SUPREME COURT.

Nelson Evening Mail, Volume VIII, Issue 207, 28 August 1873, Page 2

SUPREME COURT.

CIVIL SITTINGS. [Before his Honor Mr. Justice Richmond.] Eyes v. Henderson. Yesterday. Eleanor Eyes (cross-examined) : I naturally was much aggravated by Mr Eyes improper connection with Charlotte Johnson. Whenever the matter was alluded to it produced irritation ou my part and led to serious squabbles between myself and my husband. I fully believed that it was his intention to leave me for her I felt sure that he would do so, because he so frequently threatened it. I felt uncomfortable and uneasy about the matter when he was absent in Wellington in 1871, although 1 did not know that the connection was still being carried on. He sometimes brought me back presentsfrom Wellington, such aB trinkets, dresses, and articles of clothing for the children, and said they came from her. I accepted them. He told me in a taunting manner that she had sent them, and afterwards would ask me how I coald be so silly as to believe him. Since first I knew about his connection with her there were frequent squabbles and unpleasantnesses between us. When he told me she was coming to Blenheim he said I need not be jealous about her, that he had had money from her, that she had let him have £2000, and was coming to see about it. I was angry, and high words passed between us. On the Sunday when I went to Picton, I did not hear until I returned home in the evening that the girl had arrived in Blenheim. I was first told of it by the servant when I got back. Until Charlotte Johnson first came to Pictoa there had been no unpleasantness between my husband and myself about her. It was three weeks before her arrival that he pushed me against the staircase and bruised my back. Ke-examined: Mr Eyes used to bring me presents from Wellington before I knew anything about his connection with this woman. Up to March, 1872, he professed that the connection was at an end, hut he did not pretend that it was so after that time. It was from that date that our squabbles commenced. This concluded Mr Eyes' evidence, and the Court then adjourned until This Day. Harriet Iteigster: I was servant at Mrs Eyes' the latter part of last year. I heard conversations between Mr and Mrs Eyes. He was constantly alluding to some woman, but never mentioned her name. He said she was living in Wellington, and that he should go to her any time he liked, without asking anybody. He told Mrs Eyes one day that she was coming to Blenheim, but she need not be jealous. Before the end of the week she came. He said he would walk arm-in-arm with her through Blenheim, and did not care who saw them. He did not say why she was coming. I remember Charlotte Johnson coming to Blenheim. Mrs Eyes was in Picton on that day. On the following Saturday Mr Eyes asked how much he owed me, and told me to pack up my things and leave, as he was going to lock up the house. He asked me where Mrs Eyes was, I told him she hid gone out and would be back that night. She came back iu the evening aud asked me what was the matter. I told her I had been ordered to leave, when she said " What a shame, William, to turn her out on such a night." He replied, I don't want to have anything more to say to you, and went away and did not return till 5 o'clock on Monday morning. Mrs Eyes slept at Mrs Muller'a that night, and lat Mrs Humphries. I returned on the Tuesday morning, when Mr Eyes met me and told me to go. While I was getting ready to go Mrs Eyes came in, and he told her to pack up her things and be off or he would kick her out. I left that morning. Mrs Eyes lived very unhappily while I was with her. This was on account of the person to whom Mr Eyes was always alluding. I never saw Mrs Eyes use violence to her husband. From the conversations between them, I was led to believe that an improper intimacy existed between him and the person alluded to. Cross-examined': Mrs Eyes told me on the Sunday evening that a half-caste woman had come through from Picton. I went ont on Mon-

day evening, and returned at 6 o'clock on Tuesday morning, and found Mr Eyes there. He was angry with me for having slept out of the house. There was always a great deal of violent quarrelling between Mr and Mrs Eyes whenever the woman was spoken about. Re-examined : The quarrels sometimes commenced about the woman, and sometimes about other things. Agnes Warner : I live in High- street, Blenheim. I know Mr Eye3. I remember seeing him go info Lawrence's on a Sunday afternoon. I was walking up and down for about an hour after he went in with a baby in my arms. I did not see him come out. He could have gone out at the hack, but not the front way without my seeing him. Next day I heard that Miss Johnson had come through. I had heard Mr Eyes and the woman talked about before. I frequently saw her during her stay in Blenheim. . There was a great talk about her and Mr Eyes on the day after she came, and effigies were burnt in their honor. There were a good many people present. A public meeting was held a few days later. I saw Mr Eyes about nine o'clock that evening. He was coming out of the shop door at Lawrence's. Mr Lawrence came out a few minutes before him, looked up and down the street, and went back. Mr Eyes came out immediately after. He passed close by me. I remember the night of the 18th November. I saw a man named John Smith near my door. I saw another man about twenty yards away. It was Mr Eye3. He went to Lawrence's, and knocked at the door, and somebody said "Oh it's you." I could see it was Mr Eyes by the light from Pritchard's. After that I saw Mr Eyes leave Lawrence's several timas in the morning, generally about half-past nine. On the evening of the 19th Mr Robinson was with Mr Eyes. They walked up to Lawrence's, and parted there, after which Mr Eyes went in. About Christmas on a Saturday afternoon, I saw Mr Eyes go to Lawrence's. I had not seen him go in there so much before Charlotte Johnson came, and therefore regarded it as unusual. Cross-examined : I was asked by Mr Eyes before the Commission whether I was not a charwoman. I thought it very insulting. I never told Mrs Dempsey I would make it hot for him. When Mr Eyes parted from Mr Robinson he went in to Lawrence's openly. I saw him come out openly too. I told the Commissioners when he came from behind the reaping machine he crept across on tiptoe. A female voice asked, Who is there, before he was admitted, and then said Oh ! it's you. This was the only occasion in which there was concealment. It was about half-past nine or ten. It was dark. I was standing at the door Mr Smith asked me if J. saw any one pass. IsaidfJo, but there is someone behind the machine. He said it was Mr Eyes. He went to Prichard's. When he came hack I said I saw Mr Eyes go in. He did not say "He has dodged us this time." I never saw Mr Eyes in company with the girl, Lawrence's house stands back from ours. I could not see anyone at his door when standing at mine. Mr Eyes and Mr Robinson were talking as they passed me. They could see me. Mr Eyes turned in quite naturally. I never mentioned any of these matters to Mr Henderson before the public meeting. Re-examined: I had given the greater part of my evidence before the Commissioners before Mr Eyes asked me whether I was a charwoman. I had given then evidence very much the same as now. By just going one pace from my door I can see Lawrence's. Mary Ann Pritchard, wife of Henry Pritchard, carter: I live at Blenheim, next door to Lawrence. I have seen Miss Johnson at Blenheim. She came there there on a Sunday and went to Lawrence's. It was about half-past four. She came in a trap closed in all round. On the following morning I saw Mr Eyes coming out of Lawrence's back premises. He passed through our yard. About a week or a fortnight later I saw Mr Eye9 cere out of Lawrence's back premises in the afternoon. I have lived there three years. I never saw Mr Eyes come out that way before. Cross-examined: Mr Lawrence has some savage dogs. lam quite sure of the time when I saw Mr Eyes, because I was getting the children ready for school. I did not see him again that morning. My husband was present at the public meeting. John Smith: I am a tinsmith living in Blenheim. The front of my premises is at the back of Lawrence's, I remember Charlotte Johnßon coming to Lawrence's. I had heard before that she was coming. There was quite an excitement about it. I remember effigies being burnt nearly opposite Lawrence's. There were a good many persons present. The excitement continued during the week. I and some others went to Mr Henderson about the matter. I remember the night of the 18th November. I saw Mr Eyes that night about 10 o'clock on the Maxwell Road. He was coming into tewn. I turned back to see where he was going. I followed him to Taylor's shop, opposite Lawrence's. He went behind a reaping machine that was standing in front of Taylor's. I went to Pritchard's to get a lantern, I spoke to Mrs Warner on the way. He was gone when I got back. I have not the slightest doubt it was Mr Eyes. I saw him again on the following night near Lawrence's. Robinson was with him. It was about 10. Mr Eyes went into Lawrence's, and Robinson towards his own place. He went in at the private door; I saw him come out once at 9 in the morning when Miss Johnson was staying there. . Cross-examined : I saw Miss Johnson in Lawrence's hack yard on the Sunday she arrived. I don't'remember telling the Commissioners that it was not till the next day I saw her. I said I put it down in a memorandum book at the time. I was disturbed about the matter on moral grounds. I have been lately convicted of drunkenness. I lately had a quarrel with my wife which induced her to leave me. It was made up again between ourselves. I told some people of the woman's arrival, and said we must put this sort of thing down. I knew nothing about the effigies until they were being burnt. I had nothing to do with calling the public meeting beyond going to Mr Henderson. I wanted the lantern to let Mr Eyes see me. It was a very dark night. I might see five yards. I did not go to the reaping machine when I went back. Mrs Warner told me he was gone, I had told her to watch till I came back. There was no attempt at concealment on : other times. I and others kept a pretty close watch on Mr Eyes, and the result was that I saw him go under a reaping machine once, and go boldly into Lawrence's another time. I might have told the Commissioners I saw Mr Eyes come out of Lawrence's several times. % can't say which is true, what I said then or what I said just now that I only saw him once. I put a lot of dates connected with this matter down in a book. I was frequently watching Lawrence's <o see what waß going on. I might have asked the neighbors to keep a look out. Re-examined : I never have been separated from my wife. Once she went away all night. I was taken up for being drunk at the flood time. We could not work there for two or three days, so we got some drink. James Gorrie : I have lived for twelve years at Blenheim. Heard rumors about Mr Ejes and a half caste girl in 1872. I have been a political supporter of Mr Eyes. I heard in October last that Miss Johnson was coming to Blenheim. I saw a covered coach go to Lawrence's in the afternoon of Sunday, 20th October. The next morning I heard she had arrived . It was the common talk of the place. I was in the street on Monday evening. There were a good many people congregated in Market Square. There was a policeman recommending them not lo create any disturbance, On the next evening the people were more excited, and burnt effigies near Lawrence's. They were supposed to represent Mr Eyes and the Maori girl.gjgThere was a great disturbance during the night, and groaning and hissing Mr Eyes, and the girl, and Lawrence. The excitement has not subsided yet. On the lollowing Saturday there was to be an open air meeting to censure Mr Eyes, but it was wet, and it di t not come off, A meeting was held on the Monday. Mr Henderson was asked to preside. He took no part whatever in the previous proeedings. We tried to get the Provincial Hall,

but did not succeed. It was a very orderly meeting. The excitement was temporarily allayed by the meeting. In consequence of seeing Mr Henderson on the Ist January, I went to Lawrence's. I saw hioj. I did not see Mr Eyes though I went to look for him. Cross-examined: ' I spoke to a good many people about this affair. Tbe scandal crept inro ihe houses like dust. I felt very acutely on tbe subject. I made a speech at the meeting. lam rather good at that sort of thing:. I spoke strongly on the subject. I acted as. a kind of Master of Ceremonies at the effigy burning. Henry Dodson: I am a merchant resid'n at Blenheim, where I have lived for sixteen years. I have taken a prominent part in politics I was member of the Provincial Council during Mr Eyes' Superintendency. He and I always pulled together. I remember the Council meeting in 1889. I proposed Mr Eyes as Superintendent. Mr Eyes never got me out of a Ecrape relative to an indecent assault. I was never charged with one. In 1862 I was charged with a common assault, but it never went into Court. Mr Eyes had nothing to do with keeping it out, nor did I pay any money to do so. If Mr Eyes swore that about 1869 he was the means of preventing such a charge being brought against me, he told a wicked lie. In 1869 I heard from Mr Eyes of his intimacy with Charlotte, Johnson. I remember her coming to Blenheim. I had heard beforehand, as a matter of rumor that she wan coming. It was the talk of the town the day after she came I bad nothing to do with getting up the meeting. I attended it and spoke there Thete waH great excitement at Bienhtim at the time. I feared there would be some disturbance, but things began to get quieter when it was known there was to be a meeting. I was present at the enquiry. David Watson was called to prove impro er intimacy at Picton. Mr Eyes denied ic. I heard Harriet Register speak of hia absence from home at nights. He replied that he could not be expected to state where he was every night. 1 can see from my store to Lawrence's. I was at my door on the 28th of December. I saw Mr Eyes go into Lawrence's store. I kept an eye upon the place. Lawrence came out immediately and walked up and down in front. I watched for 40 minutes, during which time Mr Eyes did not come out nor Lawrence go in. I saw Mr Eyes go there a&ain in January. I watched an hour then, and he did not come out. The letter produced is, I am certain, in Mr Eyes' hand' writing. Cross-examined : I assisted in getting up the petition, and so did Mr Henderson. The petition was not published iD the newspaper with my authority. I was charged by a woman named Davis, iu 1862, with an assault. It was not an indecent assault. It consisted simply of this that I asked her to get up on my horse. I told the facts to her husband in her presence, and he made her withdraw it. George Henderson, cross-examined : I have been 13 years at Blenheim. I was manager of Mr Symons' store. I have been living there out of business for three years. I frequently;! had business intercourse with Mr Eyes while I was at the store. He and I always got on pretty well together. I abstained from politics while in business. Since then I have taken an interest in local matters. For some years past there have

been rumors nbout Mr Eyes and the half-caste girl, lhe first time I took any part hostile to Mr Eyes was on the occasion of his election to the House. The main ground of my objections to him was hi3 grossly immoral character. Mr. Eyes wa*} elected. Eater in the year he became Commissioner of Crown Lands. In 1872 we heard he was to be Resident Magistrate. I considered that such an appointment, with the reputation attached to him, would have been a disgrace to the district, and I went to Wellington and protested against it. Mr Gisborne said " Oh, we k"ovr aU about that, but he had given it up now" He was not appointed. I never took any step to deprive him of any of his other offices. After she first came to Ficton there were rumors abroad that she was coming to Blenheim. ■ I heard of Charlotte Johnson's ariival on the night she oame. I took no part in auy of the proceedings connected with her during the week nfter her arrival. I he**rd that Mr Eyes had gone to Lawrence's on the Sunday afternoon, and was not seen again till Monday morning. Tbe first communication I had with Mrs Eyes on the matter was m January, just before the Commission. Mr Henderson was still under cross-examina-tion when we went to press.

The Timet says ; — Severe frosts have caused many people to poll wry faces, and move with unusual alacrity during the last few weeks, but they have also opened up a new source of amusement which is welcomed by many who like to pedeetrianise before breakfast. Recently some twenty or thirty early "birds" have banished indigestion, and otherwise benefit themselves by skating on a swamp of good circumference in the vicinity of Ross Creek, Flagstaff Hill, Dunedin. There the ice has been found to be more than a foot in thickness, and not a few have tested its strength, and drawn down upon themselves hearty peals of laughter, by sudden tly measuring their length on its unyielding surface. The Australian Gazette, published in London, speaking of the necessity of a steady stream of immigration flowing into New Zealand, says : — " There is the soil, its fertility, its mining wealth, the happy climatic mean, the immense Beaboard, with all its commercial facilities, the practically unlimited Bupply of land, the railways, with comparatively now very little to carry, but ready to carry to any extent, and, in effect, all that constitutes a propressive, solvent, and prosperous country — the population alone excepted. Herein lies the true peril of New Zealand. It is a deficiency of persons to enjoy and multiply the great things with which Nature has so richly endowed these favoured islands. When the labourer sets foot in the country, his creative power must be made available — employment, in a word, must be waiting for him. Then we shall have no round men in square holes. Money will beget money, and all the fears will vanish with the morning mists of a New Zealand sun." New South Wales, during the past 17 years, has expended upon her railways £6,000,000, and has now completed 358 miles. The capital was borrowed at the rate of 5 per cent., and the interest yielded is at tbe rate of 2,688 per cent. The net result shows that the railways involve the the State In an annual loss of £150,000. At first sight this may seem a some what discouraging result j but a further inquiry into the working of the railway system in that colony shows very conclusively that New South Wales is largely the gainer from the presence of railways. It is shown that large profits have been derived both by tbe Government and private owners from tbe sale of lands enhanced in value in consequence of the greater facilities for the transit of cattle and produce of all kinds since their construction. There is also the consideration that the railways are aiding in developing the various resources of the country, and population in consequence has greatly increased. The mining interest in New South Wales has greatly extended since railways were introduced; and' this, it is admitted, has contributed materially to increase the trade and swell the revenue of the colony. The results of the statement, therefore, says the Sydney Morning Herald, " showing the working of our railway system, taking all these matters into consideration, are by no means unsatisfactory or discouraging." A curious story came from Sandhurst as to the duties sometimes expected from mining managers. A company was sinking to find the reef, and expected every day to strike it. When the reef was struck, the value of shares would rise at once. The directors thought it was quite fair to get a little advantage out of their positions by trying to secure early and exclusive knowledge of the strike, so that they might have an opportunity of turning this to the best account. So they ordered the mining manager, directly the reef was touched, to call them together, under pretence of summonsing a meeting "to consider a leak in the boiler." The reef was struck, and the mining manager went about from house to house of the directors to acquaint them of the fact. He was unable, unhappily, to go to all at once, and on coming to one of the houses last visited, the director sadly told him that "it was too late. He had sold 300 shares within the last half hour." The high spirit of the director could not brook being " picked up " in this way, and the more he meditated over his wrongs the more determined he became that the manager should be punished. So a meeting was called, at which it was determined to get rid of him, and the first intimation the mining manager had of the matter was receiving, while at his works a summary notice of dismissal. M. M. Roux and Serrin have recently conducted, for the French Government, a series of experiments as to the effects of dynamite. They affirm (1) that dynamite accidentally inflamed — as when happening to be in the middle of a fire — will not detonate j (2) that it might produce an explosion of the second order, similar to that of gunpowder ; (3) that the maximum of intensity of this explosion — a maximum obtained when the sides of the enclosing case present great resistance — would be such that one of nitre-glycerine would represent two of powder. They cite an experiment as proving that it is only by a percussion of sufficient intensity that detonation, or explosion of the first order, can be produced. The fact of two kinds of explosion, so different, produced by dynamite, explains how matters of this nature containing the same proportion of nitre-glycerine may have very unequal

force for causing rupture. Dynamite is more powerful in proportion as it is more inflamed through shock. Where this takes place readily, the effect of percussion is transmitted immediately through the whole mass. This is the case with quartzy sand. Where, on the contrary, the substance is readily inflamed, the action is incompletely transmitted, only a part of the mass detonates, the rest acting by simple explosion. This is the .case in dynamite prepared with plastic matters, ochre, and such like material.