RESIDENT MAGISTRATE'S COURT.

Nelson Evening Mail, Volume VII, Issue 149, 24 June 1872, Page 2

RESIDENT MAGISTRATE'S COURT.

Before Lotvther Broad, Esq., E M. Eugene Joseph O'Conor v. Shephard, Luckie, Guinness, Reid, and Donne. Mr. H. Adaras appeared for the four first named. Mr. Donne appeared for himself. In reply to a question from the Bench, the Clerk stated that no official notice of discontinuance of the action had been received. The plaintiff was then called in the usual way but failed to appear. Mr. H. Adaras applied for his clients' costs, and put in copies of the summonses served on the defendants, who had i received a written notice of discontinuance only on Wednesday last, after they had been at considerable trouble in preparing their defence. His Worship said that by the 48th section of the Resident Magistrate's Act he had it in his power to allow such sum as in his discretion he might think fit. Mr. Donne stated that be had received no notice of discontinuance at all, and appeared there in obedience to the summons produced, and was prepared to go into his defence. He had been detained from Saturday the 15th inst., and would not be able to leave until Wednesday next. His Worship then ordered, that the cause be struck out, and costs were allowed as follows : — Mr. H. Adams, on behalf of his clients, Messrs. Reid and Guinness, £8 ; Solicitor's fee, £3 35.; subpoenas, 145.; total, £11 17s. Mr. Donne was allowed £10. Mr. Donne applied for immediate execution. His Worship said that he would not grant it until the solicitors, on the other side had been made aware of the order, so that if they thought fit to move for a writ of prohibition or to take other proceedings, they might have an opportunity of, doing so. If they did not move in the matter at once, be would issue a distress warrant. For remainder of news see fourth page.

A Mbechant in Geelong is about t try the experiment of shipping butter, in two-pound tins, to China. Some time since he sent some butter to Calcutta, and it paid very well. Price of Sheep. — To show the increased value of wethers, we, Wairarapa Mercury, may mention that a great many flockowners are disposing of average half-breds at 15s. to 17s. a-piece. The Queensland Government propose to establish a mail service between Batavia and Sydney, via Torres Straits, and the principal ports of Queensland, with an annual subsidy of £25,000. Me. Kobinsojst, who formerly kept the Arahura hotel, and who is sixty years of age, was wrestling on Friday last, and made a false step by which he broke his leg, and had to be taken to the Hokitika Hospital. From an Australian paper we learn that a proposal has been made by the Governor of Western Australia for the introduction of 600 Swedish immigrants, the new comers to be provided with a tract of land that shall be set apart for them, and which they are to occupy rent free. There is a hitch in the construction of the telegraph to Coromandel, in consequence of which its construction is temporarily delayed. The natives allege that though the Government have the right to cut a track they have no right to cut down any kauri timber, unless paying at the rate of 255. a tree. A claim of £100 has been preferred, but it is expected that all difficulties will be removed by the intervention of Mr. Mackay, with whom the natives are well acquainted. The Wellington Post of the 4th instant, has the following: — "Yesterday, an amusing scene occurred at one of Mr. Duncan's auction sales. Acting under instructions from the Provisional Trustee in Bankruptcy, Mr. Duncan offered for sale the Hutt omnibus, horses, and plant in the insolvent estate of Walter Brown. The sale brought together a large number of spectators, and Mr. Duncan mounted the box for the purpose of commencing the sale, but he was interrupted by Mr, Ollivier, who, on behalf of several creditors, protested against the sale proceeding. Mr. Duncan and his client, acting under the advice of Mr. Borlase, proceeded to sell, and did so after much discussion. The whole proceeding was so much enjoyed by the spectators that they at last became excited, and a number of them, seizing the bus, loaded as it was with the auctioneer, Trustee in Bankruptcy, rival lawyers, and a number of other gentlemen, quickly ran it out of the yard, down the street, and round a corner into another street, where the bus and its precious freight were allowed to remain." The Stamford Mercury lately reports a striking instance of the foolishness of going to law. The Vestry of Whitlessey quarrelled with the Isle of Ely authorities as to which should repair Briggote Bridge. The Whitlessey vestrymen resolved to go to law, and the result is that after six years' argument, the case has come to nothing. There is, however, £1500 to pay, for half of which it seems that the 27 parishioners who attend the Whitlessey vestry are personally responsible. It seems that the outlay of a few shillings would have repaired the actual damage to the bridge, and a few pounds would have put it in good repair. Captain Elisha. Freeman has been divorced from his wife in. San Francisco, on the ground of fraud practised by her in securing the marriage. Freeman alleges that, previous to his marriage, he was insane on the subject of spiritualism and believed that he navigated his ship under the direction of an old Spanish pirate. He visited the defendant (afterwards his wife), who claimed to be clairvoyant and medium, to consult her as to whether the spirits were genuine or not. She assured him they were genuine, and said further, that in two days he would see at the foot of his bed the woman he must marry. He saw at the time and place predicted the medium herself, and under the direction of the spirits interpreted through her, married her, much against his will. One this showing a divorce was granted. Freeman is wealthy. Seteee. — The writer of « Casual Notes in the Otago Daily Times thus refers to a colonial and provincial legislator :— "Mr. Mervyn uttered what he no doubt considered a dreadful threat, when he hinted that he might cause the reporters to be excluded from the Council if they continued to Yd so dreadfully critical. He will doubtless be 'surprised to learn ' that the reporters are not, at all. desirous of either listening to or reporting his maunderings, and would be exceedingly grateful to Hrn if he would take a step which would spare them much weariness, both of the flesh and spirit. To listen to Mr. Mervyn is bad enough, but to report him too maat.be excruciating. Mr. Mervyn however^ avowed his sagacity by no

writing to the Times, about his grievance, for had he done so, it; might have been discovered that he is not an authority as to spelling, although he does talk a good deal wbout education. While speaking about Mr. Mervyn, I remembar that I have nu apology to make — not to him, but about him. I find that I did ScoLland a great injustice last week in stating that she was the native country of Mr. Mervyn. This is not the case, as Mount Ida's representative was raised from elsewhere. As one who has Scotch blood in his veins, I rejoice to find that ( dear auld Scotland has been spared this indignity at least; find when I next go into the Provincial Council, and listen to Mr. Mervyn's follies, I shall do so with a lighter heart than heretolbre, beiDg spared the humiliating reflection that he could call me countryman.' " An All England Eleven.— From the Ausrtalasian of May 25, is would appear that practical steps have at length been taken in Melbourne to secure the visit of another All England Eleven to Australia. This time however, the eleven is to be formed entirely of "gentlemen players," except in the event of professional bowlers being expressly stipulated by those who select to come out, and it is made a sine qua non that the great batsman, Mr. W. G. Grace, shall be one of the eleven. In order to meet the expenses incidental to the visit, a guarantee system has been adopted, and such is the favor with which the project is viewed that fifteen or sixteen members of Melbourne clubs hay < put down their names for about £2030, whilst the East Melbourne Club guarantees £750, and the South Melbourne Club £1000, making a total £3700. It is hoped the eleven will be in Melbourne by Boxiog Day, and that they will remain in the colony about 100 days, during which time, instead of being hurried about the country like the last eleven, they will only be asked to play ten matches. A committee has been appointed to communicate with England, and seeting that it is now about nine years since Parr's team came out to the Antipodes, it is not only expected that the visit will excite a great deal of interest, but that as the Australian cricketers have considerably improved, they will be able to cope with the eleven with a creditable result.