The Ashburton Guardian. Magna Est Veritas Et Prevalebit. TUESDAY, DECEMBER 11, 1883. Mr Ivess’s Defence.

Ashburton Guardian, Volume V, Issue 1022, 11 December 1883, Page 2

The Ashburton Guardian. Magna Est Veritas Et Prevalebit. TUESDAY, DECEMBER 11, 1883. Mr Ivess’s Defence.

We thought that the correspondence published in our issue of Saturday last 1 would not be very palatable to the member for Wakanui, and anything more lame than the excuse he offers in his organ this morning we cannot im- ' agine. The charge originally brought ; against him was sufficiently and clearly ’ formulated. It was that he had circuI lated a false report as to what had • passed during the interview of himself ■ and the member for Ashburton with ’ the Minister for Public Works, for the purpose of injuring Mr Wright in the ' eyes of his constituents. The principle I that governs Mr Ivess’s actions is to throw an unlimited quantity of mud at 1 an opponent, and if only a hundredth part of the filth distributed broadcast I sticks, there is still the chance of a | man’s character being besmirched. As I a rule his accusations are fo petty, or are expressed in such general 1 terms, that they are allowed to pass unnoticed, but the most cuu--1 ning and unscrupulous of men I will sometimes overreach themselves, and this particular instance is a case in point The report of the Mail stated that Mr Mitchelson said that he had left the arrangements for the visit in the hands of Mr Wright, and when the latter gentleman appeals to the Minister as to the correctness or otherwise of that assertion the utterance of such words is distinctly repudiated. Can anything be more explicit than this : “I do not consider Mr Ivess was justified in constructing the paragraph as he has done ” ? If this is not convicting the member for Wakanui for having drawn upon his imagination for his facts—to put it euphemistically then we confess ourselves ignorant ot the meaning of ordinary English, And now for the defence put in by the Mail. Our contemporary, finding that his reporter, Mr Ivess, is thoroughly cornered, turns round and says that the objection raised to a deliberate misstatement of fact is a “quibble,” and that the Minister has been put in an awkward position by being asked a “ catch ” question. For unblushing effrontery this bangs Banagher. Then we are told that Mr Ivess “ retains a distinct recollection ” of the conversation he professed to report, which it will be remembered Mr Mitchelson expressly denied having taken place. Here we have what might be called a conflict of testimony, and we leave it to the Wakanui constituents to decide who is telling the truth and who is—well, who is not doing anything of the kind. We have on the one side Mr Ivess’s “ distinct recollection,” and on the other Mr Mitchelson’s and Mr Wright’s emphatic denial, and what person in his senses will hesitate in declaring which scale will kick the beam? If the Mail's report was right, then the Minister of Public Works has deliberately committed perjury for no ostensible motive whatever, a conclusion so manifestly absurd that it must be dismissed as untenable, On the other hand, however, when we look for a motive to determine Mr Ivess’s unworthy action in this affair we have not far to seek. His past doings furnish us with a key to his conduct, for he has never lost aa opportunity of blackening Mr Wright’s character by false assertion or illfounded inuendoes. Fortunately the name of the member for Ashburton for integrity and straightforwardness stands too high, in the estimation of every person whose good opinion is worth having, for anything an enemy of this kind can do to injure it. All we can say is that > if anybody reading the report of the Mail alongside with the Minister’s J message to Mr Wright, repudiating its J truth, and can come to a different con- ( elusion to what we have, the standard of , intelligence in this part of the colony is < much lower than we should like to 1 think it. I

Mr E. G. Wright was elected to-day as a member of the County Council for the Ashburton Riding, Mr Brown having withdrawn his candidature. The Secretary of the Maiino Department telegraphs that Government maintains stores on Campbell and Auckland Islands. The Kekeno is now down there. The Stella cannot be spared. Mr E. J. Lee, member for Salwyn, has been dangerously ill for the last week, and on Thursday he was not expected to recover. A change for the better has now taken place, and hopes are entertained of his recovery. Regarding tho wreck of the ca ter Southern Cross off Nelson, it appears that the wind failing she was carried on the rocks by the tide, and a gale subsequently springing up dashed her to pieces. Messrs Turner and Harvey, after saving all they could, went to Poloru', where they live. The Dunedin Society of Carpenters and Joiners have resolved to request the Executive Council of tho English Society in Manchester to use every means in their power to prevent any more members of the Society coming to the colony owing to the depressed state of the budding trade. The Hon Mr llolleston will probably leave Wellington for Kawhia on Friday week. He will be accompanied by the Surveyor-General, and at Kawhia he will meet Mr Percy Smith, Assistant-Surveyor of Auckland, when a survey of the land about to be sold at Kawhia will be completed. At Nelson on Sunday morning a threeroomed unoccupied cottage belonging to Mr Harley was destroyed by tire. It had recently been used as a storeroom, and was uninsured. Harley’s watchman states that the building was locked on Saturday night, but a policeman, who discovered the fire, says the door was unlocked. The place contained some sacks of wheat and some casks.

The Secretary of St Patrick’s Branch of the New Zealand H.C.B. Society was fined LI at the Christchurch Magistrate’s Court for failing to supply the Secretary of the Parent Society with the information required by the Registrar of Friendly Societies. The defence was that the branch did not wish to recognise the New Zealand H.C.B.'s, but the H.A.0.8. Society as head centre. Yesterday afternoon an application was lodged at the Waste Lands Office for a gold-mining lease for fifteen years of sixteen and a-half acres on the east side of the dividing range, at the head waters of the Wilberforce river. The Company is to be styled the Christchurch Quartz Mining Company. It is stated that the North Creek Mining Company are to have a trial crushing of half a ton of quartz brought from the Wilberforce. The business of the R. M, Court this morning did not occupy long, the only oases being for two bre-ches of the bylaws, for each of which a fine of 5s was inflicted, and a charge ot drunkenness while in charge of a horse preferred against Andrew Young. The latter pleaded guilty, and was sentenced to pay a fine of Ll and costs 7s. Mr Baddeley, R.M., was on the bench.

No effort has been spared to make the garden party to be held at the Parsonage to-morrow in aid of the St Stephen’s Sunday School building fund, a success. A large number of ladies will preside at the different stalls, lawn tennis courts have been provided, together with other amusements, while the youngsters will be entertained with an exhibition of fireworks in the evening. Given favorable weather, there will no doubt be a large attendance on the grounds. Daniel Finnergan, a third-class immigrant by the Triumph, who had been at Hobson’s Hotel with Dr Meuzies, of the Triumph, has been arrested on a chargeof stealing from the doctor’s bedroom hia gold wstch and chain, pendant and purse, the total value of L9l. Dr Menzies, after announcing his loss and having the hotel searched, got all the property from Finnergan, who said he took it for a lark. The detectives were not satisfied, and arrested Finnergan. The New Zealand Loan and Mercantile Agency Company, Limited, have received the following cablegram dated London, December Bth : —Wool ; The sales closed on Bch inst. at the level of last sales, except for long stapled merino greasy, washed end scoured, which have advanced £ I to Id per lb. Coarse crossbred, market firmer. The sales comprised about 142,000 bales ; 13,000 have been held over for future disposal, 65,000 bales h ive been taken for export. Seedy and burry wools are neglected. Frozen Meat :It is believed that the shipment per Fenatanton has arrived in good order. Mutton weighing per carcase 501 b to 601 b, is worth s|d per lb; ditto from 701 b to 751 b, 6£d per lb. At the inquest yesterday at Dunedin on the lad Street, the evidence showed that young Hawkes had received from his father a bag containing the wages of the men at the mine, ot which Hawkes, sen., is manager. The accident occurred in Mr Hawkes’ hut, in which the boys were. Young Hawkes said, “ Suppose any one were to come through the window after the money,” and ho pointed the gun at the window. One of the boys named Baron told him to take care or there

might be an accident, and Hawkes then lowered the gun. As he was doing so his finger slipped, and the gun went off, killing deceased. Hawkes was accustomed to a rifle, having been drilled at school, and he was accustomed to shooting with a gun. Hawkes and and Street were cousins, A verdict of “Accidental death” was returned. The jury added a rider to the effect that parents should be careful not to allow young boys out with firearms.

tight tenders were received for floating the Triumph and the delivery of the vessel in Auckland. The following particulars have transpired, though the tenders were not opened ; —Mr Hawkeswcod offers to undertake the work for LB.OOO, conditional on that he receives 76 per cent as the work proceeds. Mr D. Gouk agrees to undertake the work for L 9 000 unconditionally. Mr Caul gives his price at LIO,OOO, making it conditional that

the agents shall deposit LIOO with his LI,OOO, and that he will forfeit his deposit should he not succeed in the undertaking Mr C. Bailey's tender is L 15,000 unconditional, and Mr Fraser’s L 9,100, also said to be unconditional. At a meeting held last evening—present, Captains Brotherton, Worsp and Clayton, Messrs L. D. Nathan (ship’s agents), and Dr Campbell (Lloyd’s agent)—it was decided not t > open the tenders, as the vessel had altered considerably, and it would not be fair to the tenderers to hold them to their offers. It was resolved—“ That Oapts. Worsp and Clayton proceed to the Triumph to make a final survey, and to report to Lloyd’s and the ship’s agents.” It is more than probable this survey is being made with a view to selling the vessel. Captains Worsp and Clayton left for the Triumph last night. The pilot schooner, which was in the vicinity of the Triumph about ten o’clock yesterday morning, has brought fuller particulars respecting her change in position. It appears that during the gale on Sunday night the Triumph was lifted bqdily from the position which she held with her bow on the rocks, and hpr cables which were out having parted, she drifted broadside on to Tiritiri, and when the pilot schooner left her stern was on the rocks, with the propeller out of the water, while a largo rock was right under the engine-room-The sea was making a clean breach over her deck, and the prospect of floating her appeared worse than ever.

At the inquest held yesterday before Dr Trevor and a jury on the body of Alfred Dawson, who was drowned at Longbeach on Sunday, a verdict of “ Accidental death ” was returned. The deceased will be buried at Waterton tomorrow with Masonic rites, and a very large attendance of the brethren of the different Lodges in Ashburton is expected.

The Timaru Herald reports that Mr J. Beswick, the Resident Magistrate, met with a nasty accident while driving to Temuka yesterday He was driving in a two-wheeled vehicle, accompanied by a lady, and. jutt before reaching the (Jpihl bridge the horse stumbled and fell, and the sudden arrest of the vehicle caused both occupants to he thrown out, one on each side. The lady fell heavily on her shoulder and light in front of the wheel, but she succeeded in getting out of the way before the horsa got up and started forw rd again. Mr Beswick and his com panion were a good deal shaken, but they continued their journey. The horse also suffered from its clumsiness, both its knees being cut. At the Appeal Court at Wellington yesterday morning judgment was given in the case of Fuchs v Ihe Union Steamship Company, and was asfollows: “In this case the majority of the Court are of opinion that the decision appealed from should be affirmed. As therefore the matter will go again before a jury it is not desirable upon the present occasion to analyse or discuss the evidence that was adduced at the last trial. It is sufficient to say that looking at the evidence above, apart from any question of additional evidence, we should not have been disposed to interfere if the learned Judge below had thought it fit to order a new trial. The fact that additional evidence is suggested, although it maybe evidence confirmatory only of the evidence adduced at that trial, would of course tend to strengthen this conclusion. There are no doubt, well known principles by which the Court is guided in granting new trials, but the mode of application of the : e principles must depend upon the special circumstances of each case. We can only say that after careful consideration of the evidence at the trial and of the suggested further evidence, we think we ought not to disturb the judgment of the Court below. In so deciding we do not conceive that we interfere with any of the statutory rules which govern the discretion of the Court in granting new trials. Appeal dismissed with costs, medium scale, to be taxed by the Registrar of the Supreme Court, Christchurch.’’ The effect of the decision is to grant a new trial. Mr Justice Gillies dissented from this decision.

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