The Evening Star. WEDNESDAY, MARCH 15, 1871.

Evening Star, Volume IX, Issue 2520, 15 March 1871, Page 2

The Evening Star. WEDNESDAY, MARCH 15, 1871.

We cannot compliment our contemporary, the Daily Times, upon any improvement in his manners during the last month. There is a time for all things, and this is hardly the time to discuss such a question ns whether it falls within the range of his Excellency’s powers to secure by a pardon the evidence of a person scarcely likely to'be implicated in a charge, when .all other legal means have been thwarted by the ingqpuity of the accused and his‘counsel.-- It is not for us to question the dictuin of the legal gentlemen whose names were attached to the letter published by Mr G. B. Barton, expressing an opinion that it was “ a “ fit case for enquiry before the proper “ authorities.” Every question raised is “ a fit case for enquiry,” and, as a matter of course, “before the proper “ authorities ” ; for it is the glory of a Briton that he can sit in judgment upon the acts and doings of his Sovereign. But it must be specially remarked that not one of the gentlemen who appended their names to that expression of opinion went so far us to say that it was an illegal course. Mr Barton can be well excused being somewhat sensitive as to the result of the trial. We may question the policy of the course he has taken. Had we been placed in like circumstances--a contingency to which the editor of every newspaper is liable, even with the utmost oare—we should,mot have taken his line of defence. But that is for him to consider, and if he happens to hold a crotchet that is untenable, he is excusable under the circumstances. Both he and the legal gentlemen alluded to must know very well that the course adopted by the Crown Prosecutor is no uncommon one at Home. In fact, were it not taken, the object of ...... j . * * -— r ni4an'f Auanirios would he entirely frustrated. We know of many c ises, during a long connection with various branches of manufacturing industry subject to Excise supervision at Home, in which most important disclosures were made to the Government that could never have been elicited by any other process than protecting those who gave .evidence, from the penalties to which their own acts would otherwise have subjected them. It is clearly within the scope of his Excellency’s powers to decide whether or not lie will direct proceedings to be taken against persons who may possibly, by telling what they know, render themselves liable to prosecution, when it is advisable to do so for the ends of justice. Such a power has always been exercised, as far as we know, in every Colony as well as at Home ; and it does not seem to matter to us whether it has been in the form of a pardon or an indemnity. Our contemporary ought to be perfectly aware that this term “ free pardon ” is used very absurdly ; and if any other form of words could he adopted, it would sound very much more pleasant in cases either where a person has not been charged with an offence, or in which he has been convicted and afterwards proved innocent. What can grate more upon the ear of a man who has suffered wrongfully than to receive “ a free pardon,” and to be discharged from a prison into which he ought never to iiave been cast? Yet such is the form of law:, and such, we presume, is the “ form ” necessary in cases similar to that in which Mr Muston was placed, or it would not have been adopted. The simple, common-sense view of the matter seems to be, that if in the exercise of his powers his Excellency grants a free pardon for an offence never committed, he has taken very unnecessary trouble, and what he has done is mere surplusage. The man who is the subject of such tender mercy is neither better nor worse for it. He may he perfectly satisfied his sleep would have been as sound and his appetite as good had the Governor never troubled his head about him ; and the pardon he has received neither injures his fame nor his pocket. There might have been some reason for finding fault if attempts had been made to compel Mr Muston to give his evidence by threats of pains and penalties ; but since the days of racks and thumb-screws are past, the better plan of “ a fi-ee pardon,” even if a misnomer, has been adopted. In saying this we are not pronouncing any opinion as to the case between the Government and Mu Barton. That has yet to bo

decided ; and just in the same way the pjint raised between that gentleman and his Excellency having been referred to the Home authorities, should not have formed the subject of so gross an attack upon the Governor as appeared this morning in our contemporary’s columns. We consider the question in itself very puerile—a matter in which the public are really not interested, since no social interest is concerned whether the “ form of indemnity is altered or maintained. Nor should we have thought the discussion worth the paper it is written on, had not the Daily Times chosen, with such wretched taste, to bring it so prominently forward as to render it as distasteful to his Excellency as possible.

The City Elections. — On dit that the scrutiny of the votes has resulted in Mr Reynolds being placed at the head of the poll, and the election of Mr Duncan in place of Mr Birch.

The Governor, —We understand that bis Excellency the Governor will inspect in the Provincial Council Hall, at 11 a!m. on the ]6th instant, an exhibition of works of art cut by Mr Godfrey in stone and wood, and that the pub ic will have an opportunity of inspecting the same after his Excellency, Martin’s Bay. A recent arrival states that things there are very quiet, there are not more than twenty (residents at the settlement, and there is a party of miners at Big Bay, where the grauiid being worked is shallow. The men are making fair wages, but as provisions arc both scarce and dear, it is not likely they will remain there over the season. The 4tji inst. was the anniversary of day previous Mr J. jSjjfejißjyw'as making his last near Bout Chalmers A meeting of the regatta committee was held in Dench’s Hotel, last evening. Captain W. Thomson in the chair. It was resolved that 5 per cent, on all monies collected should lie handed over to the Benevolent Instituti n. A sai ing committee was appointed to draw up a programme and report this evening '1 hero is every reason to believe that the regatta, which takes place on the 23rd hist., will be highly successful; and a novel feature of it will he the proposed race by Maori women, which is sure to cause considerable amusement.

The Amenities op Elections.—The Wellington A dm'tlvr published an 'electioneering skic in which Mr Travers’ name was mentioned, and the following morning the printer wrote to that gentleman apologising for its having been done, stating that it was a mistake on the part of the “makerup.” Mr Travers returned the note of apology indorsed as follows : “Mr Langbridge or any other blackguard of the same kind may publish what he likes and where he likes.” The Adn'-rfistr now thanks Mr Travers for his kind permission, an I regrets f’.VIQ'L if". tho 0;£ llj.il! CIS a gentleman. A Witness for Character. —At the trial .of Walter Johnson, a hardened cdminal, at the Christchurch sittings last week, the prisoner, before being sentenced, asked to be allowed to .call witnesses as to character—a request that occasioned much merriment, which was inpreased when the Governor of the Gcal stopped forward to do so. The Governoi’ s,aid the prisoner had been under bis .care .on tlmee separate occasion?., was •“ an .excellent prisoner/’ an.d always endeavored to induce his fellowprisoners to observe prison rules. The Jndge said that but fqr this i eco.mmeudation the prisoner would have received ,a yory severe sentence. As it is bis influence will only be experienced by Ids fellow-prisoners for three years.

The Incoming Mails.—There appears to be some misapprehension with regard to the .date on which the San Francisco February mail is due. Assuming that it will be brought am by the Wonga Wonga, it is due in Auckland op Mip’c.h 21, according to the average passages made by that beat. We are ,not aware whether the first boat of Mr Webb’s line was to leave San Francisco on February J6, as reported (it qn ( - time. It is not probable that any c*f tie | boats would be allowed to start till the con- 1 tract for the new service was definitely arranged. The Suez February mail, with detailed news up to January 27, and tele- ! graphic advices up to February 20, is due at Melbourne on March 16. The New Zealand poitiouof the mail will, in all probability, be brought on by a steamer leaving Melbourne on March 18. It may bo looked for on March 23.

City Council. —-The City Council met this afternoon. Present—Mr Thoneman in the chair ; Messrs Winter, Mercer, Walter, Jack, and Livingston. After several letters had been read, the City Surveyor’s report was read and passed. The reports of ,tbe Works Committee were also read ai.d adopted. The principal features of it were tkc recommendation of certain contracts, and the decision to reduce .contractors’ deposits to teji per cent, for amounts of LSOO and under, and five per cent, for contracts under LSOO and upwards. Mr Livingston was appointed a member of the Public Works, Cemetery, and Fire Brigade Committee, in the place of Mr F. Mansfield. On the motion of Mr Walter, seconded by Mr Mercer, it was resolved to communicate with the Board of Health as to the best means of checking the spread of scarlet fever.

I’uiNCiiss Theatre.—The character of Hcsler Grazebrook, in the “ Unecpual Match,” is the bed ip the repertoire of Miss Carry George—easy, graceful, and natural, it at once t ikes hold of her audience, and secures them throughout the pday. Very nearly approaching Miss Carry George for excellence is Mr Musgrave in the part of Grazebrook a character always a favorite with the pmblic, and so often drawn by dramatists of a former generation that the Frenchman’s caricature of John Bull is taken from it: a large-hearted, sturdy yee>pan, with all the peculiarities and prejudices of his class. The other characters of the comedy were sufficiently well filled as follows !—Bessy Heblethwaite (Mrs Edouin Bryer), Airs Montressor (Miss Lizzie Bushe), Blenkinsop) (Mr W. Hill), I)r Botcherby (Mr Lawrence), Arncliffe (Mr G. W. Collier), Tofts (Mr W. H. Metcalfe). The house was

well attended, particularly the pit and stalls. Tins evening will be performed “ A Winning Hazard,’' and “ Grist to the Mill.” Soiree. —The opening of the North Dunedin Presbyterian Church was celebrated bv a soiree^last evening) at which 200 persons sat ■ own. The Rev. Mr Thomson presided, and tlicrcwere present—The Rev. Messrs Alves, Stuart, Scrymgeour, Sutherland, and Williams. Mr Alexander Fraser then lead the report of the building committee, which showed that subscriptions to the amount of L 243 19s 7d had been received, and that debentures to the extent of L3*io had been taken up. Against which L 75 had been paid for the Church cite, 1475 4s 7d had been paid on the contract for the erection of the Church and other buildin ir charges, leaving a balance in band of 1.33 15s. The present liabilities of the Committee are—amount due on contract, L 259 10s ; church site. L 200; debentures, L34i)j sundries, L 47 10s—making a total of L 847 Os 6d. The assets stood thus, subscriptions promised, L 94 Is ; sale, of scats in drill shed, [,13 10s; proceeds of soiree, L2O; cash in hand, L 33 15s, making a total of Ll6l Os, leaving a liability over the church, L 685 14s 6d.

The electors of the Waikavi District will be addressed at the Presbyterian School Room, Maori Hill, this evening as follows: Mr Hepburn at 7.30 ; Mr Driver at 8.30. Messrs Burton Brothers have favored ns with photographs of his Excellency the Governor, which are executed with more than ordinary care, and are most striking likenesses. Sir G. F. Bowen must be pleased with these specimens of Dunedin art. We have frequently had to commend the skill with which photographs arc executed by this firm, but wo do not know that they ever produced more truthful and lifelike portraits than those submitted to us.