The Invercargill Times. WEDNESDAY, OCTOBER 14, 1863.

Southland Times, Volume 3, Issue 101, 14 October 1863, Page 2

The Invercargill Times. WEDNESDAY, OCTOBER 14, 1863.

In his issue of Thursday last our contemporary thought fit to comment in an utterly unjustifiable manner on the case of John Robertson, who had been several times remanded on a charge of bigamy. If, as our contemporary broadly states, the " liberty of the subject " has been trifled wi h, and in innocent man — or, at all events, one against whom no wellgrounded suspicion can be entertained — has b.en subjected to vexatious proceedings and imprisonment, when he ought to have been set free, then the Magistrate who granted, and the Commissioner of Police who applied for these remands, must be much to blame, and the public would be justified in demanding an inquiry into the conduct of both. But we assert there has been no such injustice ; and, had our contemporary done as any business man of ordinary capacity would — used a little common sense, and carried his inquiries further before he pronounced judgment in so author! ta«

five a manner — he would have found out that his first impressions were very deceptive, and that he liad previously known comparatively nothing of the case which he has thought proper so freely to handle. When an editor finds himself hard up for a subject, it is scarcely fair that lie should "trun-a-muck" at the doings of the first man who comes in his road. Such couduct is neither polite nor sensible. The case of John Robertson is simply this : — He. was married in 1859, at Chalmers' Church, in Melbourne, by the Rev. Dr. Cairns, to a woman of the name of Martha Ballantine, whom he left and came over to New Zealand and in May, last year, he was married at the Pomohawk, by the Rev. Xv I3annerman, to Vi >let Smith. His first wife, hearing of the occurrence, followed him to New Zealand, sued him for maintenance, and obtained an award of court — she having satisfied the Resident .Magistrate of the truth of her statements. It was time now for the Police to step in; they could not have done otherwise, and of course it was necessary that the man, guilty or not guilty, should either find bail for his future appearance, or be imprisoned till a witness could be brought from Melbourne — the law not \ allowing the wife, in a case of felony, to appear against the husband. He could not find bail, and was consequently locked up. Mrs Turner, the witness referred to, was in bad health, and declined to come ; but, as a certified copy of the entry of the marriage was received from the Registrar General's Office in Melbourne, it was necessary, for the ends of justice, that a fuither attempt should be made to in i nee her to come — that is to say, that all her expenses should be guaranteed — both coming and going. This was done with, we believe, no better success, and then the man was liberated on his own recognizance, and subsequently discharged. In happy ignorance of the existing state of the law, our-con-temporary suggests that two questions of importance arise out of this case of John Robertson. The first has reference to the " police facilities of obtaiiing evidence, so far as Victoria is concerned, and the second involves that all-iuiportant question — the liberty of the subject." Jf, we are asked, such a length of time elapses before the presence of witnesses can be obtained from Victoria, what would happen in the case of a criminal who had escaped from this Province to Victoria ? Let the Southland News know that in the case of the criminal the difficulty is not so "TCat as in that of the witness. A warrant issued here in proper form, and duly endorsed in Victoria, or any of the Australian Colonies, is quite sufficient to bring back the man "wanted '* — if he can be found ; but, with a witness it is different. He cannot be compelled, even in cases of the gravest importance, not excepting murder, to come over to Now Zealand against li is will. If a warrant could have brought Mrs Turner from Melbourne, she would have been here before, but, as the cisc stands, it is unjust to blame the police for doing their best to bring to justice a person whom there was reason to bcleve wasa criminal. No one would, more willingly than ourselves, take up the case of a man who had received an injury at the hands of a Magistrate or Commissioner of Police — no one would speak more fearlessly — but wo would first be careful to ascertain that there were good prima facie grounds for making such a charge. For whilst, on the 3nc hand, both magistrates and police can, if so disposed, give a great deal of unnecessary trouble to a person unfortunate enough to become acquainted with them in their official capacity ; On the other hand, it must be home in mind that they have daily to perform duties which are, in their very nature, unpleasant, and may be rendered tenfold more so by the injudicious or captious interference of the outside public. It is of the utmost importance that the good feeling at present existing between the police authorities and the Southland community should be maintained.; we do not say at ail hazards, but until by bad conduct the former have deservedly forfeited their right to oar confidence. Such is not the case at present. There is an exc.-'llent police, and a most efficient chief, who has, sinc-e his appointment, earned golden opinions from all whose opinion is worth having. There is one point on which we agree with the Southland Neics, and that is, that the law should as speedily as possible be altered, so as to compel the attendance of witnesses from Australia, when necessary ; but, in the meanwhile, do not let us have the police authorities blamed for what is clearly no fault of theirs. «c» — - In our last issue we commented merely on that part of his Honor's speech at the opening of the Provincial Council, which related to the monetary condition of the Province; we nowpurpose entering more into detail on the various important matters therein contained ; subjects which will require the most earnest, careful, and pitient consideration. His Honor calls the attention of the Council ; to the report of the Provincial Engineer, pointing out that unless the various roads to the diggings in the immediate vicinity of the town are metalled this summer, next winter will find them in as bad a state as they were the last. " We have not before us the report alluded to, but we presume the Provincial Engineer, in recommending that broken metal be used, intends that the roads should first of all be well pitched, before su-h metal is applied. This, of course, necessitates a much larger expenditure ; and, until the railway to the Mokomoko is completed, boating stone up the Waihopai for the North, and the Puni Creek for the East Road, will not only be a slow, but a very expensive process — yet, that something

must be done, is apparent to all. Australian experience has proved the futility of metalling a road without pitching it — but such a « thing is never dreamt of there. Indeed, so much so is this the case, that in some cf the best agricultural districts — such as Hamilton, Cochrane, &c. — where the funds at the disposal of the Road Boards are not very great, and the natural roads quite as bad in winter as they are here, it has been wisely determined that it would be better to pitch well as large an extent of road as their funds will permit, and wait until they can* afford to metal it, than to do thoroughly — t.e, pitch and metal — at once a smaller extent. Thus if they have not as comfortable and smooth a road to travel on as might be desired, they have, at any rate, a lon« extent of road which will carry heavy traffic. This course we would recommend the attention of the Council. If, with the stone boated up from the Mokomoko, the north and east roads to the diggings be well pitched during the summer, as far as it is possible to be done, we can very well afford to wat till the completion of the Tnvercargill and Mokomoko Railway will enable us to get, at something like a cheap rate, broken metal to cover what we can pitch , now. The adoption of such a course combines celerity and cheapness, and we shall be able to make viable this summer three times the length of road. On some parts of the road between the Mokomoko and Campbelltown, the broken metal has been thrown on the surface of the clay, and, even with the trifling traffic which it has hitherto had on it, the metal has begun to sink out of -sight, — it could not stand a fortnight's heavy usage. The next object mentioned by his Honor is the construction of a wooden railway from Invercargill up the valley of the Oreti, to enable us to secure the Lake trade during the ensuing winter, and in recommending it he has usjd very sound and cogent reasons for its adoption. We imagine every member of the Council will entirely concur in the advisability of constructing a railway for a certain distance to the Lake, and any comment from us would be a mere recapitulation, at perhaps greater length, of the arguments which His Honor has condensed in a few lines. We will therefore confine ourselves to the particular description of railway proposed, — that of wood, with the enginc3 and carriages patented by Mr J. 11. Da vies. Dr. Mayer says that "a new truth has to encounter three normal stages of opposition. In the first, it is denounced as an imposture; in the second — that is, when it is beginn'iig to force itself into notice, it is cursorily examined, and plausibly explained away ; in the third, it is decried as useless, and hostile to religion." If a new truth has to encounter opposition, so has a new invention, more particularly if it simplifies and renders easier of accomplishment to the uniniated that which required previously a long professional education to effect. Mr. Davies' patent is not an exception to the rule. When it was first proposed in Victoria, the idea of a wooden railway was ridiculed by all legitimate engineers; the thing was too simple, and by its adoption, Othello's occupation would be gone ; a crusade against it was consequently commenced ; a railway which would cost a few hundreds a mile, when the Geelong and Ballarat line cost many thousands, was out of the question, and voted thoroughly illegitimate. Mr Davies, however, made at his own expense, and worked for some time, a. short line at the Green Hills, which, from what we can gather, answered well, aud refuted the mal-antici-pations of those who pronounced against it. It was also proposed at one time to construct a similar railway from Baliaarat to Smythe's ; a committee was appointed to inquire into the feasibility of the project ; plans &c. were submitted, and met with favorable consideration. That it was never carried into execution, was owing to the company finding that it had not sufficient funds to construct any line of railway between the two places. When Messrs. Davies determined to bring the engine over to Invercargill, to get it. into the carriage for conveyance down to Melbourne, two pieces of scantling 24 feet long were fixed at an acute angle, up which the engine steamed into its position, in the presence of several persons ; nor was this all, to prove the singular bite it had, it was stopped half-way, and then steamed on again ; of this we are informed by an eye witness who is a civil engineer. From all this it would appear, that although the Government of Victo ia would not entertain Mr Davies' proposition, such trial as it h s had in that colony has proved successful. Of its cheaptiess and celerity of construction there can be no question, the only one which can arise as regards this province is, whether in a moist climate like ours, the wooden rails would stand 1 If, as we are credibly informed, wooden rails, made of far softer wood than blue gum, stringy bark, or black pine, answered -'well, and stood for years in England, we do not see why rails constructed of those woods would not answer here ; for we believe that statistics have proved that less rain falls here than in England. And our informant, without having ever seen Mr Davies' patent, or knowing anything about it, in explaining the peculiarities of the line adverted to above, as being in use in the part of England he came from, stated, what Mr Davies states also, that the friction of the wheels on the rail deposits a metallic coating, rendering the wood in fac; harder than it was at first. It must be remembered also that the rail can be turned four times, and a fresh surface presented to the friction of the wheels; thus, should one edge of any rail begin to fray, it car; be immediately

remedied at a very trifling cost : looking at it, however, in the mo3t unfavorable: light, and supposing it will lastbrily two years, our object will be effected. The Lake trade*will be secured, and then, if itj be found necessary an iron rail can. be fixed on the wooden ones when. we can better afford both the time such a railway would take to construct, and tlie expense of construction. We have not before us the" preliminary report of the Chief Surveyor, mentioned in- His honor's speech ; but we believe it will be found to coincide with us iv our opinion, and from the care, caution, ability, and elaboration of detail which distinguishes all Mr Ileales' reports, we doubt not that it will carry very great weight with the Council, in determining a matter of such grave importance to the welfare of the Province. In determining on the construction of a railway, the Council will also have the satisfaction of knowing, that they are making a highway, not merely to a gold field, which in the ordinary course of events will be worked out, but in all . probability, as stated in His Honor's speech, to rich copper aud tin mines, not to mention the splendid agricultural land it will open up. We must postpone the consideration of other matters ment.oned in Bis Honor's speech to a future opportunity.