very courteous to him when looking for land. When he left San Francisco to settle here, he was told by an ex-Aucklander that he would bo disgusted boforo he got his land, as " there was too much red tape, and the country was governed to death." JJr. Pullman says in America all he would have had to do was to go to the Land Office, ro e what State land was on the maps available for disposal, selected his lot, paid his monty, got his receipt, and would have bought an axe and commenced building a house on it tho same day. A go-ahead colony like Now Zealand, he thinks, should have a far simpler code of land laws. The attendance of visitors at the Art Gallery for the pasb week totalled up to 2140, and for Sunday last to close on 500. Owing to recent attractions in the way of the Heade collection and other pictures, the popularity of the Gallery is likely to bo well maintained. We notice that the New Zealand Times refers to the departure from Wellington of Mr. Sydney Philips, of the firm of Philips and Pyke, for Auckland, en route for San Francisco, with a view of visiting the Chicago Exhibition, and some of the principal cities in America, proceeding thence to England, where he will visit some of tho principal manufacturing centres. Mr. Sydney Philips is a son of Mr. P. A. Philip#. The captain of the Salvage Corps, Mr. W. Field, will leave Auckland to-day to enjoy a well-earned holiday, and at the same time to recuperate hits health. Mr. Charles Smith, his foreman, will take charge of the Salvage Corps during Captain Field's absence. Th« successor to Mr. Edgar, Mr. Morpeth, who is appointed to succeed him as Registrar of the Native Lands Court, arrived yesterday, and will take charge of his office on Thursday. Yesterday the tender of Mr. A. Martin, for the erection of the new residence for Bishop Luck, at Ponsonby, was accepted. There were nearly a dozen tenders. Ihe design w lot a. Rortno villa, with verandahs and bay windows, It will be two storeyed, of brick, pointed, with sione dressings. The ground floor consists of entrance hall, reception rooms, library, diningroom, Bishop's study, room for archives, and a small private chapel. There are two staircases, the main one leading the whole way to the tower, and giving access to the roof. The upper floor is subdivided into largo conference room, bedrooms, bathrooms, Ac. The floors of the verandahs, halls, and corridors are to be laid with encaustic tiles, and "the principal rooms have a border of parqueterie «f New Zealand woods, which will be executed by the Bishop's brother, the Rev. Father Luck. There will be a cellar for storage. The roof will be slated, with lead flat, with cast-iron guard railings, and the whole surmounted by a tower. A brick corridor connects the new building with the kitchen at present on the ground, the whole forming a complete structure. It is expected that the building will bo finished by the end of the year. Reference has been made in various Wellington telegrams as to some watches, part, it is said, of the proceeds of a Sydney jewellery robbery-, having been sold at Wellington and Auckland, and at one-half their value. Yesterday Detective Chrystal discovered two of the watches, which are alleged to bo part of the missing jewellery. The overdraft of the Carterton Borough Council at the end of the financial yaar was £87, and they hava no indebtedness on any loan amount. It is probably the only municipal corporation in tho colony practically free from debt. The rate is only three farthings in the £. A correspondent at Tauranga writes ''I notice in this week's papers that memorial tablets have been erected to nine of tho pioneer Wesloyan missionaries, and cannot help thinking that of all the pioneers of that denomination the Rev. Joint Hewgill Bumby is the one most entitled to a memorial tablet in Auckland. He was drowned afc tho entrance of Auckland harbour between Motutapu and Tiritiri on tho 26th June, 1840, by the upsettihg of tho canoe in which he and about 20 natives were Joint; from Thames to Whangarei. Although he had only been 15 months in Now Zealand he died in harness at tho early age 31, and as his body was never recovered there Is not oven a tombstone to keep him in the recollection of the rising generation."

_« will bo sceil by advertisement that p 1 aw l Colin Minstrel and Variety ompany Vi\\ open in Auckland shortly, : r ? u P® We bean doing good business I ?P', er > here they have been perform* im?| t o- nns,9 ' ast three weeks. Madame a i. "'Sfwr %ola, ' 10 were the great „ nf j 8 ™ lt j" ,n Hayea' Circus, at Melbourne ' , ne y« are with the company. They is n Both new to Auckland Signor Lyola performer eotll:oron ' 8t ' a "d bar and trapeze the 10 ® ont ' 1 of January of this year [}*«»► °f living animals imported into £570 ~ k a,n for 10011 was £437,422, against niim^ 0 1,1 10 Barao month la.it year. The «mber 3 weru: o, o "'\P ,77i cows, 48; twr*j. 1 * Veß ' corn the value of the irnwßb vJ" 8 S 4sß > BU ' agairißb £5,001,292 £1 RM o!"i I ne value of dead meat was Bacon u n « ninst £1,612,146 last year. atl inw! low ' a decrease in quantity, but in on:,nil? 1,1 va * ua ! fresh beef an increase 'I'lintif y Itl1 tl( * va '°® > hams a decrease in lariro y ' v «l'Jo; and fresh mutton a 15(5*477 nc^ ea8 ° <" quantity and value— valuwfi ?;\'P in 63,571cwt last year, butter thft v i'' o, "« llin,ib J- 1 " 1 '' 121 - . of £1022 775 ' lu was £1,155,605, against 174 '—quantities 208,177cwt, against £309 70,. ' ' ar aril >o. £385,614, against £231' aw' an cheese, £281,577, against ®2,903cwtT C '' 1^1 110 ' 3 -7ewt, against porta woifinr the value of 11,0 il11 " w *155,645, against £261,779. J. Torwm ru ii , er ' °' furnishing goods— °f ful'nit ur ' manufactures all kinds '"fninhiiv/ 0 at > '*' 8 factory, and imports 'aotarer, ! "°rl a DIi{K(JT from the irnituito»uv Tim n n ~ lan<i > America, and Gertlig comhi!! t '? TKK . MK, " ATE Profits are saved, tables him' . with economical management w «fy , n» lo Rive ! tKAL UOOL> value in Buy vol %t m V" b of hou «° furnishing. ttr 'Ulhiri» w" l° * rom " People's" Auckland,' 'l° e " d CJlU;0 ""

Mr. Fitzroy Peacockehas written a letter to tho VVaikato Times, re the desirability of erecting a monument in Waikato to tha memory of tho late Mr. J. MoNicol. In his letter Mr. Peacocke points out thab in deference to tho wishes of the deceased gentleman's friends the interment took place at Clevedon ; bub if a monument wero ereoted in Waikato his many friends would have an opportunity of showing thoir practical respect and sympathy for his memory, and also for his surviving friends. Our Waikato correspondent, in his yesterday's communication, referred to the matter, and suggested that the subscriptions should be limited to one shilling. If the Waikato people take tho initiative In this matter, wo feel assured that a strong committee will be formed in Auckland to co-operate with tho promoters iu making tho affair a great success.

Wo have to acknowledge the receipt of the monthly market report for February, issued by James McEwan and Company, Limited, London, Melbourne, and Sydney. The harvest festival services of the Franklin Road Primitive Methodist Church were brought to a conclusion last night. The exhibits were brought down to the schoolroom under the church, and it was hero that the entertainment took place. The Rev. W. S. Potter presided, and in a few remarks introduced the objects of the exhibition. An excellent musical melange was furnished, the choruses supplying four items. A duet by the Misses McKenzie, " Flow On, Thou Shining River," was one of tho best items. Miss Byron presided at the harmonium, and Mr. Dimery officiated as conductor. Mr. Cleal presided at the vegetable stalls, and Mrs. Maynard at tho refreshment stalls. A sale of the vegetables which were on exhibition took place, and good prices were realised. The. following sums were obtained on Sunday by collections at the Presbyterian churches and Sunday-schools in aid of tho New Hebrides fund : — St. Stephen's Church, £10 ; St. Stephen's Sunday-school, £o ; Devonport Church, £4 4s; Devonport Sunday-school, £1 16s (id ; St. Luke's Church, £14 10s ; St. Andrew's Church, £0 lis 2d; Ist. Andrew's Sunday-school, £2 Is 6d ; St. David's Church, £15 ; St. David's Sunday - school, £1; Onehunga Church, £5. The sum of £100 was wired to Sydney yesterday. At some of tho Presbyterian Churches in this district collections have previously been made. On Friday, April 7, a very successful concert took place at Turanga Creek, Whitford, in the schoolroom. This concert is annually by Miss pence in aid of the fund for school prizes for tho children. Many pleasing items wero severally contributed by Misses Spence, Cleghorn, Wade, Grainger, and school children, and also by Messrs. Bndall,Grainger, Maclaurin, Wade, and Trice. Mr. Moller kindly presided, and a very enjoyable evening was spent. Dancing was kept up after the concert till daybreak.