The Gisborne Times. PUBLISHED EVERY MORNING. WEDNESDAY, DECEMBER 30, 1908 A POINT OF LAW.

Gisborne Times, Volume XXVI, Issue 2386, 30 December 1908, Page 4

The Gisborne Times. PUBLISHED EVERY MORNING. WEDNESDAY, DECEMBER 30, 1908 A POINT OF LAW.

A gruesome case has just reached its final stages after having agitated •the minds of legal luminaries in Australia for twelve months or more. It concerns the remains of a still-born two-headed baby which a travelling showman had been exhibiting in different parts of Australia and New Zealand. A man named Doodewand 1 came into possession of the specimen, presumably by purchase, and was exhibiting it in Sydney, when the police interfered and seized it. He sued for £4OO damages for detenue, and the District Court .and the State Full Court successively decided against his claim. The High Court reversed the decision "of the Full Court, and the case was carried to the Privy Council, which endorsed the action of the High Court. The legal problem has been almost as remarkable as the pathological monstrosity which gave rise to it. . When 'the Full Court of New South "Wales heard argument on the matter, authorities . were quoted to show that in ordinary circumstances no person can claim the right of property in a corpse. When anyone dies, whether naturally or amid suspicion of some violent cause of death, the “cold clay” seems to belong to nobody except Mother Earth or (if cremation he preferred) the fiercer element of fire-. On certain living persons, such as the coroner or the relatives of the deceased, duties are imposed and possibly rights are conferred with respect to the corpse, hut none of them own it as they might claim to own any piece of personalty. To the Judges of the Full Court and to Mr. Justice Higgins in the High Court, the two-headed baby (though still-born) seemed just such a “corpse awaiting burial.” These learned Judges adopted the opinion that the showman could establish no claim to property in it. A majority in the High Court, however, thought otherwise, and the Privy Council has refused leave to appeal against their finding. A “case of first instance” is a raro thing in the twentieth century, hut according to the judgment pronounced by Sir Samuel Griffith last July this is one. His Honor regarded the “property” as something different from a plain, unburied corpse; apparently it was in his mind rather a “specimen” than anything else. He is thus reported : “The question to be determined was whether the continued possession of a human corpse was ‘in re ipsa’ unlawful. . . It was idle to contend in these days that the possession of a mummy, or of a prepared skeleton, or of a skull or other parts of a human body, was necessarily unlawful; if it were, the collections of anatomical and other specimens by scientific bodies were formed and maintained in violation of law.” It is satisfying for the sake of science to know that a museum cannot be compelled to deliver up its mummies for re-burial. Had the Privy Council’s decision been the reverse of what it is, this would seem to have been a possible legal result;" for were it unlawful to keep a New Zealand corpse 40 years old, why treat differently an Egyptian corpse dating back 40 centuries? A single legal decision does not settle everything. It still remains the law that after a death no person has a right to claim the corpso as one of his own assets ; but there may be circumstances in which the purchaser of portions or of a whole corpso may retain it and treat it as an ordinary personal belonging. To display it. to gaping sightseers is a different thing. That should be forbidden as something repugnant to public decency, and it is "a pity that the law does not .appear to provide against such disgusting exhibitions.

Messrs Bennett .and Sherratt have sold Mr H. W. Lysnar’s Ahimanu property to Messrs Monckton Bros., of Te Karaka.

There will he no late train on Sa'utrday night, hut on Thursday a train will leave Gisborne for Waikohu at 10 p.m., returning at midnight. The authorities o£ the Old Men’s Home received a Christmas gift of muscatels, almonds and figs from Messrs Bennett and iSherratt for the i nmates.

The annual race meeting of the Te Karaka Racing Club will be held on Friday on the Club's registered course, the Te Karaka racccouise. The To Karaka Racing Club notifies that train tickets will not admit to the course at their races on New Year’s Day. Tickets for admissiou must be purchased at tlio gates. The following passengers arrived from the Coast yesterday by Messrs J. R. Redstone and Sons’ coaches: — From Tologa Bay: Mr and Mrs. Robertson; Misses Griffen and Wellbourne ; Messrs Grant, Hicks, and Hyde. From Tatapouri: Miss Tait.

The members of the Star of Gisborne Lodge 1.0.0. F., will hold a picnic at Ivaitaratahi on Saturday •next. A train is to leave Gisborne at 10 a.m. and return at 5.30 p.m. The return fare, including admission to the ground, has been fixed .at 2s for adults and Is for children. The Austral Uniscope Company gave their final entertainment in His Majesty’s Theatre last evening. There was only a moderate audience, but the programme submitted was greatly enjoyed. The management will hand £2 2s to the Old Men’s Home out of the proceeds. Mr. John Coleman, Deputy-Assig-nee in bankruptcy, .announces that tenders will be received at his office to noon to-day, for the purchase of book debts, £3l 12s in the estate of Chambers and Keain, builders, and also for the claim, if any, of the bankrupts in respect of a contract for erecting buildings at AV-ai-nvata.

It is to be regretted that counter ■attractions have compelled the officers of the Gisborne Rifles and Defence Cadets to abandon the idea of holding a field day on New Year’s Day. So many members of the corps have made other .arrangements that it would be impossible to secure a satisfactory muster. It is in contemplation to hold, a shooting match on Saturday instead. Major Holdaway, of the Salvation Army, arrived, at Gisborne yesterday. During his visit he will conduct several special meetings at the Salvation Army Citadel. The first will he the AVatch Night service, starting at 11 p.m. on Thursday till New Year’s Day. There will be a public picnic at Bushmere in Mr E. Cameron’s jiaddock. Special meetings will be conducted _ all. day next Sunday by the Major. On Tuesday evening, January tlie sth., the anniversary tea will be held. Mr J. Townley will preside. Major Holdaway was the pioneer of the Salvation" Army in Gisborne. He held the first Salvationist meeting here twentytwo years ago. Since he left Gisborne" he has heen engaged in connection with the yoqug people’s work in Australia and New Zaland. He is at present provincial secretary for the North Island in connection with this branch of tho work. In order to conduct the New Year meetings at Gisborne Major Holdaway rode on horseback 'from Opotiki to Te Karaka, accompanied by Lieut. Hansford, of the Opotiki corps. The Major is the guest of Mr M. Morgan, and will remain in Gisborne till AVednesduy next.

The quarterly meeting of St. Patrick’s Branch, Tso. 3/3, ELA.C.8.0., was held in the Presbytery last evening. There was a large attendance, and the Rev. Father Lane, President, was in the chair. Nominations of officers for tlio ensuing six months were received. The election will take place at the next, branch meeting on January 12, "when, probably, the District Secretary, Bro. AV. Kane, will be in Gisborne, and will instal the newlyelected officers. Bro. M. Segedin, the branch secretary, was re-elected unopposed. The Rev. Father Lane paid a high compliment to Bro. Segedin for the excellent work lie had done for the society during his term of office. Other members endorsed the remarks of tlie President, which were received with great applause. The President also congratulated the branch on its very satisfactory financial position, and expressed the hope that, it would continue, and that the branch would long be one of which its members and 1 the Catholic community generally might be proud. It was reported' that there had been no members on the sick list during the last quarter. Accounts were passed for payment., and the meeting terminated .

At an extraordinary general meeting of Ferguson’s Mining and Smelter Company held in Auckland recently, the proceedings were distinctly lively. The meeting had heen convened in response to a requisition got up hv Mr T. G. Deßenzy, a large shareholder in the company., who had issued a circular to shareholders violently attacking tho management, and alleging that the company was virtually insolvent. Pursuant to notice he moved resolutions that the company’s affairs bo wound up, but his remarks were,'received with 'derision by the. hulk of those present. The chairman, Mr. George Knight, alleged that the company’s prospects were excellent. Mr. C. E. Major, ex-M.P. for Hnwera, before a vote was taken, stated that the contents of Mr. Deßenzy’s circular had caused a certain degree of consternation among shareholders in the South. The indictment therein was a strong one, and, naturally, people living away from the district, on reading it, -would conclude that something was wrong with the company. That was why lie had come up to Auckland. He was, however,, going away perfectly satisfied. (Applause.) ' Possibly ’the directors had made some mistakes, but there was not the slightest suspicion of dishonesty. (Loud applause and “Hear, hear!”)

When an acknowledged humorist liko Mark Twain in his reminiscences remarks that on reading a well-known book of medicine he imagined he was suffering from every disease mentioned except, housemaid’s 'knee, no excuse will be necessary for housemaid’s gloves for thirteen pence each this week at Parnells’ Popular Saturday Sales, New Year’s Ere, instead of Saturday.

The Finance Borough Council* met passed the fortnightly accounts for payment. y At New 'Plymouth yesterday a milkman was fined £lO and costs for supplying milk containing less tnan the regular proportion of solids. The local 'branches of the Banks experienced a heavy day yesterday when the business people were busy banking their takings on Christmas Eve and on Monday.

The rain now being experienced is against harvesting work in Hawke s Bay (says the “Herald”) but the shearing is pretty well over except m parts of the back country. A water famine of a few hours was experienced in Gisborne yesterday, as the town supply was cut oft from » a.m. till a late hour in the afternoon, as some repairs had to be made o the pipe line. A pipe near the Iteay station, To Arai, which had been leaky, was replaced by a sound one. A matter of interest to Southern visitors is the number of wild horses in the Auckland province. Thousands of these animals roam about the wilds, living practically on bracken. They are practically worthless, and are shot by the score, principally for their manes -and tails. On tne Galatea Station, near Lake laupo, 1028 were shot in one week.

Many beneficial results are being obtained from the formation of the Prison tree-planting camp at YV-uota-pu, near llotorua. The bare hills in the district are gradually being planted with young trees, and in a tew years should show tr great improvement, both from a sight-seeing point of view and from one of general utility. Early yesterday morning a horse attached to a milk cart got entangled in a barbed wire fence while the driver was delivering milk to customers on Whataupoko. When the horse found he could not free himself he began to play up. The result was that the large cans of milk in the cart were upset and their contents spilled, while the horse was bleeding from cuts in the head when released:

After the showers on Monday, yesterday was close and oppressive. -a. .li <r ht wind was blowing ail day lifting the dust and carrying it into every nook and corner. The shopkeepers were kept 'busy dusting their i-tock and fittings and were greatly inconvenienced. Owing vo the Lorough water supply being cut oft it was impossible to put the water carts into use. . •V remarkably fine specimen ot rainbow trout has been forwarded to Auckland from Taupo. ihe hsh was caught in the upper reaches of the Waikato River by Mr. J. MacKae, taking a half-hour to land. It 191 b lOoz and measures 2tt nu in length, with a girth of Ift 9m. eral other fine specimens or tiout have been caught near the exit ox the lake recently. . Pickpockets made their presence felt on the Wellington Wliari one Wednesday evening recently, getting some effective work .amongst the crowd which had assembled to see the' steamer off to Lyttelton. One man is reported to have had a purse containing a sum of money aud two or three clank cheques taken out of his pocket. Two other cases were also reported, to have occurred. Complaints are often made by Aucklanders of the noise of the city electric cars. It appears, however, that they have small grounds for complaint, compared to the citizens of Wellington, to judge from the criticism of visitors to the southern city, it is said that conversation m the cars themselves, or m the street nea bv, is almost impossible when the cars are in motion, aud that A\ ellington has the proud distinction of possessing the noisiest service m the Dominion. To move a firmly built seven loomed, weather board house, verandah, furnishing, and fittings complete a flistanco of 40 feet without- inconvenience to the occupants is no small undertaking; yet such was done yesterday by Messrs. John Somervell and Sons, contractors, when they moved Mr. W. A. O’Meara s residence in Custom House Street 40ft without damage, aud without even disconnecting the telephone or interfering with the domestic duties. The method employed was by jacking the house up on rollers aud levering it forward. The number of drunks brought before the Police Court during the Christmas holidays averaged four a day. Mr. W. A. Barton, iS.M., attended .at the Police Station yesterday -morning and dealt with another batch. Two first offenders were fined os with costs 2s, one second offender was fined 10s with costs 2s, and another, who did' not appear, was ordered to forfeit the amount of -his bail, £l. . James Montague France, a, young man, pleaded guilty to a charge of procuring liquor during the currency of a prohibition order and was fined £o, in -default 30 days imprisonment. For some months 'past the people on a farm in South Canterbury have been considerably troubled by mysterious noises coming from a swamp near tlieir house. The aioises were heard only in the night time, and it seemed as if some creature were in (dreadful agony, the sounds -at first being dike groaning, then increasing in intensity till they were terrifying to hear. Some of the neighbors were taken to hear the noises, but none dared to investigate. All sorts of conjectures were made as to what creature was there, tho most favored supposition being that during the big Hood in July last, when the place was under water, some monster must have come from the sea. At last one of the family asked a naturalist if lie would try to solve the mystery. He asked a few questions and then stated that it was a bittern that was causing all the trouble, for bitterns, he said, make a booming noise-that is like the-distant roaring of a bull. The old saying “The best is always cheapest” is true in regard to most things, but particularly- regarding cream separators. Inferior machines get out ot repair, are difficult to keep clean and skim imperfectly, causing loss of time, temper and money. Mr E- Benefield, of Kent Road, Taranaki, states: “I have used other machines ,but find the Baltic the best I ever used; in fact, I cannot speak too highly of it.” Dairymen contemplating the purchase of a separator cannot do better than invest in a Baltic. Full particulars and information sent post free on application to J. B. Mac Ewan and Co. Ltd., Sole Agents, Fort Street, Auckland.

There was one birth in Hokitika last month. Grey mouth, with only • had nine. Of the principal boroughs, Blenheim made the best showing, with eighteen births to a population of 3500. Lyttelton, a larger borough, had ouly three births.

The ladybird is very busy this season eating tho aphis upon roses and other plants. In Canterbury, the other day, upon one aphis-infested tomato plant as many as forty of. the busy little red ladybirds were ndtwecUj hard at work.

~ Tne Invercargill Homing Society liberated thirty-eight pigeons at Wellington at 4 o'clock one morning recently. There was a heavy mist at sea but every bird managed to geo nome by the evening. Tne winning bird reached its percu at Invercargill at b. 40 p.m., haying covered five hundred nines air line in 14:i hours, an average of one thousand yards per minute.

Tile trail of a recent thunderstorm is marked on the xiiccarton racecourse by a pine tree snattered ngn in mg (says tho Jby tteitdnjfiuiesj. H xno tree, originally oUrt m neigiic, nas been spin rully loft down, anu large pieces of it are scattered over a rauius ot twenty yards. The electricity also branded a neighboring tree, caning oil a ribbon ot bulk about two inches in width in its course to the earth, and splitting the trunk of the tree.

A very favorable opinion of New Zealand has been formed by Dr. Coulter, Deputy Fostraaster-Oeneral of Canada, wno left Auckland for Sydney last week, after concluding a trip4p ihrougn the Dominion. In speaking to a •New Zealand Herald” representative., he stated that he considered che possibilities in this country, both industrially and in an agricultural sense, very great indeed. That New Zealand has such a small-population. —rather less than a million—has rather surprised him. "You have a country here,” he said, “that should, be capable ot carrying a population of 30 millions.” The good work amongst the that- has resulted from the iormaf£|gg& of the Te Aute Students’ Association™*' which was responsible for the existence of what is known as the Young -Maori party, says the “New Zealand Herald,” is about to receive a vigorous impetus by the establishment of a similar association in the Auckland district. The inauguration of the “Northern -Maori Secondary Schools Association” is the object ai a conference that will be held in Auckland soon. The objects ot the proposed association are the amelioration of the conditions of the -Maori race,, physically, socially, and intellectually, anjjjL the scientific study of the race. JfpM Auckland district contains sixty-eijSfr'' of the 100 native schools in the dominion, and as three important secondary schools are located here, it is considered that there is a strong case for the establishment of the proposed association. The conference will be held on the last three days of the present month.