Hawke's Bay Times. Nullius addictus jurare in verba magistri. THURSDAY, NOVEMBER 9,1871.

Hawke's Bay Times, Volume 18, Issue 1167, 9 November 1871, Page 2

Hawke's Bay Times. Nullius addictus jurare in verba magistri. THURSDAY, NOVEMBER 9,1871.

The English Mail via California may be looked for to-night, per Keera from Auckland. A supply of biscuits, &c., for the use of the colonial forces in the Wairoa district were despatched hence this morning by the steam launch "Una. In the District Court this morning, his Honor the Judge gave his decision in the case of Peters and l)yer v. Hobbs and Thompson. After carefully going through the evidence, his Honor gave judgment for the defendants, but without costs. In the case of Paora Torotpro and others v. Cashmore, M r Wilson applied for a dissolution of the injunction on the ground that it had been obtained under false representations, and that the other side had not used diligence in taking proceedings The injunction was granted on the clear understanding that the question was one of title, and that proceedings had been instituted in the Supreme Court. Yet six weeks had passed since the injunction issued, and nothing further had been done till this morning, when the defendant had been served with an ordinary declaration of trespass. This cpurse ? he maintained, amounted tp no Jess than contempt of court, for had the pourt had any reason to suppose that j.he matter was merely one of trespass, \i wpuld not have allowed an injunction to issue. Jf diligence had been used by the other side, the parties wpuld now Jiaye been at issue, and the matter might have been settled in the ensuing sitting of the Supreme Court, but it was now [up late for this to be done, On these

grounds lie applied for a .dissolution of the injunction. His Honor said that a very improper course had been adopted in this case. He took great pains to ascertain, before he allowed the injunction to issue, whether the question was one of title, and it was only on the distinct assurance that such was the case, that he granted the plaintiffs application. He requested Mi Sted man to give an explanation.— Mr Stedmaii said lie. did not appear on behalf of the plaintiffs ; he had merely acted as the agent of Mr Carlyon, who had been for some time seriously ill, a fact which would account for the delay complained of.—Mr Wilson said Mr Garlyon's illness had not prevented him being very active with regard to the injunction.—His Honor said he could not grant Mr Wilson's application under the circumstances of Mr Carlyon's unavoidable absence. —Some evidence was then taken in the case, Mr Worgan, Tareha, and Mr Hamlin being examined. The late hour at which the court rose this afternoon prevents us from reporting the proceedings this evening. The juvenile Tent in connection with the adult (Rose of Sharon) Tent, I 0.R., Waipawa, was duly opened on Tuesday evening last, 7th inst, by Brother R. Harding, C R. ? assisted by Brother R. Taylor, P..C.R. Several other members of the adult Tent were also present. The opening ceremony being over, the juveniles proceeded to the election of officers. The election was as follows : —Br. Yincent .Greenside, C.R.; Br. James Bibby, D.R.; Br. H. C. Gregory, Secretary; Br. J. Lozel], 8.5.; Br. H. Ellingham, C.S.; Br. J. Stevens, Levite; and Br. Alex Stevens, Guardian. The name chosen for the Tent was the "Rose-bud." We hope the Tent will succeed beyond the most sanguine expectation of its promoters, and that, under the able super|ntencl.enpe of Brothers Phillips and Greenside, the youths will be kept in good order. Fresh butter has, during the last few weeks been selling as low as 6d per lb. in Wanganuiand in Auckland. The saddlers of Auckland have agreed to close their places of business on Saturdays at 1 o'clock.

The Italian Opera Troupe arrived at Auckland by the Nevada from Sydney on the 2nd inst. The company is said to consist of no fewer than thirty-two artistes, of known reputation, including orchestra and chorus. The followingshort extract from a private letter published in the Southern Cross will give an idea of the great estimation this company was held in in Sydney. He says : " Where all are so good it is hard to give any preference. Last night the principals were called before the curtain three times for ' farewell'—an occurrence never before seen in Sydney The company is the best ever heard in the colonies—indeed it is too good for the colonies." The first performance in Auckland was to be given on the night of the 4th inst., when "II Trovatore " would be produced. A gentleman acquaints us (Southern Cross) with the following :—"Reading as to the amount of knowledge children must acquire as to the geography of the colonies from the kind of books used in some of the educational establishments of Auckland, a though' struck me, a day or two ago, as I met a number of phi Idren coming out of school. I stopped a little group of them—boys and girls averaging from eight to ten years of age --when, taking out my watch, I said 1 would give any of them twopence who could tell me at what hour the hands pointed. None of them knew. There was a point of doubt as to one remarkable youth, who exclaimed, 'Oh, I'll tell yon if you will give me the twopence first.' I would not give him the twopence first, and so he would not tell me; but I doubt whether he was able. T have since made enquiries, and T find that, in the schools generally, even this simple lesson is not taught." A profound sensation was caused throughout India by the murder of Chief Justice Norman at Calcutta bv a Mahpmedan. As the Judge was entering the Point on the 20th September he was stabbed twice and died the next morning. The murderer was arrested and sentenced to death. No motive whatever is forthcoming. Chief Justice Norman was only 51 years old, and was a most popular judge. Men of all classes are shocked.

THE RECENT COLLISION BETWEEN THE NEVADA and the A. H. BADGER. INQUIRY BY THE STEAM NAVIGATION BOARD AT SYDNEY. An inquiry into the circumstances attending the collision and abandonment at sea of the barque A* H. Badger was commenced at Sydney on October 27, by the Steam Navigation Board. The following witnesses were examined : Joseph Leddra deposed : I was master of tbe barque A. H. Badger, and was so on the occasion of the collision which took place on the 15th Oct. at 10.30 p.m., in lat. 34*5, and long. 165* E. At that time a steamboat was seen ahead, and I ordered the helm to be aport. I was down below and heard screams on deck. I immediately ran up, and just as I got my head on the after hatchway the steamer struck us in the mizzen chains. I holloaed out to stop her as we were

sinking, but got no answer, and saw nobody. The steamer rushed on. I ina mediately called all hands, sounded the pumps, and got all hands to work. We went on for awhile, and afterwards got a tarpaulin, and on going over the side found a large hole right down to the water's edge, with the planks of the vessel started. J set all hands to work at the pumps, and threw some ot the cargo —bags of maize—overboard op the port side to give her a list to starboard. At 6.30 a.m. on the 16th, a barque was seen bearing about N.E., and I hauled up for her with the Union reversed. She proved to \>e the Alice Cameron. 1 sent a note on board requesting the captafn to come on board, which he did, and immediately went back to get five hands to assist in throwing out the cargo. They remained while he returned on board rhe Alice Cameron and brought the carpenter to the vessel. We then slipped the tarpaulin over the ship's side. At the time of the collision our side lights were burning brightly, and the port one w,:s smashed by the steamer. [Remains of lamp produced ] The green light Capt. Carter took out of the box himself in the morning. The steamboat, at the time

of the collision, had no masthead light, but I cannot answer as to the side lights. The Alice Cameron hove in sight to our assistance, and but for that we should have been all drowned that night, as a strong north-west wind began to blow. At the time we left the ship there were about five feet of water in the hold, and before losing sight of her she was level with the water's edge, and must have gone down about 11 or 12 o'clock at night. Had the steamer struck her fore and-aft it must have taken the stern out of her. The only way I knew the steamer was by having previously seen the Nebraska passing by. The vessel I :aw h d a straight stem, paddle-wheels, two funnel, and painted white above. Our course, before the collision, was E.N.E. by JN. The wind was N.N. VV. I did everything in my power to save the ship, and got assistance from the Alice Cameron. I have no doubt about the ship being sunk; she was level with the water-line and could not remain on the water for three hours after the wind came on to blow. The planks were started be'ow the water-line. That was the principal hole. There were other holes. I swear the steamer's masit-head light was not alight, but that is the only thing I can be certain about. My wife

was on deck at the time screaming, and the children also. From the time I first heard the screams to the time of the collision was five or six minutes. I did not know what to make of it when I first heard the screams. I thought somebody had nightmare. I did not jump up at once, but when I jumped up I put my hand out to strike a light, and the steamer struck us, and I got my hand jammed. It was by the mate's orders that the helm was put aport. It was hard a-port when I came on deck. We sleep on the main deck. The man was standing at the wheel with the helm hard over. The side lights of our vessel were in the mizzeu rigging. It was after a careful consultation with Captain Carter and the carpenter that we decided to abandon the vessel. The lights were set at 7 o'clock, and they were burning a quarter of an hour before the collision. At that |ime there was nothing in sight. There was a man on the look-out at the time. It is my invariable custom to have a regular lookout, and I do not trust to .chance for a look-out.

Hugh M'Pberson deposed : I am mata of the A. H. Badger, and was on boarcj at the time of the collision with a steamer. About 20 minutes toll o'clock on the night of the 15th Oct., I was walking hi front of the poop, nnd thought I saw something ahead, and just as I was beging to look I heard a cry up forward. I cried out and then looked up, and saw a steamer coming. I called out " Port,'* but before we had time to do so the steamer was right on top of us. I turned round on seeing the steamer coming right on top of us where I was standing, and she struck about 15 feet from me. I saw she was a large ship, but she was gone immediately. The captain cried cut to stop her as we were sinking. Afterwards we went to the pumps and got them to suck, and found that we could keep her afloat until the carpenter went down and found there was a large hole just at the water's edge. I was on the weather side at the time the steamer was coming, but went to the lee side of the deck just before the steamer struck. I was standing on the poop just above the main rigging. The vessels were right end on and towards each other. The steamer was right ahead of me, and if we bad held our course we would have come right stem on to her. When I first saw her she was about a quarter of a mile away, and our vessel was going seven knots. I first saw her about the time the signal was given by the look-out man. I sang, out as loud as I could, and just as the captain came on deck she struck. That was about two or three minutes after I saw her. I saw the steamer, but could not see any light 9 until she came up, and then I could only see her cabin lights. | saw a %ht as she passed, which I think was the stern light. I saw no persons on board, and heard no voices. Ido not think we could have seen the steamer, that night more than a quarter of a mile. The weather was hazy. The distance we can see a masthead light generally is about two miles, but that night we could not have seen more than a quarter of a, mile. We had side lights, and they could not have been obscured by the sails.. The course we were steering was E. by N. half N. The steamer was right ahead when we saw her, and if she had "ported' 2 when I sung out she would have cleared us. That was about 30 yards. When I sang out our lights were level with th© poop.

John Throup deposed : I was seaman of the A. H. Badger at the time of the collision, aud was then on the look-out ? I saw the steamer coming and called out at the same time as tiie mate. I saw no. lights on the steamer. She was cp.ming right ahead. I was on the port bow right forward at the capstan and looking ahead. Looking at the steamer she appeared very little on the port side. I looked clear of the jibboom on the port side. I saw no persons on the Nevada after she passed, and heard no voice I saw no lights anywhere on the steamer. Before I saw her I was at the wheel, and went; to the look-out where | relieved the other man. I had been keeping a careful lookout. We could see a vessel that night about a quarter of a mile. The weather was thick. Robert Archibald, carpenter of the Alice Cameron, was also examined. John Webster deposed : I was a pas-; senger on board the Nevada on the passage from Auckland to Sydney. On the evening of the collision I was awoke by a shock, This was on Sunday night. I heard loud cries apparently coming from alongside the vessel close to my cabin rail. " Stop her, stop her," was what I heard first. The steamer was goiug at the usual rate, and I could hear her paddles. I jumped out of be!, looked through the window, and saw a kind of shadow of a vessel jus? passing us. I got up in time to go on deck, and met one of the stewards. I asked him what was the matter, and he said. " Ii is nothing. We have grazed a vessel in passing." Just after that the steamer was stopped for a second, and then vyent on. I returned to my berth. I met one or tvyo other passengers at the same time, and they were going down ? apparently satisfied. That is alt I know about the matte?. I heard very loud cries close to my window, but not the breaking of timber. The qrieg I heard were—" Stop her, stop her !" I heard nothing like the cries of female?, I was not on deck, but met the steward as he was going down. Henry Dyer Haddock deposed : I was a passenger on board of the Nevada ftt

the time of the accident. I was in my jberth on the deck-house. About 11 o'clock on Sunday night I was awakened by a noise which sounded to me as if all the machinery had got loose and fallen. I immediately got up, to go out; hut prior to going out I heard loud cries of «' Stop her !" Before that, I observed a .small vessel which appeared to have two m asts, and had a iarge portion of the sail clewed up. I was also in the habit of going up on the forecastle before going to bed, and remarked a very brilliant light at the masthead, aud also the side-lights. I asked the man whether he had more than one look-out. This was between half-past eight and nine o'clock. I saw three lights and they were brilliant. The cries " Stop her" were on board the barque not the steamer, I must candidly confess the steamer did not stop. I did not see the captain or any of the officers of the steamer at that time. It was a very hazy night, but looking back with the wind we could see a vessel 300 or .400 yards. The vessel I saw appeared to have two masts, with the sails clued up to the fore yard. I was on the port side. I saw no lights on board the barque. William Watson deposed : I was a passenger on board the Nevada at the time of the accident, but was not aware of the collision r.ntii the following morning. I I can say that a more carefully or better managed ship never went afloat. The captain was not aware of the collision until I pointed it out to him. The lights ' were burning on that night and every other night. I observed them about JO There was no negligence in point of lights whatever, although there might have been on the point of a lookout. I never went to the forecastle without seeing the look out, but cannot say whether there was a look-out on the flight of the collision. I pointed out to to the captain the damage done to the stem of the vessel, and said it must have been caused either through the chain cable which was round the stem of the steamer at Auckland, or by the collision. Peter Carter deposed : I am master of jbarque Alice Cameron. I remember boarding the barque A. H. Badger on the morning of the 16th October. I found the vessel had been in collision, and was .cut down to the waters edge. The mizzen rigging was gone, I think the shift was necessarily abandoned. I don't think any efforts could have saved her, even if I had kept with her. I should not like to have remained aboard of her. The President said that the commander of the Nevada had been invited to attend the investigation, at the request of the Hon. Treasurer, and the buard would be prepared to hear anything he wished to say. Mr M. Stephen said that the commander .of the Nevada wished to keep his case until it was brought before a judicial tribunal. The Board then adjourned.