CANTERBURY.

Otago Witness, Issue 47, 10 April 1852, Page 3

CANTERBURY.

(From the Lyttelton Times.)

In the events at Otago, of which we published a report in a late number, it is difficult to say whose conduct has been most disgraceful, — that of Judge Stephens or the Otago Bench of Magistrates.

1. Judge Stephens lays an information against certain persons for defamation of his character, and in stating his case to the magistrates, he indulges in slanders so gross, that the " Otago Witness" 6hrinks from publishing his speech.

2. One of the magistrates sitting to hear the case is Judge Stephen's own attorney in the prosecution, and his brother magistrates allow him to continue sitting, notwithstanding an objection raised by the defendants.

3. The Resident Magistrate leaves the bench, is sworn as a witness, — the only important witness in the case, — gives his evidence, and returns to the bench to decide in favour of his own evidence.

4. Judge Stephens is prosecuted by one of the defendants for having assaulted him, and his Honour concludes his defence of conduct more becoming a street brawler than a Judge, by saying that it was not to be expected, under the provocation he had received, that he could * l WAIT FOR THE SLOW AND TARDY OPERATION OF THE LAW."

The conduct of Judge Stephens so far affects us, that, as Judge Chapman has finally determined to leave the New Zealand bench, we may expect that he will, unless previously removed, preside in the Supreme Court at Canterbury ; so we may shortly perhaps have the pain of ourselves hearing his Honour indulge in similar sneers at the laws he is appointed to administer. The bench of magistrates of Otago, in allowing the plaintiff's attorney to sit and vote with them, and in permitting the Resident Magistrate to bo sworn as a witness whilst on the bench, and to adjudicate upon his own evidence, evinced so strange a disregard for justice as might well encourage his Honour or any other coarse man, to express an insolent contempt for law in their presence.

There is one redeeming feature in these proceedings. Dr. Purdie and a minority of the bench, which, but for the double vote of the Resident Magistrate, would have been a majority, recorded a severe and dignified censure upon the conduct, and especially upon the language of the Judge. We regret that we do not know the names of the gentlemen who coincided in that opinion : they deserve the thanks of all who desire to maintain the dignity and character of the bench in New Zealand.

Supkeme Court ax Canterbury. — The following Memorial has been numerously signed, and has been sent up for presentation to his Excellency. Its prayer is so reasonable that any attempt to explain or enforce it would be almost impertinent. It cannot, however, be too widely known, what is perfectly notorious here, that several cases of felony have been hushed up, because the sufferers had rather submit to the lesser loss of being robbed without remedy, than to the greater loss of having to prosecute. And if the common and daily talk of the public may be taken as any criterion, no case of felony will be prosecuted again until the Supreme Court shall hold its sittings in the Settlement. "We may add that it requires but a single stroke of His Excellency's pen to put an end to this mischievous and alarming state of affairs. " To His Excellency Sir George Grey, X.C.8., Governor-in-Chief of the Colony of New Zealand.

" The Memorial of the undersigned Magistrates, Land Owners, House Holders, and other inhabitants of the' Canterbury settlement, humbly sheweth that grievous injury and incon-

venience is suffered by the people of this settlement and great expense entailed upon the colony from the necessity which now exists of sending prisoners for trial before the Supreme Court to Wellington.

" That witnesses are called upon to leave their homes for many weeks without any remuneration, to the great detriment of their private affairs ; and that the direct and necessary consequence is a disinclination to prosecute, which threatens to paralyze the operation of the laws, and offers a complete impunity to crime, within the settlement.

" That hardly less inconvenience results from the enormous expense- now involved in civil proceedings before the Supreme Court, such expense amounting in the great majority of cases to a practical denial of justice.

" That the population and business of this settlement are now equal to those of Nelson, which has long enjoyed the advantage of a local Session of the Supreme Court, and that the expense and inconvenience of such a local Session would not be comparable to that involved in the present system.

" That under the circumstances above stated, your Memorialists humbly pray that your Excellency will be pleased to proclaim this settlement a separate judicial district, and to direct that the Supreme Court may hold periodical sessions therein."

We notice in the " Times" a Prospectus of a Building and Investment Society, the intended constitution of which differs in several points from the Investment Company in Dunedin. This Society at Canterbury is " for the purpose of enabling its members to purchase their own Residences or other Freehold or Leasehold Property for investment or occupation. By the rules and constitution of the Society each member contributes 10s. per month for each and every share held by him ; and ss. per share per month, as interest and redemption money from the period of taking a loan from the Society until by such monthly payments assisted by the profits derived from premiums, fines, and other incidental sources, each share shall have realised the value of £120, which it is ascertained will be within nine or ten years from its commencement when the Society will under the Legislative Ordinance be dissolved."

(From, a Correspondent in the Lyttelton Times.)

Otago. — "The harbour has a bar entrance, offering, however, no cause of alarm to the largest ships in charge of a pilot. After entering, we first come to Porl Otago, a native village, presenting the appearance of an immense mound of sand, surmounted by hills covered with wood. Winding along the deep channel for some miles, we anchored at Port Chalmers, a beautiful hamlet of about twenty houses. Hence are two routes to the capital, one a bridle path over a lofty ran £3 f ! 'iL, no* v? y passable in wet weather, the othor by water, following the course of the haibour, fit only for small craft. The distance either way is about eight miles. The water route is very picturesque, the bush coming down the hill's side to the water's edge, diversified here and there by a house and clearing. At length, turning an angle of the land, the bay which contains the capital suddenly opens to the view. The town is well situated : but too great a block has been reserved for town land, the price of which, being £50 per acre, causes very much to remain unbought and unoccupied. Dunedin, with its suburbs, contains about 1500 inhabitants, the rest of the block about as many more. The Association, existing still in name and power, but having long ceased to sell any land and to have any funds at its disposal, is now only a dead weight on the prosperity of the colony ; its dissolution being desired by all save a very few, who have a personal interest in its continuance. The leading officers of the Association here seem to have busied themselves more in calling public meetings and inundating the colonial and home Government with petitions, than attending to and forwarding the real interests of the settlement. Undoubtedly there are some things justly complained of by the Scotch and English. That a Judge, with all the necessary expense attending that office, should be maintained here, and literally nothing for him to do ; and that two Crown Commissioners of Land should be appointed, one of them holding a complete sinecure : these things naturally create grumbling. Whilst some are thus underworked, others seem overtasked. The Resident Magistrate has assigned to him also the duties of Sub-Treasurer, Inspector of Police, Sheriff, and Harbour Master. There is here one Minister of the Free Church of Scotland, the Rev. Thomas Burns, and one school belonging to that body, in which Divine Service is held. There has lately arrived amongst us a Clergyman of the Church of England, the Rev. J. A. Fenton, who conducts Divine Service in the Court House. The members of this Church have subscribed liberally to a fund for

the support of their Minister, and are making great efforts to build a church, school, and parsonage. One of our number brought out with him from England last year a font, com-munion-plate, painted and other windows, doors, &c, for the building, together with £140 in money. To this sum a considerable addition has lately been made in Otago. The Building Committee are now writing to the Christian Knowledge Society, and to their friends in England and elsewhere, to aid them. Doubtless in the rich settlement of Canterbury .some kind friends will be found to answer their appeal, which will shortly appear in your advertising columns."