RESIDENT MAGISTRATE'S COURT.

Wanganui Herald, Volume III, Issue 643, 3 September 1869, Page 2

RESIDENT MAGISTRATE'S COURT.

Friday, Sept. 3, 1869

(Before J. Cameron, Esq, J.P., and Thos Powell, Esq., J.P.) BREACH OF POST OFFICE ACT. T. McDonough v. Capt Doile. The defendant was charged with vionj? ' ,On the 28th AuS"st, the Post Office Act, by failing to take the mail on board when it was tendered to him by which he made himself liable to a penalty not exceeding £100. The defendant denied the charge. C. H. Ellaby, examined by Mr McDonough : I remember Saturday last; I fixed to close the mail at 12 o'clock; I agreed with Capt Doile to have the mail on board at 12 30; the Storm Bird was bound for Manakau ; I made up the mail at twelve o'clock and despatched it from the office at 12.30 p.m.; the mail was brought back at 12.20, and the messenger said the steamer had sailed; this was the time by the Post Office clock ; I looked out of the window and saw the steamer going down the river.

By Mr Borlase:—l received notice from Capt. Doile to alter the mail between 9 and 10 a.m. on Saturday; the clock, I believe, loses about three minutes a week ; Mr Robinson comes down nearly every day and regulates the clock. Alfred James Webb : I am messenger to the Post Office ; I recollect Saturday the 28th ult. ; I received a mail from the Post Office clerk, and took it to the jetty ; I waited until the boat came to the jetty, and while I was standing there the Bteamer left; I then brought the mail back, and it was from 20 to 23 minutes past 12 o'clock. By Mr Borlase : It was 12.15 p.m. when I went down with the mail; I waited on the jetty about three minutes ; the vessel was about 100 yards from the jetty ; the reason I did not wait longer was because the steamer had gone down , the river ; I did not see a boat come ashore from the Storm Bird. j Re-examined: I did not notice the clock for two or three minutes after I came back.

By the Court: It was -while waiting for the boat that the steamer got under weigh

J. W. Robinson : I have charge of the Government clock ; I keep Wellington time ; I recollect on Saturday taking a note of the time by the Post Office clock ; about 2 o'clock on Saturday, Mr

McDonough asked me to go down and take the time of the Post Office clock; I took the chronometer -with me ; I found the clock two and a-half minutes slow ; I keep a register of all the clocks, and know what they vary. By Mr Borlase : I took the time from the chronometer to my watch ; 1 regulated the Post Office clock, and can't answer for it being touched. For the defence—

John Griffiths : I am record officer of the Storm Bird; I remember Saturday last, when the Storm Bird left this port for Mannkau ; the vessel left the anchorage about twenty minutes to 1; I went ashore with Mr Jackson at 12.30 p m., and got back about ten minutes afterwards; the vessel sailed as soon as we returned to the steamer; I landed Mr Jackson nearly opposite Mr Lewis' store; the vessel was lying about 250 yards from the ferry wharf; the wind on Saturday was south-west, and a heavy sea was on ; if we had remained much longer in the river we should not hay c got out that day.

By Mr McDonongh: As far as I could judge it was twenty minutes to 1 when the steamer left; Tarn positive it was half-past 12 when T left the steamer ; the action of the sea affects clocks.

Arthur Trwin : T am chief mate of the Storm Bird ; I recollect sailing from this port on Saturday last; I started at twenty minutes to 1; the second mate always takes the time for me ; the logbook states, "12.30 p.m., weighed anchor and proceeded ;" the boat took Messrs Jackson and Jones ashore.

Captain Linklater said he could not give a decided opinion about the meaning of the expression in the log-book— it was open to a difference of opinion. John McLaren said he was at the heads when the Storm Bird went out on Saturday last, and a few minutes later she could not have got out. The Bench, after retiring for a few minutes returned into Court, and said it was found that the Post Office had made out its case, and they would inflict a penalty of £5 and costs.

Dr Suther v. James Rapley. Claim £3 3s, for medical attendance.

Dr Suther said : I attended upon Mr Rapley, and surgically examined him ; when I asked him for my fee, he said I had never attended him ; at the time I attended him I was practising in Wanganui; I gave him advice at least on three occasions ; I attended him at his own house.

By Mrßapley : Between the first and second visit it might be a day or two ; I never said I had given, more than one prescription. James Rapley said : About the beginning of the year Dr Suther was passing the house and 1 called him in, and he prescribed ; I immediately after left for Wellington, and he never attended to me again ; there was no examination, but merely looking at my breast. Dr Suther here stated positively that he examined him surgically, [and described the examination. Judgment for £2 2s and costs.

Disraeli's First Spkidch.—lt was made December 7, 1837, on a debate on a motion of Mr Smith O'Brien about «n Irish election petition. The strange dress, figure, and manner of the new member, and the studied extravagance of his diction, convulsed the House with laughter, which at last drowned his voice. The conclusion of the speech is thus reported in Hansard :—When they recollected " new loves" and the "old loves," in which so much of passion and recrimination was mixed up between the noble Tityrus of the Treasury, and the learned' Daphne of Liskeard (loud laughter,)— notwithstanding the amantium irae had resulted, as he had always expected, in the amoris integratio (renewed laughter)—notwithstanding that a political duel had been fought, in which more than one shot was interchanged, but in which recourse was had to the secure arbitrament of blank cartridges (laughter)—notwithstanding emancipated Ireland and enslaved England, the noble lord mi°-ht wave in one hand the keys of^StPeter, and in the other [the shouts" that ioliowed drowned the conclusion of the senrence.] Let them see the philosophical prejudice of man ! He was not at all surprised at the reception he had experienced. He had begun several times many things, and he had often succeeded at last. He would sil aown now, but the hour would come when they would hear him. [The impatience of the House would not allow the hon. member to finish his speech, and during the greater part of the time the h< n member was on his le°-s, he was so much interrupted that it was impossible to hear what he said.J

COROMANDEL. A correspondent of ours returned from Coromaridel yesterday. He informs us that there is some excitement about new discoveries. Several claims have been taken up within the last few days, and a rush, though quite premature in his opinion, will very likely be the consequence. The main line of reefs runs due south and north along the Tekutea ranges, which divide Coromandel and Kennedy's Bay, about 2,500 feet above the sea. The ascent from the old j digging township at Coromandel to the top of the ranges, a distance of about five miles, is very steep. The best road leads up a spur from Paul's . creek, which, though rather a longer distance, is easier and dryer. Starting from north to south on the western slope, our correspondent visited the Kapanga No 1, the Harbor View, White Crop, and Brian Bom claims. Crossing over to the east side, he came first, further south, to Morgan's j and, going north, to the Tekutea, No. 2, Caledonian, M'Leod's (prospector), Excelsior, All Nations, Day Dawn, . Lord Dimdreary, Golden Crown Nos. 1 and 2, the Great Nugget, and several other claims. In the Prospectors' (Mr McLeod's) claim, very rich gold is reported to have been struck, but there being an injunction on the claim on account of some dispute our correspondent co\ild obtain no access to. Morgan's party showed him some very good specimens, said to have been got out of one of their leaders. North-west of Kapanga No. 1, Messrs. Mactavish, Mackay, and Leonard have applied for a lease of sixteen acres to be called the Royal Mint. There is a great discharge of quartz in both these latter claims. The main line of reef from the Prospectors' claim runs due north and south, and leaders branch off at various angles towards Harton and Kapanga, and towards the old workings of Governor Hay. In this gully the main discharge of quartz appears cutting through the lease of the Royal Mint. All parties, our correspondent informs us, go to work with great spirit, so that we may hope to hear of some good discoveries from this district. Our correspondent wishes us to express his thanks to Mr Henry Graham, who kindly acted as ciceronethvough. the district.—Thames Times.