THE Grey River ARgus. PUBLISHED DAILY. TUESDAY, SEPTEMBER 17, 1872.

Grey River Argus, Volume XII, Issue 1290, 17 September 1872, Page 2

THE Grey River ARgus. PUBLISHED DAILY. TUESDAY, SEPTEMBER 17, 1872.

At the Resident Magistrate's Court, yes* terday, before R. Reid, and E. Wickes, Esqs, J.P., Patrick Hanney was charged with keeping his licensed house, known as Hanney's Hotel, open until half-past twelve o'clock on Sunday week. Constable Elannagan said he saw a man enter the house at the hour named, and heard music in it. He entered, and found the bar lit up, a man standing in the bar, and some persons in a Btde room who called for drinks. Thomas Ahem said that he went into the house between 11 and 12 o'clock, and remained there 20 minutes ; he had one drink. The lights were partly down. A man present picked up a concertina and sounded it, when Mrs Hanney asked him to lay it down as it was Sunday night. Defendant was fined 20s and costs. — James Johnston was charged with a similar offence on the same night, and at the same time. . Defendant admitted the charge, but explained that he was in tho habit of supplying two boatmen and the night watchman with a cup of coffee at that hour, and as the boatmen came in the constable followed. Some of the boarders were in the bar at the time. Under these circumstances he threw himself upon the mercy of the Court. Fined 20s and costs.— Patrick Hanney. and John Tvtohill were charged with encouraging a dog fight in Taiaui street. It appeared from the evidence that the dogs belonged to Mr Hanney and Mr Sheedy, and during the fight Hanney was keeping back the crowd with a stick in order to form a ring, and Twohill was encouraging the dogs to light. The Bench said that Hanney had previously been cautioned about his dog, which appeared to be a dangerous animal. He was liable to a penalty of L 5, but both defendants would be fined 10s and costs.— P. Hanney vE. A. Drury-The defendant had been arrested for refusing to appear to a frand summons for debt. Before the usual oath was administered defendant objected to be swoin, as the whole of the proceedings in tho case had been illegal. Two fraud summonses had been issued against him, one of which was sent to Hokitika while he was engage* in a case in the Supreme Court at Hokitika and the other here. He contended that the Magistrate had no power to issue two fraud summonses on one judgment, and he quoted several clauses of the Act in support of his argument. As he was leaving town to appear as appellant in a case before the Supreme Court at Hokitika he served the Resident Magistrate here with a notice that he did not intend to appear to the summons, as the name in it was wrongly stated, aud he intended to take further proceedings for the present arrest. The Bench said that the defendant had not taken the proper opportunity to make the objection. All that iwas before them at present was the summons issued here, and to answer that the defendant must be sworn. He was then examined as to his ability to pay the debt, and his offer, made without prejudice, of 108 per week was accepted by the Bench and made an order ; in default of any payment one month's imprisonment. Mr Joseph Small threatens to make his "last appearance" on the Greymouth stage this evening, in the character of "Felix O'Callaghan" "on his last legs." The part is one in which Mr Small has often successfully appeared, and has more often instructed others — Marion Nathan being one of his naturally clever and carefully instructed pupils. Those who have seen and appreciated the acting of his pupils will have an opportunity, this evening, of witnessing the more perfect performance of their pedagogue, and also of contributing to Mr Small's "benefit." Miss Stephenson is also to take in "Rosetta's Wedding" the part of Rosetta — her "favorite character," meaning, we presume, the character in which she is more than usually a favorite ; and Mr Seymour, Mr Lascelles, and Miss Carry Cooper are announced as kindly, eke clever, contributors to the entertainment. Writing of the trade with New Zealand, a San Francisco journal says : — " When steam communication with California was first opened up, there was much talk about the coal supplies of New Zealand being made available for the service. What has become of the subject ? It would be a grand thine; for New Zealand, and as her fields are nearer to California than those of New South Wales, it would be a good thing for us, if her coal beds were actively worked." Professor Haselmayer, whose "properties" in color-printing have been prominent as additions^ to the picturesqueness of shopwindows in Greymouth for the past few days, has been drawing large houses at Hokitika, Ross, Stafford, and Waimea, and is anI nounced to make his first appearance in Greymouth, at tho Volunteer Hall, on Friday evening. Information was received by the Hokitika police, on Saturday . morning, that two horses, the property of Mr Bea, on the South Spit, had been shot at and severely wounded. Sub-Inspector O'Donnell and Detective Browne proceeded over to the Spit, on Sunday morning, and instituted inquiries, but no arrest was made. From what we could learn of the matter, it appears that two boys were firing at a target and fired so wide of their mark as to wound the horses. The Southland Times of the 27th ult. says : — " Several gentlemen having decided upon propecting the neighborhood of Seaward Downs for coal deposits, Mr T. J. Thompson was dispatched to that locality about a week ago in order to conduct the examination. Mr Thompson, has returned to town, bringing very fair samples of coal." In tho case of William Day, who was convicted at the Ahaura on the lGth August last of larceny, -an appeal was lately decided ; before the Supreme Court, at Hokitika :- On Friday, 30th August, 1872, in Chambers, before his Honor Justice Richmond, Mr A. Pitt, for Mr Staite, moved, upon the affidavits of William Sydney Staite and John William Day and copy of conviction of John William Day, for a rule for Caleb Whitefoord, Esq., R.M., to then show cause why firohibition should not issue restraining urther proceedings against the said John William Day upon the said conviction. The matter was adjourned until Monday, 2nd September. On that day, and on further hearing, the rule was refused. The Judge j said :—" Before exercising the jurisdiction conferred by 'part 111 of the Appeals from Justices Act, 1867/ the (jourt must be of opinion that the conviction is such as cannot be supported. The finding of the Resident Magistrate may, or may not be such m I might have arrived At if tho matter were re

Integra. But those who proceed under these sections must create a positive conviction that the conclusion arrived at by the Justice is wrong. I agree with Mr Justice Johnston (see the New Zealand Justice of the Peace, sec 579,) that mistakes in conclusions of fact are to be corrected under these sections, yet the Couit above is not to exercise all the functions of a'jury. If the case is one which a Judge of the Supreme Court would have left to a jury (and I think the present is such a case) the conviction must stand. It is doubtless the duty of a jury to allow the prisoner the benefit of any reasonable doubt upon the evidence. But the estimation of reasonable doubt is the province of the jury, and the exercise of their discretion in the matter cannot be reviewed. Here the Magistrate, having the functions of a jury, hn in effect denied the existence of a reasonable doubt. As the case is one which would have been left to a jury, it*" is impossible to say that he is wrong, and that the conviction cannot be supported." The application was refused. With reference to the new Catholic paper abojit to be staited in Dunedin, mentioned in "bur telegrams the other day, the Otago Daily Tivies says :— " We understand that Mr.Shapter, assisted by some of the Koman Catholics of Dunedin, is taking active steps for the formation of a company having for its object the issue of a weekly paper in the Koman Catholic interest, to be entitled the New Zealand Tablet." Tho Otaejo whaling companies have during the past week been fortunate in securing two fish. On Tuesday, Bradshaw's party, stationed at Waikouaiti, struck one off there, but had some difficulty in capturing it, as the fish took a northerly direction, and, before it was killed, towed the whaleboat out of sight of land to off Oamaru, a distance estimated at thirty miles from where it was fastened to. It was towed back to Waikouaiti, arriving there at midnight on Thursday, the Maori crew having been out two nights- and days to secure their prize, all the time without food, all they had in the boat being a small beaker of water. The whale is estimated to yield nine tuns of oiL Another one was captured by Ellis's and party. The times are not as they once were, and yet, says a Melbourne contemporary, carriages increase in number in Collins street, and the price of land goes up. At a recent sale a Collins street frontage brought L 370 per foot, or at the rate of L 104.000 per acre. The average price of this same city land at the Melbourne land sale of 1837 was L 35 per acre, and the remark made by the Sydney Colonist was "the prices realised were very high." John Pascoe Fawkner was the first purchaser, and gave L 32 for one half acre, and many of the other blocks for LlB. A private telegram from Wellington to Dnnedin has been shown to the editor of the local evening paper speaking of the means adopted by the Opposition to secure a majority on the division. The sender says :— "I have never seen such disgraceful conduct, even in any Provincial Council. Men were kept drunk under Jock and key ; and others were bought like bullocks. Had the Government resorted to the same course they could have got a majority, even within the hour of the division. Great credit is given them for not doing so, and for resisting the Wellington robbers. Onnond made the speech of the session, and completely answered every charge." And as to Mr Stafford's chance of forming a Ministry, the same person remarks :— " It seems impossible that Mr Stafford can form- a CJovernment without Mr Yogel and M'Lean join hint, as they are the most popular men in the House." Here is a specimen from a Louisana paper of fisticuffs at close quarters : — "ln a twocolumn editorial, the sneaking cur who edits that lying, incendiary, blackguard, piratical, loathsome sheet, known (to a few) as the Attakapas Register, howls over the imaginary crimes of the good people of Franklin in a manner like unto the gibbering of an idiot, the incoherent ravings of a madman, or the demonial bellowing of an imp of Satan, the phosphorescent gleam of whose bloated carcass furnishes him with the only light that ( his rheumy eyes are likely to have this side of the lurid flames of his predestined residence in perdition." A Wellington correspondent, in writing to the Boss Ntws regarding the Mikonui waterrace, says : — "The law officer of theCrorn has been instructed to legalise the reserve for the Mikonui race, and to draft the terms on which it was to be let j but this unwarrautable change of government— I am not sure that it will — delay the business. In any case, Mr JBrogden means— if fairly dealt with, to make the Mikonui race, and proI poses to form a large company, to include with it a Totara branch, and the Kanieri and Waimea races, with a capital of L 150,000. It has been reported that the Kanieri race will repay its cost in four years, and the Waimea in a like term; but Mr O'Conner expressed an opinion to the 'effect that it would take twelve years for the Mikouni to recoup itself. Mr Tribe, to whom these figures were referred, satisfied Mr Brogden, however, that Mr O'Connor had erred in his estimate, and it was lucky that he was in Wellington and able to put the matter in a proper light. I feel sure, however, that the people of Ross will have the satisfaction of seeing the race brought in." '