DOMESTIC INTELLIGENCE.

Wellington Independent, Volume XV, Issue 1393, 30 December 1859, Page 5

DOMESTIC INTELLIGENCE.

SUPREME CO OUT. King v. Fwitherslon. Allen v. same. King v. .MuKeuzie and Mvii". Allen v. the same. These lon;» pending actions were nn the trial paper lor Monday, tlio Stb. instant. Tliey huve however been teiuihiatcd liy consent of the parties with tlie applanation of Air. Justice Johnston; tlio llecords in the several actions being withdrawn, and each party paying his own costs. Friday, 9tii Deckmi)Bii, 185!). His Honor Mr. Justice JahiiHtoii presided. The Civil Sittings of this Court were resumed as above, when it immediately proceeded to try the record i" the case of PIIAK.UVX V. W'AItnURTI .V. Mr. Waui) appealed Cor pl:>i'.i(,itf and Mr. King for defendant. 'l'iie issue in this case being upon .nvarl and satisfaction o:.ly, .Mr. King for deleiiclant openeif the case to the Jury, and stated : — That this was an action to recover t!u-amount of certain Bills of Exchange. After the action • had been brought certain negotiations took ■place which failed; oilier negotiations took place and a draft of a mortgage deed was ( prepared in which the plaintiff was mortgagee,, and which lie, through iiis solicitor, Mr. Chees-maii, accepted ;iUs deed was executed on the Ist of June lasl, whereby thu whole amount of the bill, \iitli interest, oaieuhled to that date, was with |irinei|)al to be repaid on the l<l June, 18fiO,—-giving at the sanio tiuiu tin: defendant, Mr. Wavbiinon, the option of paying uH any portion of the amount at any time <i'.ui:>y that interval, in sums of not less than 4! 130. The plaintiff had accepted this mortgage in siuisfaetion of his demands. Tile defendant maintained an affirmative view of this question, and it was for the Jury to decide if this hail been the case. The Jury relumed a verdict fur ihc plaintiff, the interest to be calculated by the .Registrar. Kino v. Am,ex. The following Special Jury were then sworn Messrs. J. Kebhcll (foreman), H. A. White-, \V S. Luxley. \V. It. C. Brown, J. G. Kinross, George Tiuubiili, Walter Turnlmll, William Best, Georg-H Cinwford, \V. L. Hurst, Tliomas Kchhell, and \V. W.Taylor. Mr. UnAXDOS appealed for plaintiff, and Mi. Boulasu for defendant.The only question for the jury to decide in this case was whether the stipulatiniifor signing a certain schedule of goods and elfjcts of which the defendant took possession, by virtue of arrangements made with plaintiff, as executor of the estate of the late vV. F. Christian, was waived or not. The plaintiff and Mr. Thomas Waters, of Wanganm, were llio only witiu'ssoo examined, and tiie evidence was only a •recapitulation of what had been already published in our columns. _ The Jury after .i shot consultation returned a verdict for the plaintiff. Bird and Another «. Hiokson. The following Sjieoial Jury were sworn in this case, Messrs. W. M. Bannatytie, (foreman), \V Tiuubiili, J. G. Kinross, J. C. Crawford, r II Wallace, VV. Bowler, \V. S|>inks, George Turnbull, J. F. B. Wright. W. tt B. Brown, H. A. While, uiid W. li. UUodes.

.Mil. Kino, with whom was Mr, Rtmwsi' j appeared fur the plaintiffs MY. Uimndon fbr the defendant. This was nn notion hroiijrht by' plaintiff- as assiances fur-the estate of John Uiiljjtvuy, ugainst defendant to compel him to exei-ut.'ii conveyance- tv them of v certain portion of Town Section, number 20!) on the plan of the Towi of WullingV-n, which it wis al* Icred lie hinii-rhtas af-cntof Messrs. Riil-rw.iv, diiytoi), anil Earp. To this the defendant replied, thnt he had made the purchase alluded t", on his own behalf and not as an ufrent, hut that even admitting ho did buy it, it was afterwards put up to public auction, and fairly bought by him there-it, and that hy sj dotii-rlic secured a legal title. Our readers will, perhaps, best understand the case if we place before thcin the issues which the J.ury were directed to try, viz: —

Ist. Did the firm of Hi tig way, Guyton, and Earp carry on their business 'on the oremises comprised in the grant lo defendant referred to in the declaration only, or in llie said premises and on oilier part of the seclion 209 on the plan of the Town of Wellington. and. Did the defendant purchase section 209 as an agent for and on behalf of the firm of Itidgway, Guyton, Earp, and Company. 3rd Did the defendant offer for sale by public auction, and purchase as the highest bidder at a sale thereof by public auction the land and premises comprised in grunt to defendant of part of section 209, now in his possession. Several witnesses were heard at considerable length, and on the second day the Jury retired and after tin absence of more than one hour returned with the following verdict. On the first issue, the Jury found affirmatively. Ou tlie second issue, the Jury found that "the defendant did nut purchase ns agent for the firm of Kidp-.vny, Guyton, and Earp, but that he did make such purchase with a view of benefitting the said firm. On the third issue, the Jury found affirmatively. This terminated the Civil Sittings.

Accident —An accident which had it not been for tho intrepidity of our fellow townsman, Mr. A. Cockroft might have terminated fatally, happened to one of Mr. Compton's (the Grocer's) little hoys. It seemed that the younjrster on the evening of boxing day while waiting for his mother, wis playing on the breast work of Lambton quay and overbalancing himself fell into the water. Mr. Cockroft who was passing at the lime with an entire abnegation of self plunged in after him, and it was with great difficulty (Mr. Cochroft himself not being able to swim) that they were both rescued, fortunately we are glad to be able to record, no ill results have accrued.

On the same day Mr. Winteiingham of the Hutt met with a serious accident. It seemed that in the excitement of holiday keeping he began wrestling with a person of the name of Donald, when lie was heavily 'thrown and had Ihe misfortune to break his leg in (wo places, j Every attention was promptly paid to the sufferer, and he is nosy progressing favorably. We regret to have another item to add to the list. Ab Mr. Death's Van was coining from the Hutt on Boxing day, shortly after starting, and nearly opposite Mr. Fitzherberts residence, Mr. Clelands conreyanee with a restive young animal in harness had the misfortune to come in contact with one of the Van horses, and notwithstanding every skill and care ofthe driver was overthriwn and dragged with it theotherhorses anil Van. The passengers, with the exception of a maori female and child, who we are sorry to state were seriously injured, escaped with, a few bruises. No blame is attributable to any one.

Fifk a r the Lower linn —On Wediien. day, the 25:h Nov., the house of Mr. Whyley at the third river, was burnt-to the ground during the afternoon while the family were busily occupied working on their land :—everything was destroyed. A subscription was immediately got up by the neighbours and we understand was cordially responded to.

Fire.—On Friday night, ihe i)th inst., a fire broke out in the premises belonging to Mr. Archibald, Willis-street, and sucli was the rapidity of tlie conflagration that in a very short time they were entirely consumed. Fortunately it was a fine night, with hardly a breath of air lo fan the flumes ; so that tb rough strenuous exertions the fire was confined to the premises iv which tbey originated. If it had been blowing al the time a considerable amount of property would inevitably have been destroyed. Inv.-.iediately on the discovery of the fire, the alarm was given, and there was soon a large concourse of people prf-sent. Through the exertions of the neighbours a portion ofthe furniture was saved ; but, notwithstanding the most praiseworthy efforts, it was found impossible to save tho house. The fire engine belonging to tho London and Liverpool Insurance Company was tpiickly on the spot j the Military engine, with Captain Turner, the officers ofthe Garrison, and the soldiers came in double quick time, and we also observed some of the officers and crews of the vessels in port. All present seemed lo vie with each other in their efforts to extinguish the (lames j and the exertions ofthe millitary and citizens were worthy of all praise. It is not known how the fire originated. There was no ntio in the house at the time, Mr. Archibald being absent from heme, and the family at tho Mutt. The premises were insured iv the Northern Assurance Company for£l33. OuTiuGi". —On Sunday morning, the 18th ■inst., it valuable horse the property of Mr. C. A. Vailnuce, was wantonly destroyed by some miscreant. We can hardly find language to express miv abhorrence of such an act, and trust the perpetrators thereof will shortly meet the punishment that such brutality merits. A reward of £20 is offered for the conviction of the ofiendors. FutK.-Wc regret to have to record the total destruction by fire on Christmas morning, of I Mr. Acotu-t's house at the Waiwetu in the valley ofthe Mull, and the most aggravating fea-1 ture in the case was, that the propelty was uninsured. The origin of the fire we have been unable to ascertain. Much sympathy is felt for Mr. Ascourt as he is a hardworking, honest! and steady settler. - I Inquest.—An Inquest was held ou Saturday,, 1 Dec. 2(, at the Aglionby Arms, Hutt, before Dr Kobbcll.and a highly respectable Jury, on view of the body of a man named John Barrett, who was found dead in his bed ou the morning i in question. It seemed that deceafed, who vim of intemperate.habits, retired to rest in, a state of intoxication im the Friday evening, and that in course of the night he was seized with a fit of apoplexy. The Jury returned a verdict accordingly. The " Snahesbhook."—On Thursday, the Sth inst, George Bell, cook of tbe barque Snaresbroak, was charged at the Resident Magistrate's Court, with a breach of the-Mer chants' Seaman's Act, in having refused duty, and with having wilfully damaged and made away with part of the cookiug titeusils belonging to the said ship, Tbe case was tried before B. A. Fcrard', Esq., R. M. Tbe pase was clearly substantiated, by the testimony of severu witnesses, and the prisouer was sentenced to

Tie month's pnprix.inine.'it with lii.ril labour. It will bo remembered, t'iat in t ! ie lute cai« ilesjina v, Straker, Oe-irR • Bell, on being recalled, distinctly snr.iro, '• t'mt h.i did not throw portions of the p.illoy nor nte isi:s overboard," his conviction therefore lays him open to the charge of perjury. ' Our re iders will se? l>y m a'li-ertiseuient in the oolumns of this trim'ier, lh-il the cclcSrate-l firm of Messrs. Thos. W.iitc V G,)., nr l?,irt<moulh, hnveappointed Mr. Jn.ne<j l<. \Vil! s) a;'ent in New Zealand for their patent heaving up slips, wliich have obtained for them a innne on the list of Inventors which will ever Im estesmecl &% the most tinpiirta'it by ihe inercintile miriiie. And we sincerely trust that our enterprising merchants will at onoe perceive the necessity of proo:irin;r one of those slips which would eventually bring their plan into n.itice for its commendation to vcssaW, and at a much less co.<t than blocks, and the sum 3 time a-lirdin,,"advan-tages equally as great.

Jhe GovEits-on.—Bv the Sarah .5* Elizabeth we learn that H M.S. Nig S r,wh\i his Excellency the Governor on hoard, was observed steaming; througn the South entrance of Qieen Charlotte Sound on Wednesdiy hut. at 2 p.m. His Excellency was expected at Waitohi on Sunday last, but did not arrive until Monday. The natives and Europeans had all assembled to meet him. The Niyr must have proceeded to the southward.

Wairaiupa Cosvkvasue —Tt irives us great pleasure to inform our ivader.s that Mr. Hast* well has commence'; running a conveyance once a week, between \V"lli-i<rui'i and tbe'ltfuirarapu. Tt starts fro n '.Velli-i-jtnn u-i "Wedne.sday st 12 and renche* fi rev tow-mi 0 ./cl-.ck the sicneerenimTrctiirnioru*i th«folio vin<rTiiesdav. This rite of travell'n ris most expedition l ", and the opportunity of spi-ndin-r a week in the Wairarapa which it iiffurl* will nu doubt be extensively embraced, the in .re especially as the fare is only ten shillings. Mr. Ifastw'ell is having a more commodious conveyance built than tbe the one now in use, which will be feadv in a few weeks.

"the Wonga Wongi, Captain Renner, from Ahuriri, arrived iv this burhoui at 4 o'clock on Monday morning the 19th inst. She had a very boisterous passage from Wellington to Napier, and such was the strength of the gale that it literally blew away her quarter boat frota, the davits. She arrive.', "at Napier on Wednesday, calling at Castle Point on her way; remained there until Saturday, when she started for Wellington at one p m , and made the passage in 39 hours. The Napier Government, in compliance with the demands ofthe General Government have withdrawn' the small subsidy giren to the Wonga Wonga, and have given three times the amount to the White Swan. Such a proceeding needs little comment from us, the public of New Zealand will be abie to judge for themselves. The Wonga sailed again on the 20th returned to port on t" c 22: id after having made a very quick trip to Wanganu''. She left Wellington on Tue:day, with a full cargo, and a lumber of passengers, arrived at Waaganui the fullmvi'i; morning, discharged cargo, loaded ag.iin and sailed the same evening, callina at Pict-m on her way hither, the whole lima occupied being about 54 hours.

The " Juso."'—Tbis vessel i< now upon Messrs. Dryden and Tiiirkell's slip undergoing a thorough overhall, and hem,,- coppered. This is ihe largest vessel thnt has yet been on the slip, and it speaks well for the port to be able to effect ship repairs with'such facility. The Junt is of peculiar construction, of light draught of water, and well adanted for crossing. the bar rivers of New Zealand. -She was. built on tbe Huoti, Tasmania ; her timber?, planking, &c, are hltv: p-um, and very stronj. She is bame built; and has a centre board, which, when down, extends 8 feet b*dow the bottom of the vessel. She measures 75 feet overall, 18 feet beam, and 5\ feet depth uf hold! She is only 50 tons register, but has carried 100 tons dead weight. O.i one occasion she con. veyed from Lyttelton to Christchurch 60,000 feet of sawn timber, besides 16 tons of goods. She has capacious cabins, well fitted for carry, ing 12 passengers. Her coppering is being very rapidly proceede I with, and she will satj for Port Cooper on Welnesday next.

Upper Hutt.—On Wednesday the 30th November, the Inhabit ints ofthe above place were alarmed by two serous accidents happen* inglwithin a few hour< of each other. The first accident took place about mid-day, at Messis. Duncan aud D maid's Victoria Steam Saw Mill, one of the workmen had his head crushed in the steam engine, but although tha injury was very severe we are happy to say he is progressing favorably. With regard to tho second accident we are sorry to say it has heen of a more serious and even fata' nature. It appears that Mr. milliard, the Storekeeper, had proceeded to tbe Mungaroa on business, on horseback, and on his return about 6 o'clock in the evening when near!* opposite the " Highland Home" Hotel, (wiere some cuttle were being driven into Mr. M'Hardie's stock yard) bis horse became through some cause restive and rearing upon his hi id legs over balanced itself and fell heavily tiion its rider. -Mr. Milliard on attempting to rise found himself too severely injured to do si, he was consequently lifted by several of tin neighbours and Dr. Boor, of the Hutt, was immediately sent for who most promptly attended, and remained with the sufferer. Oa the following day his symptoms becoming more serious and alarming a messenger was despatched to Wellington for Dr. Kehbell, who arrive las quick as his horse could bring him, hut so severe was the nature ofthe accident that no medical skill could stop its fatal consequence.

The whole of the neighbours were most assiduous and seemed to try who couhl do most to render assistance, aud Dr. Boor •rits unremitting in his attendance upon the sufferer from Wednesday until Saturday, when at übout £ after 1 o'clock, death put an end to his patients suffering. It has caused a deep melancholy throughout the Upper Hutt, as the deceased was much respected by all who knew him. Fire at GuEyrowN, Wahukaea.—We rer gret to hear, that on Sunday Evening, Nov. 23rd, 1859, Mr. Judd's house was burnt to the ground during tho temporary absence pf its occupants—and everything was destoyed, they being only bft with the clothes they stood upright in. ' , Cocumoebs.—Mr. M -instil, Nurseryman, Portobella Tea Gardens, has shown us some very flue samples of cucumbers. One of them measured 24 inches in length, by seven inches in circumference, with thc.bloum on it, anrl.d.iw* er at tbe end. Several others were nearly ns large, and taking them as a whole, are ocrminly the finest specimens that we have seen grown in this Province. The " Aoasia.."—Tjuis vessel was very fortunate with her last shipment of sheep to O.stsrq,; .uiviug lost only 70, out of upwards of 1400'" put. on hoard, aud they were principally tost ia tbe surf whs*i--Isndmg.

Pkputatio.sto thb. Juiioe.—A deputation of the Cuinmittee. who have been ei-*g-age<) in petting' np tho petition fir a commutation ofthe sentence passed upon Charles Struker, waited ■on His Honor Mr. Justice Johnston, hv appointment on Saturday mornitifr in his Chamber's tit tho Supreme Court. The deputation which.consisted of James Carter, Ksq., Chairman, Mr. It. J. Duncnn, Secretary, and the foi* lowing' members of the Committee, Messrs. Banuatyne, Bowler, Hart, Hunter. Bin.des and Woodward, was very kindly received by the Judge, who requested the Chairman to'state what the Committee wished him (the Jml ire) to do. Mr Carter then in a 'brief, address pointed out with much force, the number and quality of the signatures to the petition, and lUe earnest desire that was felt for the co operation of Ihe Judge on the one ground, thai it was iticonsis ■■lent with the humane procedure of modern limns to inflict the punishment of death in the absence of proof of deliberate 'malice. The Judge in reply poined out very lucidly tlie reasonableness and propriety of the law under wliich the convictinn had taken place, expressed his pleasure that nothing had been done Li cast any imputation upon the 'jury who he considered had very ably and faithfully -discharged their duty, or upon the conduct nf the defence which he believed to have been most judicious, but added that he would again pray his Excellency Jo consider, whether ihe example already made by the trial and sentence, coupled with the lengthened term of imprisonment that would necessarily follow, would not answer all the ends of justice, in which case he (the Judge) would join most earnestly in tlie prayer, that the life uf the prisoner might be spared, upon, which the deputation withdrew, after thanking His Honor fur the very kind consideration he had given to the subject they had biought be. fore him. It may be added thai His Honor ■ took occasion to express tbe gratification that he felt in observing the interest with which the proceedings ofthe Courts were watched by the intelligent classes of the cniiimum'tv. the effect of which he said could only be, most inaleri ally to strengthen the hands of those to whom .the administration ofthe law was eiitrusted.

{To tha Editor of the U r cllitiglun Independent.) Srn,— i beg to offer the following remarks on the trial of the officers of the "'Snare.-sbrook,' thinking they are in favour of the prisoners and ■have been overlooked.

It appears to me that Muir died ns -much through the effects of sea scurvy as ill-treatment. His legs were covered with sores which when pressed by the finger did not rise, but retained the mark of the finger: and at the time of his death his breast was covered with black spots, which always appear in the last of sea scurvy, nnd after which death would almost immediately occur unless the patient received proper medicine. The boy having the scurvy would naturally become lazy and even careless of life. It may bo said that this makes the cruelty of the prisoners worse, —but they might have been to sea tor years and never havo seen a case of scurvy, and therefore not knowing tho disease or its effects, they would naturally attribute the boy's lazy conduct to habit. People delicately brought up, and unaccustomed to salt provisions, are always more subject to scurvy than sailors. .Having had a great amount of experience in this disease; not the slightest doubt remains in .rhy mind that the boy at his death-was in the last ■stage of sea scurvy. I remain, Your obedient servant, F. Locus, Surgeon, R N.