CROMWELL.

Dunstan Times, Issue 712, 10 December 1875, Page 2

CROMWELL.

(from our own correspondent.) Mrs Michael Sharkey, who 'has for aomo time been suffering from rheumatic paina, missed her footing on Saturday last and fell over an embankment fronting her residence, and I regret to add, sustained a fracture of the leg Hr Stirling was promptly in attendance and set the limb. I am hapny to add the patieut is progressing favorably. Of a sudden, a well-known person—a Frenchman by birth, (M. J La Fontaine) 'uddonly loft Cromwell, and some were to be found who were not alow to spread rumors far from creditable or truthful. LaFontaine did suddenlyjdepart, but it now transpires that it was for the purpose of proceeding to tho Patent Offico in tho Colonial Secretary’s office at Wellington, to apply for a patent for a Gold Brodging and Boring Machine, and he has succeeded in procuring exclnsho projection to himself for tho term of six months, from the thirteenth ultimo. Notice has been given of his intention to proceed with the application for Letters Patent, and Friday, the 7th of April next, at Hio Patent Office, Wellington, has been appointed as the day and place for hearing the application and all ob-

Jectiona Of course, I am debarred from entering into a description, but tho principle upon which it is intended to be worked (as described bv the inventor to me) seems to be both practical and advantageous. It can bo worked in any part of tho Molyneux. The inventor deserves credit for tho enterprise ho has evinced. As to the uninitiated, local talent should always bo entitled to more than a mere passing notice, while any discovery that tends to develop tho mineral resources of tho District, and more especially to supply the means by which the river beds (which are known to be highly auriferous) can bo worked, should be not only en. courage! but fostered. It is therefore sincerely to bo hoped that no frivolous objection will be lodged against tho issue of tho patent. Of late tho Cromwell Corporation appears to to have been in a syncopic state, and necessitated to threaten members with the imposition of a fine of L 5 in default of ap-

pcarance at the civic hoard. Some of tho members applied for leave of absence, which was granted, and the carrying out of the Waterworks Scheme lefo to those who have, from the very first, consistently opposed the Firewood Creek supply, and yet these parties are not only to be roasted alive, but are to be coerced under the pain and penalty of incurring not only the ill favor of the august body, but to be held liable for a payment of L 5. This seems to many a most arbitrary procedure. Whatever credit may be attached to the scheme, by all means lot those enjoy it who have worked so long in bringing it to a close, and it is to be hoped (though by myself doubted) successful issue. Has it ever occurred to the Corporation that Mr Stuart, of the Victoria Hotel, is entitled to some compensation for tho very excellent footpath he has made in front of his place, and would not a few pounds ouTayefi in continuing the same, say as far as Mr Baird’s residence, confer a boon long desired ? It is a well-known fact that there are many private dwellings in this part of the town, arid that at present they are, on a dark night, dangerous to ap-p-oach. Will no energetic Councillor move in the matter, seeing ihat the ward is at present unrepresented. On Friday last, in the Resident Magis - trate’s Court, James Corse was charged on the information of Max Gall, of Cromwell, Chemist and Druggist, with having, in a public street, and within the hearing of passers by, therein being guilty of using profane, obscene and indecent language, cal dilated to create a breach of the peace. Mr Johnston appeared for the defendant, and stated that his client was unwell and unable to attend, hut with the permission of tho Bench, he would ask for the case to he heard. His Worship consented, when the Complainant deposed.-That he knew the defendant James Corse. On the afternoon of Tuesday the 30th ultimo, he was proceeding up Mclmore Terrace, Cromwell, when Dr Corse looking him deliberately in tho face exblaimed— 1 ‘ that is the b - • - y

medical student, &c., (the remainder of the j language is unfit for publication.) Was I ; aware that a letter headed “ Quacks ” had | appeared in the Southern Mercury, and | < was signed “ Medical Student.” Witness | was not the author thereof. If ho had re- ( plied to the opprobrious epithets, had rea- j son to believe that there would have been a breach of the peace committed. Dili not give him any provocation. Was positive the words used in the information were ut- ( tored by the defendant and addressed to me. They were used in the public street, and uttered in a loud tone of voice. E. A. Drury deposed ihal on the afternoon of Tuesday the 39th ultimo, Dr Corse asked him about the letter, and he told him that ho was the author. Dr Corse replied that he knew that, but it was that b - - r Gall that was at the bottom of it. Had not been frien lly with Corse for some time. By Mr Johnston. —Was not actuated byanymalice when he wrote the letter signed “ Medical Student, ” but believed in what he had panne 1. This closed the case when Mr Johnstone called Arthur Fuller, who gave his evidence—the substance of it being a general denial. His Worship—The case as as sat up for the defen ;e, practically asks me to believe negative evidence as against the oath of the complainant, who certainly gave his evidence in a clear and straightforward way, besiles his statement is supported by collateral facts. A letter was written to the paper, and an independent witness speaks about the defendant men tioning the letter as well as the name of the complainant in anything hut complimentary terms, and this it must be remembered was ear'isr in the afternoon, that is to say, a considerable time before the language complained of was uttered. In the conflict of testimony I must say that 1 incline to the complainant’s version, who I think would not perjure his soul in that open manner Fuller would have the Court believe. There was positive evidence that this vile language had been uttered in a public place, and as it was the second offence, the Court would inflict a substantial

penalty in the hope that the lesson ■would not be apse lily forgotten. Fined L 5 and Costs of Court. Chas. Colclough (as Collector) v. Jno Marsh. This was a claim for the sum of LI I Is, being amount of rates due for year 1874 5. Mr Wilson appeared for the Corporation ; defendant in person. Chas. Colclough, being sworn deposed that he had no appointment as collector. Produced minute confirming his appointment as Town Clerk, an ! by virtue of that appointment had done clerical work and rate collecting. Produced the assessment roll. The assessment as laid before the Council had not been appealed against. The sums fixed against the sections wero due. On crossexamination it transpired that the rate had been paid on some of the sections. That the defendant was not the Owner of all tho property assessed, and that tho numbers of some of the ‘actions ns appearing in the plaint note did not correspond with those in the assessment honk. The defendant very ingenious!? argue! that the plaintiff must benou-suitod on the following grounds:

1. That the Gazette declaring the probable receipt and expenditure must be gazetted before the 20th April in each year, and there was no evidence that such had been done. ■ 2. That no Valid appointment of the plaintiff as collector had been produced, and that there was an entire absence of evidence to identify the party suing as the collector for the Corporation of the town of Cromwell. 3. That the proof of ownership was incomplete and unsatisfactory. 4 A portion of the same rate had been previously sued for, and that the present proceeding was a splitting of the cause of action, and should have been incorporated in former proceedings which had been settled by appeal to the Supremo Court. 5. That the proceedings were vexatious. Mr Wilson replied, when his Worship intimated that he would reserve judgment, but in the event of its being against the defendant he would not allow costs, as he considered he was being greatly harassed.