THE OTAGO DAILY TIMES FRIDAY, JANUARY 28, 1887.

Otago Daily Times, Issue 7782, 28 January 1887, Page 2

THE OTAGO DAILY TIMES FRIDAY, JANUARY 28, 1887.

The execution of the four convicts principally concerned in the Mount Rennie outrage in Sydney will, let us hope, have the effect of removing from the public mind the memory of a revolting incident in the annals of the Colonies. The infliction of the death penalty on so large a scale, and on mere youths who, had they but overcome the horrible promptings of an unhappy moment, might not conceivably have been destined to a life of crime, was certain to evoke a good deal of public feeling, with perhaps more of sympathy fr-r the condemned men than such a crime as theirs would under any other circumstances warrant. The fact that the same crime does not within British domiivons usually carry with it the last penalty of the law contributed materially to the agitation on behalf of the prisoners. All these efforts, however, were unavailing, and we cannot but think that in the inI terests of society the Governor and the Executive of New South Wales were quite right in allowing the law to take its course with the fourcrirninals, of .whose guilt they entertained no doubt at all. Assuming that a sense of duty ••to the whole comunity was paramount in their minds as against the natural promptings of mercy—in a case in which the merciful view would certainly have been supported by a considerable as well as an influential section— it is difficult to see how they could have acted otherwise.

The main grounds of the petition for clemency were the impropriety of capital punishment in cases of rape, and the impolicy of an act which would exhibit New South Wales to other countries in an odious and barbarous light. It is clear that at that particular juncture there was no validity in either of these arguments. It was neither the time nor the occasion for raising the question of capital punishment. In New South Wales the existence in the Statute Book of such punishment for the particular offence in question was not to be accounted for as the heritage of a bygone age, originally called into us« for reasons that had lost their force, or for conditions that had been largely modified. On the contrary, it was the policy deliberately adopted into the criminal jurisprudence of the Colony at quite a recent date, and for the purpose of coping with an evil that was assuming such proportions as to be dangerous to the safety and welfare of the community. The object of all punishment is not vengeance on the criminal, but the prevention of crime. Capital punishment either has a deterring influence upon crime or it has not. If it has not, then it is equally unjustifiable as a punishment for murder or treason j and if it has, the Legislatureof any country may properly use it as a weapon to deal with any crimes that become a permanent eource of danger to society. It was never intended that the Crown, by the exercise of its prerogative, should render nugatory the laws of the country. On this head nothing could be more judicious than the language of Lord Carrington to the petitioners. "If in this instance," he said, " I accede to your application, it seems to me that I must necessarily do so in all future cases, for a worse case than the present one can scarcely imagine. In doing so, should I not in effect be repealing the present law, and b« setting my own arbitrary action against the deliberate decision of the peoplo of this country, as expressed by their own elected representative in the Legislative Assembly and by the Legislative Council as well f In the exercise of the prerogative of pardon a colonial Governor has the power, after having given due weight to the advice tendered him, to act upon his own arbitrary will, for unlike the Queen, who can do no wrong, and who delegates the prerogative absolutely to the Home Secretary, he is himself responsible for the act; nor can he, as in matters of local administration, shift the responsibility on to the shoulders of his Advisers. In the present case, however, Lord Carrington took what was at once the safest and most judicious course, and performed what he truly called " a terrible duty" in such a way as to keep in accord with his Advisers and uphold the law of the Colony.

As for the plea urged by Sir Henry PaVkw that it would b'eana'ctdf im-

policy to carry out so many executions, it seems to us to involve an odd confusion of ideas. We can well imagine that the repute of the Colony of New South Walt s might be impaired by the prevalence of serious crimes such as the Mount Rennie outrage, but we are at a loss to understand how such a result could be produced by the punishment of them. If crime is to be punished only when it is comrnittel by i-olitary individuals, the sole result would le

that criminals to secure their own safety would organise. "Let us go at it together ; they can't hang four of us" would be the very natural and logical conclusion at which they would arrive. If the capital sentence is justifiable for one individual, it is proper for four who have been equally associated in the same crime. A public execution is always a painful shock to many sensitive individuals ; but what the law is concerned with is the suppression of crime, and if stern punishments are necessai-y for that purpose they must be carried out without reference to the objections of the philanthropic or the sensations of the weak.

There is one feature of the Mount Rcnnie case which is worthy o? attention as being a departure from ordinary practice, ani one the perpetuation of which would certainly be a serious evil. We allude to the practical reopening of the case by the Executive. It is not the function of the Executive, and it has never been the practice in England or the Colonies, to travel minutely over giound already covered by the legal tribunal that originally heard and pronounced upon the case. Neither the Governor nor the Executive are intended to fulfil the functions of a Court

of Appeal in criminal cases. To con-

stitute them such would be to remit to laymen the task of reviewing the work of judges who had been specially trained for the purpose, and who had all the facilities lor arriving at a correct conclusion which

the conditions of formal trial a;e

intended to yield. The true function of the Home Secretary and the Colonial Executive is to judge whether upon the general aspect of the case there is ground for the exercise of the Royal clemency ; or with the assistance if the judge or judges who tried the case to gauge the value of such new evidence as may have come to light since the trial. The Executive Council in Sydney seems to have travelled a good deal beyond this, and to have practically re-tried the case. Such departure from the ordinary course was doubtless prompted by a heavy sense of responsibility ; but it is certainly not one which is to be commended in the interests of the administration of justice.

The half-yearly meeting of- the Colonial Bank is always looked forward to with considerable interest. The result of its operations is generally regarded as an excellent sign of the commercial advance or retrogression not only in Otago, but throughout the Colony. The report published yesterday shows what might have been expected— namely, that without having made any gigantic strides, business hae been healthy and sound and the position more than maintained. The figures show by comparison as follow (the figures of last j half - year being placed in .brackets) :— Deposits, £1,564,247 (£1,597,370); reserve fund, £4G,000 (£45,000); bills discounted and other debts, £1,713,931 (£1,780,212). These are the more important items, and from these it will be seen that there is a falling off in deposits lfor the half-year of £:->3,G23, though there has been an increase during the year, as noted by the chairman, of £1-17,000. Bills discounted, &c, are smaller thaa at last half-year by £66,281, but larger, as shown by Mr M'Lean, by £30,000 than they were this time last jear. The differences are natural, having regard to the difference in the business included from January to June and that from July to December. It is a subject of great satisfaction to the trading community, and almost generally so to the banks, that deposit rates of interest have been reduced. Our local banks were dragged into the arrangement against their judgment. The Australian banks insisted on the policy, and the local institutions could not but accede, however unwillingly. The logic of figures has proved conclusively that the increased rate was impolitic, and it is very satisfactory to find that the rate has now been brought lower again. It has profited no one, least of all the banks, to divert money from its natural channels by inducements of an unreasonable rate of interest. The chairman, in moving th j. adoption of the report and balance sheet, made some remarks which very neatly express the attitude of colonists at the present time. We are all determined to live on this year's earnings, not on the prospects of the future. Land is held for no speculative purpose, but valued by the holder at what can be made out of it. The householder has to take what he can get rather than allow his property to stand idle. " One has the feeling just now, as this new order of tilings is recognised and the people are adapting themselves to it, that if New Zealand with its great advantages and vast resources cannot pull through—well,- Heaven help the other Colonies." But we have no fear but that New Zealand will "pull through " now that we are coming to our bearings and recognise that we must work out our future for ourselves.

Some interesting particulars as to the various systems of land settlement at present in force which were given in the sddre*s of Sir Robert Stout, with a letter to the editor, appear on our fourth page.

Our cablegrams this morning announce that the German Government have notified that they have acquired the sovereignty of the Solomom Islands group near New Guinea), which are within, the line recently agreed on between Germany and Great Britain, to the north of which the latter Power was to confine her projects for the acquisition of uew territory.

The trial-of Hall for the alleged murder of Captain Cain was resumed yesterday, and great headway was made with the evidence for the Crown. The examination of Drs Macintyre and Drew was finally disposed of, all the police evidence was got through, also that of nurse Ellison and the chemists and assistants who had made up prescriptions for Captain Cain. The expert evidence will be commenced to-day. One rather singular incident in yesterday's proceedings was the inability of three assistants at Watkims' dispensary to identify the handwriting of oue prescription entered in the daybook of the establishment. One of the assistants named Selig thought that the writing was that of a fellow employe named Stewart. The latter when put in the box contradicted this, and thought it was the writing of Burrows, a former assistant in the ahop ; but Burrows, a witness who it seems has been brought down specially to testify to this entry, when sworn, was found to have no knowledge at all of the writing. Finally Mr Willway, the bookkeeper, was questioned, and was equally unable to give any information upon the subject.

The work of clearing away the debris from tho scene of the recent fire iv Bond street was resumed yesterday. A good number of men were engaged on the work, but owing to the great quantity of ironwork which is mixed up with the bricks, the rate of progress is rather slow. No trace of any further bodies has as yet been found.

The evidence with regard to the collisiou be^ tween the s.s. Omapere and the dredge No. 222 ■was concluded at the Resident Magistrate's Court yesterday before Mr E. H. Carew, R.M., and Rear-admiral Scott and Captain Orkney, nautical assessors. Mr G. M. Barr, engineer to the Harbour Board, stated in his evidence that the repairs to the dredge would cost £300 or £400, in addition to the cost (£7OO or £800) of raising and docking her. At the conclusion of the inquiry Mr Carew intimated that the court would visit the scene of the collision on Saturday and give their decision on Monday aftear ntfdn. ■

The Harbour Board have decided^ jteft* the matter of naming the streets in the reclaimed

block between Rattray and Stuart streets to the

Minister of Marine. It has been suggested that one of the streets be sailed Jubilee street.

and another one, of semicircular shape, Victoria crescent.

Mr Macaudrow, M.H.R., has given notice that at the. next meeting of the University Council he will move:—" (1) That in the opinion of this council tho affiliation of the Otago University to the University of . New Zealand was

a mistake, one of the results of which has

been to discourage well-to-do settlers from

granting endowments. (2) That in the interests of higher education, it is expedient that the Otago University should resume its position as embodied ia the statute under which it was originally constituted. (3) That application be again made for an Imperial Charter under which the degrees of tho Otago University would be recognised throughout the empire."

A meeting was held last evening in the committee rooms of the Lyceum Hall to discuss what steps should be taken to have a temporary bath formed in that portion of the harbour.frontFrederick street. Mr W. M. Bolt, who was elected chairman, in briefly addressing the meeting, stated that in company with Mr Christie he had gone to the Harbour Board's office that day, a few minutes before the board's meeting, and in conversation with some of the members it had

been suggested that Mr Christie and himself should writ© to tho board requesting that this site bo granted for bathing purposes. He also

added that Mr Ross had informed him mci

dentally that though the site might not be granted for any great length of time, still there was every probability of its not being re-

quired by the board for some years to come.

Acting on the above suggestion, he and his friend had written au application to the board, and their application had been granted. After

some discussion the following resolution was

carried unanimously:—" That a committee be appointed to communicate with the City Council, asking that that body would enclose with a

suitable fence an area of water, of some 200 ft by IGOft, for bathing purposes, in that portion ol

the harbour fronting Frederick street." The usual vote of thanks was passed to the chairman and the meeting terminated.

. M. Mas Muret has shown us in a boat upon tho harbour the practical operation of a mechauical oar which he has iuvented and patented. It consists of a bar, which the rower pushes backwards and forwards, thus setting in motion a pair of paddles with valves, which work upon exactly the same principles as a duck's feet. The oars can be worked without any previous knowledge, aud economise

labour considerably. They can be fitted to any boat in a few minutes, and by a clever invention their action can be reversed by a twist of the wrist. Whilst it is not likely that these machine oars will supersede the original article, they ought to be of great use to water parties who are not experienced in rowing, and enable anybody to work a boat at reasonable speed with very little labour. Mr Horace Davey has been associated with M. Muret in working out this ingenious invention, out of which the.patentee hopes to make a handsome profit, as the cost of manufacture will be no greater than that of

ordinary oars.

At a special meeting of the Hospital Trustees on Wednesday Mr H. Houghton was elected chairman for the year 18S7, and committees were appointed as follow:—House Committee: Messrs Houghton, Isaac, Wardrop, and Dr Hislop. Finance Committee: Messrs Isaac, Houghton, Robin, and Green. Visiting Committee: Messrs Robin, White, Fagan, and Dr Hislop. Mr James Mills (of the Union Steam Ship Company) was elected an honorary life member of the Dunedin Hospital. The following resolution was carried :—" The trustees have pleasure iv placing on record their appreciation of the services rendered by the honorary medical staff aud students of medicine, the secretary, matron, and staff of the hospital under the exigencies of the circumstances connected with the disastrous fire that occurred at the Woodware Factory on Sunday last, the 23rd inst." The Garrison Hall at Port Chalmers is fast approachiug completion. The contractor! (Messrs Bauchop and Co.) are vigorously pushing on the work, and the hall is expected to be finished in about three weeks' time. There were some heartburnings on the West Coast over the turning of the first sod of the Midland railway. The West Coast Times says:—" As was anticipated, very fewpersons left Hokitika to witness the turning of the first sod of the Midland railway. The insult; to the whole district in general, and the Westland Land League in particular, was so palpable that to go implied a want of self-respect. If the Grey people had got up the demonstration and paid the costs we should not have cavilled at anything they did; but as they were only stewards for the company and contractors, who avowed themselves ignorant as to whom invitations should be sent, only desiring to make it purely a West Coast affair, we cannot but look upon the slight to the people south of the Teremakau as an intentional one." Atthemeetingof "old identities "in Wellington to celebrate the anniversary day, several of those present gave some interesting reminiscences of the early days. Mr John Plimmer narrated that while in the bush felling a tree he was surprised by seeing a tomahawk whiz by his head, and the next moment he noticed a savage-lookbg Maori chief brandishing his tomahawk. Mr Plimmer snatched up his axe, and twirling it round his head to show fight, had the satisfaction of seeing his foe make his way through the bush as quickly as possible. Mr Bassett, another oia colonist, said he remembered that shortly after landing at Petone a fire broke out in one of his neigbour's cottages, and the building was burnt to the ground. In the middle of the night there was a great earthquake, and by the morning the whole place was flooded, there being 2ft of water in his house. Mr Bassett said he never felt more inclined to leave any place in his life than ho did on that eventful occasion, but not having the means he was obliged to stop, and he had been thankfnl ever since that he did stop. An explanation of the cause of the heavy sea which has been rolling in upon the New South Wales coast lately, and which was at first attributed to a subterranean disturbance, is given by the Sydney Morning Herald. It appears that the French steamship Caledonieu which arrived at Sydney from Noumea, encountered a cyclone for two days after leaving that port. The storm was accompanied by a tremendous sea, which brolie over the vessel repeatedly, but without doing any damage. The wind where she was veered from N.W. round to W.S.W., but the centre of the storm was to the southward of her. The sea on the New South Wales coast is said to have been • the heaviest experienced for many years, one gentleman who was out yachting estimating the height of the waves between the heads at 15ft.

The Rev. Mr Poster, late of Timaru, was publicly welcomed on his arrival at Bathurst to take the position of head pastor of the Congregational Church there.

Sir John and Lady Orde and party, who are now stopping at the Grand Hotel, intend making a tour through the colony, and have just returned from the Lakes district. Sir John is a deputy-lieutenant of Argyleshiro, and was lately a captain in the 42nd Highlanders. He owned the Island of North Uiuce in InverneEsshire, and is also the proprietor of the Kilmoray Loch aud Gilphed estate in Argyleshire. On these estates there are no less than 5000 tenants. In returning from th« Lakes Sir John .broke his journey for a few days, and was the guest of Mr H. S. Valentine, of Waimea House. During his stay he visited some of the properties on the New Zealand Agricultural Company's estate.

The first performance of the Dunedin Private Amateur Dramatic and Operatic Club will take place this evening in the Lyceum Hall, and will be under tbo patronage of his Escellency the Governor and suite, and of Sir Robert and Lady Stout. A largo number of seats have been already secured, and there is almost sure to be a crowded house. There are still a few subscribers' tickets available, and as these give admision to the whole series of performances at a nomiual charge they are likely to be in demand. This evening the piece will be Byron's comedy of " Partners for Life."

The Perpetual Trustees. Estate, and Agency Cempauy will sell oa the 15th February the late residence and grounds at Glendermid of Mr J. Aitkeu Connell.

Mr X). M. Spedding will sell freehold land In the North Harbour and Blueskin district on the 11th of February. Messrs Donald Reid and Co. have altered the date of the sale of fat and half-fat cattle at Mosgiel, and it will now take place to-morrow instead of Monday. Under the Property Assessment Act. lire and maune insurance companies must make a' statement of all premiums received and premiums paid in respect of reinsurance by the 26th of February. The half-yearly meeting of the Carrick Kange Water Supply Co. will be held at Cromwell on the Ind February. A sitting of fche Assessment Court for the borough of Port Chalmers will bo held on the 26th February. The third annual picnic of the grocers of Dunedin will be held od the 9th February. We are requested to intimate that it -will beheldat Waited, ana nOtat Ift&g&l as tirst a&ntfute&d.

,»MI *yni wIU sell a quantity of timber en tae Jetti street wharf to-day. A very important auction sale of Grown lands will be held m Dunedin on the 28th February, when a number of pastoral licenses will be offered, and in addition rural, rural deferred paTment-, township and euburban laud and small grazing runs. _ A new furniture pollßh, called opratfs Parisian i-oljsu, is being introduced on the market, which is said to be excellent for cleaning and polishing furniture, cabinet wn r k, pianos, Ac. Tho Butchers' Association are now selling M per rvnvrl b' S George Btreet 8h °P' for cash.—

Strangers arriving in Dunedin should pay the London Drapery Company in lieorge street a visit. The comer establishment now showing for the holid.ivs beautiful stock of sunshades in black, cream, aiid beige, at half-price; beautiful stock or Oriental lacea, 2£d, 3Jd, 4§d. Try our new corsets, Is lid. 2s (3d, 3s bd, 49 6d. See our tan kid gloves, 2s 6d ;" silk cloves, cheapest in Dunedin; ladies'" Gloria " silk umbrellas 2s lid, 3s lid, 4s 6d Ss 6d; ladias' and girls' waterproofs, 4s Gd, -is lid, 5s 6d; handeome short Jackets, 13s 6d, 16a 6d, 18s Gd; Jersey jackets, 5s lid, 73 > 6d, 93 Cd ; 1000 handsome dolmans, richly trimmed—wonderful, 16j (3d, 18s 6d, 21s od. Bemember our address : The London, in George street PBICB AND BuiLEID.—[AdTT.] The Prince of Summer Drinka.—" Thomson and Co.'b ginger ale stands a sea voyage well; it reached us in excellent condition, pouriug out brilliant and with a fine persistent head. This ginger ale -which, by the way, is guaranteed to be entirely free from alcohoi—is of a more delicate flavour than the generality of that we are accustomed to meet with in England, and on this account, to our particular taste, is preferable."—British and Colonial Drumrißt, London.—[Advt.] Great Summer Clearing Sale.—Carter and Co. in starting this, their fifth great summer sale, are de- ' tsrmiiied to make it the most successful on record. Cart.-r and Co. are offering their goods now cheaper Mum on any previous occasion. Silas Carter, their Home buyer, has been flooding them with goods bought from the leading manufacturers in Great ■Britain and the Continent. In many cases they did not want the goods, but when they saw the extreme low price they were pleased. Carter and Co. have also bought over £2000 worth of job goods from the Uuneiiu and Christchurch warehouses at desperate prices. In addition they will offer seme wonderful bargains in their clothing department, bought at the auction snle of Olof Christian's bankrupt stock Sremendous bargains for all. Call enrlj-.—[Advt