Correspondence.

Colonist, Volume II, Issue 187, 5 August 1859, Page 2

Correspondence.

To the Editor of the, Colonist. Str,—-I expected to liavc'seen some contradiction in'this day's Colonist, of the statement among the local'intelligence in the Examiner of Wednesday last, as follows : —" Ths wooden breakwaters recently erected by the Board of Works in the Maitai were regarded with some curiosity; but both they and the Collingwoo.d Bridge have stood the test admirably." Of all the unblushing assertions, this, Sir, I think, is one of the most impudent. I wan on the spot oji Tuesday morning, when the water had begun to subside. Many other persons were there, also, who, no doubt, would, if necessary, confirm my contradiction—viz., that that breakwater (or groin) which had been repaired, after damage done 10 it by the fresh some time since, had a most narrow escape from being washed away altogether, for a large quantity of shingle that bar] been piled along the lower side of the breakwater, for the purpose, I suppose, of strengthening and supporting it, was entirely carried away by the force of the stream, which found its way under the break-water-to an extent of at least twenty feet, leaving in its place a deep trench in the bed of the river, across and through which the water rushed with destructive velocity. Had the water overtopped the " exoensive experiment," or had even risen to the height.of the last previous fresh, 1 am not far out when I say that it would not have stood haii-an-hour. Now this must have been about the very time of his penning that said local intelligence. On Wednesday this trench had increased in depth ; and to-day, the stream having gone down to its usual state, the water passing under the breakwater is quite equal in quantity io that passing round the end of it. I As to what can be the object of this person in making such a statement, I am at a loss to conjecture, unless he may be preparing the way for casting future blame on the new board, but I hope, and have no doubt they will trust only to their own eyesight, and not to the reports of such a " veracious " reporter. I am, Sir, &c, GNAT. Friday, 29th July. Per favor of the Colonist. Sir, —I was*rglad see you took the earliest opportunity of deprecating some of the conduc' which characterised the meeting convened by the self-styled "Vigilance Committee;" and were it not that there are two or three points v/hich do not appear to have attracted your attention, I should have suffered the matter to rest where it did. I will, with your leave, offer a few remarks upon them. First, 1 must express my surprise that such a thorough orthodox church and stare subject as your contemporary should have suffered any advertisement so signed as that calling the meeting to have appeared in Irs columns. Secondly, that he should have suffered the meeting, which he countenanced by his presence in his double capacity, as the conductor of an influential public journal and a magistrate, to have proceeded to the object of the meeting without having done one of two things, namely, either to have called upon the-author"" of the advertisement to declare himself, or on his failing so to do to have produced the manuscript from his office. Without entering upon the merits of the case, I would observe that I trust as this is the first instance'of such a proceeding, that it will be the last While lam ready to admit that desperate maladies will sometimes justify violent remedies, neither the case in question nor the motives which prompted it rendered even an anonymous, much less such a signature as the one had recourse to, necessary to forward the object professed to be sought. , Again 1 would in all sober seriousness ask the people of Nelson if such a proceeding as the one referred to is likely to raise the character of the province in the. eyes of commercial men and consignors, if the ordinary' transactions between creditor and debtor are "to be "settled amongst us by a '■'•posse comitatus " convened by a self-con-sM'tn ted but invisible "Vigilance Committee," Mislead of the existing laws of the country, if circumstances should render an appeal to them necessary. It may be that those laws may not be

best suited to the present state of society, and that they consequently, call for amendment. But that will never, at least ought not, to justify the resort to intimidation by the exhibition of physical force to establish what, upon investigation may not even prove an act of justice, much less of right. - There are various powerful and more influential modes of bringing public opinion to bear upon the most obdurate characters than Mob Law, or resolutions of a Vigilance Committee. With these remarks I remain, Yours &c, SENEX ALBUS. To the Editor of the Colonist. Sib- As a friend to Mr. Shipley, and necessarily the object of auimadversion on the part of Mr. Harley, I must beg that you will allow meashorfc space in your columns. I should not have taken this step "if Air Harley had uot made use of my name, with implication attached. . The general voice of the population of J^elson needs no further assistance on my part; but as he condescends to fabrication, I will proceed to-explanation. Firstly, we will take his paragraph as follows. —" Mr." Shipley was my tenant, in the Motueka Hotel, for about eighteen months, ending June, 1850, when he owed me a large sum of money ; and, finding that I could get no settlement with him, I took proceedings against him to recover the amount due." Phe above paragraph would imply to any person unacquainted with the facts that Mr. Shipley had never paid Mr. Harley any money at all, and re- ~J fused to have a balance-sheet drawn up. This is ftotally incorrect. Whilst his tenant, he paid a considerable amount of money to Mr. IT., and so far from not wishing a "settlement," had given a bill of sale upon all bis effects, which, at his leaving, were valued by two appraisers—one appointed by each. Tile amount of the valuation was £'247, and with this placed to his credit Mr. Harley asserts that he could get no settlement. In most coinmeicial transactions a comparison of contraaccounts is culled a settlement, and the balance remaining due fram. either side is then taken to be an acknowledged account between them which requires payment, not settlement. I will now take the second and third paragraph : —" Mr. Shipley was asked to give a warrant of attorney to outer up judgment at the same time, as, if the ".aso went to trial, to save expenses ; but tl»is he refused, stating that be did not see why he should do so, unless he got something by it, as the costs would not.come out of his pocket." " When the Supreme Court satin the beginning of August, 1853, the Judge suggested that a warrant of attorney should be given to save expense, when Mr. ( Travers, who was present, undertook, on behalf of Mr. Shipley, that he should execute a warrant of attorney; but Mr. Shipley, with various excuses, delayed executing it until the end of August, and in the meantime executed a bill of sale of all his effects to Mr. Blackborough." When Mr. Shipley was.asked to give a cognovit, and not, as Mr! Harley states, a warrant of attorney, hereferred him to h is solicitor, who strongly opposed any such act on his part; and it was by the advice of that solicitor that at a subsequent period he did execute it, at the beginning of August, 1858. In his conduct with regard to this matter lie acted always under the guidance of his professional adviser, which will be, I should consider, a sufficient answer to the inuendoes cast by Mr. Harley in his letter—viz., that he wished to offer an obstacle to Mr. Harley s prosecuting his claim and receiving the amount. Now, Sir, I may claim your attention to the most perfect piece of misrepresentation that ever appeared before the public—viz., that Mr. Shipley had, before executing this cognovit, given me a bill of sale upon all his effects. I wish that this question should be cleared up. By implication, in which Mr. Harley deals so largely, it would appear that be (Mr. S.) had delayed executing the | deed until he had taken care to dispose of property I which be had at Motueka by giving me a bill of I; sale. The words are true that there was a bill of sale, but the meaning implied is a moral. He. Mr. Shipley gave up everything to Mr. Havley. When he left .Motueka, and landed in Kelson, with bis wife and three children, he was possessed ofonly,ls. Ad.. When .he landed here, no bill of sale existed, and taking a house in my own name for him, I thought that I should not lie doing Mr. Havley an injustice to ask for a bill of sale signed by Mr. Shipley, to prevent a seizure of that furniture which i bought for his accommodation. 1 need make no further remark upon the utter absence of truth in the poniwn of ih;s noxt paragraph :—"Finding that he had thus disposed of his goods, as it appeared to me, for the purpose of keeping me out of my money, I issued an exmitiou against his person, upon which he was arrested." I Mr. Harley then speaks of ten weeks as a short Pi time in gaoK and says that he then', and not till h then, became acquainted with the illness of the |; defeudaut; but it required the frequently repeated \ testimony of Dr. WiJii.ims, who said that Mr. | Shipley could not live ten days longer if kept in \ gaol; of Archdeacon Paul, and of many othevs, I before his heart opened, and its synonym, the | gaol door, also opened; and that only on con- y ditipii of the dying man giving his signature, when f almost insensible-, to a document which made his i body.liabie to be retaken to the prison without | furfher expense or trouble to the prosecutor. i In a subsequent portion of the fourth paragraph, jj Mr. Harley says, that he bad reason to believe I that the defendant was about leaving the colony, 'i Allow me, Sir, to explain this. From the time of his first incarceration, he had gradually sank, and | Dr. Williams proposed change of scenj find | change of air as die best medicaments he could j pi-escribe. I was myself going to Sydney, and .; offered to take him" there; and Dr. Williams I waited upon Mr. Harley, explaining this pr.iposi- 5 tion, but at the same time stating th it Mr. h frpky ]i would not attempt to leave the province without his (Mr. Harley s) consent; and at that inteiview \ Dr. Williams pledged his honor that Mr. Shipley \ would take no steps towavds leaving un'il he hid i 'the required assent ot Mr. IlarLy. The eouse j pursued by that gentleman was immediately to j issue a new process against the man who had ; literally sold his body to him. I Mr. Harley then goes on to complain that no ft " arrangement " was proposed to pay the debt or a 1 portion of it. What arrangement, in Heaven's I name, can a man devoid of means, and incapable 1 from illness, of action, enter into? 1 Mr. Harley states that he was prepared to ve-yjr ceive £100 in lieu of all demands, which, atf 'm cording to him, are £375. The debt due is ,£253, m and the addition to that sum, the law expense?, p which Mr. Hariey has thought fit to saddle his p defendant with. With regard to this offer, 1 | simply beg to give an uttor denial to the truth ol m the sentence which states it. p ! Mr. Harley goes on to state that the bailiff nad || given warning of his intention of arresting Mr. 1 Shipley the night before the occuirence. This is 1 a simple lie, for Mr. Shipley did not know one i half-hour before he was arrested that such an oc- | currence was to take place. | The last statement made in Mr. Harley's letter j will call for but £.w remarks from me. The j public are told that Mr. Shipley has been seen out | of doors. I am aware of the tact, as I have my- | self led a horse for him, to enable him to get some | little fresh air; and I huve myself seen him stand- X ing in the road in front of his house, seeking a fg little change from the monotony of a sick room. §j It is not unusual for an invalid to seek health l>y m such means ; and it only shews how bad must be m : the case of the—ia public opinion—real defendant, ig whin he will make the convalescent walk of an | invalid a reason for sending him. to gaol. M In conclusion, Sir, 1 can only say that as heart | disease is that from which Mr. Shipley suiters s most, we need not therefore expect any similar j symptoms to be exhibited by Mr. Harley. | I am, etc., I THOMAS BLACKBUBROW. j [advertisement.] I To the. Editor of {he Colonist. ~ \ Sin,—As I believe that a sense of justice prevail | with some of our fellow-settlers over every oti.e ■ consideration I beg to address you now m tueu | presence on the following subject:— 1 Two or three years ng>, our fellow-townsman | Mr. W. Hough called oa m? to transact certau* ■

business. Just before leaving, he said, "I am going over to Massacre Bay once more to look for gold ; will you go with me ?" In reply to my inquiries, he stated that he had requested Mr. W. Riley, sometime a digger in Australia, to go with him, and that as Mr. R s employer could not spare him, he had invited Mr. W. Lightband (also an Australian digger) and others to accompany him. Long before this, Mr. Hough had been seeking for a gold field with great perseverance. Many a time had he gone over to Massacre Bay on that same erraDd with fatigue, expense, deferred hope and patience for his only reward. All the discouragements of seeking for a thing that may never be found (and that is, in the opinion of others, a chimera) were his; people regarded it as "his hobby." Some said he was gold-mad ("goldcranky") some of his brother M.P.C.'s. hinted move delicately at " mono-mania." It is easier to inflict ridicule than for human nature to bear it for any length of time. Probably there is scarcely one of your readers who would not, in similar circumstances, have allowed others to suppose that his frequent visits to Massacre Bay were partlycaused by business. When arrived at " Golden Bay," things were no better. " Here is that old fool come to look for gold a"-am !" Such was the explanation over there. And 111 health and fatigue were not his only hindrances. In those days it was hazardous to let his vessel return without him however short her stay might be. And when back here again, a native basket full of heavy specimens, at once attested his diligence, repeated his disappointment, > exposed him to further ridicule, and roused him to further efforts. It was not until the results of that last excur" sion became fully known, that all this ceased to be matter of notoriety. Success crowned perseverance at last. And Mr. H. was the first, I believe, to set his foot on the gully since called "Lightband's," after the earliest and one of the most persevering of the diggers there. Then a revulsion, so very like human nature, takes place in the minds of many. The "gold" is no longer a " hobby," a " chimera," a foolish chase. Nobody is "gold-cranky," neither is any one afflicted with " mono-mania," But now it is nothing remarkable! Others found gold first, or might easily have found it! Mr. H. had not so much to do'with it after all! The discovery even of America was nothing afterwards ! But, Sir, as all this is extremely dissatisfactory to an honorable mind, many of our fellow-settlers have felt extremely dissatisfied. For my own part, it has luimil'iated me to think that one of our own community has been ungratefully left, not only without reward, but even to bear his own expenses in seeking for a gold field which when found, benefited, or might have benefit!ed us all so much. I waited a long time for some one more influential and energetic than myself to take the matter up. At last the recollection of that invitation to that successful excursion impelled me to action, or, like too many others, I might have remained passive, even while 1 felt that positive injustice had been done. About eight or nine months ago, I waited on certain merchants, and was requested to defer the matter for a fortnight, and to refrain altogether if, as they still hoped, they could obtain anything for Mr. 'Hough and others from another quarter. After the interval of a month, I called again,and was informed that it was but too evident nothing ■would be done. Then the subscription for Hough's Testimonial was commenced. Your readers will see the subscription list below. I believe the amounts would have been more liberal and far more numerous, but for the almost unexampled scarceness of money and the want of tact and energy on my part. Many have been glad of the opportunity to give. And, in collecting the promised amounts' I have met with unexpected facilities. Manvofcourse,haverefusecltogiveatall. Honest, independent refusals, are worthy of all respect. A very .few have objected—" I have been no gamer by the gold field.1' " I have been a great loser." " I respect your motives, but you should not take up «very case of injustice you meet with. Who will do the same for you ?'"' "Mr Hough's merits are nothing to me; every one for himself." I rejoice to think that the said list will prove that we are not, as a community, so devoid of public spirit, so utterly selfish and corrupt, as these expressions, especially the last, would seem to imply. The amount, already subscribed, is far greater ■than I anticipated at first. It must now be considerably more than sufficient to cover the actual expense's incurred by Mr. 11. in six or seven voyages to Ooldeu Bay—voyages undertaken with •rave and disinterested public spirit to promote the prosperity of this part of the province. If all mystifications be honestly dispelled, I believe it will be found that Mr. H. did not undertake any one of those voyages, except the first, to transact his own private affairs. I know that it may be objected by many, •" You are prejudiced in Mr. Hough's favor." I do not think they would be if they had experienced the «ame unvarying prejudices, the same unprovoked opposition (as opportunities occurred) that I have at his hands, ever since I became acquainted with him. It is not, however, in accordance with duty to allow such considerations to interfere with a sense of justice. Our fellow-settlers are now invited to append their names to the list below. "The smallest donations thankfully received." This will doubtless meet the eye of our triends in Collihgwood and Wellington. We look to them to treble the amount. In conclusion, I shall be happy to know and to fulfil the wishes either of the subscribers or of Mr. Hough in the disposal of the money. What that gentleman's preference may be, I know not. Or, I will hand ovf r the whole affair to any individual or committee that will carry it out with more vigour and success, and with equal fidelity. I am &c. CHARLES SEWELL. Nelson July 30, 1859. Testimonial Subscription List for Mr. W. Hough, who has, unlike the other Claimants for the Bonus, whatever their merits or demerits may be, undergone very considerable expense and fatigue in endeavoring to discover or develop the Aorere Gold Fields, without reaping any subsequent advantages therefrom. (Signed)

£ s. d. Alfred Fell pd. 5 0 0 Curtis Brothers ... pd. 3 3 0 Nicholson & Ridings . pd. 5 0 0 Thos. Renwick . . . pd. 6 6 0 Morrison & Sclandevs . pd. 5 5 0 W.Wilson .... pd. 3 3 0 John Poynter- . . ■ . pd. 3 3 0 D. Momo pd. 1 10 0 €. & J. Elliott ... pd. 3 3 0 Charles Harley ;;. . . pd. 3 3 0 John Symons .... pd. 1 1 0 James P. Black ... pd. 1 1 0 D.Moore ..... pd. I 1 0 T C. B pd. 110 Maxwell Bury . . . pd. 1 1 0 J. D. Greenwood . . pd. 1 1 0 N. T. Lockharfc . . . pd. . 1 1 0 JR. Dodson .... pd. 1 1 0 E. Buxton ...... 1 1 0 . E. W. Stafford 3 3 0 K. K. Newcome ... pd. 1 1 0 William Cresswell . . pd. 0 5 0 E. Cresswell .... pd. 0 5 0 .Jame3 B. Wemyss . . pd. 2 2 0 Thomas Fagan . . . pd. 0 5 0 John Jones .... pd. 050 George Baker. . . , pi 0 5 0 R; Burn pd. 0 5 0 Joseph Webb .... pd. 0 10 0 Jonas pd. 2 2 0 Robert Powell .. . ; pd. 1 1 0 J, Nancarrow . . .. pd. 0 10 6 James S. Cross ... pd. 1 0 0 Edward Stanton' . . . .0 5 0 W. Robinson, Wairau West. ;2 2 0 E. Baigenfc . . . ' '. 'pcL 0 10 0 . Mrs. Smith . . . i pd. 0 5 0 Thos. Smith , . , . pd. 0 5 0 Alex. Kerr . . : . pd. 1 1 0 A. Aitken . ."."I . pd. 0 10 6 W. R.' Waters . ' . . 7 pd. 0 5 0 1 Thomas Anslow ... pd. 050 C. King .•.;.'■; V pd. 0 2 6 J.Goodman .... pd. 0 2' 8 H. Hargreaves . ... 1 20 ■ Geo. Batchelor . . . pd. 0 5 0 MWrW, Walker. ,--...■ pd. 0 3 °