The Dunstan Times. Beneath the rule of men ENTIRELY JUST th PEN is MIGHTIER than the SWORD FRIDAY, DECEMBER 17, 1880.

Dunstan Times, Issue 974, 17 December 1880, Page 2

The Dunstan Times. Beneath the rule of men ENTIRELY JUST th PEN is MIGHTIER than the SWORD FRIDAY, DECEMBER 17, 1880.

Great confusion is creeping into tho administration of justice on the gohllieMs, owing to the unwise and il). considered arrangements Utelv made. At a recent sitting of the Resident Magistrate’s Court, at Blacks, Mr Robinson heard and dealt witli a case which hy custom and established etiquette should have I een heard before the Magistrate at Clyde. Wo refer to the suit— Ciiapple'u Dtokib —and in doing so we wish it to he understood that we have no desire to comment on the mm-its ot the case. The circumstances are as follows : - Mi-Chapple, of Tiger Hill, sued the County Ranger for impounding his cattle off the Montnre Run, at Clyde. Now the Moutere Run and the Clvdo Pound are both within Major Keddell’s district; hut as it was more convenient for the plaintiff to have the case heard at Blacks, ho took it ihcte , and the Naseby Magistrate, very improperly, as we thinkradjm'ic.ted upon a matter, as to which the cause of action arose within the juris- | diction of another Magistrate. Seei tion 19 of “ 1 lie Resident Magistiates Act (with which Mr RobinI son should hy this time he ixrremely familiar) expressly limits the jurisdiction of a Resident Magistrate to cases wherein “ the cause of action lias arisen either wholly or in some | criteria! point within the district in ! which the action in brought. or the | party sought to he charged is residing ‘O' carrying on business." Now , in_ Ciiappi.k v. 1.1 It:hie. in no one i )i dnt did the cause of action arise I within Mr Robinson’s jurisdiction. We use i he word jurisdiction advhsedlv, bfcauu; we are quite well aware thatf.r tho pueposes of the Resident Magistrate’s act the Otago Gold-Holds is only one * Distiict.’ This was so arranged with the view of enahlin-f Magistrates on the Gold-fields to act for each o' her upon any emor-mucy. It is very questionable' whether any such arrangement was necessary, because iu the absence of the Magistrate specially appointed to any District any other Resident Magistrate, or two Justices can act. But let that pass. We only mention in fairness to show that hy the strict letter of the h,w Mr Robinson was justified in h Q arin<» the suit referred to. But it has always hitherto been the practice and courtesy of each Magistrate on the Gold-fields to confine Ids jurisdiction within the limits of tho district where he performs tho duties of Warden. May more; suitors have been very properly discouraged from I .ringing cases into ( onrts remote from the localities wherein cause of action has arisen, and it will greitly to be do. plored if this wholesome ni e should be departed from. Indeed we are disposed to believe that the departure therefrom iu this instance was an oversight on the part of Mr Ro'dnson, than whom a more courteous officer never sat on the Bench. No harm has ensued \et, but if <~'iiapple v. Dickie were established as a precedent there is no end to the anno)', ance to which defendants might he subjected by unprincipled or cantan-k-n-misplaintiffs. Men all over the Gold-fields to their own great loss and inconvenience, at the will of any maliciously disposed person. Queenstown cases might he taken into the Lawrence Court', Clyde and Cromwell oases into the Nasdiy Court, Nasehy case? into the Cromwell or Roxburgh Courts, and so on, without restriction ’Hus of course cannot and should not be suffered, and we call public attention, and tho attention of Magistrates to tho case which occurred at Blacks with full confidence that such a thing will not be allowed to happen again. ‘

In consequence of the unusual rush of advertisements we are compelled to omit many items of general interest, and also to curtail that which we have noticed. On reference to onr advertising columns it will he seen there is to be no lack of amusement during the coming festive soasm. Horse Races and Caledonian sports during the days, and concerts and Balls Ju the evenings. We have to acknowledge with than ¥* the receipt from the publisher of the look “ White Hood ” and “ Blue Cap," by Vincent I’yko and Thorpe Talbot.

We have received from the publisher, Mr Braithwaite of Dunedin, a copy of White Uuwfand Blue Cap ; by Vinceut Pyke and Thorpe Talbot.” It is extremely well got up and at the price—one shilling —is the best ‘ Value for Money ’ ever publish <d in the Colony. Wo have not had time to do more than take a cursory glance at the contents, but next week we will furnish more extended notice. In tho meantim , we may say, that we observe sonic critiques on the book iu Dunedin pipo s, which seem to be of a violent and offensive character. That in the Herald is weakly sarcastic, but it may be excused on the ground that the wri or did not know better. That in the Tim's is rather an attack on the writer than a review of the book, and it is so violently coarse, vulgar, and savage as to excite the belief that the object aimed at is the gratification of private spleen and personal animosity rather than fair criticism. Wo do not know whether most to admire the reviewer’s abuse of the writers ; his profound geographical ignorance, his grammatical inaccuracies, on his absurd fastidiousness. But Mr Pyke need nut be annoyed, for regarded from a commercial light it is_ an excellent advertisement for his book. The following hon mol is so thoroughly characteristic of its author we feel sure it will be appreciated.—Mr J. P. Armstrong dentist and leettrec, was returning to Dunedin from Christchurch a day nr two afler the Cattle Show ; one of his fellow passengers, a late arrival from tho Lothians, said to the lecturer : —“ And may I ask, my mnn ! what kind of bea«ts did ye exhibit ?” “ Oh ! “ Irish Bulls ” was the reply of Honest John. The Lynch family of Bellringer’s appear in the Town Hall Clyde this evening. The entertainment is a varied one and should attract a large audience. Some five years ago, when this talented company visited the district they were spoken of very highly and their entertainment pronounced an exceptionaldy good one. As they have been constantly performing since then, they must have improved with their practice, them entertainment necessarily must be of a higher class now than then. Onr Riverton contemporary the Western Star says “ A painful sensation was, created in town on Thursday the 9th instant by the suMen death of Or Fclthain." Deceased had not been in particularly good health for some days previous to his death, he having been suffering from a cold of some severity, but a fatal issue was not expected. About 8 o’clock on Thursday morning lie visited the h-mse of a man named Arnett, in Kavelock-streit. He complained of feeling unwell, and of a pain in tho chest, an 1 at tho suggestion of Arnett he laid down on the latter’s bed. Shortly afterwards he requested Arnett to prepare a mustard plaster to put upon Iris breast. This was done, and he stated that ho felt l.etfeor after its appltc.iti-in. ITe Conti lined to grow worse, however, hut he refused to allow Dr Young to ho sent. fur. and gradually expired about o"e o'clock, having remained conscious up to the last moment Besides Arnett there were three other men in the house, and they rendered what assistance they could.”” Dc guslibus non csl disputandum. The critic of the Daily Times in referring to Mr Pyke’s story— •* Under the Wattles,” published in the New Zealand Annual says : “ There is a somewhat unnecessary periphrasis in the following description of a kiss : “ Then there went up a sound, slight and sibilant, which came not from any bird nor from tho sighing of tho wind through the wattles,nor from the murmuring of the waters, but from the blissful union of two pairs of lips ” An expert in the oscillatory art assures ns that provide 1 the kissee he passably good-looking it is not possible for a kiss to he f oo periphrastic. In fact that it is or should be “ Linked sweetness long drawn out.” The programme of Black's annual races, which is to he foun I m another column, is an exceedingly liberal one, and should attract a large field of competing horses. Onr flood Templar friends at Alexandra advertise a Concert for Monday evening the 3rd January next, the proceeds to be Landed over to the Dunstan District Hospital. Mr Fache requests us to draw special attention to the sale on Tues lay next the 21sl instant, at Alexandra, of freehold properties in Clyde and Alexandra, cattle and horses ; also, of builders’ materials and other effects, on account of the widow of the late Mr \V. H. If istedt. As there will not he the. slightest reserve tho sale should be worth attending. Mr Braii.hwaite informs us (Morning Herald) that hu dispose 1 of 6JO copies of his “White Hood an I Blue Cap” on Saturday last. The return match played at Cromwell on Saturday laat between the Cromwell and Alexandra teams, resulted in a victory for the former, but, nevertheless, it gave them some trouble to do it, as according to the Argus, the victorious team -was the strongest the town has seen for many years, and all thojnen were in pood form. Wc shall watch with some interest for tho deciding game on the Alexandra ground, and we shall feel inclined to back the Alexandra! tes. A named Hogan, well-known in the district was arraigno I before Vincent Pyke Esq , J. P. yesterday, on the charge of burglary at the Geelong hotel, Alex in Ira, and reniandnd till to-day for evidence, From what we could glean of the facts, it appears Mrs Robertson, the landlady, hearing a noise in the house during Wednesdaynight, got up and saw a min just leaving th« house; aronsing her husband,* he at cneowentin-pursnit, but failed to find the accused. Alarming sonic of the ilcigUl'orsj a search was instituted, and the’accused was subsequently found secreting himself. A gun, a watch, and other articles, the

accuse I had taken from tho house \yere found in the yard, where evidently he had hop-ted them when knowing the inmates were aroused and would search for him ; in one of the rooms his boots were also found.