CROMWELL.

Dunstan Times, Issue 705, 22 October 1875, Page 3

CROMWELL.

(FROM CUR OWN CORRESPONDENT.) On Monday last several of the residents mf Cromwell were, by a litigious resi lent of the Arrow, dragged all the way to that town for the purpose of defending one or two trifling ■ debt cases. In the one case this undesirable acquaintance sought to recover the sum of five pounds, the alleged value of a gun, which was not soil, and was only left-on trial. As might have been reasonably expected, this case was dismissed, and costs were allowed the defendant. The other case was of a different character, being a claim for bacon. The plaintiff resides at Arrowtown, hut was in the habit, of going to and from Cromwell, and in the ooqrsa-of one of his trips he would insist upon sending the bacbh down, and an arrival the defendant paid the carriage. It Was urged as a defence that the Court had no jurisdiction, as the Kawarau district commenced at the bridge at the Roaring Meg, and that the contract was ■entered upon at Cromwell, and there the wane should be laid. In giving judgment His Worship said—there can be no doubt but that considerable importance should be attached to the objection that has been raised for the defendant, but it should be remembered that a Resident Magistrate has jurisdiction all over the Colony, and can hold his Court wherever he please). It is desirable . however that where periodical sittings of the Court are held, and a Resident Magistrate located, that suitors should not be allowed to exercise their choice as to which magistrate should try the case. As long as he prosilod upon the Bench he trustel he would always be found not rtnly to preserve the dignity of his Court, but also to respect his brother magistrates, mid consider what was duo to them. If it had not been that the defendant paid 'the carriage of the goods, he should unhesitatingly have nonsuited the plaintiff, who would then havi had fo bring his claim before the Resident Magistrate at Cromwell. It was *h«urd to think that persons should be al<

lowed, to bring.persons a distaneo of thirtythree miles to answer small demands,' Tho only circumstance that operated upon his mind in the present case was the fact of the carriage- having been paid at Cromwell. Judgment would be for tho plaintiff for I/»3s2d. ' ‘ The .Court-house was crowded, and great interest taken in, a case the .Town Counoil, Arrowtown v. John Morton, as Inspector of Nuisances. It seems that the gallant constable has been exceedingly officious of late, and summonsed several of the residents for allowing goats to wander, cows to roam, and horses to prance about, and one of tho good men ana true espied a horse which was always used by the said sergeant, gallop up the road and taking possession-of the town. The Town Clerk treated us to a specimen of his forensic eloquence, which was not after the style of a Curran or an O’Connell. The senior constable stuck to his point, viz , that as Inspector of Nuisances ho was not the owner of the animal in question. The Clerk looked aghast, the Bench smiled, the sergeant stamped his foot as much as to indicate “ I’ve licked the Couno.l,” and the learned trio of Councillors were for the moment paralized. In very measured terms the Court declared that the objection was fatal, and theiuformationraustbe dismissed. The Town Clerk wanted to be told how he was to proceed. : That naughty constable must be punished, hut how ? The Court intimated “ the Corporation Solicitor was the proper person to advise but -Arrow, golden Arrowtown did not possess one, and the waning star was permitted to cogitate upon the uncertainty of law, and the fate of greatness. He was last seen running frantically about with a cony of the Otago Municipal Corporation Ordinance. But, why should the Arrow folk be so persecuted by the Police as on all hands I was besieged witli numerous complaints, and requested to notice these events ? You dare’nt play cards in any of the hotels, nor “Yankee Grab.” , In small places it does not do to become too officious, nor to insist in carry ihg out the law to the very letter. Of course, when a case is brought under the notice of the Bench there is no alternative but to hear it out. I must admit that Mr Stratford is very courteous to suitors, and appears to he well versed in law points. One thing is evident, and it is this, that he is not afraid to speak his mind. The Coun* cillora of Arrowtown don’t appear to he a very happy family, nor respectful to the constituted authorities. One was fined for allowing cattle to wander ; and another was very nearly being locked up for disobeying a summons as a witness. He was allowed five shillings as expenses, and ho vows that he will keep it as an heirloom, to bo handed down to posterity. “ Go it old horse, there is nothing like ginger for pluck.,’ The town, itself has greatly improved since I was last there, and the gardens look remarkably w'ell; while tho Bank of New Zealand have erected a fine building, in fact such an one as would not disgrace Dunedin itself. Mr William Welsh is to he found at the Royal Oak Hotel, and has laid out’ a good round sum of money in improvements, furniture, &e. Mr Scoles is still at the New Orleans Hotel ; whilst Messrs Wilkinson, Graham, O’Brien, and Butler occupy their respective houses of call, and are glad to welcome old faces. There is one thing particularly observable about the Arrow, and it is this, its cleanly appearance, forming a great contrast to Cromwell which, it is scarcely necessary to add, is as remarkable for its dust and absence of drinkable water. That a united Corporate body can achieve a good deal is clearly established by a visit to Arrowtown, which I understand is free from malcontents and Corporation obstructionists. They all pay their rates, and when streets are required to be formed they set about doing it at once, and not talking about it. 1 would drop a word of advice to some of the good folk thereof, which is, don’t leave your comfortable quarters, abandoning a certain living for an uncertain one. The Arrow is in the heart- of a large agricultural district, and reefs—good and payable—are distant but twelve or thirteen miles. The reef at Maoetown, opened up by Raven and party, looks remarkably well, and is four feet thick, can be traced throughout, and the stone is really firstclass. When they drive in about thirty feet they will then he something like ninety feet under ground. Ascending the hill and driving in about thirty feet would give ninety feet equal to sinking. There can he no doubt but that the reefs at Skippers and the Twelve-Mile are genuine and substantial. Having seen for myself I have no hesitation in directing the attention of speculators and others to these reefs. On some future occasion I purpose giving a more lengthened account of the roadside places and the district generally. The lea ling article in the Bruce Herald of the 12th instant concerning the melancholy end of the convict Cyrus Haley, has been the subject of comment throughout the district. As a literary effort it is remarkable for its barrenness, and while it professes to read the Otago Guardian a wholesome lesson, it abounds with platitudes and snivelling sentimentality. The writer would have the public believe that ho has an indescribable dread of criminals, and that it is man’s prerogative to shoot his fellow man with impunity. If one happens to be incarcerated under and by virtue of Regulation 63 of the Ptison Act, 1873, he is to be shot without tho slightest compunction or remorse. It may not be within the knowledge of tho Editor of the Herald that quite recently in this Colony it was discovered that a man avho had been sentenced to a long term of imprisonment and, two floggings, (or,o of which was administered} was but the victim of a base conspiracy, yet this regenerator of society would insist upon his being shot down like a dog. Cyrus Haley at one time held a very prominent position in Auckland Bocic* j ty, and until his unfortunate contretemps with Mr 'JTiomas Russell, he was regarded as a respectable and shrewd business man. Having known the deceased lor a number

of years, and pfeaont aflho vory moment of his capture by Inspector Brohatn of tho Auckland Police, 1 am in a position to speak with some degree of certainty re. spooling Haley’s conduct when in Auckland. That ho was suspected of many things is Undeniable, but that many acts were unjustly ascribed to him is equally true, realising tho aphorism, “ give a dog a bad name, «tc." If it had been apparent, or there had been any circumstances to warrant the supposition that a possibility existed of tho convict making good his escape, then Warder Miller might have been justified in using his carbine. In the open day, with no hush at hand, and very slight chances of making good his escape, the life of a fellow creature was wantonly sacrificed. The mere fact of his being a prisoner did not warrant an armed man shooting Cyrus Haley when retreating. At a distance of seventy yards, and running at the top of his speed, it was far from manly to take such deadly aim. It would not be too great a stretch of the imagination to believe that fatal weapons are only placed in the hands of the warders as instruments of protection, only to be used in case of attack or personal violence. It is also a well-known fact that prisoners attempting to effect their escape are liable to additional punishment, and that Moray Place, Dunedin, presents but few chances or facilities ; therefore, then whyshould human life be so dealt with, not to say wasted ? It is all very well for a writer to assume that every person is lost to every ennobling sentiment, and that in entering his protest against the reckless trifling with human life he is to be unjust ! y accused of “snivelling sentimentality.” In every community there are to he found the A minidab Sleeks, who, with no soul or heart, can only view facts through a darkened, telescope. Tho fact, however remains that Cyrus Haley was by the act of Warder. Miller despatched to his long home and hurried perhaps unprepared before his Maker, with all his sins upon his shoulders. By what process of reason the Coroner’s Jury arrived at the verdict they did is best known to themselves, although to persons exempt from local prejudice and influence, it does appear a singular and incongruous judgment, despite the assertion of the Bruce Herald to the contrary.- The evidence, as a whole, unmistakably proved that the man had divested himself of his trousers, that he was in his flannels, and how, in the name of common sense was it possible for him to conceal any instrument or weapon ? When called upon “to stop ” lie still continued running away. If there had existed any intention to owe his liberty to a personal conflict he would have paused, and when called upon in Moray Place “ to stop,” have waited the arrival of his pursuer ; hut this was foreign to the mind of Cyrus Haley. The fault, if any, lies with the Warders themselves, as any man having the chances to regain his liberty would he likely to seize the opportunity, and where such lixitv exists on the part of tho Warders themselves—an entire absence of that vigilance which is essential to the well regulation of gaols and their proper discipline—cannot he interpreted as conferring a right to trifle with that soul which he had no hand in creating.