THE Otago Daily Times. SATURDAY, JUNE 26, 1875.

Otago Daily Times, Issue 4167, 26 June 1875, Page 2

THE Otago Daily Times. SATURDAY, JUNE 26, 1875.

We are sure that the .public of Duneclin, and, we may add, of New Zealand, will learn with much satisfaction thatall proceedings in the celebrated case, Macassey v. Bell, have been stayed and that the difference has been settled out of Court. But one feelino- pervaded the public mind with reference to the case, and that was one of deep regret that such proceedings should have been necessary. Both one and the other of the litigants were men who in their paths in life had wen the respect of the community, and occupied .distinguished positions in their respective professions. Not even the charms of excitement and the liberal gratification of that love of small talk inherent in the minds of the Dunedin public, could prevent a sentiment of regret being widely felt as the trial proceeded, that the occurrences which gave rise to it should have become public. For reasons to which we shall referpresently.wesliallscrupulously refrain bothnowandalways from expressing any opinion whateveriiponthemeriis of the case. Whether the fault lay on one side or the other, or on both, we do not attempt to declare. We' arc quite sure of this, however, that the right-thinking members of out- society here will one and all breatho a sigh of relief at hearing that the ma :ter is settled out of Court. Courts of Justice are, indeed, the most improper and unsatisfactory of tribunals before which to discuss such questions as those raised in this case. If would-be litigants are so-netimes inclined to regret this, the outside world has always reason to congratulate itself when the fact becomes apparent. That there are serious wrongs—wrnngs which corrode the sufferer, and inflict unspeakable distress upon him, and yet to which our public Courts of Justice can apply no remedy, however hard it may sometimes seem' is a truth which we must admit, but without regret. With all i.s modern improvements, and notwithstanding its usual impartiality, a modern Jaw court can do little or nothing when it has brought before it any of those nicer and more delicate' questions of propriety and honour which are the outcome of civilised social life. We might as well expect a country blacksmith, accustomed to wield the sledge hamm.-r and shoe cart horses, to construct one of our finest and most delicate mechanical instruments, as expect a Court of Law to right certain wrongs. To admit this i.s by no means to regret it. We should deprecate nothing more than an effort to make a resort to law more, facile in such matters. Let it be acknowledged at once that no possible system can or ought to be invented which can take cognisance of all the matters brought up in the case we have refei red to. Wu may add still further, that if a Court of Law is an unfitting tribunal before which to discuss these delicate questions, the public newspapers are still less fi proper place. In common with our contemporaries, we have agreed to exclude from our columns all reference to this matter. We believe that in this decision we are acting for the best, both in the interest af the public and in the interest of those more especially concerned. Whatever private animosities may exist—as of '■ jourse they must exist—they will be ', ■omented and not allayed by letters to ' ;he papers. As a community, we have , i character to lo>e or to sustain, and it , s neither creditable to our character , Lor interesting to the public to discuss ( >rivate feuds in public. Is it too much i o hope that the unfortunate differences ; finch have arisen during the past year I ietween various members —- distin- I ;uished members—of our society may - :ow be set at rest? There is nothing ■■> abe gained, and everything to Vie losC c y pursuing the quarrel any farther. * Ye cannot too highly compliment the ll tigants in this particular matter for r fiving settled their differences out of h iourt. May we not hope that their v sample will be followed by all directly ° r indirectly concerned, and that the v üblic will hear no more of the whole n ling. The opportunity is now offered j! > all to start, as it were, with a clean ! »eet. Let him who first stirs up the □fibers be regarded as a public enemy. -Ithough the quarrel has liy no means a een confined, what quarrel ever was con- ", ned, to (its original narrow limits, it is ofc too much to expect that those con- D jrned in it will do their best to let it t r°P- . " We have had evidence very recently fr ■ the difficulty of staying such feuds. in ; would be a sad pity if our leading fo tizens were one by oue .to be drawn m

| mto the conflict, and if our chief men j were gradually to bssoigjPs^& oc:«q>y Hostile camps^^^gpg^ eacll -other from their posing basements. ou^ a ,g°°d-#fcal..af :fo||earance v.wili oe necessa.y,; and a' goddloleal of effort; required, to put an endtto%U the .disagreeable feeling excited.; %(tnink however, that we Jiaye Height foWnect that the matter should.;go.ub?fitrj;her, 1 ufc that the disputants'^- one aucfciall] should let bye-gones be byergones/and ''Hiy the wretch* d past. Quarrels are like epidemics, and it is notable that the medical' proVeSion, no less than the legal, are just now in a perfect cauldron of hot water. The public, one..and all, except a few-mem-' uers afilctedwith an incurable zeal for exciting gossip, desire to hear no more ot any of these squabbles. Let us proclaim a truce, and declare that the first man who breaks that truce should be hunted out of our society, ostracised as unfit company for peaceable citizens.

Thk Sanitary Committee's report, brought up at Wednesday's meeting of the City Unmcil, and published in our issue of inursdny, ls ln many respects a very singular document indeed. It commences by calling the attention of the Council "to Mes-rd Smith and Anderson's letter of 2hth May, 1875, by which it appears that the clauses of the Public Health Act regarding the use of earth closets are inoperative and void, pending amending legislation,7' and straightway goes on to recommend that the City Solicitors be requested to draft an amendment Bill, to be introduced into the General Assembly at the ensuing session, "to remedy all known defects" in the Act. Now that the Public Health Act has proved itself to be defective, not only as regards earth closets, but that it is almost or entirely unworkable altogether, in its present shape, we take to be now pretty widely known and generally admitted ; but why the Corporation of the City of ihmedm in particular, should be saddled with all the trouble and expense of remedying " all known defects " of a public Act, applicable to all parts of the Colony alike, we confess ourselves I to be utterly unable to divine. .Besides admitting for a moniriit that it devolved upon the City Council to prepare and introduce a Bill to amend the Governmeiit's Act of last session at all, we should like to know what prosDect there is of getting the proposed" draft in i tune for introducing into the Assembly during the ensuing session. We put this question the more pointedly just now, in view of the double failure of the Council to obtain a draft of the proposed new Corporations Act. Year after year, as it would seem, the Council have been literally "sold," and session after session will have been allowed to come and go, because " there has not been sufficient time to prepare a draft;" and yet, in the face of all this, the Council votes for another draft Bill to remedy all the^ known defects of the Public Health Act, and that even within a comparatively few days of the meeting of the Assembly. Keally, we are inclined to say—" D..n't you wish you may get it V' Seriously, we .suggest to the Council to embody in a concise form the particular amendments they cauceivo it to be necessary or desirable thero should be made in the Act, and to take such further steps as shall ensure their views being brought under notice of Parliament. If they will only do this, we think there is a fair prospect of their being successful. If, however, they prefer to wait for a, draft Bill from the Corporation solicitors, we should think past experience will have convinced them that the case is a hopeless one. There, aro some other peculiarities about the Report, which we shall probably notice on a future occasion.

The steamer Omeo is expected to leave Port Chalmers at 230 p.m. to-day. Telegrams for the Australian Colonies via Java Cable will be received at the Dunedin office for transmission to Port Chalmers up till 2 p.m. Our Wellington correspondent telegraphs : — "The Provincial Government have formally protested against the stopping of the capitation money, .pointing oat that by the Act of IS7I interest and sinking fund can. only be charged against the land fund, or if that is insufficient the deficiency is to be raised by direct tax. The General Government has not complied with any of the provisions of the Act to enable them to charge the Province.—The Post to-night points ou fc that any exhibits the Colony can send to the Philadelphia Exhibition will be very insignificant in comparison with America's own. Tuu exhibition of some articles is not likely to direct men,- money, or trade to the Colony, and but few persons perhaps will get medals or certificates. If the Colony wishes really to benefit by the exhibition, it should send a Commission of competent practical men to report on the exhibits of other places, especially of labour-saving machinery and an improved system of manufactures suitable to our circumstances, it urges the Government to ask Parliament to vote a su.n for the purpose.—The N.-Z.S.S. Co. have received from Home tenders for building two splendid new boats, larger than the Hawea. Their directors have recently taken up the whole of the balance of the Company's shares, which will provide funds for repairing the whole of the present fleet. Within the past year the bank overdraft has been reduced from £45,000 to .120,000, and large dividends paid. To enable them to compete with the Union Company, they will get new boats of a superior class, and they intend in a few days to enlarge the capital to £150,000 by the issue of new shares." Our Auckland correspondent telegraphed last evening :—The .Waikato Swamp Company are spending a thousandpounds monthly draining their property.—The Government Lind Purchase Commissioners are acquiring l«nd from the Natives in the North. They have purchased two fine blocks of more than 29(55 acres near Wangarei.—Sir George Grey has excited a strong feeling at the Thames against the General Government by his replies to deputations relative to the dealings of the Government with the Goldtields, which, he said, would not be attempted by the Czar of Russia, the .Emperor of China, ar any other autocrat. He briefly stated that he charged the Government with leasing ill timber and water rights on the Taiaru Aock for forty years, privately, iv the past, xfore purchasing the block ; with illegally leducting money from the goldSelds revenue md squandering it, without supervision, at )hinemuri.; and with buying lands for private individuals. In reply to a deputation irgiug the construction of the Waratahi ■oart, he said that the General Government tad unlawfully stopped the Provincial revenue, but he might be able to recover some if it through the Supreme Court. He exiressed surprise that the Thames people had iQt petitioned the Assembly against the mmg done them by stopping their goldelds revenue to squander it at Ohinemuri. L monster petition is now being prepared. Hu Honour Mr Justice Johnston enlivened somewhat dry legal argument yesterday by laking a suggestion ji'hiuh brings to mind lie peroration of Mr Fhzherbert's famous me hours" speech, in which he declared that jury of matrons had examined the policy o* le then Government, and found it barren, he cisc before the Court was an appeal om the decision of the Resident Magistrate i Outred v. Hyman, giving plaintiff dacnages >r the detention by the defendant of asewinglachine recovered from the wreck of the im-

l migrant ship Sweat. One of the points argued - was whether the sewing machine should be L regarded in the same light as tools or brdi- , nary implements of trade, or as an article of . household furniture, might'be regarded ? as part of the "luggage ■of immigrants. His , Honour could Knot i see why-a distinction should be made between the sewing machine . used by a sempstress; to eke out the scanty earnings of her} husband, and the sewing machine used byV.a thrifty lady of the " upper ten," who seeks to save herhusband a few shillings. He suggested that a Jury of matrons should be empannelled to^assict them ■ m determining the proper status of this useful invention. Mr -Outred and his better half ' will, however, now be entitled to receive the ■■ value of their lost machine without the aid of a special Jury of wise matrons, as His ! Honour ultimately decided that the decision 1 of the Magistrate should be upheld. • From our London cablegram in the present ' issue, it will be seen that the tenders for the 1 San Francisco permanent service have" been opened, and that the Pacific Mail and Kail way Combination is the lowest, the amount being £89,500 via Fiji, or £74,500 via Aucki land. On Monday, in our summary of English news, we published a telegram from our Auckland correspondent, to the effect that this is one of the largest, if not the very largest steamship company in the States, and their uatne is a guarantee that neither ability nor capital will be wanting on their part to make the line a success. The City of Pekin, next to the Great Eastern, the largest steamer in the world, belongs to tliis Company. From our report of the proceedings in the Supreme Court yesterday, it will be seen that the case of Macassey v. Bell has at last been finally settled. The defendant admit* to be untrue and unfounded, and withdraws, every imputation contained in the wellknown article which appeared in the Evening Star, reflecting upon the conduct of Mr Macassey, in connection with what many called the famous Chinese Petition. In compliance with the terms of an agreement between the parties, an application was made and granted yesterday, for a rule to stay all further proceedings in the case. Our attention has been directed to the fact that several local drinking fountains—" pepperboxes," as they are humorously called —are valueless either for use or ornament, not being in working order. The reprehend sible practice of leaving an open drain across a footpath in South Dunediu, for a, period of over eighteen months, has again resulted in an accident, a gentleman named hooper having there recently broken his arm. He is bufferittg considerably. The City Corporation might have these grievances rectified. We notice by advertisement that the Rev. William J. Dean will preach to-morrow morning and evening in the Temperance Hall. Litigants will see by perusing our report of the llesident xMagistrate's Court, that His Worship yesterday decided that the B iliff should collect all hearing fees before administering the usual oath to plaintiffs. It appears that some loss has ensued through this system not having been previously ad.pted, many parties forgetting to bring the required amount with them. The workmen win have been thrown out of employment by the stoppage o£ Strachan's railway contract are fretting under the enforced idleness, and with the view of shortening the term they met yesterday and prepared the following memorial to the District Engineer, Mr Blair: —"The undersigned memorialists, workmen that were engaged upon Mr Straahan's coatract of the Dunedin andMoeraki railway, respectfully submit: Firstly, that in consequence of the stoppage of the contract they are thrown out of work. Secondly, that the arrears of pay due to them being excessively hsavy they are in a measure prohibited from seeking employment elsewhere, as they are naturally desirous to remain in the locality in hopes of obtaining that which is justly owing to them. Thirdly" the whole of them being in straitened circumstances, they find it difficult to provide the necessaries of life whilst remaining iv a condition of idleness, and all being desirous and ready to work, they would respectfully suggest that peuding the final decision of the Government respecting the further letting or transferring of the contract, you would kindly find employment for your memorialts by resuming the work of this contract under the supervision of the Government in- '■ specting engineer. And your memorialists will ever pray, " &c. A deputation from the whole number was despatched to Dunedin io obtain an interview with Mr Blair, but we have not heard the result of it. Our volunteers are at last to get a substitute for the somewhat dilapidated and obsolete weapon called a rifle with which they are now armed. A General Order issued by the Captain commanding the district notifies that officers in charge of Cojps of Volunteers are to send into store the rifles at present in use, whure they wi;l receive Snider breech-loaders in exchange. This should reduce the number of complaints w<nich Volunteers are constantly making. Example is generally said to be better than precept, but His Honour the Judge appears to thiuk it is not equal to a good lecturing. On the Court resuming at the close of the mid-day adjournment on Thursday afternoon, His Honour —as readers have seen in our issue of yesterday—was rather "rough" on Mr W. D. Stewait for taking twenty-three minutes to do justice to a sub stantial meal, whereas His Honour had adjourned the case for twenty minutes in order . to refresh the inner man with a biscuit and a sandwich. Mr Barton, who also came in late on the same occasion, though he appeared to have quietly dropped in and taken his seat, unnoticed by His Honour, was reminded during the afternoon that he hid come in late and Mr Haggitt's slight want of punctuality was not referred to at all. The consequence of the observations of the previous day was that the gentlemen of the bar, instead of taking a substantial meal in some palatial restaurant in the vicinity of Princes street, took a simple luncheon in the Court or its neighbourhood. They were not only punctual in attendance at the moment at which the Court was to resume, but were assembled some minutes beforehand. His Houour's arrival was expected to the very moment. After he was 30 seconds behind time, eyes were anxiously fixed on the clock. Three minutes behind, and it was felt that Mr VV. 1). Stewart was avenged ; and it was nearly five minutes after the appointed time before His Honour took his seat on tho bench. Punctuality apart, it is a fact well ascertained that a hot inncheon is an excellent fortification in a cold Court. The mid-wiuter recess of the Port Chalmers Grammar School commenced yesterday. The scholars assembled in force, and received their final dismissal in the presence of Messrs Thomson, Elder, Drysdale, and Thomson members of the Committee. Mr Thomson shortly addressed the children. He hoped that they would enjoy the holiday, and return to their books with renewed health and inclination. Mr M'Kay, the rector, then gave the word,, and the scholars dispersed with all the hilarity of youth. It was anticipated that the}' would re-assemble in the new scht ol in Mount street, ?jut we regret to hear that the building is very far from fin'shed yet, and certainly will not be ready in time. However, better late than never. Another of those unnecessary "scenes," which are calculated to make our Law Courts notorious., occurred in ihe Evident Magistrate's Court, yesterday morning. When

■ Mr Denniston was contending that he had • no case to answer, and apparently shrugging ; his shoulders, : His Worship called him to order by auttforitatiyely remarking^that there be no'v posture iriaking^hd ' f hruggmg of shoulders here." The leaked counsel disclaimed any idea of makinMs- ■: tures, and declared that he knew how^io conduct himself like a gentleman in Criurt. ■ Me was about to give an opinion wh&His ■ Worship reminded him that it-had been ; already Jaid down in the Supreme Court that counsel must "submit" and not give an ■ opinion. Mr Denniston replied that he ; 'submitted with very great reluctance." Shortly afterwards he spoke apologetically, and His Worship n.iively replied that it was ; very natural for " young counsel" to be very ■ zealous and apt to make objections. Mr Denniston decid. dly demurred to being called a " young counsel," having had several years' i practice. This is not the first time that the : learned counsel has had to coinplaia of such an appellatien since his arrival here and considering that he is between 30 and 50 ; years of age the indictment is very inappropriate and must fall through. A "few very pleasant hours were spent last evening by some twenty members of the : banking fraternity, at Wain's Hotel. The occasion was a complimentary dinner to Mr George Morrison, the late accountant of the National Bank, on his assuming a similar position in the Colonial Bank. Mr W. J. M. Larnach occupied the chair, anc in a very neat speech, proposed the toast of the evening, "O.ir Guest." The chairman paid a high compliment to Mr Morrison's abilities and the steady manner he had discharged his duties. Mr Morrison replied in suitable terms,and regretted severing his connection with so-many old friends. Some first-das songs were given, and the company dispersed at an early hour. Mr George Sykes presided at the piano., and Mr Jones provided the creature comforts in his usual first class style. Mr James Brcadfoot, who lately resigned his situation as postman," an office which he filled with zeal and ability for over 12 years, was invited to meet a few friends' of South Ward last evening, at the Gridiron Hotel, Princes street. Mr J. B. M'Culloch having been called upon to preside, after a few wellchosen remarks eulogistic of the recipient, handed Mr Broadfoot a purse of sovereigns as a slight token of the attention and courtesy with which he had discharged his responsible duties. The subject of the grammatical errors of the inhabitants of the three Kingdoms came up in an incidental way at the Banco sitting of the Supreme Court yesterday. Some remarks wtre made as to whether the man who used "will" for "shall," and "goes" for some other form of the verb •' to go," was a Scotchman or an Irishman. It was said that he was an Irishman, upon which His Honour made the observation: "Englishmen and Scotchmen make as bad grammar as Irishmen." Three young lads, who-e ages vr.ried from five to nine years of age, appeared before the City Bench yesterday, charged with stealing a number of fowls. These youngsters bol ly went to a poulterer in the Arcade, and offered them for sale. It was but reaable to suspect that they had not come by them honestly, yet the purchaser contented himself by asking how much their mother wanted for them, to which one of the boys implied with remarkable precocHy, "The highest price you can give," and they were sold for 3s 6.1 a pair. When giving evidence the shopkeeper said that if they were to refuse to purchase from such as the accused they would lose the greater part of tiieir trade. Perhaps if the law for receiving stolen property was enforced, they would be content to do so. Our Christchurch correspondent states that—A somewhat curious case was tried at the Resident Magistrate's Court here the other day. It was no less than an attempt by a constable of getting upon a railwayengine while in motion. The constable admitted the offence, but stated that on the date named in the iuformatiou, the engine was just moving out of the station, towards Christchurch, when he stepped on to it. He had been collecting witnesses to attend an inquest, and if he had not taken advantage of the engine to reach Clmstckurch, he would have been guilty of a serious breach of duty. The Magistrate stated that though \ accused had done wrong in getting on to the engine, y e t, considering all the circumstances of the case, the charge would be dsimissed. At a general meeting of the St. Paul's Yo'ing Men's Association last evening, several recitations, songs, and. readings were creditably rendered. The President (Yen. Archdeacon Edwards) oceupie I the chair, and there was a numerous attendance, the lady teachers of St. Paul's Sunday School and other friends having been specially invited. Xlr A. J. Towsey kindly presided at the pianoforte. The Chairman, in an appropriate address, presented eleven handsomely bound v .luines, of the Bible, the works of Josephas, and the Study of Holy Scripture, to Mr Ranfcin, a Sunday School teacher, and late Vice-f resident of the Association, who proceeds to till an appointment at Clinton. When returning thanks to the chairman, the Association, and the Sunday School teachers for their beautiful gifts, Mr Rankin said he thought of eventually returning to Dunedln, where he had been cordially welcomed and found many friends. The proceedings were terminated with an evening hymn and the Natioual Authein. Our Wellington correspondent writes: " The rumour which I recently chronicled as to the probable early retirement of Mr Gisborne from the civil service is confirmed. He has, I believe, fully made up his mind to claim his pension, and will probably have little difficulty hi getting a seat in Parliament at the next general election. His office as Commissioner of Annuities is scarcely hkely to be filled up again, as such an officer can very well be done without, the duties being discharged by one of the Ministers." The Dunedin correspondent of tie New Zealand Times sent the following telegram to that journal, on the 2nd insr.:--The Press Amateurs, now known as the Peripatetics give their first country performance at Por* Chalmers, 3rd Ji%, in. aid of the hospital funds of that pi ice." We commend this highly imaginative message to the Good Templars, as another terrible example of the fearful effects of "strong liquor and bad tobacco." The annual social gathering of the Dunedin Artillery Band took place iv the Temperance Hall last evening, and pissed off very successfully. About fifty couples were present, and dancing was kept up with con. siderable spirit until the morning began to dawn. The various officers of the local volunteer companies responded to the Band's invitation, and appeared in uniform. Mr Dunning catered in first-class style. .-.,-■. The members of the Press Dramatic Club who are engaged in the performance to be given on Saturday next at Port Cbalmers are requested to meet for rehearsal at the Club Room this afternoon at half-past two o'clock. We would also remind members of the Press Club that a special general meeting will be held this evening at 7 o'clock. ** Mr Rainford, assistel by Misses Morrel and Wheeler, and Mr Denovan, gave a wellattended concert at the Masonic Hall, Port Chalmers, last evening. There was an improved attendance at the Queen's Theatre last evening, when Mr Eastwood, agent for Bachelder'a panorama of Paradise Lost, took a complimentary benefit. Mr J. Moran and others gave their assistance and the programme was of a very attractive oescritjtkin.

Mrs Bates took her benefit at the Princesß Theatre last evening. The attendance wa ß good, butrfc was hardly equal to what!was to be expected on a night announced a^aJbenefit night. The chief "part of the performance was the ever-enjoyabJe . comedy of the Honeymoon," in which Mrs Bates appeared as Juliana. She gave a capital rendering of the part as regarded shrewish ways, but shewed a tendency to indulge in drawl where vivacity was required. Mr Stoneham is to be complimented upon his impersonation of the mock duke. The other characters were on the whole, fairly sustained. The programme concluded with the. after-piece of Bamboozling," which was enacted with great spirit The leading parts were taken by Mr and Mrs Bates and Mr Mus«rave and with so much effect that the audience were convulsed with laughter. The finely written comedy and clever after-piece of last evening were a realplersure fc> witness, after such a drama as "East and West "