The Evening Star SATURDAY, APRIL 8, 1876.

Evening Star, Issue 4093, 8 April 1876, Page 2

The Evening Star SATURDAY, APRIL 8, 1876.

Mr Bathgate very properly refused to grant an appeal from his judgment, yesterday, _in the case of Parsloe v. Worsp, Leaving out of consideration the question of who were the true defendants, on the face of the matter there was evidently an attempt to set aside a distinct contract. The engagement of the plaintiff was on specific terms for a specific period, and the attempt to force him to accept lower wages cannot be regarded in any other light than a high-handed effort to set aside an agreement entered into, because, it was not convenient to abide by it. All cases of that class are to be condemned, but especially where seamen are concerned. Ship owners are very properly protected by stringent laws against the very frequent endeavors by seamen to evade their engagements ; hut all the law’s protection should not he on their side. Opportunities for injustice to seamen are equally available, and hut for the law would as frequently be practised. But it is not so much the merits of the case that rendered it remarkable, as the absurd grounds for the request to he allowed to appeal, which was very properly not acceded to. The request was not made on the pretext that the judgment was unjust, or not according to law, although no doubt Mr Stout would have it implied that such was his idea ; hut that other claims, amounting in all to LB4, jvere involved ip the decision. A more absurd reason could not be urged. What has a magistrate to do with the sums that may depend npon his judgment ? His duty is to decide a case upon its merits, and not to allow the just claim of any one to he interfered with, because of larger claims being made in consequence. It is a mere question of right and wrong that he has to decide, and fortunately our Magistrates’ Courts are to a certain extent Courts of Equity as well as Courts of Law. Whatever legal quibbles might have been urged in a higher Court we do not know, nor is it of any importance. We regard Mr Bathgate’s judgment as equitable and, we have no doubt, legal, and think he was quite justified in refusing permission to appeal for the mere purpose of allowing the true defendants to save LIOO at the expense of men who have been badly treated. >

The once much fancied Elizabeth mine at Garrick Range was knocked down at auction the other day for Ll4 10s.

The latest report concerning the salmon ova is to the effect that fish can be plainly seen in some of Mr Buckland’s ova, and that they ought to hatch out in about a fortnight.

In the Police Court this morning, Mr Caleb Moore, the defendant in the Dunedin Cup Sweep, was fined LlO and costs. Mr Pyke said that he should like the question to be tested in the Supreme Court,

Seeing that Mr Gordon’s report on 'the proposed harbor improvement is leaking out piecemeal, we think the Harbor Board should at once make it public. We observe that a Southland paper asserts that it is in a position to state that Mr Gordons opinion is that the works will cost a millionThnd take twenty years to execute.

The ‘Cromwell Argus’ pronounces in favor of the county system, as set forth in the Premier’s recent speech. Our contemporary says the views expressed therein must commend themselves to general appro bation, and predicts that, when they are put in practical operation, a most beneficial change will be wrought in the aspect of the Colony.

Mr G. Coombe, nothing daunted by his ill-success at the Dunedin and Tokomairiro meetings, to-day forwarded his horse Right Bower to Christchurch by the steamer Wellington. The Bower is engaged in the Great Autumn Handicap, and is well in at 7st 11b. His trainer, Hamson, accompanies him. Mr Yeend does not intend to send King Philip north, but will run him at the remainder oi the Provincial meetings.

Two important notices by Cr. Isaac appear on the order paper for Tuesday. Contingent on being successful in getting the City Council to affirm'the desirability of widening Princes street at once from Jetty street to Police street, he will move that in order to carry out the work the Corporation tenants be offered the sum of L 3,000 in coraEation for immediate possession of the required.

Information was brought into Cromwell on Thursday afternoon that a miner named Thomas Tousen or Thomson—better known as “ Tommy the Dane,” had been killed whilst at work in his claim at Kawarau Gorge. The evidence taken at the inquest shows that deceased had been struck in the temple by a stone weighing stfvenor eight cwt. The ‘Argus’ mentions that the deceased had been a resident in the district for several years. We are glad to leam that Mr H. J. Walter and other gentlemen, recognising the public spirit displayed by Mr John Sibbald in the erection of so commodious a building as the new Princess’s Theatre, are making arrangements for an entertainment to be given on the opening night for the benefit of the proprietor. We have no doubt that this public recognition of the value of Mr Sibbald’s efforts will be cordially entered into and seconded by the inhabitants of the City.

A return of business brought before the City Police Court for the quarter ending March 31 last shows that 1,123 cases came before the Court, of which number 172 were discharged for want of prosecution or evidence, 126 were dismissed on merits, 817 persons were summarily convicted or held to bail, and 8 were committed for trial. The fines amounted to L 383 Is 6d, and the fees to L 129 Bs. The Court was opened on Bth March, 1875, and during the twelve months there have been 3,918 cases heard ; the fees amounted to L 375 14s, and the fines to Ll 33 2s 9d.

, As Mr F. Frescheville Bakewell, a son of ,Dr. Bakewell, of this City, Was out duck-shooting in the Mackenzie Country, Canterbury, in the company of Mr C. J. Fox, of Foxdown, the left-hand barrel of the gun he was using burst; six inches of the end of the barrel was b'own clear off, the stock completely shattered, and the right barrel injured. A piece of metal the size of a florin lodged in Mr Bakewell’s shirt, Mr Fox was at some distance and escaped entirely. hip Bakewell had previously fired several shots from the same

In the course of a dismission at the Auckland Harbor Board, MrHpldslip gave an account of some tests instituted by himself between the respective durability ,of • the New Zealand totaraahd the jarrah,which had proved the superiority of heart of the totara when cut in the proper over any imported timber for fharine purposes.

On Monday, in all probability, the Government will take over Messrs Goodfellows’ two sections of the Tuqpeka Railway, extending from the Round Hill to Lawrence, a distance of twelve miles. The ‘Times’ says that the Round Hill Tunnel is the only thing that now stands in the way of having the line opened from end to endin the course of two months. Messrs Smyth and Co. expect to have the plates laid on the Tokomairiro and Glenore sections by the end of May, by which time the line will be ready for traffic, and if the Minister of Works is as good as his word we shall have it opened to Manuka Creek.

The ‘Southern Cross’ understands that the Senate of the New Zealand University have offered to Mr H. H. Lusk, of Auckland, in conjunction with Dr Foster, of Christchurch, the office of examiner in jurisprudence of undergraduates seeking to pass that branch of learning. The Senate have also offered to Mr F. Macrae, of Auckland College and Graminar School, in conjunction with Professor Sale, of Otago University, the post of examiner of undergraduates in mathematics for the B.A. degree, and also for the University scholarships. Both gentlemen have written, accepting the offer made to them.

The Cromwell Jockey Club have carried a resolution which virtually removes the disqualification they imposed on Mr Parson and his mare Mystery;, Mr Parson has expressed his regret at having entered the mare as a three-year-old. He had been misled by a telegram stating she was a three-year-old when bought by Atkins, as he (Parsons) thought she was entered the year before for the Dunedin races as a two-year-old. He was not aware that the mare was four years old till he saw it in the stud-book after the Cromwell meeting. The committee of the club, after hearing the explanation, came to the conclusion that Mr Parsons had acted under a misapprehension, and being unable to do so by their rules, they recommended their successors to remove the disqualification.

The committee of the Railway Employes Benefit Society are to be congratulated on thesuccess,* which was most pronounced, of their first anniversary celebration, which took the form of a concert and ball last night. The chair was occupied by the Secretary of Works (Mr Reid) as head of the railway department, and in commencing the proceeding she made <a short speech, in which he referred to the advantage of benefit societies. The concert programme was a good one and included the names of Mrs Bartlett, Miss Hesford, Messrs Jones, Morrison, Denoyan, Dixon, and Hannigan, whose efforts received plenty of applause. After tlm concert the room was cleared for dancing, which was kept up till an early hour tins morning.

At the usual fortnightly meeting of the St. Paul’s Young Men’s Association, held last evening in the parochial school, the Bishop of the Diocese (Dr Nevill) delivered a'Short historical sketch, dating from immediately afterthe Deluge to the establishment of the Christian Church. The descendants of Japhet were traced in their journeys through the Continent of Europe until their appearance in Great Britain. His Lordship pointed out the marked similarity of some of the names of individuals and places to those which were mentioned in the Bible, and also that this was strong evidence which established the truth of the Bible narrative. The address was brought to a conclusion by calling upon those present to unearth from the rich mines of historical lore those facts and circumstances which would otherwise lie hid from their view, so that they would be enabled to combat with the teachings of those who would have them cast away as useless and cumbersome that faith in which they had been taught to repose their confidence.

The annual meeting of the Dunedin Football Club will be held at the, Shamrock Hotel on Monday evening, at 8 o’clock. A summoned meeting of the Court St. Andrew will held at the diuburgh Castle ( io* el on Monday evening, at 8 o’clock. The Pioneer Lodge, 1.0.0. F., will hold its next meeting (which is now heldfortnightly) at the Oriental Hotel on Tuesday evening. Members and intending members of the Mosgiel Choral Union are requested to meet in the schoolroom on Tuesday evening next, at 7 30 p.m.

Shareholders of the ‘Guardian’ Printing Company are reminded, of the extraordinary meeting on Monday next, at 3.30 p.m., in the Lower Athenaeum Hall.

We have been requested to state that the lad Vincent, who was fined yesterday in the Police Court for t mber on the Pelt, did not, on leaving the Court, make use of the words attributed to him. The Grand Fancy Fair, in aid of the Christian Brothers’ School Fund, is fixed to take place during Easter week, commencing on Easter Monday. Promenade concerts will also be given each evening. At the Wesleyan Church, Port Chalmers, on Monday evening the farewell soiree to Rev. F. Isitt and introduction of Rev. W. Keale Will take place. Addresses will "be delivered by Rev. Mr Fitchett and others.

The opening services of the enlarged addition to North Dunedin Presbyterian Church will be conducted to-morrow by the Rev. Professor Salmond in the morning, and Pev. Mr Mackie in the evening. Collection at the door at both services in aid of the building fund.

The programme for the concert on Monday night, in aidof the fun<is of the Jewish I hilanthropic Society appears in our advertising columns. It speaks for i»self, but if recommendation ia needed, we will point to t e fact that Mr Simonson will perform on the violin; ■_ adame be heard in two solos; Mr Thompson, give a violoncello solo; Mr Foster exhibit his Sowers as a pianist; the whole of the “ tabat later” be performed; the chorus give two concerted pieces whichhave invariably been well rendered by them • and the crchest a are to re peat the overture to “ W lliam TelL” We are pleased to leam that the charity s funds are likely to be considerably augmented, as the tickets have gone off extremely well.