MISCELLANEOUS.

Wellington Independent, Volume XVI, Issue 1693, 13 December 1861, Page 3

MISCELLANEOUS.

EXTRORDINARY SuiCIDBS IN PARIS.-— Another new street which is to be very magnificent (says the Paris correspondent I of the Star and Dial) is in course of erection. It will when finished pass over the | site which the Morgue has occupied. That supplemental building to the "Bridge of ! Sighs " will be removed to the east end of the city immediately behind Notre Dame. The Morgue naturally suggests the numerous sucides which have this j week been committed. One was by a Savord, who, not having money to pay his rent, took it into his head to get out o( his landlord's power by means of a pan of charcoal. Another lost in some speculation on the Bourse, and shot himself; a third grew jealous about some womau whom he admired, and drank a quantity of sulphuric aoid; and a young girl, prompted by a similar passion, stabbed herself to the heart in her lover's presence. There are several others reported in today's paper, the most singular of which was a man putting an end to his exist* ence because he felt an intense degree of curiosity about the, other world which he had no means of satisfying in this. Before he committed suicide he made a will disposing of his property, that bore no mttfks of the peculiar state of his mind unless in a note appended to it after it had been duly signed and witnessed, in which he said that he had all his life a passion for travelling, that led him into nearly every country on the face of the globe, and finally into making a voyage of discovery into regions of which no geography had been written, and which hitherto were supposed to be the birthright of a set of fanatios. A Re-appearance in London So-oietsv-The London correspondent of the Dublin Daily Express says — Sir John Dean Paul, Bart.,whose misfortunes some years ago made him acquainted with strange bedfellows though the medium of the Old Bailey, has re-appeared in London sooiety. I heard recently of this having dined at the house of a person of distinction, whose guests where enlivened by the ex-banker*s piquent personal reoolleotions of life in the hulks. My informant added that Sir John's jeminiseenoes seemed not to have left any very unfavorable impression on his mindj and that it was evident everything has been done

hat could be done to make things as pleasant as possible for him. A priest of Milan was inuoh struok with the repentant air of a young, elegantly , dressed man the other d ay, and gave him absolution. He soon afterwards found that he had lost bis valuable repeater. The penitent was an eminent pickpooket ; and the worst of all in the eyes of the priest is that he sent the scamp away fully absolved, so that as a matter of conscience he oould not appear against him. Agricultural Wages in Ireland. — A special correspondent of the. Times is writing some interesting letters on agricultural progress in Ireland. In his last < letter he says:— About Waterford wo found wages to be ordinarily 6s. a week (or a man and 3s.\for a woman ,• and 2a. to 3s. a day for reapers and mowers fat one or two harvest weeks, without ale or any other addition or perquisite. And from the weekly wages has to be deducted 6d. to ßd. fora cabin of one or at most two so-called rooms, on the ground floor. v About Lismore^ average wages are 55., with cabin rent free ; or 65., when the labourer pays about 30s. a year for a hut slated and * called a cottage, with a few square yards of ground for cabbages — the labourers generally renting their homes , ,of the farmers for whom they work. But many work-men are boarded at the farmhouses, having 2s. 9d. to 3s. per weefr, with three meals a day of bread, sour milk, &c. And much of the work is done by hired hands lodged as well as boarded, the small farmers and their families also ~ doing muoh for'themselves. The diet of the ordinary out-door labourers is wheaten bread, either of whole meal, or of this mingled with the finer quality of bran, so as to be very brown and coarse ; but a cheaper food, the Indian corn meal, at Id. or ljd per pound, made into stirabout with the sour milk of the dairies, is more extensively consumed by these hardliving people held in an involuntary servitude to poverty. That a family can exist, and find food, warmth, and shelter that infants and children can be reared and olothed ; that a dress less tattered should distinguish the destitute peasantry on Sundays ; and that In many cases money can be spent in whisky and tobacco is really astonishing; and yet the union workhouses have comparatively few inmates, though out-door relief is denied. Almsgiving, the distribution of_ money and clothing by those who have made it their profession to look after the corporal as well as spiritual wants of the population ; the many benevolent societies, more particulary the large organisation of St. Vinoent de Paul, and public and private charity in many forms, alleviate distress and sickness to a great extent in the large t >wns and their environs. Iv some localities the'girls earn their own clothing (with that hooded cloak which serves for shawl, oape, and tyonnet, aodording as they graoefully wear), by sewing muslins and by other ingenuities of the needle, taught them in the convents or the national schools. But in purely agricultural districts means of relief are rare. It is a common, though not universal, thing for a labourer to have a quarter, half and even up to three-quarters or ft whole acre of potato ground ; and to this all mysteries as to means of keeping body and soul together, are referred for solution. Children scrape manure off the roads ; a man some times can keep a pig, and for the manure thus got together aJarmer allows his men plots of potato field free of rent, in proportion to the quantity of manure they pan furnish. The farmer does the ploughing, and the labourer finds seed and manure, and plants and takes up his work. Sometimes the farmer finds manure, in that charging a rent at the rate of £4 or £5 an acre. But the potato rot is a terrible disaster to the Irish labourer until the better style of husbandry shall have raised the rate of wages to a muoh higher soale, the crops here this year being expected from the portions dug, to be one-third black. Privations the most lamentable are being suffered by these underpaid bands, to whose honour is due the surprising fact of the pauoity of felonies or grosser crimes, forming a main point in the laudation of Ireland's happiness now so much in fashion. What must nave been the lower depth of wretohedness eight or nine years ago, when even in Cork County, a man's wage was only 4s: a week, instead of 6s, or 7s. as at present. Painful Case.— A curious yet painful case happened during the Jaßt week in Taunton. the daughter of a tradesmen had been ill for some time, and death was hourly expected. At length, to all appearance, the fatal moment came, and the spirit was supposed to have winged its flight. The necessary offices for the dead were then performed; the body was laid out, and the shutters of the shop where closed. In an hour afterwards, to the tonsternation andjoyofjher friends, reanimation took place, and the supposed deceased was able to speak. The. shutters where again taken down ; but, after the lapse of a few hours, they were again put up/the sufferer having gradually sunk until death in reality terminated her existenoe. Last week a clergyman on a visit tt Maidstone gave a testament to a poor man who had come into the neighbourhood for the hop-picking, and alter the man had gone away, oh opening the book he found it to contain four £5 notes, left in it by mistake. He hastened to restore them to the owner, who wasso pleased with this act of honesty, thar he completely fitted out the man and his family with shoes and clothes to the amount of several pounds. ...'....'-"

for general family use. They have the happiest effect on the stomach and secretions, promoting digestion and gently stimulating the torpid bowels.

SUPREME C OUR T.

Wednesday, December 11, ISb'l [Before His Honor Mr. Justice Johnston.] SPECIAL JUBY, FALSE IMPRISONMENT, ATCHESON V. FI2RABD. This was an action brought by Inspector Atcheson of the Police, against Benjamin Arthur Ferard, Esq, the Resident Magistrate, to recover the sum of £1 00 damages, for alleged false imprisonment. The following are the names of the gentlemen forming the Special Jury, viz. :— Messrs. John Yule, William Hickson, James Wallace, Thomas Kebbell, Edward Battersby, John Hugh Belhune, Richard John Duncan, William Bishop, Archibald Paisley Stuart, George Hunter, Waller Turnbul), George Moore, Esq., Foreman. Mr. Kino appeared as Counsel for the plaintiff, aud Mr. Habt for the defendant. Mr. King in opening the case stated, that the action was brought against the defendantas Resident Magistrate, and that underjthe Statute of Victo.ia it is regulated, that notice of action must be given one month previous, which bad been done in this ca*e, and that the defendant pleaded not guilty by Statute, therefore the defence to be relied upon did not appear upon the pleadings. Mr. King said, that the facts out of whichj the action arose, and the evidence in suppoit thereof, he would shortly state to them, and on Mr. King proceeding to do so, Mr. Hart objected on the ground that no witnesses could be examined relative to the facts brought before the Court below. His Honor agreed therewith, and Mr. King said that the action was brought for false imprisonment, under a warrant of commitment, dated the 25th May, 1861, under the hand and seal of fie defendunt, upon a conviction which Mr. King- said he could prove had no existence. He then stated that the plaintiff had been convicted of an assault of one Mr. Newey, and was thereupon convicted and fined 40s. and costs. (Some discussion then took place between the learned Counsel, as to whether the action was rightly brought #nder the first section of the Statute, i;r whether notice ought not to have been given under the 2nd Statute of Victoria, (being the Act for the protection of Justices). Mr. Harthaving withdrawn his objection, the case was proceeded with. Mr. King then said that be would prove that an addition was made by the defendant in his own hand writing, to the minute of adjudication, to the effect that unless the fine was paid, defendaut should be imprisoned for the period of 14 days. That on the 24th May, a letter was sent by the pluinti/f to defendant, enclosing a copy of a letter which the plaintiff had received from Dr. Featherston, the Superintendent of the Province, informing plaintiff, that the fine and costs would be paid. That on the 25th May, a warrant of commitment was issued by the defendant, reciting- the conviction as of that date, and awarding to the plaintiff, in addition to the 14 days imprisonment, the term of hard labour, not being iv terms with the original adjudication. As to the malice of tbe defendant Mr. King stated that he should put in evidence to show the excited slate of the defendant, and his personal interference in tbe execution of the warrant. Mr. King then called the following witnesses : — Chaeles Millward, being sworn, stated, I am a sergeant in tbe police. I served a notice of action upon the defendant, similar to the one now produced. Mr. Hart here objected to the notice being put in. His Honor ruled, that although the notice might have fairly been objected to, yet Mr. Hart having at iirst_ withdrawn his objection, he could not now object to proceed. . Chables Millward, continued— l served that notice in September. I arrested Mr. Atcheson on the 25th May last, and that is the warrant of commitment under which I arrested liim. It was between 1 and 2 o'clock in the day when I arrested him ; Mr. Atcheson was in the yard leading to the police kitchen ; the plaintiff had been engaged that morning, about the police office, we had been out practising with the fire engine; Mr. Cheesman, Clerk to the Bench, gave me the warrant. Tbe defendant, Mr. Ferard, spoke to me that morning, concerning the arresting of Mr. Atcheson. He said ', Corporal Miflward, here is a warrant to apprehend the sergeant-major, there he is, airest him." I took the warrant and said, " very well, sir," and walked into the kitchen. Mr. Ferard seemed very much excited when he gave me tbe warrant I went to a bucket to wash my hands, Mr. Ferard' followed me,— he asked me "if I refused to excute it, or whether I refused to arrest the sergeant-major ?" I told him — " I did not refuse, but I thought it the duty of the magistrate to issue the warrant, and leave it to the police to execute. The usual practice iv our office in the issue of warrants of commitrrents, is,— they are first given to the Inspector, aud entered in a book, and then given by him to the police to execute. I know of no other instance where the magistrate has assisted the police in the execution of a warrant. Previous to the issue of the warrant of commitment, I delivered a letter to Mr. Ferard from the plaintiff; it was on the 24th May. Mr. Habt here objected to the letter being put in. The Court wished to know Mr. King's reason for putting in the letter, and what bearing it would have upon the case, Mr. King proposed to put in the letter, as lelatinglo malice. The letter was from Dr. Feathers ton, stating that the fine would be paid and was dated previous totheissueof the warrant. Dr. Featherston as Superintendent of the Province, had the appointment of the police. His Honor remarked that because Dr. Featherston had arrogated to himself an autboiily to interfere, that was no reason why the magistrate should Dot issue his warrant, if the fine was not paid. His. Honor subsequently intimated that he did not wish to be misinterpreted. The Superintendent had a perfect right to send a letter to his own constable ; but Mr. Atcheson had no right to send bis letter to the magistrate. Mr. Hart thought that he would not be serving the interests of his client, or that of the pubiic, by allowinp the letter to be put iv. The letters were tben put in and read, The first was a letter from Mr. Atcbesoii, dated 24th May, enclosing a Jotter from the Superintendent, elating that the fine should le paid. Cham.es Millwaud's examination continued, — Tbe letter was doliveicd the dav .previous to the arrest; the fine was not paid immediately, it was paid the san.e day as the arrest; Mr. Ferard followed me in and out of the kitchen several times, and to the water closet ; lie did not go inside ; when I arrested

the plaintiff he was in the vicinity of the Court. Cross-examined by Mr. Hart. — The fine was paid by cheque, and the cheque was given to Mr. Cheesman ; I took some messages, from Mr- Ferard to Alchesou, between the 15th and 25th May ; 1 asked him once or twice to pay the fine; the cheque was paid the same day as the arrest; I took a message from Atchcson to the effect that if Mr. Ferard had anything to say to Mr. Alcheson with regard to the case, ' he might deliver it himself, and not to send him impudent messages ; I think Mr. Atcheson alluded to the messages I took to him relating to the payment ofthe line; the plaintiff was iv my custody ahout an hour; he walked up with me to the Treasurer's office; I did not go in with him ; he might have been five minutes or longer; Mr. Atchcson waited with me on the steps for some time until we could see Mr. Woodward, the Provincial Treasurer; I and Atcheson waited from a quarter to half an hour on the steps ; from the time he went into the Treasurer's office, and the time he came out might have been five minutes or longer; I do not remember telling Mr. Ferard, when he gave me the warrant to execute "I do not know what to do with it, you tell me to execute it; and he tells me not to do it;" I will not swear that I did not use those words; Mr. Ferard has had no conversation with me; Idonotremember having told Mr. i Ferard. at the Resident Magistrates Court ; in the presence of Mr. Wardell, shortly after the 29th May, that I arrested Sergeant-M*>j nAlcheson £t the Government Buildings ; I remember serving Mr. Ferard with a notice on the 27th May ; Ido not recollect telling Mr. Ferard, in the presence of Mr. Wardell, that I had the plaintiff in custody for some time, and that I arrested him at the Government Buildings. Re-examined by Mr. King. — I cannot swear that Mr. Ferard was looking at me when I took Mr. Atcheson into custody, but he was not far off, for he was chasing me about >4he yard ; Mi. Ferard saw Atcheson just before the arrest; I cannot recollect all the words that passed between Mr. Ferard and myself; he seemed very anxious that I should execute the warrant; he said, pointing to Atcheson, there he is, arrest him ; I did not arrest the plaintiff when I was first told ; the plaintiff was on the beach at work with the fire engine; he was within the precincts of the station at the time that I arrested him ; it was after that, that I went with Atcheson to the Government Buildings. The writ was here put in. Robert Suckling Cheesman, being sworo, stated : — I am clerk to the Bench of Magistrates at Wellington. I produce the proceedings in the case Newey v. Atcheson taken at the police office on the 14th May last. (The depositions were then put in and read). The evidence is taken down iv my hand writing; I entered down the adjudication at the foot ; it stated fined 40.5. and costs ; the other portion of the order, or to be committed for 14 days imprisonment, is in Mr. Ferard's handwriting. I was in the Couit at the time of the adjudication ; we teim it the order of Court. The part of the order I heard, was 40s. and costs 16s. 6d. I did not hear the 14 days imprisonment. I produce the Daily Report. (Mr. Hurt objected to its being put in, but the Court overruled the objection). The Daily Report states in the case Newey v. Atcheson, defendant fined 40s. and costs. The Daily Report is in Mr. Ferard's handwriting, and is kept as a record. I produce the minute book of the Resident Magistrate's Court. It states, " 15th May, Newey v. Atche son, verdict for plaintiff, defendant h'ued 40s and costs." On the 25th May, Mr. Ferard asked me if the fine was paid. I told him that the fine and costs were not paid at that time. I was told to draw up a. warrant; I di.l so; Mr. Feraid s.iw it was not the proper form, and diew up one himself; I saw Mr. Ferard after the warrant was issued; the warrant was issued about one o'clock ; Mr. Ferard told me to give it to the Police, which I did; I gave it to Millward ; when I gave the warrant to Millward, the defendant was standing behind me; I saw the defendant aftei that, on the same day, once or twice with Millward, he came up to the door; I did not see Atchesou arrested, I w*s in the office at the time ; I saw defendant that afternoon, he appeared very much excited ; I heard the Resident Magistrate say to Millward " did he iatend to arrest Atclieson or not?" I stated to Mr. Ferard, at the time I was told to draw up the warrant, that I had heard that morning that the fine would be paid; it is part of my duty to collect the fines ; J have frequently been charged with fines, that have not beeD paid to me. Cross-examined by Mr. Ilart.—lt is usual for Mr. Fer&rd to usk if the fines have been paid; it is nothing unusual for him to do so ; Millward objecting to take a verbal message, I wrote a note, telling Atcheson that the fine must be paid forthwith ; and I think I added, that I was making out a warrant. I gave the note to Milward ; it w.-is about 1 o'clock. I have heard since, that Atcheson did not receive the note; I had no reason to believe that the note bad not been -received ; I made applications once or twice for the payment of the fine ; Atcheson told me that it would be paid; he never refused to pay it ; I heard Mr. Ferard tell Millward to take Atchesou into custody— Millward replied that he did not know who to obey. Mr. Fernrd said that he was to lake him into custody at once, or he would apply to the I Attorney Geneial to take some other proceedings; Millward told me that he would not t;ike any verbal messages ; I think Millward knew the purport of the note, as it was in consequence of his refusal to deliver verbal messages that the note was vyritten, and it was open ; I offered to pay the fine fur him that morning; but he told me not to pay it ; between the delivery of the warrant and the payment of the money, might have been about three quarters of an hour. He remembered saying to Mr. Hart that defendant could swear, and so could Mr. King, that the fine was 40s. and costs, and that there was nothing about ] 4 days imprisonment mentioned in Court. By a Juror— lt is usual for the police to execute all warrants; Millward made no oljeidH tion to take the note, he took it immediately. Ebenezek Bakek, being sworn, stated — I am Interpreter to the Resident Magistrate's Court ; I iccollrct it being said that Atcheson had been arrested ; I did not see the arrest myself; I saw Mr. Ferard about the Police Ofiice previous to the arrest, he appeared excited ; I heard Mr. Ferard s<ty to Millward, 14 do you intend to arrest the Sergeant-mnjor or not ? if you refuse, I must write to the Attor-ney-General to take other proceedings." Millward said what am I to do? Mr. Ferard tells me tQ -take the Sergeant-major into custody, and the Sergeant- m«j»r told him he was not to do it — what was be to do?" Cross-examined^- Remembers being at the oflioe when Millward informed Mr. Cheeseman that the Sefgc»nt-ini«jor had told him not to cany verbal messages to him. Mr. Ferard, the Inspector, and Millward were several times in the passage together. Tin's dosed the case for the plaintiff.

Mr. Hart applied for a non-suit the plaintif] having made out no case to go to the jury. flis Honor said that fie would not stop the case from going to the jury. Mr. Hart still pressed for a non-sui?, ami a lengthened argument took place, when His Honor intimated that even if the jury found a verdict on the question of malice, yet as he would decide thai there Was reasonable and pro bable cause for the imprisonment, there must ultimately be a verdict for tbe Defendant. Mr. King- then elected to be non-suited, on the understanding thai he could move to set the same aside, and have a new trial on certain grounds. His Honor then discharged the jury with the thanks of the Court. Some discussion took place as to the payment of the special jury on a non-suit, when His Honor thought the Jury ought to be paid by the party who called them. . —