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Evening Star, Issue 3501, 13 May 1874, Page 2

The case of Burns v. The Otago and Southland Investment Company was concluded last night, the jury answering the issues in favor of the plaintiff, as to the facts of the case. The law points have yet to W argued. The final performance of the season by the company lately performing at the Queen’s Theatre was given last evening, when ** Jenny Foster ” was repeated. The company are about to play a short season at Invercargill. Mr Willi ,im Prosser, of Hampden, died very suddenly yesterday morning. He went out to work a little before 8 a m,, and returning in a ; few minutes, suddenly dropped dead. Rupture of a blood-vessel is said to be the cause. The ‘North Otago Times’ complains that owing to the stupidity of some post office official, the Oamaru portion of the San Francisco mail ex Cyphrenes was mis-sent to Lyttelton instead of Dunedin, causing a delay of two days, The entertainment by the Press Dramatic Club, in aid of Mr H. Eastwood, takes place at the Princess’s on Wednesday next. The pieces selected are “Still Waters Run Deep,” and a pleasing farce, never before played here; entitled *' Who Stole that Pocket-book.” Both pieces are being vigorously rehearsed, and there can be but little doubt that the entertainment will prove a great success. Another case of incendiarism is reported in the Oamaru district. Some stacks of wheat were destroyed by fire on a farm near the mouth of the Otepopo on Friday night last. The stacks were not insured. There are no buildings near, nor bad there been any thrashing machine in the neighborhood, nor any fire that could have reached the stacks. There seems to be no doubt that it was a case of incendiarism. . accordance with Mr Bathgate’s instructions, the police made inquiries.into the allegation made in the' Resident Magistrate’s Court yesterday that a lad had been refused to the hospital, and it turns out that he could not be received because there was not a vacant bed in the institution. If the capabilities of the Hobpital are often tested in the sanje manner, it behoves the Government to at once extend the accommodation. There was a moderate attendance at the Princess’s last evening, when a programme of the usual character was submitted. Young America, while doing the leaping trick, fell from his horse and sprained his ankle, which precluded his appearance again that evening. The tricks by the Japanese were heartily applauded. A iudjerous farce, carried on in deaf and dumb symbols, which appeared to cause no little amusement, wound up the entertainment. A caucus of members, held in the Provincial Council Library at noon to-day, was largely attended, and it was agreed to form an opposition to, and test the strength of the Government. Accordingly, this afternoon Mr Bastmgs gave notice that he would to-morrow move, “That the composition of the present Executive, and the land policy enunciated by it, do not command the confidence of the Council,” Rumor says that heads have been counted with a result that shows a majority of three against the Government. On Saturday afternoon a boat race will take place between a crew representing the ‘ Otago Guardian’ Office, and one from Messrs Fergusspn and Mitchell, stationer’s. The course is from the town jetty, round a buoy off Quarry Point, and back—distance, 2\ miles. The race Will start at 3 p.m, Ths following are the names of the crews ‘ Otago Guardian’: W. H. Mansford, bow: T, Wood, No. 2- J. Caradus, No. 3; H, Pearson, stroke: J. Fraser, cox. Fergusson and Mitchell: J. R. Chapman bow; T. Hare, No. 2 ; A. Nicholson,Np. 3 ; W, Hogg, stroke ; J. M'Lennan, cox, 'Wh understand that Mr Caldwell, governor pf the gaol, received a telegram to-day from his Excellency the Governor ordering him to discharge prisoner Thomas W. Q. Honeywell, late surgeon at Eoxhurg. He was convicted at the late sessions of the Supreme Court of manslaughter, viz., the death of Agnes Sjpitlr, ofßoxburgh, during her confinement, andsent.enced ts six months imprisonment without hard labor. Immediately after the sentence his Solicitor, Mr Mouat, petitioned his Excellency the 'Governor. forwarding the opinions of Drs Hulme, Hocken, and Bakewell therewith, which we learn contravened the evidence given for the prosecution. The petition was forwarded through his Honor Mr Justice Chapman, in accordauce with the gaol regulations, requiring prisoner s petitions to be forwarded through the Judge or convicting Magistrate. After the jury in Bums v. the Otago and Southland Investment Company had returned into Court with their verdict, Mr Barton wanted the Judge to direct them to find in accordance with the declarations that had been admitted, which his Honor declined to do whereupon Mr Barton referred to .the remark made by Mr Smith in Macassev v. Bell that his Honor extended to hipi (Mr Barton) favor j.l ® ave to no °tber counsel, adding, “if it is the case that the Court shows great favoritisxn to me, that is a very odd way of so. His Honor replied that at the time he felt the remark made by Mr Smith very severely, but made no reference to it, as he thought any comment he would make might affect Mr Smith’s case before the jury. Mr Smith then stated to his Honor that nothing was further from his mind than an intention to. insult the Court—that he was simply doing his duty to his client. The matter then dropped. •iu pending person charged at Castlemaine With bigamy, Mr Molesworth recently raised a point which has been reserved, and which, if sustained by the Full Court, will invalidate a majonty of the marriages contracted in Victoria since 1864. Under one section of the Marriage Act every clergyman is bound to administer an oath to the parties as to the non-existence of impediments } in case they object to taking an oath a form of affirmation is provided. Generally speaking, clergymen have taken the affirmation without calling upon the contracting parties to take the oath. Mr Molesworth contends that the marriage is informal and invalid where the clergyman has taken this course, the alternative of oath or affirmation being, he argues, with the parties and not with the celebrant. If the point be a good one, the oonfusion that would ensue would be very serious. 1 housands of children would he rendered illegitimate, and the Divorce Court would be saved a lot of work by peppie who had changed their mmds. ' The Chief Surveyor reports on the block of land on M Nab’s run, recently opened under “/wi payment system :—“A block of ;i, 0(10 acres. containing a greater proportion of good land than the one recently opened on Run A°, 111, could have be n selected eight or Norther up the Waikaka valley, but rhe difference in quality is not so very great as entirely to outweigh the position value of the . nock selected, as being the land on Run No. ; j • \ . n ® ares ** the railway, bush, and settled districts on the Mataura. Moreover, the selection being at the corner of the run did (she

least possible injury to_ the leaseholder. The run is a table land of drift material, cut through by the Mataura and Waikaka valleys. In tbe block selected, the valleys are at their deepest below the table land, and the natural surface drainage has sifted the drift, carrying the finer soil downwards, and leaving the quartz, pebbles, and sand as a wash behind. By this natural operation the base of the slopes and terraces has been enriched at the expense of the higher ground. The pre-emptive of 705 acres lies along the base, and consequently is part of the best soil. It was selected two years ago. Under all the circumstances of the case, I do not consider the selection of the deferred block unwise or to be regretted.” The folio-wing story is told in a recent number of the ‘ Rockhampton Bulletin: ’ —“ A few days ago a coasting vessel arrived here, and anchored in the Fitzroy River, about a mile below Blind Creek. Shortly afterwards a human figure, clad in the garments worn by Adam before the fall, clambered up the side, and a profound bow presented himself to the master of the vessel. Not to be outdone in politeness, the mariner graciously bowed in return, and courteously inquired the name of bis unexpected visitor. *My name is , sir,’ said Leander; ‘ I represent the newspaper, and shall be obliged for the ship’s report and files.’ The captain, concealing his amazement, blandly replied that he had nothing worth publishing, and that his last port was a Pl? ce where newspapers were unknown. At this the mysterious visitor again saluted, and disappearing over the ship’s side, manfully attempted to breast the stream, then running as the ebb tide in the Fitzroy only can run. As may be supposed, the sNvimmer soon found himself making rapid leeway, and to avoid an involuntary trip to sea, struck out gallantly for the river bank, which he soon reached. Here, however, he was g,t least a mile from his clothes, and there was nothing for it but to walk along the bank without them, in /ull view of the promenaders who enjoy our riverine scenery on cool summer afternoons. The captain, through his opera-glass, anxiously watched his visitor through his perils by water and perils of police, and felt quite grateful when he saw him safely reach his dressing-ground. Considering the young gentleman a model reporter, the skipper, on reaching town, made inquiries as to his welfare and antecedents, when it turned out that the adventurous pressman was a recent arrival from the old country, and was doing his i ifirst week as a shipping reporter.” The monthly meeting of the Loyal Orange Lodge, Star of Otago, will be held in the Oddfellows Hall, to-morrow evening, at 7.30. A meeting of the Journeyman Painters’ Society will be held to-morrow evening, at 8 o clock, in Milton Hall. The regular monthly meeting of the Otago Kilwinning Lodge will be held in the Masonic Hall to-morrow evening, at 8 o’clock.