Untitled

Mount Ida Chronicle, Volume V, Issue 310, 6 February 1875, Page 2

Archbishop Manning is to be made a Cardinal. A heavy rise in coal in England is causing great distress amongst the poor. Prices have riseu 25 per cent. A conference of the members of the various transit of Venus parties will be held at Melbourne this month. The ordinary meeting of the School Com. mitte was held on Monday evening last. The business was unimportant. It is proposed to shortly hold a social meeting in connection with the Naseby Presbyterian Church. Mb. Gv Stephens is announced as the successful tenderer for the framing on the head race. The quarterly meeting of the Licensing Court will be held about the Ist of March next. The Englis mailß, via San Francisco, will close at the Naseby office, at 8.80 a.m., on Thursday next the 11th inst. English letters, by the San Francisco mail, may be looked for either on Saturday or Tuesday morning next.

The Thames Hospital Sunday accounts for the last year shows the handsome sum of £63 da. 5d., contributed by the district churches.

The deaths of the Rev. Charles Kingsley and Countess Caernarvon, wife of the Secretary of State for the Colonies, are announced by.late telegrams. A series of military manoeuvres by French and German armies, announced to take place in the spring, is creating uneasiness, being considered as preliminary of war.

It is rumored Messrs. Barr and Oliver have been engaged by the Provincial Government to execute certain Railway surveys prior to the meeting of the Provincial Council.

Chbistohttuch -won the Interprovincial match in one innings and 151 runs. During the last twelve years this match has been an annual one. Otngo has won six times, and Canterbury five times one match being dr.iwn while Blightly in favor of Canterbury. It has been kindly intimated to us that Mr. P. Kearney, of, Christchurch, has been appointed teacher of St. Patrick's sohool, Naseby. H<* is expected to arrive about the 10th, and will pro i ably open classes in classics and the general branches of education. The following are the nominations for the Christchnroh Great-Autumn Handicap:— Tamburini, Guy Fawkes, Tadmor, Traitor, Templeton, King Philip, Hercules, Castaway, Spritsail, Daniel O'Rourke, Parawhenua, Ngaro, Septimus, Pertrobe, Flying Dutch man, Right Bower, Wainui, Princess Mary.

Me. G. R. Tatlok, an old resident of Oamaru, and whose name is intimately connected with the Maerewhenua, and who is about to settle in Southland, has been, says the 'North Otago Times ' prestnted by the citizens of Oamaru with a handsome gold watch,' and by the local jockey club, of which he was a permanent member, and for some time hon. sec. -with a silver claret jug.

The Rev. Dr. Wallis's books, seized in satisfaction of the Auckland education rate, were offered at auction. The auction room j was crowded. The rev. gentleman's pamphlet on " The unjust tax," published at sixpence, was put up first. An admirer- bid 575., the. total amount of the tax and costs* for the pamphlet. The judgment of tfatf~ Court bemg thus satisfied, the other books . were handed back to their owner amid cheers. The Hon. W. Fox, in a letter to the 'New Zealand Times', indignantly denies being the author of an article reflecting upon the Judges of the Supreme Court, and of which, he says the ' Guardian,' by an unmistakeable inuendo, charges him with being the author. He sayß he did not write a line of the article, and never suggested a word of it. He does not know who did write it,- and is quite certain the editor of the ' Guardian' cannot the smallest foundation for his allegation.

"A Pbesbyterian" authorises the I)unedin * Star' to state that he is prepared to present ten pounds to the expense of the first organ introduced into a Presbyterian Church in Dunedin. The ' Star' is glad to find the improvement of music in Preibyterian churches is attracting so much attention, '' for we are quite at one with those who believe that every department of public worship should be conducted in the most perfect manner as possible, and efficient instrumental help is a necessity in congregational suigi»<j."

However much Otago may have progressed the hardships of the early pioneering days are not altogether unknown At least from the description a correspondent gives us of the shearing operations of a Mount Benger sheepist we draw some such conclusion. The " Home Station." an old diggers hut, has for the nonce to officiate as a woolshed, where the sheep are draughted from the hall to the kitchen, and shorn in the drawing room, passing thence to the conservatory where the enterprising sheepist, who is also a Member of Parliament, has rigged a box for wool pressing, by the primitive method of hard tramping. No suspension of operations is required in wet weather, as the sheep are carefully dried at the kitchen fire before proceeding to the shearing board: In fact, the whole establishment is a striking instance of how much may be accomplished by ingenuity andperseverence.—'Tuapeka Times.' At the civil sittings of the Supreme Court on Monday morning, the case of Malaghan v. Wenkheim was commenced. This was an action to recover damages to the amount of £IOOO for alleged slander, plaintiff being a merchant at Queenstown, 31 Justice of the Peace, and late Mayor of that town; while defendant formerly a storekeeper of the same place, has, as Mr. Macassey observed, obtained, an almost historic reputation from previous proceedings in the same Court. Mr. Macassey, who appeared for plaintiff, stated that his client was a man of substance and did not wish to fill his purse with the proceeds of this action; but that if, at the close of the case, defendant would make him an ample apology, he would be willing to leave it in the hands of the jury to decide what amount should be given by defendant to some public institution. On the other hand, if defendant would not apologise, plaintiff would seek to recover the full amount claimed. The offer not being accepted, the case was sent to the jury in the usual way.. After short deliberation, a verdict was returned for the plaintiff—damages, one farthing.

The ' Tfaatueg evening Star' reports that numbers of miners are waiting in expectation of the Ohinemuri being opened, and all speak confidently of the district. There is now no opposition on the part of the Natives to prospectors—they evidently being as anxious as the Europeans are to have the place opened, The business people are making preparations for a large rush, by increasing their stocks and enlarging their premises. The proposed township, at Mr. Austin's place, is looked upon as a very good position, and will probably be a central place for some time. Some partieß of pr«ipectors have been trying the country at the foot of the Aroha mountain, and in several of the creeks have found several feet of wash containg gold, which, in more than one place would pay. There is plenty of quartz in the neighborhood, and some very large reefs. The bush is, however, unbearable for white men, owing to the swarms of mosquitoes, which give little rest day or night. And later still the ' Star's' special at Ohinemuri telegraphs that a large number of diggers have arrived here from the Thames during the last week. Small prospects of loose gold and quartz can be obtained by the prospectors in creeks; but without something richer than at present is found there is nothing to warrant a rush. I would not advise anyone to come until the field was declared open. Prospectors have great difficulty in penetrating through the country, and none but those well-used to roughing it should come. A camp-town is formed in a paddock at the rear of Austin's Hotel, close to the landingplace.

Mb. Laird, of Birkenhead, the builder of the Alabama, is dead. To this gentleman we are indebted for the loss of three and ahalf million of money, for the embitterment! of our relations with America, for yean passed under the dread of war with the power which, of all others, it most concerns our interest and our honor to maintain good relations with; and we have further more to j thank him for countless losses in the depression of trade which resulted from the complications with the United States. He was a member of the House of Commons, and, it is almost unnecessary to say, a Conservative. He once took advantage of bis place in that chamber, which plumes itself on being " the first assembly of gentlemen in the world," to say that he was not in the least ashamed of himself, and that he would rather be the builder of a dozen Alabamas than hold such sentiments as were enunciated by Mr. Bright. He is said to have amassed a colossal fortune, which, in conformity with prevalent opinion, I suppose we must say was "highly creditible to him." When the Geneva award was given against us, and we realised that we should have to pay the three millions and a-half, the Tory journals were furious against the Gladstone cabinet, which they declared had sacrificed the honor of the nation. It would almost appear that they expected the British Government to repudiate its liability, and refuse compliance with the dictum of a tribunal to winch it had deliberately submitted. Strange, is it not, that all this indignation should be vented on thee who endeavored to repair the mischief, whilst not a word was spoken against its guilty author ?—' Star' Correspondent.

RESIDENT MAGLSTRATE'S COURT

. Monday, Febbtjaby 1.. .(Before B. W. B.M., *nd L. W. Busdh, Esq., J.P.) Lancelot Hore, Manager of the Extended Water Eace Company, v. John Pratt Hutchison.—The information in this case was that the informant had just cause to suspect, and doth suspect, that the accused did receive,' and take into his possession, £9 10s. 6d., the property of the Extended Water Race Company, fraudulently and with intent to embezzle. T -The presiding Magistrate remarked that this information, being for an amount under £lO, the Court had power, under the 84th section of the Justice of the Peace Act Amendment Act of last session, to deal summarily with the case should the accused, after hearing the evidence,; •plead guilty to the charge". Mr. Rowlatt, who appeared for theprosecution, intimated that there were three other informations for embezzlement committed against the same company, two of which were for amounts over £lO. After argument, it was agreed to take the informations seriatim. Mr. Rowlatt, in opening the case, stated that the accused was in the employ of the Extended Water Bace and Sluicing Company as a waterman. He was employed to sell water, make out accounts, and receive moneys. Arrangements were that all" .moneys .received during the month were to be-accounted - for at the -end of-that;month.-.-Qn the 14th November, 1874 he resigned. An endeavor was made to get him.to rendera list of moneyb owing, and on several occasions he promised to make it out, having the accounts initialed to show their correctness. Besides the water account the accused also kept an account of those using the tail race, in what was called the running-in book. It appeared that William Harper and Robert Galbraith. had been using'the tail race, but nothing was shown to have been paid for the running-in. The new waterman was sent to see why the run-ning-in account had not been paid, while the water account was paid up. It then appeared that the account had been paid in a payment of £24 10s. 7sd., as by an account (which will be produced) on the 18th of July 1874. At the end of that month accused accounted for £ls as a part payment on account made on the 18th July, the day when he really received £24 10s. 6d. r leaving a deficiency of £9 10s. 6d. unaccounted for.

William Longmore Harper, being sworn, said—He was a miner residing in Naseby. He had been in the habit of taking-water from the Extended ; Water Eace and Sluicing Company.. John Hutchison, the accused, was the waterman .of the company, as far as he was concerned. He (Hutchison) was in the habit of rendering accounts for water. All the money ever paid to the company by witness was paid through Hutchison. He had been paying to the accused at the rate of 2s. 6d. per head besides the water account for the right to discharge into the tail race known as the Dead Level, belonging to the same company. The bill produced, marked A, was furnished by John Hutchison, the accused.- He paid the amount for which the bill is receipted (£24 10s. 6d.), to the accused on the 18th of July, 1874. He believed the receipt to be that of Hutchison He saw him write it.

By the Court—Then you know'it. Witness— Teg. - ~'-■■ -;. -■■■ • Examination continued—He believed the quantities of water charged for on" the bill ere correct. He had the use of the tail race for the time charged for in the bill. Some time after the account was paid, a person, named Williamson, was introduced by Hutchison as waterman to the company. Williamson came to him, about the 12th of last month, to enquire how the running-in account was not paid. He told him the running-in account Was paid at the same time as the water bill—always being paid in full. He could produce the account. He brought Williamson down to the hut, and gave him the account, marked A, receipted by Hutchison. * , , # Accused declined t©> teak the witness anything. By the Court—He (wftnWrsV paid the £24 10s. 6d. to the accused 1 Johft Hutchison on the 18th July, 1874. [Thi* point had been omitted in the depositions taken down.] Lancelot Hore, being sworn, said he was legal manager of the Extended Water Eace and Sluicing Company (registered), carrying on business at JNaseby. He knew the accused. Ho was employed by the Company on the Ist March, 1871, as waterman for the Company on west Bide of Main Gully, Naseby. His duties were to see to the supply of water to the customers of the Company, furnish accounts, and receive monies pn behalf of the Company. It was his duty to account ! to witness for the.monies, and to pay the amounts over to him. Hutchison was generally paid on the last Satur--1 day of the month. It was an understood thing, and the custom, that Hutchison Bhould furnish witness with accounts received for each month on the last Satnr-

day of every month. These account! contained in writing a statement of the daily supply of water. [To the Courts The weekly returns for running in were not included.] These were added up for each week, and a general statement given for the month for all monies received for water sold, and for running into the race. Accused was paid £3 per week, and 2| per cent on all receipts. He believed the account (marked A) was made out and receipted in the hand-writing of accused. He had compared the account with the books of the Company kept by the accused . Accused kept a daj book, a ledger, a cashbook, and a small book in connection with the running in to the Company's tail race. The accounts and the ledger do not tally. There is only one entry which tallies. The ledger is produced, and the account in it, of W. Harper and Co., page 128. The daybook is also produced. Entries in the ledger are put in weekly, hut the daybook entries are made daily. On April 13 two heads of water are charged in the daybook to Harper and Co. at sa. 10d., per head. In the account A two and a half heads, 14s. 7d ; , at as. lOd. per head, are charged, as b ing supplied on the same date, April 13. On April 14 two heads of water are charged in the daybook: in account marked A two and a half beads. On every item more -water is charged in the account marked A for each day—exeept on the entry for the 11th July—than there is in the daybook. On comparison, the excesses charged on each day in the account are as follows :—[The wjlsowi here «av P a. tabulated statement of amounts charged in excess from the 17th April.to the 15' h Julvi thirty entries—the ercoss varying from a quarter to half a head, and, n> one instance, two and three fourths: _th*

whole.quantity overcharged being fifteen and three quarter heads.] On account A £24 10s. 6d. is shewn as being received by'accused on the 18th July 1874. He produced the return marked B, given to him as manager by the accused for the period of four weeks ending July 26th, 1874. On account A £24 10s. 6d. is shewn as being received by accused on the 18th July, 1874. The amount in the return B furnished to me as being received from Harper and party is £l6 for the month of July. That money Hutchison paid to me as being all received from Harper. He produced the tail race book, which contains.the accounts of those parties who run into the Company's race—known as the running-in hook. On page 22 is the account of W. Harper and Co., made up to November, 1874, and kept by accused. On the 18th July, 1874, £l3 7s. 6d. appears due. No sum is credited in this book to Harper and Co. On the14th November, accused loft th« service of the Company.. After he left, he (witness) asked him to make up theoutstanding accounts, and in the presence of his successor, W. Wjiliamson, to get an acknowledgement of dfcbt from the parties indebted to the Company. Accused never did so. From an examination ot books and papers kept by the Company, the difference between the £ls acknowledged and handed to me on the 25th July and the £24 10s. 6d. received iy the accused on the 18th of July has not been received by the Company—that difference being £9 10s. 6d., the amount charged as being embezzled in the information.

Accused declined to ask any questions. By the Court —No one but myself was authorised to receive moneys on behalf, of the company. The accused, being cautioned, said hj» had.nothing to say. He would take the judgment of the Court.

The Court—let me remind you,' is I' told you before, that if you, after "having heard the evidence, elect—as you hare aright—to take the judgment of this Court, it can only be done by pleading guilty. Accused —I plead guilty. The Clerk having prepared the formal plea of guilt, and request for the summary exercise of the Court's jurisdiction under that plea, handed it to the accused for signature at his option, who elected to sign it. The presiding Magistrate -then said—John Pratt Hutchison, the Court has decided to accept your plea of guilt, the amount being sufficiently low to epe under the provisions of the Justice of the Peace Act Amendment Act of 1874. Your offence is one defined under the Larceny Act, as being:—" Whosoever, Being a clerk or a servant, or being employed for the purpose or in the capacity of a clerk or servant, shall fraudulently embezzle any chattel, money, or valuable security, which shall be delivered to, or received, or taken into possession, by him, for, or inthe name, or on the account, of his mas* ter or employer, or any part thereof, shall be deemed to have feloniously stolen the same from his master and employer; although such chattel, money, or" security, was not received' into the possession of such master or employer, otherwise than by the actual possession, of his.olerk, servant, or other person so' employed; and being convicted thereof," shallbe liable, at the discretion of the Court, ttf-be-kept in» penal servitude for any term not. #xceeding fourteen'' years, and amt" less than three years, be .imprisoned', for any term not exceeding: two years, swith or without hard labor, and with" or without solitary confinement, and, if a male under the age of sixteen years, with or without whipping/' The jurisdiction of this Court is limited to twelve months' imprisonment, and, in ac* cepting your plea, the Court takes upon* itself the responsibility of passing sen* tence. Before the Supreme Court, if convicted, their would have been no choice of sentence below three years' imprisonment. Fortunately foij. yourself the amount for which the inforhwtion is laid is below theamount specified by the Act, which giveathe Court power to summarily deal with the case. The evidence discloses a *yste~ matte robbery of your employers, and' thecase is thus very different fr?m that of at person yielding to a sudden temptation. Where there is a special temptation arising suddenly all Courts have regard to the? pressure of the temptation. Wnete there? is a continuous and deliberate fraud, as ia : the present ease, it would! Ira idle for theCcrtfr6 to 1 effect to consider any. peculiar claim tee mercy was shewn. The Court, feeling that its powers are limited to a third of the minimum that must follow & sentence on this charge by the Supreme Court, it would not be showing the sternness demanded.by the case where it to refrain from.imposing the full penalty the law gives it the power to inflict. The sentence of the Court is that you be imprisoned in Dunedin gaol, with hard labor, for twelve months. The remaining informations, of whioh. notice had been given, were not pressed. Poliee t. Ah Cheong and Ah. Sing.— This was a charge for vagraney. Be»manded till following day, when theywere 1 again brought up and discharged.

Fbbbttaby 4. (Before H. W. Robinson, Esq., R M.) Police v. Alfred Gautior. —For breach of the Licensing Ordinance. Adjourned to February 5. James Cain r. George Thomas.—Assault. Fined 405.; costs, 165.; and 40s. expenses, E. E. Field (Receiver in the estate of the Band of Hope Company) v. A. M'GBrown.—Debt, £34 17s. lOd. Judgment for amount claimed, costs 255., and professional fee, 21s.

Same v. Same.—Debt, £22 17s. sd. Judgment for amount claimed, with, cost* 255., and professional fee 21s