TELEGRAMS.

Otago Daily Times, Issue 11993, 16 March 1901, Page 7

TELEGRAMS.

' (Per United Press Association , .) AUCKLAND, March 15. Mr Witheford has retired from the mayor* i alty. Dr Campbell has consequently agreed • r to be nominated. 3 WELLINGTON, March 15. Mr Justice Cooper gave his reserved judg< ■ ment to-day in the divorce suit Ada Frances ' Mitchell v. William Mitchell, granting a decree nisi. His Honor said that whereas in this case the husband, .with the coni sent of his wife, leaves the colony with the - intention of forming a home- for himself ! and wife, and after a, short interval sudi denly ceases to correspond with her, and r continues for a long period to neglect to ' either write to his wife or supply her with any means of support, there was, in his j opinion, evidence of intention to desert . from the time he breaks off correspondence. r Captain Neil M'Donald, who was master . of the ketch Gratitude, wrecked some years ■ ago on the Maequarie Island, died at i Forirna. At the inquest the medical evi--1 dence showed that death resulted from the : effects of uremia. The S.M., who to-day fined two men £5 I each for cruelty to a sheep, later on rel : duced the fine to £1 on its being explained " J to him that the sheep had been brought • i into town to be sent awav by steamer, but i' as'the vessel could not take them they had i to'be sent back to Petone. They could not > be driven at that time of day, and there- ! fore had to be sent in a cart. A case was commenced to-dar before Mr 5 Justice Cooppr in which Mrs Johanna j Flockton sought to compel George Leonard ; to fulfil an agreement for the sale of a, b section in Dixon street with a building f thereon for £700. a deposit, of £10 bavins; i already been raid. Defendant relied upon j' j the Statute of Frauds as a bar to the action, ' and pleaded .that if he did agree to sell the ' property lie was, as plaintiff well knew, so drunk and suffering from the effects of .• drink to such an extent that he was unable s to comprehend the meaning or effect of ■ the agreement. The court is sitting to- . i nieht on the case. ' Mr Justice Edwnrds, in a judgment given ' to-day, supported the Pharmaceutical I Society in their refusal to register Richard ; Avres, herbalist, as ; a pharmaceutical or '. homcDophatic chemist. . ■ • 1 fIHRTSTciuRfiH, March 18. : j\bnnt 300 citizens, including many ladies, ; assembled in the Art Gallery this afternoon i to srv farewell to Mr W. P.eece, mayor of Christchurch, and Mrs Fecce. whoi"- ■ tend to shortly for »• fr>o fo the old ! country. The £nHi«>riner ttor thoroughly re- ' preventative, nnd diirine the afternoon a. '■ presentation of an address was made»to, '. Mr Keene, fttin? forth tbf , citizens'-ap- • preciatirm of lii<? vnlunMe services as mayor i during the jubilee year. ! THR .JUDGE MARTIN SCANDAL. (Pek IK-TTnn Press AssoptationM I CHRISTCHURCH, March 15.. ' In connection witb the Martin • scandal, Mr Stringer apolied in Chambers ! .to-day, on behalf of Mr H. G. Simms, hpi band of Mrs Simms, who disappeared with ; Mr Martin, for directions for the. trial of (i suit in divorce. Judce Denniston de- . ! cided that the trial should be taken at the , next sittings before the judge alone: I ' -:.■-..■■ ■ ■=■.— •'. J "THE CATCHING OF SEA TKOUT. I AN IMPORTANT DECISION. [ (Per Un-ited Press Association.) INVERCARGILL, March 15. ' An important decision has been given by [ the magistrate (Mr M'Carthy) in a case in i which James Pomeroy was charged with ! selling a trout not being ft lake trout, The ' I fish was netted on the Biverton teach, two ,' miles seaward of the mouth of the Oreti t River. The defendant contended that both t trout and ealmon were indigenous to New i $ Zealand waters, and therefore did not come ) J within the purview of the Legislature re- ' lating to these fish; also that as the trout 1 sold was caught outside the boundaries of the southern acclimatisation district the • prohibition in the regulations did not apply. Regarding the first contention, the [ magistrate said that it was contrary to a, , matter of public history, upon which much . legislation relating to fisheries was based, t As to the second point, he held that the ; prohibition contained in clause 11 if the f regulations of 1892 was general except in ■ regard to lake trout, and it was immaterial J! where the fish was caught so long as it was ' caught in New Zealand waters. The scope \ and intention of the act clearly included the r protection of nil fish inhabiting New Zeai land waters. Defendant was fined £5 and ; costs (£9).