THE Hawke's Bay Times. Nullius addictus jurare in verba magistri TUESDAY, 12th MAY, 1874.

Hawke's Bay Times, Issue 1575, 12 May 1874, Page 214

THE Hawke's Bay Times. Nullius addictus jurare in verba magistri TUESDAY, 12th MAY, 1874.

Patrick Long, who shot a man dead at Green Island, and followed the act with the remark—" That's the way to serve such ——s as you," has been found guilty of manslaughter, and sentenced to five years' imprisonment with hard labor—just one-half the sentence usually awarded to a convicted horse-stealer. That the jury looked upon the act as wilful would seem to be implied by the fact that they wished to prefix the word " aggravated" to their verdict; but were informed by the judge that there was no middle line between " manslaughter" and " wilful murder." A noticeable feature in this case was an unwarrantable attack by Mr Barton, the counsel for the defence, upon the Press. " The most atrocious lies were told in the Press in order to hang this man. . . . Thank God, according to the English law, they could only hang a man upon evidence, and not upon newspaper reports. Would any of them, with the evidence that had been laid before them, dare in the future to charge their consciences with the death of the prisoner at the bar ? " Such stuff as this appears to have wrought upon the jury ; but even with the verdict of manslaughter MiBarton was not content; so far forgetting himself as to add, il We may thank the Press for not having a recommendation of mercy attached to it." The Guardian gives Mr Barton a welldeserved dressing, and protests on public grounds, against " the unbridled licence" of counsel. The abuse is a grave one; it is attracting attention elsewhere; and we trust that the unbounded ; ' privilege " of the legal profession wiil ffl long be materially abridged. At preseut, # J,egal gentleman may with perfect impunity, indulge in comments and throw out insinuations ' which would subject an ordinary public speaker or journalist to heavy fine and protracted imprisonment. Were it not that the laws are mainly framed by the

legal profession, who naturally study their own interests in the matter, this hoary abuse would have been abolished long ago. But the Press is now attacking it in earnest, and though the legal profession may make a fight for their ancient privilege, they may be sure its days are numbered.

Readers of the Auckland papers were long since wearied by the reports of the apparently interminable case, Mohi v. Craig, which was styled " The Battle of the Logs;" and when the action was to all appearance finally disposed of, the public in that Province were relieved, as though rid of an incubus. After an interval of quietude, however, there has arisen from the ashes of this case an action of a far more serious nature—no less than a charge against Mr J. S. Macfarlane, one of the parties concerned, of inciting Thomas Craig and Andrew Craig to shoot Mr C. A. Harris, in the event of his resisting the seizure of the logs which formed the bone of contention. The case is still proceeding, and the particulars may be gathered from the telegraphic column.

The letter of " A Liberal" in another column directs attention to the hostile attitude in some instances assumed by the ministers of the Church of Rome in reference to the Good Templar organization. The reasons which, according to our correspondent, were assigned by the Rev. Father Forrest for his objection to the Order, do not, we apprehend, go to the root of the matter; the real reason lies deeper, and is to be found in the suspicion with which the church of which he is a member regards all organized societies which arc not under ecclesiastical supervision. The fact—which is no secret—that the Good Templar lodge meetings are opened and closed with prayer could not be seriously urged as an objection to the society by any Christian minister. Regarding the admission of females, we need only refer to the Sisterhoods in the Church of Rome—Sisters of Charity, Sisters of Mercy, and innumerable others, to indicate that the importance of female influence in every good work is recognized and made use of by the church in question. That the objection of the Church of Rome to secret societies does not apply to all is apparent from the fact that great numbers are established under the special authority of the church itself. The order of Jesuits, which is as [secret and as wide-spread as Freemasonry, is an instance in point. The Dominicans, Franciscans, and a host of others, are all secret societies in the fullest sense of the word, and are all recognized by the church. In England an order of Roman Catholic abstainers on the model of Good Templarism has lately been instituted, under high ecclesiastical authority, and the special patronage ot the Blessed Virgin. It is secret, and differs from Good Templary principally in the fact that the pledge of membership embodies certain articles of faith peculiar to the Church of Rome. The order of Good Templars is essentially Catholic—infidelity or immorality being the only grounds of exclusion. Many Roman Catholics have already been enrolled, and, we'imagine, have not been found any worse members of their church on that account. Dr. Manning, the Roman Catholic Archbishop of Westminster, is one of the most prominent temperance reformers of the age; and has no share in the prejudice with which certain members of his church regard Good Templars. On the occasion of the Feast of St. Patrick, in March last year, his Grace issued an earnest and powerful pastoral on the subject of drunkenness, which was appointed to be read at all the Churches of the diocese, at all the masses on the third Sunday in Lent. We cannot conclude better than by quoting the closing words of the Archbishop's pastoral:— Let us unite in a league of charity and of self-denial with our brethren all over London, and in Liverpool, and in Birmingham—wc may say all over England—against this pestilence which is, destroying homes and 6ouls, and, through the ruin of parents, is making havoc of our poor children. Thousands of the faithful arc already associated in this work. We trust that tens of thousands will hereafter he enrolled in the same array of sobriety aud of abstinence cgainst the plague of drunkenness and free indulgence which is steadily increasing upon us.

By our commercial telegrams it will be seen that the decline in wool so long predicted appears to have began, Prices are Id to 2d lower, and competitions languid. The article in the first page of today's issue, headed " Rum and Maoridom," is a fair specimen of the views held by the press of the other Island on the native question. Mr R. White, the telegraphist to whom the Wairoa office has been assigned, took his departure for that port on Thursday at midnight, Telegraphic communication between Napier and Wairoa was established on Friday afternoon, and the line was open to the public on Saturday. Yesterday morning, in the Resident Magistrate's Court, Charles Williamson was charged with stealing a gold watch, valued at £B, of the goods and chattels of William Hoyle Hall. The property had been found in the possession of accused, who stated that he had bought it from a swag-man on the Taupo line. The case was remanded to Monday, to allow of the production of evidence from Tarawera. The Waka Maori of the sth May is to hand. The most noteworthy contents are a letter from Major Ropata in Sydney, and another from a Taupo native, describing a visit to Santiago. Ropata greatly regrets his ignorance of English—he " can only look at the moving lips of the pakeha, and conjecture what they are talking about." He is amazed at the population and industry of the Pakeha. The heat also attracts kis attention, and he says : "Itwould probably be fecpeficial to those of New Zealand whose (liroats £*•# rent with coughing ; probably they would apprer ciate it,"

Only one press telegram—from Wellington—came to hand yesterday. The line was down between Napier and Auckland, and possibly the bad weather also affected communication with the South. Matene Pekapeka, a native, applied yesterday in the Resident Magistrate's Court, for a civil summons against a pakeha, for shooting ten of his ducks. Damages are laid at the handsome figure of £1 each. One civil case came before the Resident Magistrate on Friday—Grant v. Nilssen, a claim of £7 2s Gd. Defendant was a Scandinavian, and. the usual difficulty was experienced in finding an interpreter. Defendant admitted £5, but disputed the balance, which consisted of house-rent. Plaintiff, when pressed on this point, seemed anything but clear as to the time defendant had occupied his house.—Judgment for amount claimed, and 13s costs—to be paid in weekly instalments of 10s. Wo are sorry to hear that policeconstable Hunt is still suffering from the serious injuries inflicted on him in the late assault, when he was •so brutally kicked about the head. Though he may not lose his sight, it will be long before he is able to resume his usual duties, and his constitution has received permanent injury. His cowardly assailant escaped cheaply with two months' imprisonment. , A constable's duties are arduous and often dangerous; and if he is active and conscientious in their discharge, he cannot fail to provoke the enmity of the disorderly classes. A notice, bearing the signature of Mr Sutton, has been posted on the gate of the ,Ngatahura native reserve at Omarunui, giving the natives in occupation, who number about fifty, notice to ' quit before the 17th May, or otherwise he will take possession of the land, fences, &c. Paoia Torotoro has requested us to mention in our Maori column that the natives have written to Mr Sutton declining to remove unless by order of the Supreme Court; that it is his intention to dispute Mr Sutton's title to the whole of the Omarunui block, and that he has notified the same to the Registrar. We have received from Mr C. W. Purnell, of Wanganui, a pamphlet entitled "An Agrarian Law for New Zealand." The writer deplores the evils attendant on the so-called progress of the present age, which he looks upon as tending to the accumulation of vast wealth by a small class, and the impoverishment and misery of the many. All the evils and vices of the great cities of the old world, he thinks, are in process of reproduction in this country. His remedy is an' agrarian law, limiting the extent of land which one man or one family may hold. The pamphlet is ably written, and we shall probably give it ere long a more extended notice. A narrow escape from fire occurred Messrs Neal and Close's establishment on Saturday night. A boy carrying a kerosine lamp tripped and fell on the staircase, the lamp broke, and the burning fluid was spread abroad, igniting a quantity of drapery. A cry was raised for water, which fortunately was not at hand, as had water been dashed upon the flaming kerosine there would have been little chance of saving the building. Mr Kraeft, who was present, with great presence of mind seized a pile of shawls, which he threw upon the flames, at the same time calling for blankets. These were quickly produced, the lire was smothered, and a serious conflagration happily prevented. On Friday last, William Finlayson was charged with having sold to Cornelius Ryan, on the 22nd February last, certain alcoholic liquor. Accused was defended by Mr Cornford, and pleaded not guilty. Cornelius Ryan, laborer, sworn, deposed that on the date named, he went to the accommodation house kept by the accused at Moeangiangi, and got a glass of rum. He was served by Mrs Finlayson, and paid her Cd for the glass at the time. This was on a Sunday. Charles Malvern was present at the time. Witness was in the kitchen, and through a screen saw Malvern assisting Mrs Finlayson to draw the spirit, by tipping the cask. In cross-examination by Mr Cornford, witness said he had had to leave a comfortable situation, in consequence of the drunkenness of the men there employed, who all got their liquor of Finlayson, and would come and insult his wife. Maoris got awfully drunk there, too. Quite recently a Maori woman, drunk, and naked as she was born, entered his house and fell into thp fj.re ; where she was seriously burned, and would have lost her life but for the assistance of himself and wife. A man was then lying at Finlayson's in " the horrors." There was no licensed public-house in the neighborhood. Was not on bad terms with Finlayson; but had been accused by him of killing his turkeys. Was in Napier at the racertime, after buying the liquor, and did not then lay an information. Had good reason since for doing so.—Charles Malvern,, residing at Finlayson's, Moeangiani, being sworn, contradicted the informant on every material point. Saw Ryan outside Finlayson's on the Sunday in question, but was confident he did not enter —he spoke about the scenery and went Never saw him served with liquor—•certainly npycr assisted.—The Resident Magistrate said that jfchqugh the liquor might have been sold, the case must break dpwn, the informant having failed to prove his statement. He had not taken the first opportunity of laying the informatign, and in fact did not do it until causes of disjmte • arose. Though he spoke in a very indignant manner of the drunkenness existing at Finlayson's, he led the Court to believe he had been a participator in the unlawful action. This would not upset the case if independent proof had been given ; but such not being produced, the information must be dismissed with costs, which amounted in the aggregate to £3 8s 6d.

Another case of assaulting the police came before the, Resident Magistrate yesterday. A man named Thomas Bell was given in charge by Mr the foresters' Arms, for drunkenness, and being illegally on the premises. The prisoner walked away with Constable Coghlan quietly enough until reaching a "lonesome place" at the back of the Club, when, with the words "It would take a better man than yon to take me to the lockup," he struck the guardian of the peace a blow with his fist on the side of the head. He attempted to repeat the attack, when the constable threw him, after which he had no further trouble. The charge of being unlawfully on the premises was not pressed. In defence, Bell said he was drunk and knew nothing about the assault, which he was very sorry he had committed. He had been vexed about losing a large sum of money, and had taken a few glasses too much. He had gone on Gray's premises to watch the man he suspected of robbing him. He had never been before the Court before. —His Worship said he could inflict a fine of £lO for the offence, which had been proved. As the assault did not appear to be particularly aggravated, he would only inflict a fine of £2, with 4s costs, and no additional penalty for the drunkenness. James Keogh, an old man, was charged on Thursday by Mr Dennett, landlord of the Star Hotel, with stealing £2 4s from the clothes of Henry Dixon. The evidence showed that the accused had come down the Taupo line, arriving in Napier out of funds. His meals were obtained on credit at a restaurant, and paid for at night out of his casual earnings during the day. Last Wednesday morning Mr Dennett took him into his employment. A lodger in the hotel, named Henry Dixon, had been seized with sudden illness during the' previous night, and required constant attention, as during his paroxysms he would throw himself out of bed on the floor. The night he was taken ill lie had changed a £lO note, out of which about £7 was in his purse at the time of his seizure. About 10 p.m. on Wednesday, Dennett placed Keogh in charge of the sick man; gave him candles, told him to keep a light burning all night, and gave him other instructions. About a quarter of an hour after, Keogh came downstairs, and told Mr Dennett he wished to empty some slops, Dixon having been .sick, Mr Dennett, who was just going to bed, told him to do so. and make haste back to his charge. Next morning at daybreak, feeling anxious, he went into the room, and found Dixon alone, lying on the floor. On making inquiries, he found that Keogh had been seen leaving the premises with a swag at a very early hour. He examined Dixon's purse, and found only £4. After a long search, he found the prisoner drinking in Mayo's bar, and demanded the stolen money. " I've got no money," said Keogh. On being threatened with a whip, however, he said, " I'll give you all I have left," and handed over £1 14s 2d. Mr Dennett then.gave him several smart cuts across the shoulders with the whip, and left him. Evidence was brought to show that the prisoner had changed Dixon's notes for gold, and also that he was drinking in the bar of the Masonic at 11 p.m. on Wednesday—just one hour after being placed in charge of the sick man.—ln defence he said he had been paid £3 at Opepe, and could bring evidence to prove it. He also complained of having been horsewhipped by Dennett.—The case was adjourned till next morning to allow him to bring his evidence ; but he failed to bring any, and only repeated the rambling statement of the previous day.—The Magistrate said the theft was clearly Jprovcd, and that it was a most heartless case; and sentenced Mr Keogh to two months' imprisonment with hard labor.