The Nelson Evening Mail. WEDNESDAY, MARCH 6, 1867. THE SUPERINTENDENCY.

Nelson Evening Mail, Volume II, Issue 54, 6 March 1867, Page 2

The Nelson Evening Mail. WEDNESDAY, MARCH 6, 1867. THE SUPERINTENDENCY.

NOMINATION OP CANDIDATES. Mr. Barnicoat's Speech. Mr. Barnicoat, who was warmly applauded, said : I will first explain an act of apparent inattention and disregard to the electors, in not requesting their attendance (as the other candidates have done) at a meeting to lay before them my views on public questions. My reason was, that I thought (and I still think so) this the reasonable, usual, not to say constitutioual time, for making known a candidate's opinions, reserving the time between the nomination and the polling for further elucidation of opinion at meetings of the electors summoned throughout the dfferent localities. This, at least, is the course I intend taking in this contest (hear, hear). Mr. Curtis told you at the opening of his speech that Mr. Blackett's voters as a body were to go over and give their votes to me, and Mr. Curtis appealed to the electors not to be led by the newspaper press. lam glad of Mr. Curtis's information, and would at once thank Mr. Blackett's friends for their intentions, but for fear of throwing away my gratitude for favors I might not receive. But I also appeal to the electors not to be led by the press. What but confidence in the electors could have induced me to come forward on this occasion, without a paper to trumpet me, as Mr. Curtis has long had (hear, hear), without a requisition, and as far as yet appears, without a committee (applause). I thought that with upwards of 400 votes which were recently recorded in my favor, there was no need of mere promises, and I knew that I conld (without attempting to underrate the influence of the press) depend on your not attending to its dictates, but to the dictates of your own judgments, your own honest hearts (applause). I will here express more than a hope — a belief, that this contest will be conducted amicably, and in a fair, honorable, and friendly spirit (hear, hear), at least I have made up my mind that nothing shall fall from me during this contest which at its close I shall regret having uttered. lam not thin-skinned. I am willing to make an allowance for a tune of excitement like this. Ido not expect men to go about electing a Superintendent in exactly the sams spirit that angels would elect an archangel if they would enjoy electoral privileges (applause and laughter), or even like a set of Utopian electors, calmly, quietly, and judiciously weighing the merits and opinions of the respective candidates. No doubt, it is the duty of the press and the electors to scrutinise closely the opinions of the candidates, to look at them on every side — aye, and even character too — for it is absurd to draw the distinction, as is often done, between a man's public and private character (hear, hear). What I chiefly insist on is this — that before criticising upon or censuring conduct we should be perfectly sure that the opinion or the conduct is really that of the candidate criticised (applause). I congratulate myself and you, gentlemen, that I have nothing in the way of defence to trouble you with; that all the time I shall occupy will be taken up in explanation of my views on public questions. The topics foremost in interest, the question occupying everyone's thoughts and tongues just now, is the railway question, and whoever may become Superintendent, all parties will no doubt concur in rendering him assistance in carrying it out (applause). There is and can be no difference of opinion as to its importance to the interests of the place. The difference of opinion is simply as to the probability of its execution. It is impossible to exaggerate its importance. The railway question is really a question of whether the province is to consist virtually of 2,000,000 acres, or 6,000,000 acres, or 7,000,000 acres; whether our future population is to be numbered by tens of thousands or hundreds of thousands; whether we are to be content with one Waimea and one Motueka, or whether we will bring other such districts to our doors (for a railway is practically an annihilator of distance) ; whether our young men, as they grow up, are to go elsewhere to exert that industry for which we deny them a sphere at home ; whether, in fact, the bulk of the province is to be given up to a few cranes and rats, or to be covered with sheep, cattle, and men (applause). I will say here that I think the originators of this railway scheme are entitled to great praise — those who first brought it into notice in the press and in the Provincial Council, and those who put in into legislative enactment. And it detracts nothing from that praise that alterations in the originally proposed scheme will be required. Few great measures are ultimately passed in that exact shape which they originally assumed. I am not going into calculations of traffic returns ; such are usually fallacious; by so doing, I might deceive myself, if not you. I shall merely enter at present into considerations of a more general character. We have, in fact, a vast territory in the interior of the province, abounding in a variety of the elements of wealth, gold, coal, and other minerals, and land of every degree of value, and we wish to turn this territory to account by rendering it accessible by a railway. We have no money, and we think it imprudent to borrow, so we offer the territory itself or a large portion of it to our capitalists, who will make the railway for us. And this is the railway question. I have seen the land which it is proposed to give, and although the bulk of the country is of a hilly or sometimes of a mountainous character, yet there is room for a large farming and village and town population. In the aggregate, the quantity in the Euller and the Grey of the good and level land is very large, amounting to some hundreds of thousands of acres. No doubt the hilly land is chiefly covered by black birch forest— a description of land heretofore not generally esteemed. But its character on the other side of the ranges in the Euller Valley, is very much improved, and has generally a much richer and deeper soil than similar land nearer Nelson. But even here this kind of land is beginning to get into repute, and those who have tried it are satisfied with the experiment. But if the land is not enough, we offer the railway itself— or at least the Provincial Council has signified its assent to leasing it to the contractors

for a term of 2 1 years at a nominal rental. And if the contractor cannot wait till the completion of his contract for payment in land, let him be paid in advance as in other contracts, that is, let him receive partial payment before the completion of the whole work. Here two very important alterations in the Railway Act are pointed at, but alterations that must probably be made before contractors are found. I have been sometimes sorry to hear the over-sanguine views taken by some persons as to the probable date of the execution of the railway, as if it were an affair of tomorrow or the day after ; but here already is a source of delay pointed out. In fact, in works of extreme magnitude and importance we must expect delays, let those in prosecuting them be ever so willing and industrious. Some high authorities have told us that the offered land is not a sufficient inducement, and that it is not worth the time of capitalists to come and look at it; others, again, and equally good judges, say that we are too lavish in our offers, and are unnecessarily giving away the provincial estate. Probably the truth lies between the two extremes, and that the offer is simply a liberal and handsome one, amply and fairly remunerative to the capitalist when carried out. However, though we have a right to form an opinion on the nature of the offer and to express it, we cannot expect capitalists to take our opinion. They will, of course, see for themselves before entering on the undertaking ; and what we say is, " Come and see ; we will treat you civilly ; we will show you through the country to the West Coast, and bring you back ; we have confidence in the sufficiency and magnitude of the offer ; come and see the country for yourselves." A few evenings ago, Mr. Blackett exhibited on the walls of this room a plan showing distinctly the limits of this province, and also of that block of land which would probably be absorbed by the railway contractors. It was somewhat startling, showing as it did that about a third of the province would be taken for the purpose. I have since verified Mr. Blackett's plan, and find that the province really contains only about 6,300,000 acres, instead of'the much larger acreage which is loosely assigned to it. However, Ido not think we should be deterred by the idea of giving away our land. There is a fallacy in the expression •' giving away." The land is not given away in the sense that private land might be alienated. The "given away" land still remains to the province for purposes of population and revenue. It is given away just as private land might be, where a large annuity is retained for tlie use of the original proprietor, his heirs and assigns for ever. In fact, the land is of no avail till it is given away. I saw the other day in one of the newspapers a letter in which the writer advised the electors not to vote for any candidate for the Superintendency who would not promise a railway. I hope you will not take the writer's advice, for in that case you will not vote for me. Such a promise would, in my opinion, be very rash and imprudent. I will promise to do all that I myself or others can devise towards bringing the railway scheme to a successful issue. That the railway would be a good tiling for the province is agreed on all hands; that it wonld be a good thing for the contractors is generally believed. But our belief does not settle the question. There is abundance of capital in Australia and England seeking investment; but is it seeking investment on the terms we have to offer — the deferred payment of interest, in short ? No doubt the capitalist would be very amply repaid for his waiting ; but is there capital seeking investment on these terms ? I do not know enough of the capitalists to answer the question, and therefore I cannot decidedly promise a railway (hear, hear). Whatever can be done I will do to make our offer known — by pamphlet, by plan, by sending home an agent perhaps, or by making use of the present agent and his influence among capitalists (applause). I have written Mr. Ogilvie, whose name most of you have heard, inviting him to come and go through the country for the purpose of making an approximate estimate of the cost of a railway. Mr. Ogilvie is a gentleman whose opinion no doubt from his professional knowledge and position would have weight at home. I have not yet had a reply from him. Ido not think the time has yet come for incurring the cost of a detailed survey with plans and sections of the line (hear, hear). This I think shoukt be delayed till there is an immediate probability of the undertaking being entered upon (hear, hear). It is of course a necessary preliminary to a contract, but would be premature at present. The question is often asked, Will the railway pay ? Here in fact are two questions in one. I have already given reasons for believing that such an extent of land of the character described, with ample room for farming, village, and town population — with abundance of gold and mineral, becoming the property of the contractor, would repay him for making the railway, and when the railway is made it would be strange indeed if a line passing through such a country (the whole of which immediately adjoining the railway on either side, would be immediately taken up), with a large and growing population at each end would not well pay the expenses of its upkeep (applause). There are two indirect advantages iii connection with the railway scheme, which I will now notice. Mr. Blackett, in this hall, the other evening criticised the ineffective manner in which the Government advertised its land for sale, a piece of land is perhaps advertised, and somewhat scantily described as " No. 3 to 8, square 7," or in some such manner. Now, a large commercial company would bring its land into market in a different manner, and in fact could in many ways resort to means for disposing of -it as no Government could. The other advantage is one of a more important character. Such a company would no doubt find its interest in resorting to long leases and deferred payments, as a most tempting and profitable way of disposing of its lands ; the rent representing a moderate interest on the purchase money, and a power of purchase extending over tbe term of the lease (hear, hear). This boon has been contended for more than once by the Provincial Council and refused by the General Assembly. But, in its own interests, this system, or something resembling it, would in all probability be resorted to by a great land company in the disposal of its land (hear, hear). I will now trespass on your patience in the mention of a matter of a somewhat personal character, but which should not, I think, go unnoticed. Mr. Saunders, when re-

cently addressing the electors in this Hall, and referring to an account of the Buller country published by me in the Nelson -JSxaminer a few years ago, quoted me as having estimated a certain plain — called the Four Rivers Plain, but never so called by me — at 100,000 acres, which plaiu Mr. Saunders stated had been since surveyed and found to amount to about 7000 acres only. It is necessary to notice this, because it is in fact a great imputation on my veracity or judgment, and, besides, puts an avowed railway advocate in the light of one being obliged to resort to violent exaggsration to make out a case. Mr. Saunders is, however, under a mistake. What I said was to this effect, that the land lying adjacent to four certain rivers (the Matakitaki, the Matiri, Manila, and the Mangles) was estimated by me at 100,000 acres. On enquiring at the Survey Office how the 7000 acres said to be surveyed was made up, I was informed by Mr. Brunner that 4000 had been surveyed in the Matakitaki, and 3000 in the Matiri — a portion of the land by the one river, and a small portion of the land by the other — while none of the land adjacent to the other two rivers named by me was included. I adhere to my guess therefore, and I believe it to be too little (hear, hear). I must now go to some other subjects on which I have a few words to say, and you must give me more of your patience than Mr. Curtis required, because I address you now for the first time (hear, hear). I have already alluded to the question of leasing the lands of the Crown, and will now merely add that I think the necessity for obtaining leases with a power of purchase throughout the term of* lease for all lands, whether pastoral or otherwise, should not be lost sight of, but should be pressed again and again on the Genera) Assembly till obtained. On the subject of the gold-fields,. I will merely observe that the policy of the late Superintendent— that of spending a large portion of the revenue derived from them on the gold-fields themselves— should be persevered in. A Superintendent who visited the gold-fields, as I have done, would see for himself how much the very severe labors of ithe mining population are mitigated by the timely and judicious expenditure of a little money in the preparation of tracks; how grateful that population is for such an act of justice, and how deeply they feel tlie neglect of it (Applause). On the Waterworks question I will merely say that any needless delay seems not only unadvisable and objectionable, but positively criminal. liad the waterworks been in operation a short time ago, the destructive and disastrous fire in Bridgestreet would probably have been prevented. And this may be but a foretaste of future evil. The sword of destruction will hang over Nelson by but a slender thread till the waterworks are in operation — not only as regards security from fire, but in a sanitary point of view tlie subject is be^ginning to be pressing. As a member of Council I supported the Waterworks Loan, although it was throwing a seeming local burden on the Provincial revenue; for I considered that any serious injury to the town would be an injury to the province. And this brings me to the subject of loans. I have a general horror of debt, in a private or public capacity. But this feeling may be carried too far, if it prevent the borrowing of money for such a very necessary and reproductive object as that now spoken of (Applause). Private persons and communities have dated their prosperity ftom a a prudent and judicious loan. Besides, the resorting to a loan is often the resorting to a fair device for making posterity that shares a benefit with ourselves also share the burden attendant on that benefit. A few sessions ago, when the provincial revenue showed signs of failure, the grants for the trunk road were cut off by the Provincial Council. These grants, which were the first to he cut off, should, in my opinion, have been the last. The whole sum voted to the Road Boards, amounted only to about .£ISOO, a small sum, considering the great benefit derived from its expenditure. lam not going to advocate the taking the burden of maintaining the trunk roads from the Road Boards, and throwing it on the provincial revenue. But the maintenance of the great leading communication of the province is as essential as that of any other public work, and the districts often cannot unaided bear the burden. In all countries I believe the great leading roads are more or less the common charge. When the Waimea Road Board found itself without means of keeping up the great provincial road leading through it, owing to the cutting off its vote it was forced to the alternative of erecting a toll gate, or letting the road go out of repair. The former alternative was adopted merely as being least objectionable of the two. A great deal of good is being done in pushing roads from time to time into the agricultural valleys leading out of the home districts — thus enabling settlers to find their way into otherwise inaccessible districts. I should think it my duty, if Superintendent, to continue works of so useful a character. The subject of emigration is no longer of the importance it used to be. The gold-fields in a great measure do away with the necessity of much expenditure in this direction. Gold-fields, however, only supply us with male emigrants— and it -will be necessary to continue the judicious introduction from time to time of female emigrants, as has been the practice of the Commissioners. I have but one subject more to say anything on, and then I have done. And I might have dismissed this (the Educational system) with a passing acknowledgement of its being the ornament and boast of Nelson but for one reason. It is not to be concealed that one important, if not numerous section of the population, have alwaysthought themselves aggrieved by it, and have made many efforts, and are again making an' effort for relief. It would be both just aud politic to afford that relief if it could be done consistently with the principle on which the Education • Act is based. That principle I take to be "that a fair education be accessible to all without violation of religious liberty." I am opposed to specific grants to Catholics or any other religious bodies. Whatever is done must be in general terms equally applicable to all (applause). To show what my ideas are, and have been on this question. I will with the permission of the Rev, Father Garin, read a correspondence that took place between him and myself at the election that took place about two years ago. [Mr. Barnicoat read a correspondence that passed between himself and the Rev. Mr. Garin, in reference tp the Roman Catholic cla ms in which he informed Mr. Garin that if the repeal of the 38th clause of the

Education Act, and the substitution of alterations he had suggested would meet the views of the Roman Catholic body, he would be happy to see such alterations made in the Education Act, and to further it to the utmost of his power.] The 30th clause of the Education Act permits ratepayers to the extent of £50 to claim separation, and to demand their rates back. It also permits the Central Board to grant additional aid, or it might refuse. If refused, the rates, unaided, would not support the school, and in this case I would permit the separating body to charge fees. If aid is given, although religious instruction of any character may beimparted.it must be given at pre-arranged hours, and the school thus aided must be open to all children. If, however, this aid be refused and fees resorted to, free access to the school being thus denied, I see no mischief in giving religious instruction at any hours. If I thought this concession would effect the well-working of the act, I should not be disposed to yield it. But it appears to me no more than fair and no more than safe. I have now done (and perhaps I ought to have done before) In conclusion I will say that whoever becomes Superintendent can in this respect wish no better for himself than that he may receive a portion at least of the same candid appreciation, and of the same fair play as the late Superintendent received. An equal exemption from criticism he ought scarcely to wish for. A plain, honest, manly, out spoken opposition, whether in Council or out, is good both for Superintendent and people (applause). A subservient Council especially is a costly and rather disgraceful nullity. These are some of my opinions, and what else I have to say I shall take an early opportunity of saying. If elected I shall avail myself of the assistance of the best talent procurable. You have long had an opportunity of judging of my character and personal qualification for office. Mr. Curtis has told you that he is known at home ; but I can say what I think i 3 much more to the purpose, I am known here. (Applause.) I may mistake the means of advancing the interests of the province, but I must have the interests of the province warm at heart. I have been with you from the beginning of the settlement, and shall probably remain to the end of my life- All I have is here. lam no bird of passage, and I wish for no other and no better home. I am not and have never been a party man. I have no party to support, and certainly (latterly at any rate) have had no party to support me. Ifelected, I will give myself thoroughly and assuredly, mind and body, to my duties ; and devising, with all the assistance I can procure, measures for the good of the province. (Applause.) Perhaps I have mistaken my place in public estimation ; we shall soon see. If so, I shall retire with more alacrity than I entered into the contest. I have seen a little (but a little it is true) of office, of its vexations and responsibilities. Wherever I may be now in your esttem, I must at least have been favoured with your good opinion about two years ago, when I received 434 out of 888 votes then recorded. I must then have had a place in your estimation, and I have the proud consciousness of having done nothing to forfeit it. As a member of the Waste Lands Board, I have always joined in the policy all along adopted by it, that is, giving every encouragement to the development of mining industry by reduction of royalties to the lowest allowed bylaw — regarding dead rents as a mere device for keeping mineral leases out of the hands of idle speculators — and looking to the general increase of prosperity, consequent on mining operations, as the true source of revenue, rather than that directly derived from royalties. Having visited the Buller coal-fields, I was struck as every visitor must be with the vast store of mineral wealth lying there untouched, and the great ease with which it is to be worked. The real difficulty is to get it to the port after it is dug. The coal-field stands very high and the ascent is very rugged and difficult, and the forming any communication with the Buller Port, would no doubt be very costly. If we are not to be disappointed, we have a large and sufficient supply of good coal much nearer and much . more accessible at Pakawau. Should however the supply from this source prove insufficient, we can fall back on the boundless supply that the Buller Fields afford.

In reply to several questions put to him,

Mr. Barnicoat said he was favorable to immediate action being taken for the construction of a patent slip or dry dock, and that if a private company were to start the construction of a dry dock, he would gladly put every possible facility in their way, and aid tbem in the project as far as lay in his power. The only reason he had hesitated respecting the immediate construction of a dry dock by Government was because, from information he had lately received, it appeared that the expense of making it, would be greater than the money the Council had empowered the Superintendent to spend for that purpose. There was no other obstacle (hear, hear).

The steamer Woodpecker will leave Nelson for Motueka, to-morrow, at 8 a.m. and 1 p.m. This will give the Nelson public an opportunity of being present at the fete held to celebrate the 25th Anniversary of the settlement.

The return match between the Albion and Wakefield Cricket Clubs, will be played to-morrow, in Victory Square. Both Mr. Curtis and Mr. Barnicoat, announce their intention of addressing the electors in the country districts, at an early date; particulars of the dates of their visits appear in our advertising columns.

We learn from the Otago papers that a magnificent ball was given to the Governor by Mr. John Jones. About 230 ladies and gentlemen met in tbe Government Buildings. His Excellency opened the ball with Miss Jones. A grand supper was provided. His Excellency's reception at Waikouaiti, Totara, Oamaru, and other places was most enthusiastic, as well as in the various gold-fields towns.

This morniug, as Mr. N. T. Lockhart was in fche act of turning a horse and buggy close to his house iv Nile-street, the reins touched the horse, which attempted to bolt aud broke the shaft of the vehicle. Mr. Lockhart got out of the trap by some means, caught the horse, and, whilst doing so, sustained a severe bruise on the knee, which will not, weare glad to say, be attended with serious consequences.

F. Gr. James, late accountant to the N.Z.S.N. Co., pleaded guilty to a charge of embezzlement, in the Supreme Court of Wellington, yesterday. Mr. Hunter, chairman of the company, estimated the extent of the prisoner's defalcations to be about £143, after crediting a month's salary, due after the defalcations were discovered. The prisoner had been accountant and book-keeper for about three years, at a salary, originally of £200, and subsequently £300 per annum. The most unlimited confidence had been placed in him. The sentence of the Court was that ou each of the indictments he should be imprisoned for two years, the sentences to be concurrent. The above is abridged from the Wellington Evening Post, perfect files of which are to hand per Stormbird.

We see thafc the Nelson steamer will take excursionists to the Motueka fete tomorrow, charging only ss. for fare there and back. No doubt a great number of persons will be glad to embrace this favorable opportunity to exchange compliments with their friends on the other side of the bay.

The following items are from the Sydney Mail of the 23rd uit: — Nothing positive seems to be kuown as to the whereabouts of Clarke's gang. The district swarms with police, and the Government expenditure for horses and forage has a perceptible effect upon local prices ; but the bushrangers are either hiding, or have moved for awhile to a new district. Three bushrangers had an encounter with the police near Taralaga. Oae of them is said to have been wounded, and another, a lad of 18, wss captured. Connell, the brother of him who was shot by the police has been found guilty, and sentenced to

death.

The Wellington Evening Post says the existeuce of coal some distance up the Wanganui river has long been known, but in consequence of the unsettled state of the country, no action was taken in past years to develop *his great source of wealth. We learn from the Wanganui Times of 12th uit. that now it is proposed to organise a company, and to send out a party to test the mineral and auriferous resources of the surrounding disiricts. Our contemporary says : — The gentlemen who have taken the matter in hand will, about the end of the present week, submit a prospectus setting forth what is proposed to be done, and then convene a public meeting for the purpose of considering the manner in which operations are to be carried on, aDd enrolling the names of shareholders.

A large meeting has been held at luvercargill, at which, after an address from Mr. McClure, a resolution to thefollowing effect was moved by him, seconded by Mr. Crouch, and almost unanimously carried : " That, the present Couucil and Government having forfeited the respect and confidence of the people of Southland, a memorial be presented to his Honor the Superintendent, praying him to dissolve the same."

A new plague, says the Wood's Point Leader (Australia), has lately made its appearance, the object of attack" being principally beer barrels. A small species of beetle, of a most peculiar construction, arrived in myriads at the Alpine Brewery, a few days ago, and set to work industriously for the purpose of riddling the beer barrels. The proboscis forms an excellent gimlet, with which the little insect penetrates the hardest wood in an incredibly short time, while the hinder portion is shaped like a shovel, and is employed in getting rid of the sawdust. Their labours are most distructive, as they make a clean hole through the staves, and some of the full barrels are leaking in fifty places.

. Mr. Hall, of Mariposa, California, recently caught a Chinaman stealing his chickens, and seizing him by his tail of hair, twisted ifc rouud his neck and huug on j the Chinaman got Mr. Hall's thumb into his mouth and hung on : the result was that the Chinaman, aud Mr. Hall were found lying side by side, the former dead, the latter insensible.

The Birmingham Daily Post, in its issue of Nov. 19, 1866, thus writes of Mr Sheath, the Superintendent of the Telegraph Department of the Geueral Government of New Zealand : — lt will doubtless be of interest to our readers to know that Mr. Alfred Sheath, the Thompson, Canning, and Glass of the Telegraphic cable just laid across Cook's Strait, between the Northern and Middle Islands of New Zealand, is a Birmingham man. A native of this town, he was educated at Oscott, bufc for the last fifteen years has dropped out of sight — being during the whole of that period actively engaged in prosecuting his studies in connection with the Electric Telegraph Company and the Red Sea and Indian Telegraph Company, whose important labors have been brought to a happy issue, chiefly by Kr. Sheath's matured practical ability. Such testimony to the talent of this gentleman, coming from such a source, must be gratifying alike to him, the Government which benefits now by his labors, and the colonists amon°whom he has for years, aud, we hope, permanently thrown in his lot. — Marlborough Press.

We would call the attention of our sporting readers to the following pargraphs, which appeared in the Birmingham Journal of the Ist December : — The question in the appeal case of Boughey v. Rowbotham, arose under the 6th George IV., c. 8, s, 11 ; and it was decided by the Court of Exchequer that races held in a private field, hired by the race committee for the occassion, to which all persons had entrance on paying a sum at the gate of the field, are "public races" within the exemption of section 1 1 of the iv. George the IV., and that a licensed victualler is nofc liable to any penalty for sell iug beer by retail in a booth in such field during the races, by virtue of his ordinary license for that purpose. The action, Smith v. Littledale, tried at Chester, was brought by the owner of a horse called Jack, to recover the amount of the stakes called " The Gentleman's Stakes," at the Cheshire Hunt Steeplechase, at Tarpoxley, at which race the horse Jack won. The stewards, of whom the defendant was one, and the stakeholder, decided that the owner of Jack was not entitled to the stakes, as he had not fulfilled the conditions of tbe race. The jury, however, found tbat he had. But the Court of Common Pleas has decided thafc the action was not maintainable. The conditions of the race were that the decision of the stewards should in all cases be final, and the stewards had given their decision. The stakeholders \;ould uot be liable to au action when the terms were so stipulated, and the stewards had decided.

A Philadelphia "help," tried for larceny in August last, called witnesses to character, one of whom said "he had never heard anything against her character, as he was hard of hearing."