Hawke's Bay Times Nullius addictus jurare in verba magistri. TUESDAY, 2l, 1871.

Hawke's Bay Times, Volume 17, Issue 949, 21 February 1871, Page 2

Hawke's Bay Times Nullius addictus jurare in verba magistri. TUESDAY, 21, 1871.

The Colonial Prize Firing will, it is annpunced, take place at Auckland pn the 6th of March,

Resignation.—J. Anderson, Esq., of Napier, has resigned his commission as Captain in the New Zealand Militia.

The Rifle Match between twelve numbers of the Napier Rifle Club and an equal number of the Wanganui Stifle Association will take place tomorrow morning. It in to be hoped weather will prove favorable.

Evident Magistrate's Court.— This pnorning two cases of abusive language came before the Court. Graham v. Langha% —A charge of using insulting and abusive language calculated to provoke a breach of the peace. Defendant was bound over in two sureties of .£lO, and himself in ,=£2o, to keep the peace towards Mr aud Mrs Graham. Langhan v. Graham. —This was a neighbor's quarrel, arising apparently from their "bating" each other's children. Mrs Langhan deposed that she went to visit her friend Mrs Monaghan, and that the defendant, who lived close by, commenced abusing her. She repeated a great deal of vile language which defendant had used, relating to events in her biography, either real or fictitious. All this was solemnly denied by the defendant while the statement was being taken down. Mrs Monaghan was called by plaintiff; but gave her evidence with great reluctance, and accused Mrs L. of being the aggressor; whereupon she was adjured to "spake the truth." In reply, she declined to " perjure herself for anybody ; both of them were as bad as another." Mrs Masterson, a neighbor, deposed that she was in the street and saw the quarrel. She confirmed plaintiff's statement as to the quality of the language used. She was obliged to stop her ears it was so disgusting. One was as bad. as another. (Mrs Monaghan here intimated that the witness was not hi " her sober sinses" at the time, and was not qualified to judge.—His Worship called her to order.) John Carey, another neighbor, deposed that Mrs L. was "the worst for drink." He heard " some hot w ords " and " very nasty talk " on both sides.—ln defence Mrs G-. said that Mrs L. had called her " ridiculous names," and that she had merely told her to go home, as she was drunk.—His Wor ship dismissed the case, dividing the costs, lis, between the parties. Defendant had used very gross language, but complainant appeared to be the aggressor. The parties had disgraced their aex by the language they had used, and he was ashamed of them. They lived close to their own place of worship, but seemed to have no respect for iis sanctity, and acted as if they were in a low pot-house. Hie/gins v. Sisley. —A. claim of d£3 13s, balance of account.—Judgment by default for the amount and lGs costs.

An inquest on the late fire in Shake speare-road was commenced this afternoon at the Settlers' Hotel. The result has not jet reached us.

American enterprise is proverbial. The latest instance "which has come under our notice is in the publishing line. By last mail we received from Mr Zell, of Philadelphia, a few specimen numbers of his " Popular Encyclopedia and Universal Dictionary," a work which is a marvel of cheapness and completeness. In addition to the features of an encyclopadia, it contains a complete etymological dictionary of the English language, the pronounciation being added to such words as are difficult or irregular in their orthography. The whole cost of the work in numbers is about ,£5, and it will occupy two large quarto volumes. The essays are admirably written, in concise and forcible language; the type is small, but bold and clear; it is profusely illustrated with good woodcuts, and is printed on fine paper. The articles are brought down to a surprisingly late date; for instance, in the article " Rome" the history of that city is brought to the period of its occupation by the Italians (Sept., 1870), and the history of the "Roman Catholip Church" contains the results of the deliberations of the (Ecumenical Council. The history of Louis Napoleon is also brought to the period of his captivity at Wilhelmshoe. As a specimen of the etymological department of the work we quote a few lines from the article " Egg " :-- -" Egg, noun. [Sax. aeg; Du. and Ger. ei; Dan. ag ; Icel. egg; W. wy; Swab, at; Sw. egg;. Lab. ovum; Gt\ oon; Yv.osuf; Ital. novo ; Goth, adda ; Hind, unda ; Sans, anda, an egg. The root of Lat. ovum, Gr. oon, &c, is the Sans,, vi, a bird."] Then follows the definition. It is of course impossible to give an idea of a work of this kind by extracts, as it requires lo be seen to be appreciated. It has been highly sjpoken of by many of the American papers, and is iio doubt, as it professes to be, the cheapest book

of general reference yet publishpd. Specimen parts may be seen at the office of this paper.

District Court. —This Court was opened yesterday at 10 a.m. by his Honor Mr JRocJifort, District Judge. Jn the ease of Regina v. Daniel McLeod Mr Maddock took his seat in place of Mr "Wilson, Crown Prosecutor.—His Honor asked Mr Maddock if he could show any authority by which the Grown Prosecutor could delegate his office.— Mr Maddock was aware that in the Supreme Court the Crown Prosecutor could not delegate bis office without the consent of the Attorney-General ; but he was under ihe impression that this formality was unnecessary in the District Court.—His Honor said that no one could act in that Court as the representative of the Queen without the proper legal authority, and the case could not go on until such authority was obtained. The jury, who had been sworn, were ihen informed that the case was adjourned to 2 p.m., in order that the Attorney General might be communicated with by telegraph, to furnish the necessary authority.—ln Bankruptcy.— Re Michael Hebden. Liabilities, <£B9 ; assets, .£l3. Mr Lee for bankrupt; no opposition to discharge. £56 of the liabilities was a debt to the Provincial Government on account of passage-money advanced to bankrupt and family. In reply to questions by his Honor he replied that he was a carpenter, and when in work could earn 10s per day; but that he had been unable, except on rare occasions, to obtain work at his trade, and had been obliged to break stones for the Government. He was married, with a family of six children. During the past year his earnings had not averaged .£1 per week. The previous year he had been employed as a laborer at Puketapu, at ,£6O per annum. He had been four years in the place, and had never been able to repay the Provincial Government any part of his passage-money. —Mr Lee argued that bankrupt, under the circumstances in which he had been placed, could not have acted in any reckless manner, or he would have been in solved to a greater extent than .£33, which deducting the Government claim, was the total amount of his liabilities. —Discharge granted ; his Honor pointing out to the bankrupt that if ever he was in a position to pay his creditois in full, it was his duty to do so. Re William Henry Chaundy. —Application for discharge. Liabilities, £-58; assets, £37. Mr Lee for bankrupt. No opposing creditor. In examination it appeared that petitioner had gone to considerable expense in leasing and fencing a piece of land, which he laid down in crops. This crop proving a failure, he fell into difficulties; several judgments were obtained against him ; failing to pay his rent, the land reverted to its owner, and he was driven into the bankruptcy couit. Discharge granted ; his Honor (as in all the other cases) explaining that he was bound to pay his creditors in full if he should ever be in a position to do so. Re Thomas Bell. —Adjourned, on the application of Mr Lee, to next bitting of Court. Re Gibbs fy Jew.— Application for discharge. Liabilities, £506 ; assets, .£247. Mr Lee for bankrupts; no opposition. Evidence was given to the effect that bankrupts (each at the time being considerably involved) entered into partnership and opened a house of accommodation at Pohui, on the line to Taupo, anticipating that the speculation would prove very lucrative. For three months or so the business yielded a good return, but afterwards, from various causes, fell almost entirely away, and was only carried on in the hope that it would take a turn for the better. This did not happen, which accounted for the small amount of assets appearing on the balance sheet.—Discharge granted. Re Leonard Roper. —Application for discharge. Liabilities, £277 ; assets, £ls, Mr Maddock appeared for petitioner; Mr Stedman (on behalf of Mr John Stockman Buchanan) and Mr John Buchanan (on behalf of Tom Baldwin Buchanan, a miner) appeared to oppose the discharge.. The bankrupt was subjected to a lengthy and severe examination by the opposing creditors, from which it appeared that the amount of their claims against him was £IBO, the result of a Supreme Court judgment (damages for false imprisonment) and

expenses. The discharge was opposed on four grounds,—first, that in October last (an action for ,£I,OOO damages being then pending against the petitioner) he had built a four-roomed house on an acre of land belonging to him, and then made the property over to his wife. This fact was substantiated by evidence elicited from the bankrupt himself. The second ground of objection was raised under sub-section 111 of clause 120 of the Bankruptcy Act; that the bankrupt had unnecessarily, vexatious!y, and frivolously put his creditors to expense by delaying the proceedings against him In examination on this point the bankrupt said that he did not remember having done so, nor did he remember having employed a solicitor to act for him. Mr Hare, the Registrar of the Supreme Court, being sworn, testified that Mr Lee, acting on behalf of the bankrupt, in the Supreme Court, in the case of Buchanan v. Roper, had twice applied for further time to plead,, namely, on the 12th and 25th August, 1870; and that on the case being heard no plea was entered, judgment being allowed to go by default. The third ground of objection was raised under sub-division VI of the same section, which provided thyt the commission of certain specified offences by a bankrupt should be ground for refusing his discharge. The offence relied on was that of trespass and false imprisonment, for which the Supreme Court had already awarded damages. Any examination of the bankrupt on this point was objected to by Mr Maddock, whose objection was supported by his Honor. The fourth ground of objection was that petitioner had not complied with section 112, which requires a detailed statement of accounts to be produced. Mr Buchanan addressed the Court at some length, to the effect that a gross public wrong having been committed by the bankrupt, for which he had been condemned to pay a heavy penalty by the Supreme Court; he had, in anticipation of an adverse judgment, secured his property to his wife, and afterwards fome to another court to be absolved from the consequences of -his unlawful deeds. The bankruptcy was not in any way the result of misfortune, the penalty to. v, hich he was liable had been incurred by a deliberate and premeditated act, after due warning of its illegality had been given. The injured. parties had been put to heavy expense in bringing him to justice, and he now sought, by disposing of his property and availing himself of the Bankruptcy law, to injure them in pocket as well as in person.— Mr Maddock, in answer to the first objection, contended that the bankrupt when in view of an action for heavy damages, had taken a very proper course in securing his property to his wife. It differed materially from a claim for debt. The petitioner could show that it was a marriage-settlement. [The bankrupt was examined on this pom: by his Honor, and deposed that he had been married about a year when the property was made over to his wife. He considered it a marriage settlement, because he had promised her beiore marriage that he would do it; but there had never been any marriage-articles to that effect. It was a mere verbal understanding.] In reply to the second objection Mr Maddock said that he supposed that the reason why no plea had been applied for and granted, was that defendant had no means to carry on the case. The plaintiff in that action, who had described Mr Roper as a " man of straw," must have anticipated that the person under whose directions he was acting at the time the offence was committed would come forward and settle the claim for damages. As for the objection regarding the accounts, he considered that those now filed in Court were all that was required. —-His Honor said, that he would adjourn this case to the next sitting of the Court, to consider at length the various points raised. It would therefore stand over to the 6th March.— Court adjourned to 2 p.m. 2 p.m. — Regina v. Daniel McLeod, obtaining money under false pretences. It is unnecessary to publish the details of this case, as it has been already reported in our columns. Prisoner was sentenced to eighteen month's imprisonment with, hard labor.—The Court then adjourned.

To Put Down Abuse.--Show it up,.