The Timaru Herald. WEDNESDAY, MARCH 17, 1880

Timaru Herald, Volume XLIII, Issue 3576, 17 March 1886, Page 2

The Timaru Herald. WEDNESDAY, MARCH 17, 1880

Our readers may remember that a few months ago a case occurred m the Bankruptcy Court m Invercargill which gave rise to a very unpleasant pnßsage of arms between Judge "Ward and the Resident Magistrate m that town. Judge Ward, sitting m bankruptcy, came to the conclusion that a certain debtor, who was examined m open court, had been guilty of conduct which rendered him liable to a criminal prosecution under the Bankruptcy Act. Under the direction of the Judge an information was laid, and m due course the case was brought before the Resident Magistrate. After hearing the evidence he came to the conclusion that the defendant ought not to be committed for trial, as it was certain that no jury would convict. The defendant was therefore discharged, and, nnder ordinary circumstances, there the matter would have ended. But Judge

Ward appears to have been very much annoyed at the action of the magistrate m not having sent the case on to a higher court. From his seat on the Bench he spoke out plainly, and, m our opinion, very unwisely. He seems to have been specially aggrieved that a prosecution, which he had ordered, should have been rendered abortive by what he regarded as a magisterial blunder. He concluded by saying that, for the future, when such cases came before him, he would himself deal with them by virtue of the summary jurisdiction given him under the act. In other words, if he judged from the facts elicited m the course of a bankrnptcy that the defendant had committed an offence under the act, he would send him to gaol without the formality of a trial. As a fact, the magistrate appears to have exercised a wise discretion m not committing the defendant, who, if sent to the Supreme Court, would assuredly have been acquitted. We may add that the Resident Magistrate afterwards took an opportunity, m his own court, of replying m a Very spirited manner to the censure of Judge Ward. But the latter bore the case m mind, and on the next occasion when he caught an insolvent debtor tripping, a trial was dispensed with and the offender sent to gaol. He appealed against the sentence, and the Supreme Court upset the judgment. Unless wo are mistaken, Judge Ward has since then again exercised this summary jurisdiction. We have a very strong dislike to the practice. The Bankruptcy Act no doubt does profess to give the judge such a jurisdiction, but it also provides for offenders being committed for trial and being dealt with m due courje by a jury. That is, for several reasons, much the better method. In the Bankruptcy Court the judge may be prejudiced against the debtor through his manner of giving evidence, through his reticence, and perhaps through his insolent demeanour. Moreover the debtor has not a failopportunity of summoning witnesses and getting up his defence. He is taken altogether at a disadvantage. The case is different when an information is laid and the preliminary investigation takes place before the Resident Magistrate or Justices of the Peace. There the defendant is put fairly on his guard, as he ought to Ije according to British ideas of justice; the onus of proof is thrown on his accusers; he has the opportunity of summoning witnesses ; and, finally, those who have either to commit or discharge him are not heated and worried by his previous demeanour during the bankruptcy proceedings. Wo doubt very much whether the summary jurisdiction is ever exercised by Supreme Court Judges sitting m bankruptcy. They very wisely prefer the old method, and we are not aware that the ends of justice are thwarted by their abstaining to sanction an innovation. On the contrary, if we may go by some remarks made by Mr Justice Richmond a few days ago m Wellington, there is far more probability of a rascal getting off when dealt with summarily m the Bankruptcy Court, than there is when the case is dealt with m the ordinaiy way. For, thongh the judge may sentence, the superior court is very likely toquashtbe conviction. The NaoZcaland Times reports Mr Justice Richmond to have spoken as follows : — '■ Ho and the other Judges of the Supreme Court were very loth indeed to exercise that power. In the present state of the law, indeed, it wuß a very hazardous matter to exercise it; the difficulties of making a perfectly valid order, even m the Supreme Court, were very great. The Legislature had spoken of " summary convictions," but exactly what was meant by that it would be very rash for anyone to say. If the Legislature left this power m the hands of the Judges —and he did not say that it should not be so left —better provision should be made for its exercise. He thought a cautious lawyer would be very slow indeed to take action under the act. He did not say valid orders could not be made, but he knew that it was a matter of extreme difficulty ; he had found it so m his experience." » ■

Sir George Gbey's promise to address a public meeting at Invercargill was fulfilled towards the latter end of last week. His principal theme was, of course, the land question, and how it would be satisfactorily settled if his great scheme were to be carried out. What our views are with regard to an essential part of that scheme (namely, the proposed method of buying out the landowners) our readers already know. We shall now bring under their notice what one of our Southern contemporaries, the Southland Nnvs, says on the same subject. His opinion is thus expressed : —" Sir Julius Yogel who always disclaims theory, and only wishes to be considered a practical man, has accepted Sir George's proposal m part, but would, instead of using land bonds, borrow the money required for resumption, and pay present owners iv cash. To add so greatly to the indebtedness of the colony at the present juncture would be dangerous. Money must be had for the active prosecution of public workß, and that to a large amount. Te superadd a loan of three or four millions for land purchase would be to excite the apprehensions of Home capitalists. Hence, the preferability of a method which would not really increase the indebtedness of the colony, but, on the contrary, add immediately to its wealth by the settlement of a large and thriving population." Those are tho words of a very friendly critic —of one who thinks that the State should resume possession of the land and not again part with the freehold, and that Sir George Grey's method of paying the landlords is excellent, and is to be preferred to Sir Julius Vogel's. Tet we doubt whether, m all thathnsbeen written ugainst Sir George's scheme, there can be found a harder blow than is contained m the few sentences, we have quoted. Here we are told that Sir Julius Yogel would buy the landlords out with cash, and would provide the means by a loan. Opinions may and do differ as to the advisability of resumption, and as to the advisability of borrowing huge sums of money. But if the State is to get back the land, the ownera should be really paid. There should be no sham about it. That is not merely admitted by Sir Julius Yogel, but he points out where he would get the cash. We may object to the whole plan, but it obviously means an honest settlement with the landlords. Let us now turn to Sir George Grey's scheme. It is

interesting to note how his ■ proposal for payment has presented itself to the minds of his admirers ; and on this occasion the Southland News may be taken as their spokesman. Oar contemporary admits that if the landlords are deprived of their property they must be paid. Bat he thinks it would not be advisable to raise a loan for that t purpose. Tinally he declares m favor of Sir George Grey's plan of payment, i because it would not add to the colonial i debt. There is no cash, to disburse, and the colony is not to borrow for the i purpose of providing it. The landlords : are to be paid, but the transaction is not to increase the colonial debt, i What then does the plan really mii volve? Does not our southern con- , temporary praotically admit that the > proposal is to pay the landlords m i valueless paper ?

The cocksfoot harvest on Banks Peninsula is valued this year at £40,000. The Banks m Timaru will be closed to-day, it being a Bank holiday. There was no business transacted at the Magistrate's Court, Timaru, yesterday. The annual ram and ewe fair under the auspices of the North Otago Agricultural and Pastoral Association 'will be held at Oamaru to-day. The Oamaru Jockey Club notify m our advertising columns this morning that the night of general entry for nominations for the Autumn Meeting is Monday, March 22nd. The usual monthly mooting of the Timaru Harbor Board •will bo held at eleven o'clock this morning, to receive tho Finance Committee's report on tho claim againßt tho barque Hudson, and transact general business. In connection with tho Baptist Church, a aalo of work will take place two days next week. There will also bo a public tea on Thursday, and a lecturo on India by Mra Brown, on Friday evening, m the Oddfellows' Hall, Barnard street. Tho statement that a strong syndicate is m treaty with tho Government and the Committeo of Guarantors for tho construction of tho East and Weßt Coast Railway may or may not bo true, but wo do not believe that any syndicate Trill undertake tho work on the terms that can at present bo offered. Tho double "sculling races of tho Timaru Boating Club have so far resulted bb follows : — Vogeler and Hughes boat Pigeon and Tato ; Mackay and McNaught beat McLean and BirreU ; Qoocli and Stevens beat Bassetb and Bone. Vogeler and Hugheß meet Mackoy and McNaught this morning, and tho final heat will m all probability come off tomorrow. Wo remind our readers that the Colorado Beetles will make their flrat appearance m Ximaru m tho Theatre Eoyal to-night. From all accounts Messrs Norton and Devereux have spared no pains to get a high class company of minstrols together, and a very pleasant evening may bo anticipated by all who patronise them. A considerable amount of interest is being taken m tho races at Pleasant Point which tako place to-day. A special train leaves Timaru at 11 ajn. returning at 5.80 p.m., and should the weather prove fine, visitors from town promise to bo numerous. The evening train from Timaru to Fairlio Creek will run 35 minutes later than usual. Wo havo it on the best authority that Captain Sutter docs not intend to offer himself for re-election to the Gladstone seat m Parliament. His health is not good, and, acting on medical advice, ho will for Bomo time to coma tako no part m politics, and will probably m tho course of a fow months proceed on a visit to tho Old Country. No effort has been spared to make the entertainment to bo given m the Catholic Boys' School this evening a success. The G.V.B. Dramatio Club, who have taken it m hand, are a host m themselves, and whenever they havo appeared before the public, have met with a hearty reception. We understand Mr S. Woolfe has kindly consented to act as conductor. Tho contractor has already made a start on the Geraldine drillshed, and if the timber comes to hand at all smartly he should not be long over his work. Among tho timber are some very heavy beams, and to enable tho contractor to get them specially cut he has been granted a special concession as regards time. Tho ordinary meeting of tho Temuka School Committee has beon adjourned till tomorrow evening. Among tho more import-ant business to come boforo tho meeting is the arranging for a concert m aid of the school funds, and the nomination of a candidate to fill the Beat now vacant on tho Education Board through the resignation of Mr W. J. Steward, M.H.R. At the Washdyko Meat Preserving Works boiling down oporationß are m full swing just now, something like 600 sheep por day being put through on owners' account. It is a matter for sincere regret that tho Company, owing to thoro being no market at Home, have decided not to preserve any meat this year, for it means that between thirty and forty men who usually find employment there will havo to seek for it elsewhere. Waimate is en fite to-day, the feast of Ireland's patron Saint being generally held as a holiday. The Bhops will all close at midday, and tho races will doubtless be well patronised should tho threatening rain keep off. In the evening tho Cricket Club, with tho assistance of some Timaru amateurs, gives a concert and miscellaneous entertainment, winding up with a dance. The special trains laid on, too, are oxpected to bring m a number of visitors from both north and south, and a very pleasant day's enjoyment may bo confidently anticipated. On Thursday, the 25th mat., our Volunteers are to have another grand field day. All tho corps m this garrison district, it is understood, witli tho exception of that of Waimate, will bo on parade, and will bo marched to a cortain spot, where a sham fight is to take placo, and the men instructed m outpost duty. Should our Volunteers havo tho good luck to be blessed with " Queen's weathor," the day's manoeuvres should provo highly interesting to them, and to the many townspeople who are sure to go out to witness them. We loam that the Revs. Mason and Boddington, tho English missionaries whoso special services m the Northern districts have attracted so much attention, are about to visit the districts immediately north of Timaru. In the Temuka district preparations are already being made, tho Boy. T. A. Hamilton having been roquested by his parishioners to see to the preliminary arrangements. Shortly a general meeting will be held, at which a programme Betting forth full particulars of the mission will be drawn up. We are sure tho missionaries will be warmly welcomed by tho people of Temuka.

A meob'jg of the Timaru Hospital Board will be held m the Town Hall at 7.30 o'clock this evening. A special meeting of the Temuka Town Board was held on Monday night, at their offices, Temaka. Present— Mr K. F. Gray (chairman), and Messrs Brown, Quinn and Blyth. After some consideration a resolution adopting tho by-laws as advertised was agreed to, and it was decided to hold a meeting on April 15th to confirm them. The Board then adjourned. The Hospital Steward wishes, through our columns, to acknowledge with thanks, the receipt of fruit from Mrs Newton, Mr 8 Lindsay, Mrs Gosling, the Bey. W. J. Dean and tho Primitivo Methodists of Glen-iti j from the Mayoress, a good supply of children's clothing, old linen, and Borne valuable reading matter, and Mrs Jes Jackson, Mrs Slater and Mrs Gosling, old linen and Mrs Orwin, a quantity of reading matter. Mr Sydney Wolf, an eminent professor of music and voice educator, has token up his abode m Timaru. He is from the Eoyal Academy of Music, London, and possessing the talent he does, Bhould prove a welcome visitor here. Mr Wolf intimates that he will not instruct beginners on the pianoforte unless they agree to take lessons for three years ; also that he can be found at the offices below the Timaru Assembly Booms, or at 0. Begg and Co.'s. The tents m connection with the 0 Battery encampment are pitched, and last night there were several men looking after them. There is a large expanse of canvas, and all arrangements having been made, things generally promise to prove comfortable. Volunteers can leave their blankets, &0., at the camp to-day. There will bo a parade at the drill shed to-night at 8 o'clock m marching order. There will also bo a field day to-morrow week at which some of the country corps are expected to take part. The Garrison Band will play somo lively airs of an evening while the Battery are m camp. " Tho " Irish American Comedy Company " has Btranded high and dry at Waimato. Notwithstanding the announcement that half the proceeds of Monday's performance would bo given to tho Church, when eight o'clock struck, tho audienco consisted of one small boy, the orchestra (a lady) and the inevitable policeman. By half-past eight, the orchestra was getting tired of the overture, and at that time as the house only contained eight people, fivo of whom were dead-heads, it was resolved not to proceed with the programme any further. Consequently tho money taken at tho doors, amounting to three shillings, wa3 returned, and the " Irish American Comedy Company" sadly packed up their grip-sacks. The " Company " has disbanded, the members evidently thinking that after all the strolling player's life is not one of unmixed pleasure and mad excitement, and wisely resolving to return to their individual duties as shop boys and junior clerks, instead of tempting fortuno any further on the boards. A cow yesterday afternoon proved itself a rather unwelcomo visitor to a family living m the vicinity of Waimataitai. It was being driven to the Washdyke by a young man and became very refractory, madly rushing up and down every road but the right one, much to the annoyance of its driver. Not satisfied with traversing all the roads on the route, it, when m front of the residence of the family m question, took it into its head to mako a now departure from its previous tactics and m a twinkling jumped over the front fence, careered round the garden and into the backyard, and not seeing an easy exit made straight for the kitchen door, which happened to be open, most unceremoniously rushed through into the hall, and then into the family's best bedroom, where its further progress was stayed. As may be imagined, tho inmates of the house had their wits thoroughly frightened out of them, and at the first sight of their very unwelcome visitor they made themselves scarce and let it have a clear passage. Its driver, who was not long m following his charge, and ascertaining where it was reposing, got through tho bedroom window, and after a little trouble managed to get it out the way it came m. No sooner, however, was it again on the public road than it resumed its erratic habits. Luckily during its aninvited risit to the house it did no damage. We publish m another column this morning full particulars of the inquest held on the body of the boy George Henry Prattley who was accidentally killed on his father's farm on Monday evening. Our reporter's account of tho circumstances attending the death appeared m yesterday's isßue. He sends us now the following additional particulars : — Tho " fatal gate " is made of bluegum Sin by lin timber, and is of great weight. At present it swings on three thicknesses of wire, wliich are placed just above the bottom rail, some lix inches from the ground. The gate has five rails, and from slight marks of blood it is seen that deceased put his head m botwecn tho third and fourth bars. He then must have tried to lift the gate too, and as it had not shifted from its position, it must have toppled over and killed him. The unfortunate little fellow, so far as our reporter could learn, was not heard to cry out j nor did he seem to have made an attempt to get from between tho bars, his hands being found to be tightly attached to one of the bars as if m tho act of doing what wo have described. Farmers and others should take heed of this sad warning, and at once sco that all their gates to which children have access are always securely and properly swung ; not be content with twisting a few strands of wire or strips of leather about their gate posts, both, m their way, " rule of thumb " and new chum methods of fastening up gates, but which aro often seen on farms m this country. Tho following is tho list of prizes distributed at tho Scotsburn school, on Saturday, tho 13th inst. Miss Hadfield and Miss Pritchard judged the sewing; Mosbw Dennistoun and Barker tho gymnastics. Miss Hadfield, assisted by Mr Barker, made the presentations. Standard IV. — W. J. Pithio and M. Langford (equal), first j Frank Bitchie, third. Standard 111. — Isabell Pithie, first ; Hannah Suit, second ; Albert Sowerby, third ; Jane McMillan and William Langford, fourth. Standard II. — Alexander MoLeod, first j Marion Thew, second j Edith Pithie, third. Standard I.— John Thew, first j Charles Jenkins, second. Infants. — Upper Division— Eliza McKay, first ; Martha Howson, second ; Bebecca Hanford, thirrj. Lower Division — Bach child received a prizo. SowiDg — Jane MoMillan x first; Marion Thew and Jessie Whitton (equal), second ; Martha Hewson, third. Gymnastics —John Thew, first ; Albert Sowerby, second ; Charles Thew, third. Drawing —John Pithie, first ; May Langford, Becond. Map drawing Frank Bitchie. Good attendance — Martha Hewson. The prizes consisted of books, writing-desks, and work-boxes. The proceedings terminated with cheers to Miss Hadfield, Mr Barker, and the teachers.

An act of juvenile heroism wag witnessed at one of the brick fields m the vicinity of Bonier street, Liverpool, recently. Two ohil« dren, aged respectively seven and three years, who were playing about one of the disused pits, took it into their heads to board a raffc which was within their reach, and put off for a " cruise." They were not long " piling " when the younger o£ the little voyagers went " overboard," and the other, unable if willing to render him any assistance, commenced to Bcream for assistance m his child-lite way, but without procuring any at the moment for there was no one about. Jußt then a boy named Gerald Hand, Bged about 12, who resides at 17 Hampstead Bead, Elm Park, son of Mr John Hand, of the Liverpool School Board, happened to be passing on his way home, and hearing the distressing cries, ran to the pit eido, and without waiting to diveßt himself of his clothing, p unged m and swam to the spot where th *her child pointed out that his companion jt*U disappeared. After repeated dives to a depth of about soven feet, Master Hand succeeded m bringing the child to the surface, and then by a hard struggle for his own life as well, brought it to the bank, to all appearance dead. By this time a gentleman arrived on the scene, wko took the little sufferer at once to a doctor'i house m the neighborhood, where it was after much difEculty restored to consciousness. The little hero of the soene, although an oxpert swimmer for his age, was bo much exhausted, and evidently suffering from the effects of his immersion, that restoratives had also to bo applied to bring him round. If the sufferers from consumption, scrofula, and general debility, will try Scott's Emulsion of Pure Cod Liver Oil wiih Hypophosphites. they will find immediate relief, and without doubt a permanent benefit. The medical profession m the various countries of the world universally declare it a remedy of great value, and as it is very palatable it .can be readily taken by the most sensitive stomach, and never fails to give relief and comfort to the sufferer. — [AdtiJ 4 Ambbioak Co's Hop Bittbbs are the Purest and Best Bitters ever made. They are compounded from Hops, Malt, Buchu, Mandrake, and Dandelion, — the oldest, best, and most valuable medicinoß m the world and contain all the best and moßt curative properties of all other remedies, being the greatest Blood Purifier, liver Begulator, and .Life and Health restorer on earth. No disease or ill health can possibly long exist where they are used, so varied and perfect are their operations. They give new life and vigor to the aged, and infirm. I'o all whose employments cause irregularity of the bowels, or urinary organs, or who require an Appetizer, Tonio, and mild Stimulant, American Co/a Hop Bitters are invaluable, being highly curative, tonic, and stimulating, without intoxicating. So matter what your feelings or symptoms are, what the disease or ailment is, use Hop Bitters. Don't wait until you are sick, but if you only feel bad or miserable, use Hop Bitters at once. It may save your life. Hundreds have been saved by bo doing. £500 will be paid for a case they will not cure or help. Do not Buffer or let your friends Buffer, but use and urge them to use American Hop Bitters. Remember, American Hop Bitters is no vile, drugged, drunken noßtrum, but the purest and best medicine ever made. Try the Bitters to-day. Get at Chemists or Druggists. Beware of imitations. Genuine has Dr Soule's name blown m bottle. — [Adtt.] " You Don't Enow Their Value." — " They cured me of billionsness and kidney complaint, as recommended. I had a half bottle left, which I used for my two little girls, who the doctors and neighbours said could not be cured. I am confident I should have lost both of them one night if I had not had the American Co.'b Hop Bitters m my house to. use. That is why I say you do not know half the value of American flop Bitters, and do not recommend them highly enough." See [Advt.] Highway Bobbery Almost, to sell the poisonous, drunken, purging stuff as medicine to honest men, innocent women, and harmlesi children to weaken and destroy their systems and health, when pure harmless Hop Bitten can be had that cures always and continually at a trifling cost. Ask druggists or physicians. Bead [Adtt.] SYNOPSIS OP NEW ADVEBTISEMENT3. Jonas and Bourn, ou the 19th Inst., at 2 p.m., pat Mr Goorgo Green's residence, North street— Kurnituro salo ; also, on the 23rd inst., at Pleasant Point saleyarda — Cattle and sheep. N.Z.L. and M.A. Co.— Hold grain sales early In April. i>\ Cotton, on the 27th inst, at Christchurch. at 3 p.m.— Will sell a pack of harriers. District Land Kegistrar— Us Timaru Woollen Factory. Baptist Church— Sals of work, &c. next week. Sydney Wolf— Business notice. Oamaru Jookey Cluh— Nominations for tho Autumn meeting on Jlarch 22nd. Jamos Granger— Notifies that Mrs Kontoul's farm is lor sale. Shipping Co.-Advertlsa Mataura, for London noHcot 1 * 3 ' prol ' rlßtor "Timaru Herald "-Business J. I). Slater— Business notice. Jrunernl notico — One. Lost— One notice. WanUd-One notico.