The Ashburton Guardian. Magna est Veritas et Prevalebit. SATURDAY, OCTOBER 13, 1883. A Rejoinder.

Ashburton Guardian, Volume IV, Issue 1073, 13 October 1883, Page 2

The Ashburton Guardian. Magna est Veritas et Prevalebit. SATURDAY, OCTOBER 13, 1883. A Rejoinder.

In our issue of Thursday last we found ourselves constrained to comment on what appeared to us an inconsistent decision given by our Resident Magistrate. It was with extreme reluctance that we referred to this matter, because nobody recognises more than ourselves the painstaking care with which Mr Baddeley carries out the duties appertaining to the -office he holds. At most we did not consider that more than an error of judgment had been committed, such as the wisest of mortals are liable to, and the affair might easily ha/e been allowed to pass by. Unfortunately, howeVe'r, the : Magistrate possesses one of those friends anathematised by Canning, who has incontinently rushed to the rescue, and has delivered himself of a very prolix letter in defence of the final decision in the case in question. All things considered, we think that Mr John A. Caygill would have shown more wisdom if lie had held his tongue, or rather restrained his cacoethes setibendi. Instead of thlis newly-fledged barrister being satisfied with having gained his case, and at the same time being complimented by the Bench, he must needs throw the -tegis of his genius over the Resident Magistrate to protect him from what he calls our misstatements. In truth it is a tremendous indictment he brings,against us.: We have deliberately misrepresented; the grounds upon which a re-hearing of the case was granted, we are loose id our manner of expressing ourselves, and we have not even taken the trouble to Consult our reporter as to what actually took place in Court, As to the first charge we deny altogether that we said The case was re-heard bn the ground that some doubt existed, as to the prisoner’s guilt; on the contrary, we distinctly stated that the facts were allowed by.Mr Caygill, 'who relied for his defence solely upon the testimony he offered as to Dunn’s state of mind when he committed the deed he was charged with,. This testimony went to show that when the accused was drunk he was in the habit of committiug acts of larrikinism, and if, as he says in his letter, Mr Caygill didnotlook upon the cutting off ofacat’s tail as coming within this category, why did he bring forward evidence on this poinlf? Regarding the accusation of our being loose in our expressions, the sentence containing this charge is so unique in its way that the temptation to reproduce it is too great to be withstood. Here it is“ ‘You can understand that excessive drinking might be a reason for committing an illegal act so can I, but it would be when the excessive drinking was over and the drinker was suffering a recovery. In most cases where excessive drinking is connected with crime, the drinking may be the occasion or cause of the crime being committed,: bat the crime is committed without any rhyme or reason.” We have treated this pror digious sentence as Sydney Smith did Lord Jeffrey’s handwriting, and read it from left to right and then from right to left, but the result has been the same—the meaning is altogether too deep for us to fathom. If the writer of the letter can explain the paradox that an action may have a cause and yet be governed by neither rhyme nor reason, he would add considerably to our knowledge. The position taken up by us was surely plain enough. It was that while drunkenness might be considered a reason for a man committing a crime, it could certainly not be put forward as an excuse or, if Mr Caygill likes the term better, a palliation. If our correspondent believes that the evidence he brought forward as to Dunn’s proclivities when he was drunk was really a justification to mitigate the punishment previously accorded tp him, he is quite welcome to his opinion; but we venture to say that nine men out of ten would regard the establishment of such a principle in the administration of the law as a very dangerous one. The charge of our being unacquainted with the facts of the case is easily dismissed, as the writer of the article which has roused the ire of this angry attorney was present in the Court throughout both hearings, and certainly sees no reason to change the opinion he previously expressed, We never said that Mr Baddeley was not warranted in granting a re-hearing of the case, but we think that when the only fresh evidence brought forward dealt with the character of the man Dunn, and did not in any way affect the main facts, the original decision of the Magistrate should have beeh adhered to. If Mr Caygill’s long letter satisfies any of opr readers' that we were in error, all that we can say is that it has not had a like result with uS, and it is questionable if'Mr Baddeley will not pray to be protected from such ill-advised friends in futufe.

Mr C. J. Harper, one of the candidates for the vacant seat in the County Council, notifies in this isaua that he will address the electors of the Upper Ashburton Hiding in ihe Town Hall on Tuesday evening next.

Early this morning a very strong sou’wester sprang up, and has been blowing with unabated violence ever since. We have not heard of any damage having been done by the wind, but it certainly was the strongest and coldest “puff” from the sou’-west quarter we have experienced for some time. Mr H. J. Weeks, of Tancred street, has shown us some very neat Christmas cards, which comprise some excellent views of New Zealand, mountain and lake scenery, etc. They are from photographs reduced to minature size by Messrs Burton Bros., of Dunedin, and reflect great credit on their artists. Messrs Brown, Ewing and Co., of Dunedin, have purchased the copyright from Burton Bros., and have appointed Mr Weeks the sole agent for the cards in this town.

The Heio Zealand Herald states that the Directors of the Pukekohe Cheese and Bac>n Factory have accepted the tenderof Messrs Ingram and Co., of Auckland, for the manufacture of the plant required for that factory. This plant is to be on the English Cheddar pattern, similar to the one in use at the Ashburton Factory, Canterbury. This will be entirely local made, and will be the first complete plant ever wholly made in New Zealand. Messrs Ingram and Co.' have all the facilities tor carrying out the work.

At the Dunedin Police Court yesterday, William Leckio, a yonng man, was charged with rape on Isabella Richardson, a girl of fifteen. The prosecutrix was servant in accused’s father’s house, and she alleged prisoner accomplished his purpose by violence. Mrs Leckie, however, the accused’s mother, deposed that she found the two in a bedroom, and prosecutrix was laughing. The witness struck heir and ordered her away. The Bench reserved judgment till to-day.

Rather an uncommon kind of case was heard before Mr Watt, B. M., in Dunedin yesterday. Thomas Allen,, gardener and florist, sued Professor of the University, for L 34 15s, value of plants destroyed through his greenhouse having been broken by the defendant’s act. The circumstances were that plaintiff’s garden is next to the Dunedin Rowling Club’s ground, where defendant and others play fives. The players often knock the ball over the wall, and as defendant said in evidence it was a common joke for players to say, “ There goes another of Allen’s panes of glass.” Allen iu his evidence said 500 or 600 balls had come over, of which he retained about sixty, On July 20th two panes were smashed by a ball, and Prof. Macgregor and another gentleman came after it. Nearly everything in the greenhouse had been ruined through the panes being broken. His Worship held that unless the defendant could be shown to have Btriick the ball which did the damage, a nonsuit must follow. Nonsuited accordingly without costs. The assault case, Wickham v Harrison, was called on at the Auckland Police Court yesterday and adjourned till to-day. The paragraph which occasioned the assault spoke of Mrs D>* Potts as ‘ this, what on darth shall I call it, Hybrid, perhaps, for it is certainly no man by its appearance, nor woman by its modesty, and not even a thoroughbred cross by its sentiments,” and made other personally offensive comments. Accounts regarding the assault agree in the chief particulars. A personal agent furnishes the following account to the Herald reporter:—Dr Harrison, Millet, and himself went to the Free Lance office. Mr Millet, who is employed at Hasslett’s chemist shop, went with them to show them the place. Neither Aspinall nor : Millett had the slightest notion when' they wont to the office that any row would take placpi Dr Harrison went into the office and asked Mr Wickham if the .editor was in. Mr Wickham replied that he was the editor. Dr Harrison said he came to apeak to him fora minute. Wickham said, “Yea,” and took us intb his office. Dr Harrison then asked : if he owned a paper called Figaro. He replied that he did. , Something was then said about his rates of advertising. Dr Harrison asked for the name of the writer of an~ article in Figaro referring to Mrs Dr Potts, which Mr Wickham refused to give, Pr Harrison then told him to defend himself. At first

he refused, but, on the doctor removing his overcoat and hat, Wickham started up and made for the door. Dr Harrison then struck Wickham. The cut on Wickham’s head was caused by his falling against the table in the scuffle. Neither Millet nor myself took any part in the affair, which was quite unexpected, and we do not know why we should have been arrested by Mr Thomson.

Members of the Blue Ribbon Army (remarks the Timaru Herald ) are respect*, fully requested to skip this Note, because for them it is. not likely to prove unto edification. Many of our friends have been enquiring of us lately what is a good thing to drink during the hot weather of which we had a foretaste last week. The Pareora water, they say, is full of lime and manure and other medicines, and is too stimulating for the ordinary system. Beer is heady and bad for the liver. Tea is indigestible and - simply ruins the nerves. Milk is bilious. Limejuice upsets the stomach. Hard stuff is apt to knock a man all to pieces. Is there no harm ess and palatable compound, which while quenching the thirst, would yet invigorate the system and enable one to rise like a giant refreshed ? For ourselves, we always find it best to do as far as possible without drink. A very small quantity of fluid is all that is necessary, and we are bound to say that to our mind cold filtered water is the least hurtful, the cheapest and by no means the least pleasant of beverages. We are not bigoted, however, and for the benefit of those who like something tasty and springy, we willingly give the following recipe which we have just met with in the works of one of the greatest living authorities on such matters ;—“ In a silver or china bowl wide and deep squeeze the juice of two oranges and lemons. Having removed the pips, pour a sufficient quantity of iced water to melt the sugar, and stir it with a silver spoon. Add a bottle of Bordeaux or Burgundy, and while still stirring, add drop by drop half a’pint of rum, then a pound of finely ground rice, on which after ten minutes’ repose pour a bottle of lager-beer. ” The ice, of course, can be done without, and bitter beer will do instead of lager. The headache that this mixture will give you, if you take a fairish dose of it, is guaran • teed to last for a week.

Purify the blood, cleanse the stomach, and sweeten the breath with Hop Bitters. Read —[Advt.]'" Thick Heads, heavy stomachs, bilious Conditions—Wells’ May Apple Pills —anti-bilious-cathartic. Sd and is, Moses, Moss and Co., Sydrv» General Agents. i Remember Hop .Bitters never does harm to the smallest child but good, always and continually. See and read—[ADVT.j

Mr S. W. Alcorn’s advertisement in reference to his season’s shipment of new spring goods per Doric, s.s., appears in this issue, and will no doubt be found in'cresting toTadies in search of the latest novelties in dress materials, etc.

• Residents of Ashbiirton will find it to their advantage td 'remember that pianos, organs, etc.; axe sold on easy terms or let on hire, and if not thoroughly satisfactory exchanged. H. J. Weeks, Tancred street. Second hand piano in good order, Lso, a rare chance,— [Adtt.]