SUPREME COURT.

Evening Star, Issue 3485, 24 April 1874, Page 2

SUPREME COURT.

It is stated in Sydney that the Australian end of |the proposed New Zealand telegraph cable will be laid in Broken Bay. Mr Carruthers, engineer-in-chief, will next month make his annual inspection of all public works in the course of construction in the Middle Island.

Two of the young lady operators who are to take charge of the North Dunedin Station arrived by the Ladybird this morning, and will commence their duties on Monday next. We wish them every success. The Agent-General writes to the Hon. Mr Eeynolds: —“ You may rely upon my leaving no stone unturned to secure a training ship for the Colony. _ I cannot now make out whether there is any mention of either breaking up the Kosario or selling her when she comes Home.” At the Eesidenfc Magistrate’s Court, Port Chalmers, this morning, Griffiths Jones was charged, on the information [of Warder Macnamara, with throwing tobacco to the prisoners, He pleaded guilty, and was fined 20s, or one week a imprisonment. Captain Thomson and Dr 0 Donoghue, J.P’s., presided.

The Cromwell paper regrets having to record one or two fresh cases of. fever since its last issue, but it may safely be said that the epidemic is on the decline. Last week was ushered m with another fatal case, that of Mr John G. Milns. The deceased was just twenty years of age. We are informed that it was intended to-day to have presented to Mr Fish a requisition, signed by over 300 citizens, asking him to allow himself to be placed in nomination as a candidate for the mayoralty, but owing to that gentleman s absence from town, the presentation has been delayed.

The prisoner Levy, who by a fluke escaped conviction for attempted murder at the late sitting of the 'upi eme Court, at Hokitika, was brought before Judge Harvey on Wednesday week, and found guilty of an assault upon a g&ol and was sentenced to a year*s iniprisonment, to commence at the expiration of ms present sentence.

A proposal has been made at Auckland that L 50.000 should bo borrowed on the security of the City reserves for fifty years ; LII.OOO to be applied to the extinction of existing liabiiities; L 15,000 fpr the construction of sewers, new streets, and general improvements; and L 24.000 f°/P™ng, kerbing, and channelling the whole of the thoroughfares.

Racing a tram with a plough horse or a donkey, which will keep the track in front of the engine, is a favorite subject for American humorists with the pencil. Beating a train with a coach and four was done in Wellington on the 19th mst, A sporting reporter who ®.J; ac f states that the morning coach from the Hutt challenged the train to a fair run to town, started with it, and won “ hands down.” There was a capital attendance at the Princess s last evening, when the programme of the previous night was repeated. It is not necessary to mention the various feats of strength and agility, but mention deserves to be made of the performances on the parting ladder, and the surprising things done on the trapeze and the tumbling of that mite of humanity, who is specially distinguished by an uuwriteable name, ihe wire walking can only be appreciated on being seen.

The returns of the money-order and savings bank transactions during the December quarter P aß f year have been published. It appears that the total value of the money orders issued during that quarter was L 56.241, as compared J'qito i during the same quarter in 1072. Ihe value of the orders paid was L 40.095 m the concluding quarter of 1873. and L 35.654 m the same quarter of the previous year. The total balance left in deposit in the Savings B “ I the of the year was L 35.473, while in 1872 it was L 29,715.

, , or the Little Devil” was played at the Queen s Theatre last evening to a fair attendance. Miss Towers acted capitally as ABWpdeiTs, and Mr Burford ably seconded her efforts, Mr Towers as the Ring, and Mrs

Towers as the Queen, also contributed materiuly to the success of the piece. Mr Hydes certainly spoke the words of his part, but" did aot play with his customary care. Mr O’Brien, the lessee, takes a benefit to-night, when the “ Tickot-of-leave Man” will be pioduced. During his management he has placed a number of novelties on the stage, and has shown a lispnsition to provide good amusement. We

'hope to see a large attendance. “What have the reporters done?” was the natural remark of one of the unfortunate scribes who put in an appearance at the Waste Land Board meeting this morning, to report the proceedings of that body. The accommodation provided for the Press has never been satisfactory, but it is getting beautifully less each meeting, until now it is beyond endurance. This morning the reporters found themselves placed in a position where it was physically impossible for them to gain the faintest idea of the business being transacted ; and they wisely made themselves conspicuous by their absence. The usual monthly meeting of the Caversham Road Board was held in the school-room last night; all the members present except Mr IJren. Mr Rutherford was in the chair The only important business was the consideration of an application by Mr Julius Jeffreys to have road line along the Ocean Beach closed. Several of the members were disposed to sanction the application, but on the motion of Mr M‘lndoe it was agreed to appoint a deputation to wait on the Government in the matter, and also to ascertain what rights the public have to the frontages along the ocean. _ He spoke strongly against the

proposal, describing it as an attempt to close the people out from access to the Beach, and asserted that the fence had bean removed by Mr Jeffrey within a recent period, thus depriving the community of a right which belonged to it. The classification of the remaining unsold Grown lands in Southland is complete, and the Commissioners report that there is about 200,000 acres- of agricultural land open for disposal, being thrice the amount generally believed.’ The inhabitants, fearful that the best land will be swallowed up by capitalists if free selection is exercised over this land, are petitioning the Previncial Council to make provision for the successful settlement and employment of the numerous immigrants arriving and expected to arrive. ' With that view the Council is asked to

reserve for occupation on deferred payments “ all the unsold agricultural land as recently classified in the district (including the unsold land in the existing hundreds)and “ that in every district wherein the extent of land fit for settlement offers inducements to a considerable number of agricultural settlers, a large township reserve should be made, and surveyed off into four to ten-acre sections forsale on deferred payments, with the view of encouraging the settlement of inland communities consisting of families who would be ready to taka labor from neighboring employers; or at a season when no such labor offered could employ themselves on their own small crofts ; and that especially such settlements should be made in districts adjacent to the existing or projected lines of railway.”

With commendable energy the Secretary for Works, Mr Bastings, and the Provincial Engineer, Mr Simpson, arrived yesterday in Milton to take a preliminary survey of the proposed line of railway to the coalpits. Accompanied by Messrs Robert Clarke, M.P.C. for Queenstown district; Alfred Jones, Bank of New Zealand; and Messrs William Black and John L. Gillies, Directors of the Bruce Coal Company, they took a general surrey of the ground ia the direction the railway to the coalpits would be likely to run. They first proceeded down the present road through Mr Dunn’s, following the river course past Mr Falconer’s, thereafter making up to the coalpit from the mouth of Coal Gully. In returning, they inspected the ground immediately below the bush, coming out at the back of Fairfax, and returning thence by the usual road to Milton. The line would be about—the shortest vra y four miles and a-half, and presents no engineering difficulties. The ‘Bruce Herald,’ to whom we are indebted for the above information, expresses the belief that it will not be fmind t° be an expensive .line by any means, The Secretary for Works and tha Prov'n ial Engineer were to visit the coalpits at Kaitangata to-day.

The last meeting of the Cromwell Municipal Council was not characterised by the decorum which usually marks the proceedings of that body- On that occasion, the ‘Argus’ tells us that one of the Councillors came to the meeting unmistakeably and demonstratively tight. One of the first proceedings was, with delicate irony and drunkenjgravity, to inform the Mayor that he was simply a“ d d old horse.” Then he went on to abuse and decry his fellowOouncillors, and show up, as he expressed it, their little game. From abuse of others, he of course naturally went on to praise of himself: but what he said on this subject, it would be wearisome to repeat. All the time, of course, he declaimed in true oratorical style, and eventually, whether by accident or design is not clear, in waving his hands and doing the thumping” business, he threw the lamp over and thereby left the hall in darkness. When at last a new light was thrown on the anxious subjects sitting around the table, it became a question of how this scene of confusion and disorder was to bo brought to a conclusion. Some delay occurred, 1 occupied in turning over Acts and _ Ordinances to find some method of dealing with the erring brother; and then it was resolved that he be requested to leave Ihe Mayor blandly intimated the resolution of

the Council to that gentleman, but he at once declared his intention to set it at naught, and gave defiance to Mayor, Councillors, and Town Clerk, not one of whom, he affirmed, was able to enforce the resolution. The Mayor then had to declare the meeting adjourned. Some of our contemporaries, remarks the ‘lndependent,’ intentionally or otherwise insert paragraphs which are calculated to damage riie cause of immigration. In the case of the Berar, last year, several unfounded statements were made, were republished in England, and did serious mischief; and lately some state-

ments have been made which are likely to have some effect. One of these appeared in the ‘Otago Daily Times” of February 20, and was subsequently commented upon by the ‘ New Zealand Herald.’ It was to this effect • —“We heard it hinted yesterday that one of the immigrants sent out by our Government in the Mongol was a well-to-do actor, engaged to play in Melbourne. This valuable acquisition will no doubt belauded free in Wellington, and then he will, regardless of expense, take a steerage passage to Melbourne, to fulfil his engagement, In very deed this man has ‘travelled,’ for he has found out the way to voyage from London to Melbourne, ‘with the option of visiting New Zealand,’ for the sum of L 5.” We learn that there are no grounds for the statement thus made. Inquiries were instituted by the Immigration Department, and the immigration officer at Dunedin reports that he inquired -’as to the statement at the time, and could find no foundation for it. The person referred to, and his daughter, were then in the Dunedin depot, and he solemnly informed the immigration officer that the statement was without foundation. He is a shoemaker by trade, and had been working at his trade in quarantine. Ho was anxious to proceed to Wellington, according to his contract ticket, but the agent of the Phosbe had refused to take any of the Mongol’s immigrants without a guarantee that the steamer would not be quarantined on the voyage. His son and his son s family, had been passengers to Wellington by the Phoebe on hor previous trip.

A public meeting will be held at Mornimrtou on Monday evening, at half-past 7, to take steps Association matlOU ° f * Mutual Il »Proveineut Mr Symington, a, consulting engineer, who sustained very serious personal injuries by a collision the Great Eastern Railway in rec ° ,erad a Terdi ° l C ?!’ in , Ce , Bisho P of Breslau, who has had the fortitiide to resist the Prussian Ecclesiascal -Law, has had the misfortune of having his o f 12,000 thalers, or Ll.Boo, stopped. . ilia offence is a refusal to fill up a curacy in his diocese which has become vacant, o holding of an election meeting on net February in an upper room of a factory at l* ur y, Lancashire, the flooring gave way, and about 100 persons fell through. Ten were Killed almost immediately, and thirty others were very dangerousJy injured. Mr Phillips, htdiurt era thahdxdate, who waß present, escaped t

CRIMINAL SITTING. Friday, April 24. (Before Hia Honor Mr Justice Chapman and a Special Jury.) FORGERY. James M'lntosh, late of the firm of Grave and M'lnt-ish, merchants, of • 'amaru, was charged with having, on December 17, 1873, forged a memorandum in writing, with intent, to defraud. Prisoner pleaded not guilty, and was defended by Mrßartou. On the jury list being called over-there were seven absentees, three of whom his Honor s >id were excused, one was over age, and the remaining three—John Stephenson, R. A. Loughman, and John Gray—were fined L2 2s each.

Mr Barton said it was a great hardship to bis client that he should not have received notice of so many jur*mon being excused. He should challenge the arraign, for this reducing the list was a serious point. He had desired a special jury so as to obtain a fair trial, as it was a heavy case, and there was great responsibility in trying it. The sheriff ought not to take upon himself to excuse jurymen. Mr Watt; I did not excuse them. His Honor : It was not the Sheriff, but I who excused two of the jurymen.' Mr.Barton: Well, then, your Honor, I request that you will take a note of the point I have raised—that 1 challenge the arraign, on the ground of the reduction of the jury list. I suppose we can take it as a fact that your Honor did excuse the jurymen (though stiii it is really the act of the Sheriff), or else I must put you in the witness-box. His Honor : Yes ; that can be taken as the fact. I will take a note of the point you have raised. Will the trial now proceed? Mr Barton : Yes, your Honor, and I will argue on the point hereafter. Mr Haggitt: I must demur, for the reason that there is no ground for challenge of the arraign. Of the fifteen jurymen present the accused challenged four, and it at first appeared that the case would be adjourned to the next session, but one challenge was eventually withdrawn and a jury empannelled as follows ;—A. H. Burton (foreman), C. Flexman, G. Miller, H. J. Walter, Lakemann, C. P. Black, Abraham Gibbs, David Grant, W. Strachan, T. 0. Matheson, T. W. Kemp-

thome, and J. Hialop. The Crown Prosecutor stated the case, the facta of which have already appeared in our colums, briefly as follows One Joseph Williams, a farmer near Oamaru, leased some sixty acres of land from the firm to which the prisoner belonged, the lease being for seven years, at L9O per annum. A document was drawn up by which Williams ac knowledged that he had leased this land, and although the prisoner was charged with forging the whole of this document, all that would be proved was that while it was in his possession he made certain material alteration in it, to the prejudice of Williams. Now he (the Crown Prosecutor) might say that any alteration in a document after signature amounts, in law, to a forgery of the entire document. When Williams signed it, he noticed that prisoner told him to do so some distance from the end of the writing, thereby leaving a space of about an inch and a-half clear. This was in August 16 of last

year, and the lease was quite de*n then and did not present the blotted and smudged appearance it now bore. Williams required a copy of the lease, and after the expiration of some time got one from prisoner’s firm, but it contained conditions which Williams had never arranged at all. He thereupon consulted with Mr Hislop, solicitor and the district Crown Prosecutor, who called on prisoner with a view to getting a eight of the original paper. This was without avail for a long time, prisoner always saying that his solicitor, Mr O’Moagher had it, and Mr U Meagher stating that prisoner had it. At last Mr Hislop got it, and proceeded to take

a copy, when in the body of it he noticed that the word “ quarrying” appeared to have been inserted, and at the end, just before the signature, the words “the lessor to have full power over the lands.” Now, these words were written in a different slope to the others, and also evidently In French copying ink, whereas the original portion was in common ink. The words in serted at the end had also got “mixed up” with the signature of illiams, some of the letters going over it. Mr Hialop remarked that these words looked suspicious, and that he could bet they had been written after the signature. Prisoner replied that the whole document was written before the signing. Eventually WUliamshimeelf got possession of the document from prisoner, and on taking it to Mr Uisbp, the latter said it had been altered again since he saw it at Grave and M'lntosh’s. To make it appear uniform the whole document had been “painted” over with French copying ink, making it appear as if it had all been done with that ink, but giving it a smudgy look. As to motive, it appeared that a person named Hector Monro had offered 1.50 a-year for the right to quarry on the land leased to Williams, and this the Crown Prosecutor looked upon as the inducement. A large number of witnesses was under examination during the day, and the case had not concluded when we went to press.