DUNEDIN. (From our own Correspondent.) December 25th, 1864.

North Otago Times, Volume II, Issue 45, 29 December 1864, Page 3

DUNEDIN. (From our own Correspondent.) December 25th, 1864.

Cases of assault and battery have lately been very prominent subjects of conversation amongst the good folks of Dunedin. The luckless Editor of the " Saturday Review " is surely sighing for a return of that obscurity against which he lately repined. To all appearances his literary honors are more like kicks than half-pence. Men have found out that like all other bullies he is an arrant coward, and take a delight in lifting their fists at him in order to see how he winces. Two or three weeks ago a hot-headed inspector of police gave him a thrashing. Grant had called him a " gilded toy " — that was nothing new, but in the particular review at which Mr Morton took umbrage he had indulged in a series of personalities, which were no doubt annoying enough to their object, but which he would have done^ better to take no notice of. The article was merely a string of personal abuse, vulgar and malicious, but without a sting of wit or point of satire. Mr Morton, however, felt it his duty to break the peace, and Mr Grant intends to make him pay for it. After fruitless endeavors to obtain hush-money from his flagellator he is now raising a subscription to defray the expenses of a civil action. When Mr Grant raises a subscription he does it with flourish of trumpets ; a very considerable concourse assembled on the Octagon at the instance of a red-coated bellman, on Monday last, to hear the injured Editor narrate the story of his wrongs, and dispersed with much activity when the hat was sent round. How much was raised on the occasion I did not hear, but it is understood that the action is set on foot. This is a case for the jury " ifi posse," but two others which have excited far more interest have been tried during the week. M'Combe versus Martin was the first of these. Your readers know the circumstances out of which it arose. To give them an idea of what passed at this lengthy trial is beyond my powers. Seven or eight columns of the " Daily Times " were devoted the next day to a closely printed report

of it. The Court was crowded all day. The plaintiff having been deprived of the opportunity of spreading before the eager noses of the public a whole dunghill of scandal, which he had raked together for nis defence against the prosecution instituted by Mr Edwards, used his best endeavor to introduce as much of it in his case against Mr Martin as he could. He was not successful in his " role " as " the injured innocent." The battery was not denied and of course he got a verdict — that flue old verdict in which British juries seem to delight, " damages one farthing." The defendant, I believe, had hardly expected to come off so easily. That the assault on M'Combe in the theatre was injudicious there can be no doubt. But the blood of many men was warm at the time, and if Mr Martin had with-held his hand others would have taken up the cause. There is, in fact, nothing but lynch law for a slanderer of women. The most Draconian code could not take hold of him and give him his deserts. If Mr Martin had been lett to fight his own battle M'Combe would probably have slunk away and let the matter drop. But the cause was taken up with more zeal than sense by another gentleman who administered a most unjustifiable mauling to the luckless scribbler of the " School for Scandal." Much wonder has been excited that this gentleman was not pursued for damages also, and the popular tale is that when the writ is sent after him he is ahrays " non est inventus." What truth there is in the rumour I cannot say, but it sounds raiher improbable to those who know the man. The case whi<h followed this was one which we thought we tod heard the last of long ago. " Henderson v. fones " and " Jones v. Henderson " were crossactions for assault which excited no little attentitti at the time when they were heard before tin present Superintendent (then our Resident Magistrate and District Judge). So interesting Avas he affair considered that no less than twelve magistrates thought it necessary to assist His Hono* to arrive at a judgment on the occasion. By tie decision of a majority of them the cases were d?missed after the parties had been bound over to jeep the peace for twelve months. Mr Harris, MrChitten, Mr Reynolds, the late Mr Kettle, and D Purdie would* have committed one or both o' them for trial, but they were over-ruled, faptain Henderson has nursed his wrongs ever sice. Mr Jones' wealth had influenced the bnch — of that he was sure. His rage at the tine new no bounds. He would show the magistrate of Otago that justice could not be denied to a Bitish subject, with impunity. Obtaining no nlress from the Governor, he applied to the Secretary of State for the Colonies. His efforts ap>ear to have only brought him fresh disappointments. Failing in every attempt he tried the " Prss," bu t the " Press" was craven as the Magistrates— neither " Times " nor " Telegraph would champion his cause, and there was no • Saturday Review" to stand up for the rights of tie oppressed. Had he only waited a little longer, and poured his sorrows into the willing ears ofMr Grant, who knows what might have come of it ? As it was, he tried his last resource and Irought a civil action against Mr Jones. The rsult will ever remain, to his mind, a standing mmument of the venality of Otago Jurors. Theydid not even treat him as well as Mr M'Combe. No bright brass farthing will he be able to chenh in his writing desk ; the reward of four years' sarch after justice " Verdict for the defendant "was the knell of his last chance. Many of yourreaders are acquainted with the circumstances (at of which this suit arose. Capt. Henderson to Otago in the Chile, in 1860, and one of Ks fellow passengers was a son of Mr Jones, to wiom he took a violent dislike, with or without cluse the evidence does not show. Of this young nin, he is said to have remarked that "it was a pty Shaw, Savill and Co., had not provided a cell )n board to keep the son of a convict in," for jwhich remark Mr Jones had an undoubted right \o thrash him, if such a right can in any way accrue to a man. Some time after landing he lid occasion to call for a letter at Mr Jones' offic — the two met and a little row ensued. Each paky says that the other was the first aggressor, ant Mr Jones is borne out on his side by Mr Gilliesbefore whom the first information was laid. Mr tfillies says that Capt. Henderson acknowledged lhat he raised his umbrella in a threatening ma&ier before Mr Jones struck him. This Capt. Henderson has since persistently denied, boti as to the fact, and as to having made such a statement to Mr Gillies. The jury believed Mr Gillies, and hence the verdict. The other special jury cases heard last week were also of inter^t. The late Government storekeeper, Mr H, R. Steavenson, sued the Superintendent for £208 6s 8d (being four months' salary), as <amages for wrongful dismissal. Several poirts were raised at this trial which will have to be decided by the Judges in chambers, and in thi end a verdict was taken for the plaintiff, subjec 1 to the settlement of these points. The other ca\e was a very curious one. One James Waite deported £480 in the Union Bank, and cheque for^£4G7 was paid by the bank, which the plaintifideclared to be a forgery. The jury disbelieved b,m, and found for the defendants. The whole affair is very curious, but I have not room to relate them more fully. The most singular part of the Jjatter is, that the bank could not trace to whom iie payment was made. The first annual distrilution of prizes at the High School came off on \\ednesday, and proved to be a very interesting celemony. Mr Dillon Bell's second son distinguished himself highly, and carried off two handsome prizes given by the proprietors of the " Daily Timep," one for the best English essay, and the ot\er for stenography. The subject of the essay (whJch is printed in the " Times ") is " The English Kavy in the reign of Elizabeth." The successful essayist is only twelve years of age.