LOCAL AND GENERAL NEWS.
Judgment in the action, Captain Cook Brewery (Limited), (Messrs. Hancock an. Co.) v. Martin Ryan, licensee of the United Service Hotel, claim £570 rent, which lias been exciting a good deal of interest, was delivered at the Supreme Court yesterday morning by His Honor Mr. Justice Lonolly, for the Chief Justice (Sir Robert Stout), who heard the case. The claim was for rent ot the United Service Hotel, at the. rate of £30 per week. By the lease the defendant had the option of deducting from the rent the sum of £13 13s each week, provided he purchased his beer, spirits, and tobacco from the plaintiffs. The defendant so yyrchased liquor till September, 1900, when he ceased, alleging that it was bad, and it was from that date that the plaintiffs claimed the full rental. In answer to.the claim, Mr. Ryan raised two defences, the first being that the true rent was £16 17s, the difference between that and £30 being really in the nature oi a penalty to compel the defendant to purchase beer from the plaintiffs, which was a breach of section 35, sub-section 1, of the Alcoholic Liquors Sale Control Act Amendment Act, of 1895, dealing with agreements ar stipulations " tying" houses. Ihe second defence was, that the beer being bad in certain months, the defendant was discharged from continuing to take his liquor from the plaintiffs, and should be held to have complied with the proviso. In his judgment, the Chief Justice said he was compelled, though he thought the spirit of the statute had been ingeniously evaded, to hold that the. letter had not been violated. With regard to the second defence, lie could not hold that the supply of bad beer by the plaintiffs enabled the Court to declare that defendant had fulfilled the terms in the proviso of the lease. Judgment was given for £294 17s, the difference between the amount paid into Court, and the amount claimed, with costs.
The American mail steamer Sonoma, with the English mails of London date March 16, is due from San Francisco to-day, having left three days late, owing to the mails being delayed in transit. The steamer proceeds on to Sydney a few hours after arrival. The colonial mails which left Melbourne by the It. M.s. Oceanic on March 13, were v . delivered in London on Friday last, two days early.
The j police authorities have received information that a settler in the Papakura district committed suicide on Tuesday, on his farm, by blowing his head off with a gun. He had been rather peculiar of late. An inquest is being arranged for by Constable Lannigan.
In yesterday issue; appeared the announcement of the death of Mr. Laughlin O'Brien, late Judge of the Native Lands Court, in his 80th year." He died at the Woodside private hospital. The deceased gentleman was a native of Dublin. He was born in 1821, and came to New Zealand in 1842. He was articled to the late Mr. Conroy, solicitor, and was subsequently admitted as a solicitor of the Supreme Court. In 18i>6 he was appointed Sheriff of the district of Auckland, and in 1865 was appointed Registrar of the Supreme Court, from which position he retired on a pension at the end of 1870. In the latte» part of 1880 he was appointed a Judge of the Native Lands Court. He retired about two years ago. The deceased leaves a widow and two sons and two daughters to mourn his loss. The deceased gentleman was a man of strict integrity, painstaking in his duties, and highly esteemed and respected by all who were brought into relationship with him. Interment is private. A solemn requiem mass will be celebrated at St. Benedict's Church at eight a.m. to-morrow.
There is little to' add to the account of the Ponsonby fire in yesterday's issue, save the insurance of Messrs. H. and J. Hamson, pork butchers, which was £150 on fitlings and effects in the Standard. Some of their property was saved. A party of men were yesterday busily engaged in removing the debris at the scene of the fire. Nothing further has transpired as to how and where the fire originated. There seems, to have been an ample pressure of water. The Auckland Fire Brigade got the message sit eight o'clock precisely, the city clock striking while the message was being received.
It is gratifying to find that the coroner, Mr. Gresham, who sees and knows a good ; deal about child life in the performance of his duties as coroner, in making inquests on children boarded out under the Infants' Life Protection Act, is doing his best to obtain fuller protection for them. Recently he made a special report on the case of Winifred Ethel Grundy to the Minister for Justice (the Hon. Mr. McGowan). He reported that the matron of the Infants' Home, Parnell, was unable to inform him of the date on which the female inspector had last inspected the home. He pointed out to the Minister for Justice that the regulations under the Act gazetted on January 28, 1897, ■ ilo not provide how frequently the female inspector shall visit each home, or that such inspector shall enter in the record book the date of her visit. He submitted that these regulations could, with advantage, be amended, as he had indicated. Regulation 13, which refers to section 10 of the Act, appeared to be incorrectly worued. The Under-Secretary of the Justice Department informed Mr. Gresham that his communication had been sent on to the Commissioner of Police, who had forwarded to him (the Under-Secretary) a copy of a circular with reference to the inspection of homes, which had been issued by the Commissioner to the police on the 9th inst. The Justice Department, it will be seen, acted with commendable promptitude, as also did the Commissioner of Police, as the following instructions to the police show:—"Care is to be taken that eveiy licensed home is in future inspected at least once in every two months, and where there is any reason to believe or even suspect that the* infants are not at all times receiving due care and attention, visits at more frequent intervals are to be made. The visiting officer is to endorse the licensee's record book on every occasion a visit of inspection is made, and at all stations where there is a matron a register is to be kept in which the matron will daily record particulars of all inspections made by her. At stations where there is no matron the officer inspecting will make an entry of the inspection in the station diary."
At a meeting of the Auckland Ratepayers' Association, held in the Alexandra-street Hall last evening (Mr. Caleb Wood presiding), Mr.' D. B. Mac Donald said that before the members dispersed he would like to mention a matter that had occurred to him. His Worship the Mayor (Mr. D. Goldie), who was the founder of the association, would shortly be retiring from his office as chief magistrate of the city, and he thought it only right and proper that the association should take some steps to initiate a movement to present that gentleman with some public recognition of the valuable services he had rendered to the city during his term of office. Mr. Goldie had faced the situation fearlessly, and had' wrought great changes for good in municipal matters, and it would only be fitting that they should show their appreciation of his services, and, perhaps, at the same time offer an incentive to other gentlemen of high qualifications and standing to come forward in the public interests. Mr. Wm. Coleman heartily endorsed Mr. Mac Donald's remarks, and after some further discussion, m the course of which the chairman stated that the association had not overlooked the matter, it was decided that the quesion of arranging some suitable recognition to the retiring Mayor should be left in the hands of the executive, together with Messrs. Mac Donald and Coleman. Mr. Mac Donald threw it out as a suggestion that the recognition should take the form of a handsome silver service, together with an address, to be presented- on the expiration of Mr. Goldie's term of office. Nothing, however, was definitely decided as to the form the presentation should take.
The Mount Eden School Committee's annual report, to be presented to the householders' meeting on' April 22, states that tho annual examination in June resulted satisfactorily, 399 scholars being examined, of whom 347 passed, the percentage being 86.9. Reference is also made to the hoisting of the school flag, and to the unveiling of a brass tablet to the memory of Trooper John V. D. Connell, of the First New Zealand Contingent, sometime a scholar of this school, killed in action at Rendsberg, Gape Colony, January 15, 1900. Some changes have taken place in the teaching staff, the most important being the appointment of Mr. A. A. Turner as second assistant, vice Mr. Stevenson, promoted to the charge .if a school. The attendance at the school lias been satisfactory, a slight improvement- being shown upon the figures for lust- year. Prizes subscribed for by the parents and friends of the children were presented tT> the successful ones by the chairman (Mr. F. N. Andrews) on Decembei 20, a noticeable feature being the number who obtained attendance prizes for not being absent for a single half-day during the whole year.
The Roman Catholic bazaar, held ati Cairns' Hull, Ellerslie, last week, for the purpose of augmenting the Father Walter memorial church building fund, fully realised the expectations of the promoters. A sum of about £70 was collected, which has raised the amount in hand to about £100.
It is understood that an inquiry is to be held into the circumstances attending the recent fire at Thames.
An accident occurred at Karangahake on Tuesday afternoon when a large driving wheel for the Talismajj Consolidated Company's new battery was smashed. It appears that the wheel was being hoisted into position, when a bolt in the hauling tackle gave way, and the wheel falling heavily, was smashed. A little delay in the completion of the plant will now probably occur in replacing the piece of machinery.
About a-quarter to nine o'clock last night there was a sound like a report of firearms in the street, and a number of people turned out' of Kidd's Commercial Hotel, and in the offices adjacent, but were unable to ascertain where the sound came from, except that it seemed to be in some of the buildings in the vicinity. The police searched about, but were unable to trace the affair out.
At the Ponsonby fire it seems a member of the Ponsonby Fire Brigade got his foot injured by a nail piercing it. He was removed to his home in St. Mary's Road, and his injuries attended to by Dr. King, hon. surgeon of the Auckland Fire Brigade,:
Mr. George Wallace, contractor for the new bridge at Opitomii, met with an accident. He was superintending the work, when his foot slipped, and he fell across one of the stringers, breaking two ribs. He was taken to Kuaotunu to have his injuries attended to.
There died last week at the North Shore, at the age of 77, Mr. Silas Eastham, a gentleman who had had a varied career. He had been a resident of Southport, England, from 1866, and took a prominent part in promoting its advancement, becoming a member of the Town Council in 1871. He came out to Auckland in the Doric in lbt>4, and remained here ever since. In 1887 he made a flying visit to England, but again returned to Auckland, and to the North Shore. • He was interviewed while at home by the Southport papers, and gave his impressions of the colony, as well as other useful information.
The Devonport District Band will perform the following programme at the triangle, North Shore, this evening: — March, "The Last Shot," Jubb; valse, "The Little Flirt," Wright; barn dance, "On the Lawn," Embury; selection, " Ora Pro Nobis" (by request), Piccolomini; march, The Banks of Allan Water," Round; ' valse, " Birds and Blossoms," Danby ; schottische, "A! Fresco," Round ; march, "Empress of the Wave," Glover; valse (vocal), "Happy Days We Passed," Rose; march, "Soldiers in the Park;" and " God Save the King."
The steamer Fazilka arrived at Suva from Calcutta on March 28 with 1016 Indian immigrants, comprising- 527 men, 449 women, and 40 children. German measles were prevalent for some time on the voyage, and spinal meningitismore or less epidemic— responsible for the death of four males. Amongst the immigrants there was a sprinkling of men oi a special class from the Central Provinces of India. The Fazilka left Suva for Calcutta on the. Ist inst. with a number of returning immigrants.
By tne arrival of the Kia Ora and Adi Raroga steamers from extended cruises in the group we (Fiji Times) gather that Vanu Levu escaped damage by the severe gale which created havoc at Levuka on the 13th inst. The islands adjacent to Ovalau, namely, Wakaya, Mokagai, and Ngangani, suffered considerable damage, more particularly the cocoanut trees situated thereon. Captain Langdale's yacht was wrecked at Wakaya, but his residence escaped. The direction of the gale, after leaving Ovalau, appears to have been a north-north-west one, and to have struck the mainland at Viti Levu Bay. Here the schooner Alice was dismasted. At Ellington fences were blown down and several cattle washed out to sea. At Penang minor damage was occasioned by wind and water. From this point the gale swept over the intervening waste of reef and water until it reached the northern islands of the Yasawa group, which are reported to have suffered considerably through the destruction of cocoanut trees. Captain Barker states that many landslips were numerous all along the Ra and Ba coasts, and that the natives say that such heavy rainfall has not been experienced for years.
A woman, named Murphy was in the lockup last evening on a charge of theft of some blankets.
A shocking burning accident occurred at Seymour (Victoria) on March 30, when, a child of three named Madeline Butler sustained injuries of such a serious nature as to cause her death, while her mother, in endeavouring to save her, was also so severely injured that there is little hope of her recovery. Mrs. Butler was engaged in tarring a fireplace at her residence, having a pot of tar boiling over the lire. Unobserved by the mother, the little girl, prompted by the usual curiosity of childhood, caught hold of the utensil and contrived to overturn it. The tar poured out over the clothing of the unfortunate child, and becoming ignited, enveloped her in a blaze. Mi's. Butler turned to discover the danger of her child. Without the slightest hesitation she rushed into the midst of the blazing mass, and seizing her daughter, rolled her over on the floor. In extinguishing the flames the burning tar became attached to Mrs. Butler's own clothing, and by the tinie"assistapce arrived and the fire was finally got under she was burned almost as severely as the "laid. After being treated locally* it was decided to remove both the mother and child t-> the Alfred Hospital, and this was accordingly done. The shock and the nature of the burns, however, proved fatal in the case of the little girl, who. died shortly after admission. Another shocking burning crse occurred in Little Londsdale-street, West Melbourne, the victim being Rose Callaghan, a little girl of three, who resided with her parents in that thoroughfare.. The child in this instance ventured too near the kitchen fireplace, and her clothes became ignited. Prompt measures were taken to extinguish the flames, but the little girl was, nevertheless, seriously burned about the face, hands, and body. She was removed to tho Melbourne Hospital, where she subsequently died.
A shocking case of suicide by burning is reported from Emu Creek, near Bendigo (Victoria). Sophia Schultz, who was lately shown signs of mental derangement, was locked in her room alone by her husband, an orcbardist. She procured some matches and deliberately set fire to her clothes. The screams of a child attracted the husband's attention, and, rushing into the room, he tore the burning clothes from his wife's body. She was taken -to Bendigo Hospital, where she lingered until the next morning, although suffering terrible agony. She. told the doctor that her injuries were self-in-flicted, and that she was sorry she had not done the deed more effectively.
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LOCAL AND GENERAL NEWS., New Zealand Herald, Volume XXXVIII, Issue 11630, 18 April 1901
LOCAL AND GENERAL NEWS. New Zealand Herald, Volume XXXVIII, Issue 11630, 18 April 1901
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