THE LAKES.

Dunstan Times, Issue 682, 14 May 1875, Page 2

THE LAKES.

(from a coreesposdext. ) May 3rd, There has not been the smallest partic’e of excitement here during the past week except the proceedings in the Police Court, Queenstown, which have been the chief topic of conversation everywhere. In the first place, Mr H. Manders, M.P.C., came to grief by coming in contact with Mr Dennis Powell, our local auctioneer, on the evening of the 28th ult. Mr Powell gave Mr Manders a good sound horsewhippingand was the following morning charged on summons, before Mr Beetham, with kicking, striking, and horsewhipping our M. P.C. Mr Finn appeared for Mr Powell and pleaded guilty to the horsewhipping, hut with provocation ; and “not guilty ” to the kicking, &c. Mr Manders stated that he was kicked by Mr Powell, as well as horsewhipped. He succeeded in escaping from Powell’s clutches on one occasion, hut was caught again, and Powell struck him very severely. He struck him on one occasion with the hut-end of the whip, and smashed his false teeth, but he left no mark on his face. He whipped him for a distance of nearly 150 yards, and was now afraid of his life. In cross-examination Mr Manders admitted having written a letter signed “ William Jackson Barry,” which he also got published in the Mail, insinuating Mrs Powell guilty of false swearing, and other naughty things. He got a guinea from Barry for doing so, and did not at all think it disgraceful for an M.P.C. to write such a letter. Ho got the materials from Barry, and he put it into the form of a letter. Ho also got a guinea from a man named Brettel for writing the letter signed by “ Charlotte Sloan,” which was very offensive to both Mr and Mrs Powell. Mr Finn : “The fact is, Mr Manders, as long as you get a guinea yon did not care what dirty work you did ?” Mr Manders : “Well, I must make a living some way, hut I do not consider the letters dirty work.” Several witnesses were called to corroborate Mr Manders’ evidence, but not one of them saw the kicking or striking, they saw the horsewhipping part of the "fun” only. Mr Finn put in the letters written by Mr Manders, and submitted provocation was proved, and that a small fine would meet the case. Mr Beetham in giving his decision commenced lecturing Mr Powell in very forceablo language—which in any other place would certainly have caused a breach of the peace and sentenced Mr Powell to 14 days’ imprisonment. Mr Finn at once applied for a re-hearing on several grounds, which Mr Beetham, after some demur granted. Mr Powell then entered into sureties to appear at the re-hearing. On the re-hearing the Court House was like a hear garden ; the R.M. and Mr Finn being the principals. The former gentleman was served with a subpoena, to attend as a witness for the de-

feudaht, but when the Court was opened lie took his scat'on the Bench, and stated that he would not obey the subpoena, as it was only a dodge to got him off the Bench in order to saye defendant from being imprisoned. This roused up Mr Finn’s ire, and ho denied such being the case as Mr Bcetham well knew. The debate ensuing was both hot and interesting, and lasted a very considerable time. At one time Mr Finn accused Mr Beethara with having prevented other magistrates from sitting on the Bench by going round and telling them the case would not come on this day. Mr Beetham denied the statement, and asked Mr Finn for his authority, who replied that the Mayor of Queenstown had told him so ; and further, that Mr Beetham had written to Dr Douglas, telling him not to come in. I have it myself on very good authority, that Mr Finn’s statement is correct, but I believe Mr Beetham understood the evening before, from Mr Finn, that he (Mr Finn) was going to ask for a further adjournment of the hearing, and so the misunderstanding. At last Messrs Eobertson and Malaghan were invited by Mr Beetham to sit with him on the Bench. Everything went on all right until Mr Menders’ crosse amination when Mr Finn said the witness did not know what he was saying. Mr Manders said he had had no breakfast, but had only taken a glass of port wine. Ho had no ill-feeling whatever against Mr Powell. When all the witnesses were examined Mr Finn rose for the defence. He was greatly affected when he depicted the disgrace that would be brought on Mr Powell and his innocent family if the former sentence was upheld, and caused many to weep, counsel himself following suit. The Bench, after a few moments’ consultation, agreed upon their decision ; but before Mr Beetham commenced to deliver it, Mr Malaghan requested Mr Finn to apologise to Mr Beetham. I was glad to see Mr Finn apologising in the way he did, which Mr Beetham accepted. The result was that Mr Powell was fined LlO, including costs—a lucky letoff. The Bench then gave our M.P.C. a severe lecturing for not’appearing in a proper to give evidence. The decision was received with .applause hi the Court, which was densely drowded. So ended number one proceedings. On Friday your old friend William Jackson Barry came to grief in a case of perjury, which that gentleman laid against Mrs Powell. The Bench, consisting of Messrs Boyes, Warren, and Eobertson, J.P.'s gave, Mr Barry a very patient-hearing, and several times called Mr Finn (who was for the defence) to order, for remarks on Barry’s con toot. Indeed, that gentleman should control himself more than he does, and certainly deserves the censure sometimes given by the Bench, but somehow or another he forgets all about it, and Is as bad, if not worse, a moment afterwards. On one occasion when Barry was giving his evidence as to a counterpane he swore the counterpane was seven or eight years of age. Mr Finn : When was it bom ? Mr Finn was at once called to order for interrupting Barry. Barry "having stated, not a minute afterwards, that he was four days iu the lookup. Mr Finn : It should he four years. No doubt Mr Finn’s object was to laugh the thing out of Court and ridicule Barry, who called for eight witnesses, and not one of tbem>could give the smallest particle of evidence against Mrs Powell. Mr Beetham stated that he refused to take the information in She first instance as Barry told him, he (Barry) wanted to clear his character, and not to punish Mrs Powell When Barry closed his case Mr Finn arose to address the Bench, hut Mr Boyes said there was not the slightest occasion for him to do so. They were all of opinion that the charge was perfectly unfounded, and that Mrs Powell left the Court without a stain upon her character. Dr Douglas has returned to Queenstowxi, and looks himself again. He appears to have enjoyed his well-deserved leave of absence. I really thought his hand would he shaken off him by his numerous friends, as ho was walking down Ballarat street after his arrival. Another of the most popular gentlemen of the "'district—Mr Charles Boyes—has returned with Mrs Boyes and family, after a tour through Europe, and everyone is glad to see him back again. A new Gold Mining Company is to be started here next -week, the place of operations being the old Bacecourse Terrace, Arthur’s Point. 1 believe this will be a good spec, for there is no doubt but a rich lead of gold runs through it. Such is the opinion of Mr Ulrich also. Business is just now beginning to get a little brisker than it has been for some time, a-id it is almost time things should take a turn for the better, Some claims on the famous Shotover have found good returns during the past month, and there appears to he plenty of money yet among the miners—a good sign of things looking up shortly. Mr Manders, M.P.0., left here last Tuesday to take his seat (I hope the Government will provide a soft cushion for him) for the first time, and we are waiting anxiously to see how he will get on. His Honor Judge Harvey has been with us, and he has given great satisfaction, not only to the Bar, but to the suitors who came before him. The Bar for the first time turned out in robes, which added greatly to the dignity of the Court. [The above was received too late for our last issue.—Ed. D. T.]