The Ashburton Guardian. Magna Est Veritas et Prevalebit. THURSDAY, OCTOBER 11, 1883. A Strange Decision.

Ashburton Guardian, Volume IV, Issue 1071, 11 October 1883, Page 2

The Ashburton Guardian. Magna Est Veritas et Prevalebit. THURSDAY, OCTOBER 11, 1883. A Strange Decision.

Since Mr Baddeley has occupied the position of Resident Magistrate in Ashburton he has earned golden | opinions from all sorts of people, on account of -his uniform urbanity of manner, his strict impartiality, and the careful and intelligent way in which he 1 has considered the cases brought before 1 him. For this reason we are sorry to | be constrained to differ from him in a decision he gave in the Court yesterl day—a decision which appears to us to . be strangely inconsistent. We,refer to • the charge brought against a man named Thomas Dunn for having cruelly and wantonly maimed a harmless cat by deliberately cutting off its tail. On Tuesday the case was gone into, and the Magistrate decided that the evidence disclosed cruelty of such a gross nature as to' demand more serious punishment than a fine, and he accordingly passed the somewhat heavy sentence of three months’ imprisonment with hard labor. It must be admitted that the demeanor of the accused was rather, strange, inasmuch as he pleaded not guilty, and yet put not a single question to the witnesses by way of cross-examination. Indeed, Mr Baddeley commented upon this apparent callousness, but unless we accept the palpably absurd hypothesis that the barman, who witnessed the committal of the offence, and the arresting constable were perjuring themselves, for the purpose of injuring Dunn there could be no doubt as the latter’s guilt. Subsequently, however, Mr Caygill made an application to the Magistrate for a re-hearing of the case, which was granted, and the matter came up again yesterday. Whether Mr Baddeley could legally exercise this power we do not know; we presume that he is too well acquainted with own business to transgress the law in this particular—-but it certainly appears strange to a layman that an inferior . Court should be allowed to reverse its own decisions. But that is a phase of the question we have no intention to discuss. What we want to point out is that the evidence as to facts was precisely the same as that disclosed on the previous day, and yet the Magistrate determined that the ends of justice would be met by simply inflicting a fine. Mr Caygill, as counsel for the prisoner, admitted the offence, aad confined himself to calling witnesses who testified to the character of the accused. The defence set up was that Dunn, when sober, was a quiet and inoffensive man, but directly he took too much liquor he indulged in what one who had known him fora long time called acts of lamkinism, and it was argued that cutting off cats’ tails was simply one of these acts. Another point relied upon by the defendant’s counsel was that there was madness in Dunn’s family, both his!

mother and his Drotner oemg in tne Lunatic Asylum. That excessive drinking might be a reason for a man committing an illegal act we can quite understand, but we never heard of its being put forward as an excuse. Mr Baddeley, however, is of a different opinion, and he was so impressed with what Mr Caygill said that he reversed his previous decision and instead of sending Dunn to gaol he fined him ten pounds, which of course was paid. Now, the point we wish to emphasise is, that what the Magistrate considered on Tuesday to be a gross act of cruelty, calling for severe punishment, is twentyfour hours after adjudged to be a mere

drunken freak. The facts set forth at both hearings were identical, and the barman and Constable Hicks stated that when arrested Dunn was sober, although some of his friends bore witness to his being drunk on the day in question. Admitting, however, that the accused was so intoxicated as not to know what he was doing, we are faced with the curious psychological problem of determining at what particular stage of inebriety must a man arrive before he is justified in depriving the harmless, necessary cat of its caudal appendage. Mr Baddelev may have been too severe in his first sentence—-for our own part we do not think he was; but haring given his decision he committed a grave mistake in reversing it upon precisely the same evidence. If this man Dunn is so insane that when he takes a little liquor he proceeds to torture dumb animals, then he should be sent to an asylum; but if this is not the case it is for the good of society he should realise the consequences of such dastardly acts. That our Resident Magistrate committed ,an error of judgment there can be no question, and we can only hope that the narrow escape experienced by Dunn will serve as a warning to him in future.

Mr J. E. Redmond lectures at Wellington on Saturday night, and proceeds South on Tuesday. The Hon Mr Dick leaves Dunedin on Friday for Wellington, spending one day in Christchurch. At the Police Court this morning a man named J. McClure was fined 10 j, with the alternative of forty-eight hours’ imprisonment, for drunkenness. The Otago Land Board has decided to hold an enquiry on the 31st inst., with reference to the suspected cases of dumtnj - ism at the Silver Peak and Waikouaiti.

Mr Fish, M.H.R., will address his constituents on Monday next, principally on Harbor Board matters, holding a meeting a month later on general politics. The New Zealand Loan and Mercantile Agency Company, Limited, have received the following telegram:—Wheat market dull. New Zealand is worth 42s 6d per 4961bs ; f a.q. off coast, 40j 6d. Tallow market firm —Mutton, 43a; beef, 41s. Edwards and Scott begin their fortyeight hours’ walking match to-night at ten. Scott has never walked more than twenty-four hours before, and Edwards is thought likely to win. The contest will take place at Dunedin. There has been a considerable falling of

in arrests in Dnnedin, especially for drunkenness, this quarter, possibly due somewhat to depressed times. During the June quarter 783 arrests were made for all offences, and during the September quarter only 585. A writer in a German paper states that it is the custom in offices in that country to have a sliced potato on the desk for use as a penwiper, and to clean steel pens !t removes all ink crusts and gives a peculiar smooth flow to the ink. New pens should be passed two or three times through the gas, or any other flame, to remove the grease with which they are coated before packing. The ink then will flow freely. While canvassing for subscriptions for the Gisborne Hospital the other day, the hon secretary, Mr H. McKay, met Mr Percival Barker, and asked that gentleman for a donation. Mr Allan McDonald, M. H. R., who had returned from his Parliamentary duties, was passing at the time, and Mr Barker observed, “ There goes the working man’s friend ; ask him, and I will give double what he will rubscribe.” Mr McDonald gave LIOO, and Mr Barker has paid his L2OO. At the meeting of the Horticultural Society last evening there was a: fair attendance of members. Messrs Elston, Knight, and B. Smith were chosen members in place of others who had nor attended the meetings. It was resolved that in future notices should be sent seven days prior to the date of meeting, and it was also decided to invite tenders for printing the catalogues. For the prize of one guinea offered for the best collection of out blooms, there were three entries, Mr Smith being adjudged the winner A very interesting paper was road by Mr G. T. Smith on “ Planting a fruit garden,” and the meeting then separated.

The cricket match played yesterday on the Athletic Sports Company’s ground resulted in an easy victory for the side captained by Mr A. Fofflcs, who scored 135 against their opponents’ 90. For the victors Jephson was the highest scorer with 47, E. Fooks and Prebble coming next with 34 and 23 respectively. None of the others managed to reich double figures. On Mr Thomas's side L. F. Andrewes and Curtis alone made a stand, the former scoring 18 and the latter 12 runs.' The next match will bo played on Wednesday next against the Rakaia Club on the latter’s ground.

A rather peculiar transaction on the part of some settlers in the Blackstone district was brought to light at yesterday’s Bitting of the Otago Land Board. It appeared that'the individuals referred to applied to the Board some time ago for licenses for several sections under the agricultural leasing system, and were refused, in order very probably that the land should not be' disposed of in another way to anyone else.. They afterwards communicated with the Government, stating that the laud was required for mining purposes, and should bo reserved, and the Government acted on the suggestion without consulting the Board. It was decided to communicate with the Government on the matter.

During the recent football match at Nelson one of the Wanganui players named Coakley had his leg broken, and had to be left behind at the hospital. The Wanganui Chronicle speaks in the warmest terms of the kindness which the patient is receiving from the Nelson people. The gate money at the match, about L2O, was to have been divided between <he contending clubs, but the whole of it will be applied for the wounded man’s benefit, the Nelson men generously and spontaneously proffering their share. Immediately on Coakley being taken to the hospital, Mr Fell, the Mayor of Nelson, visited him there and offered all assistance which might be required ; and at St Mary’s Church, on Sunday m Tning, the Rev Father Mahoney requested the congregation, when visiting the hospital, not to forget the young man who had been injured.

At the usual monthly meeting of the Ashburton School Committee held last evening there were present:—Messrs J. Orr (in the chair), T. Sealy, W. Sparrow and E. Reddin. The minutes of the previous meeting having been read and confirmed, the Secretary stated that the money voted by the Committee for the posts at the main entrance to the school was insufficient and the Chairman was authorised to see the work carried out. The headmaster’s report was read, which stated that the number of pupils now on the roll was 507, and that the school had been visited during the past month by the drill instructor. The Board of Education wrote, in response to a communication from the Chairman of the Committee, requesting the appointment of another pupil teacher to the school, asking that

the returns ot attendance ror cne past six weeks should be forwarded. Messrs Orr and Sealy were appointed to inspect the boys’ playground re certain contemplated alterations, and the accounts haying been passed for payment the meeting 'adjourned. A melancholy case of suicide occurred about 2 o’clock yesterday afternoon at a lodging-house kept by Mrs Mutch, Montreal street North, Christchurch. Mr Joseph Strong, a wrestler, who has recently been defeated in a match in Dunedin, came to Mrs Mutch’s house to board on Monday last. >ince then he has been in rather a despondent state of mind, and mostly confined to his room. In the forenoon yesterday his landlady had taken some beef tea to him, and then noticed nothing extraordinary about his manner, about 2 p.m., however, a little girl in the house noticed blood trickling down the outside wall of the house below Mr strong’s bedroom, and blood was also I noticed on the corresponding wall inside. Mrs Mutch became alarmed, and at her request Mr M‘Rae, one of the boarders, wont to Mr Strong’s room, and finding the door looked burst it open, ond saw deceased lying on his face on the floor, as if ho had rolled- off the bed. Ha was lying in a large pool of blood, and on the right side of the neck was a large wound, from which the deceased had evidently bled to death. On the bed lay a longbladed pocket-knife, stained with blood, which had evidently been the instrument used. Deceased was a married man, having a wife in Sydney, whither ha had expressed bis intention of going a few days previously. An inquest will be held to-auwrow.

Mr Justice Richmond de'.ivoied an oral judgment Jin banco yesterday it re The Queen v. Taylor, arising out cf the memorable illicit distillation of whiskey in Porirua district. It will 1 e remembered that the defendant, with others, was convicted of the offence, and ordered to pay a fine. Some technical difficulty then arose in connection with the nutter of sureties, and on the coming before the jury, a verdict was given for the defendant. At the Nisi Prius sittings, Mr Bell, on behal'of the Crown, moved to set the verdict aside, and his Honor yesterday give judgment for the Crown. The Dunedin Star's London correspondent writes:—lt is quite on the cards that you may have the talented composer of “Estrella" amongst you again ere long. He has played a fine game in London. It seems when the /Tolies Dramatiques closed Searell told the company the theatre would open again in September, and persuaded them to wait for their salaries till

then, urging that he wanted all the money he could raise to mount the revival of the opeara liberally. With some misgivings the unfortunate actors and actresses waited, till at last one of them, getting fidgetty, went to look up Lnscorabe. Alas! he looked in vain. The composer had cleared out, taking with him everything he could lay his hands upon. Here is a “par” on the subject, written by “Carados," in the Referee : —“ Last week I stated that ‘ Estrella ’ was to be done in New York and Boston as it was done at

the Folies Dramatiques, where, if all I hear be true, the artistes were done too. Mr Rising tells me that none of them were paid for the last three weeks, and that chorus and supers suffered in similar fashion. The entire wardrobe for the piece, he says, was removed at dead of night, and he adds that Searell, the composer, having sold the Australian rights to Arthur Darner, left with all the dresses and the only score of the opera in existence. All I can hope is that Rising has been exaggerating a little. If not, Searell won’t be wanted over here again in a hurry, unless he comes to pay up.” Before Baron Huddlestons, at Lincoln

assizes, Miss Limby, a governess and housekeeper, sued a farmer named Fortescue for breach of promise of marriage, damages being laid at L 2,000. Plaintiff, who is thirty-three, began to act as house keeper to defendant six years ago upon the death of his former wife, who was her cousin. Defendant afterwards sold off and took a manorhduse in another part of the country, where, being less engaged than on the farm, he gave plaintiff more attention and took her out visiting with him. She nursed him through two serious illnesses, after which he promised to marry her, and repeated the promise frequently afterwards, having gone so far as to name the church, and to apply for a license. Ho drew back at the last moment, however, offering as his excuse that he would lose LBOO if he married without his mother’s consent. Plaintiff had been seduced by defendant, and she told him that her character was worth more than LBOO. She afterwards went to her home, and an affectionate correspondence ensued. Defendant wrote that she must bear all for him, and that she must not be downcast, but think of “ the bright, bright future.” After a child was born, however, defendant continued putting off marriage, and plaintiff finding ttnat he was advertising for another housekeeper, wrote to him asking him to fulfil his promise. There was practically no defence, and the jury awarded plaintiff 1.800 damages, evidence having been given as to the means of the defendant.

The Globe Democrat of a recent date publishes an interview between one of its reporters and one of Hanlan’s chief

backers in the match which was to have taken place at Chacauqua on the day following the sawing in two of Courtney’s boat. In their interview Hanlan's backer is credited with saying that in 1878 Sanian and Courtney came to a conclusion by which they should row three races ; that Hanlan was to win the first, Courtney the second, and they to settle after the first; two were rowed a? to which would get the third. The first race took place at Lachine, Oct. 3, 1878, and was fur a citizens’ prize of 6,000 dollars. As par previous agreement Hanlan won this race, but Courtney, according to the statement of Hanlan’s backers, received 2,500 dollars of the capital prize. '1 he second race was to. have been rowed Oct. 16, 1878, and was

for the Hop Bittera prize of 6,000 dollars. Courtney, it is alleged, told all his friends that he was sure of winning. They told all theirs, and a large amount of money was raised and placed upon him. When Hanlan arrived at the lake he is said to have been much alarmed at finding so much money upon the race, and that if he lost he would swamp his friends, and exposure would follow. He then backed out of his previous contract, and told Courtney that he could not give him the race. Courtney, it is alleged, knew that he could not win, and seeing that if he rowed that he would ruin every friend that he had left in the world, took the only course he had left out of the difficulty, and sawed his boat in two. The interview is crammed full of facts, and the statements are such that it will be hard to refute them. Perhaps they would not be published now but for the recent angry meeting between Courtney and Hanlan.

Referring to the memorandum supplied at his own request to Lord Derby by the representatives of the different Australasian colonies with regard to the action of Queensland in New Guinea, the Statist declares that the condition of the Western Pacific is one of chaus. There is always the risk of other nations, and especially of the French, stepping in to take the place our Government is too timid to fill. The Statist declares that

“ the contemptible truckling to France

which has marked the recent policy of the Cabinet will, if persisted in, .lead to the very evils which our rulers are so nervously anxious to avoid. The French are the best people in the world to be conciliated by knuckling down. They will take everything they can bounce «s out of, and will demand more. The colonies, moreover, are not entirely dependent upon the Colonial Office. If need be, they can fight their own battles ; and they will. They already have a large mercantile marine ; they can readily add navy ; they have few vulnerable points; and they can get as many. men and as much money as they need. They will not put up with French convict stations in their neighborhood, and our refusal to assist may lead to their separation from tne Empire before it brings about that establishment of French colonies which seems to be the chief aim of Lord Derby’s policy. Jtrench colonies are artificial productions at the best, and their establishment in the Western Pacific will merely prepare the way for a struggle which can only have one ending, which the most moderate courage on our part would suffice to avert. Ho man can look for a moment at the enormous increase of our population, in numbers and tosources, and at the absolutely stationary character of the French population, without perceiving that every year adds to the hopelessness of French rivalry with Australia. To pe;mit that rivalry to be attempted is only to lay up trouble alike for France and Australia. ”

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The “ Vagabond 'f under date Tanna, September s:—“I find that the feeling against the' French amongst the natives of this island is very strong indeed. Most of them have been engaged in Fiji, Queensland, or New Caledonia, and they are more intelligent than the majority of the inhabitants of the New Hebrides. At the same time they are more bloodthirsty and cruel, and it is their nature to fight and kill. Few white men are able to stop here. There are now two missionaries and one trader only, Godfrey Khyn, a Norwegian, who wishes to purchase land around the volcano containing sulphur deposits All the tribes interested will sell, but only on the express stipulation that the land is never to pass into the hands of the French. The chiefs tell me that if annexation is attempted by France they will join together and resist. All of them are well armed with Snider rifles. They are at constant war with each other. A man was shot on the beach a week ago, thirty yards from where lam stopping. The missionary efforts here bear but little fruit. lam making arrangements for a truce and a general meeting of the chiefs, when, if any satisfactory expression of opinion is arrived at, I shall prepare a petition to the Queen in favor of annexation to Great Britain for their signature.”

Don’t Die in the House. —“ Rough on Rats ” clears out rats, mice, beetles, roaches, bed-bugs, flies, ants, insects, moles, jackrabbits, gophers, Moses, Moss and Co,, Sydney, General Agents. i