RESIDENT MAGISTRATE’S COURT.

Evening Star, Volume IX, Issue 2638, 1 August 1871, Page 2

RESIDENT MAGISTRATE’S COURT.

This Day. (Before A. C. Strode, Esq., James Fulton, Esq., and I. N. Watt, Esq., .Resident Magistrates.) Regina, on the information of Matthew Holmes, v. J. Macandrcw (Superintendent), J. B. Bradshaw (Provincial Treasurer), John sstljgate (Provincial Solicitor), and W, H. Cutten. Mr Macassey for the prosegufjon j Messrs Haggitt, Bartou, and Bathgate for the defence. The examination for the prosecution was continued. R. F. Thomson was called. After some general answers to questions respecting his Knowledge of the character of the proposed road, he said the only practical effect would be to take the water of Anderson’s Bay through %e qppuitig, instead of being dis- . posed over thu presput /ypejjjag to the Bay. The effect on the rest of be infinitessimal. If the outlet were sufficient, he did not see any evil effects whatever would be produced. There was no likelihood whatever of the Bay silting up. If reclamation were carried to too great an extent, it would tend to lessen the influx and reflux of the tide, and lessen the depth of water on the bar. Me considered that no reclamation of t)>3 harbor should take place except when necessary, ami- then as little as possible. As a guess, about 30 agppg of the harbor had been reclaimed. In cross-exami-nation by Mr Haggitt, tbo witness said he only spoke of the probable effe.t of reclamation on the cond tion of the Lower tiarb >r not from what he had observed. W. N. Blair, C.E., District Engineer under the Public Works and Immigration Act, been in the Province seven and a-half years. H,e had not made the brunch of marine engineering a special study. The consequence of the formation of the load would be to create a great scour at the opening. Theoretically the tendency of the work would be to cause the Bay to silt up, but it was difficult to give a decided opinion on the mechanical force of waters. Asa matter of theory what was gained at the opening by the concentration of the scour there, would be lost iu other portions of the Bay. The effect of would be to create a channel into Anderson’s Bay, and the Bay both inside and outsidejimmediatoly would be deepened. In cross-examination by Mr Haggitt:—The harbor had partially silted up partly owing to natural, and partly to artificial causes. That had taken place between Rattray Street Jetty and Stuart street. That was owing to the construction of thp training wall. If a sufficient openiug were left in thp proposed road, he did not anticipate any appreciable results from its construction. Captain James Stuart, master mariner : Had observed since the commencement ef reclamation works that the condition of the If arbor had altered in other respects. The channel to Stuart street Jetty before the dredging operations had silted up 12 inches. The whole Bay, from Stuart street upwards, had silted up considerably. He believed this process had been going on before reclamation commenced ; but it had gone on more rapidly since. The effect of the Rattray street drain had brought down even

quantities of metal. The course of the channel has changed, so that at Tairoa’a Head there was a deep channel; while on the other side a bank had been thrown up. John Every, Anderson’s Bay : Crossed the Bay in a boat every day about two months ago, and had occasionally done so during live or six years. The boat traffic was both of pleasure and cargo boats. Boats of from 10 to 20 tons burthen entered the Bay to load bricks. The course of steering to enter the Bay had to be altered in consequence of the construction of the road, as when a north-east wind was blowing, vessels had to hug that portion of the shore. Vessels of 20 tons burthen would only be able to get into the Bay at half-tide. In cross-examination by Mr Haggitt : He considered the road might be so constructed as not to be a nuisance. He could not name vessels that had entered the Bay. Mr Cox had told him the burthen of the vessels. It might be a convenience to have a jetty on which to discharge powder, from the vessel called the “ Ark, used for the transport of powder from vessels in the Bay. By the Court: The powder magazine was about 100 yards from the point at the North entrance of Anderson’s Bay, Robert Cox, Anderson’s Bay, brickmaker, examined : The boat and lighter traffic Was loading brioks and wool, as well as pleasure boats. The boats after going as far into the Bay as possible, were loaded from drays. It was usual for boats for Dunedin from the Vauxhall side to get out as nearly as possible in the middle of the Bay to get round Vauxhall jetty. He had shipped in one vessel 9,500 bricks, weighing 2S tons. In cross-examination by Mr Haggitt: He, by permission of Mr Gotten, trespassed on his land to load his bricks. The width of an opening, if 100 feet, would be sufficient for the boat traffic. Donald Reid, examined: The construction of the road had forme I a subject of consideration between himself an I the defendants. He did not think he was a member of the Executive when Mr Cairns was committed for trial. A conversation took place in reference to the road at an Executive meeting, prior to the letter of the 19th June being written. There was a quorum present and probably all the defendants were there. Mr Barton objected on the ground that the conversation was privileged. Mr Macassey held that the privileges of the Provinces being statutory, what passed at Executive meetings was not included in them.

Mr Barton replied. The Bench : The Governor, Sir George Gey was examined on Busby’s land claims, and was asked to inform the Chief Justice what took p’ace at the Executive meeting. Sir George Grey asked if he was compelled to answer 5 and the Chief Justice said he wg,s a subordinate officer to him, and must leave him to judge. Mr Barton urged that although the privilege was not claimed on the ground of an oath, public interest required any discussions in the Executive Council should be held privileged. The Bench decided that if the witness considered the question would lead to personal inconvenience, he might decline to answer. Examination continued :—His Honor presided at the executive meeting : he declined to answer the question what took plac°, as it might involve personal consequence to himself, as a member of the Executive Council. The letter was written subsequently to the meeting of the Executive on the same day. Charles Barr, Provincial Engineer, examined by Mr Macassey: Had heard a description of the proposed road. The result of their being one opening in the road would be that there would be a scour; but there would, in all likelihood, be a deposit in the calm parts of it. The effect would be less scour in the channels of the harbor. From the appearance of the banks, he judged that there had been a deposit principally between Stuart Street Jetty and the head of the Bvjq He had reported twice on the effect of the road proposed, and disapproved of it as Proyindal Engineer, Cross-examined by Mr Haggltt :* He vpas %waps Brquton had been appointed tq superintend the work. He was not a member of the Society of civil Engineers. Ho believed Mr Brnnton was a member. He attended the Glasgow University under Professor Kaukin— an engineering class —and had servedseveuyeirs apprenticeship as an engineer. He had not been a-iked to prepare plans of the work, but in his opinion it would effect Anderson’s Bay and the Upper Harbor, but not the Lower Harbor amr«fo}sbly, Ee-examined by Mr Macassy: The institute of Civil Engineers was a British one, but many engineers practiced without certificates. He had beep engaged as assistant engineer in the Clyde improvement, and afterwards in various railway works. He came out on the recommendation of Messrs Stephenson. This closed the case for the prosecution.