POLICE OFFICE.

New Zealander, Volume 2, Issue 83, 2 January 1847, Page 2

POLICE OFFICE.

On Tuesday, the 2lstDec, before T. Beckham, Resident Magistrate; T. R. Atkins, Inspector of Polire : * Major Patience, 65th Regt. ; and John Scott, Esq , Justices of the Peace. A case was tried of a claim by a native named Tami, living at Kawa Kawa, in Hick's, bay, against Dominique Ferraris, a resident at Auckland. The complainant sued forj£lOO, the alleged value of 110 pigs, delivered to the defendant in part payment for the schooner Diana, on, an agreement, which was produced in the couise of the investigation.* The case mainly rested on the sworn testimony of the parties to it. Their depositions weie very long, ?>nd occupied the Court until 3 o'clock The defence was, that the " agreement mentioned in distinct terms, that the consideration for the vessel should be 170 pigs, each weighing "24olbs., after deducting one-fifth, for offal, that is^to say, that each pig should weigh 300lbs. alive, and that the time specified, six months, had notjet expired — while the actual weight of the 110 pigs delivered, if calculated at the rate of 300lbs. for a pig, would only give 30 pigs, so that there were still 140 pigs due. The complainant said, that he .understood when he signed the agreement, which was explained to him by the defendant— tho-only person presentwho understood Maori— that he wks to deliver 170 pigs, and that they were to be "large," that he understood nothing about weight, nor did he know what was the weight of the pigs actually delivered. That ho was read/with the other 60 pigs, but that defendant u ould not go for them j and that he felt that if the other 60 pigs were received l>y defendant, that he would have completed his part of the agreement. That the defendant had brought him lo Auckland, and then turned him ashore, refusing to take him back, or. to complete his agreement. The defendant employed Mr.Barlley,w ho although not allowed to address the Court, cxci ted himself with his usual ability in eliciting any evidence favourable to his client. As the Court bad no means of judging what quantity had been actually delivered, they would take the defendant's own account of the weight, but would put a value of 2d. per pound on it, which sum, amounting to jg66 16s. 6d., they oidered should be paid on the 20th February next, the day on which the agreement would have expired ; that any pigs that might be delivered in the meantime in ignorance of the decision of the Court, should be paid for at the same rate j and that execution should be delayed until the 20th February, upon defendant giving security for the pa)ment. The sale, however, took place on Wednesday, in consequence, we believe, of the party holding the register of the. vessel refusing to give it up, and the poor man was completely sold out, even to his bed a.d bedding. The vessel itself was finally put up, when the Auctioneer warned his audience that the register was in another person's hands, who refused togive it up, and that, consequently, the purchaser would buy it on that understanding; and concluded this statement by saying, that he should put the vessel up at £85, havmg had a bid to that amount A gentlemen present requested to know who was bidding, or ■who had offered that sum. The Auctioneer replied, that he was authorzed to bid to that amount for the Natives ! He was then asked, who represented the Natives in the matter, and in reply said that he was authorized to offer tha^ sum by Mr. Charles Davis. This announcement caused a great sensation, and as no one present offered to bid, the vessel was knocked down to Mr. Charles Davis, the Government Interpreter ! We hardly like to express our feelings on this subject ; but as we have stated the facts of the occurrence, we leave others to ponder upon it. If this is a specimen of the justice, to be awarded under the new system, we had much better suffer the inconveniences of the' old. 1 f no othe'f course remained but to sell the effects of Dominique, surely the Government should not have giveu occasion to the suspicious which wijl inevitably be created in the public mind, by appearing, or authorizing any one to appear, as a competitor for the

Vessel. The result of this affair as it now stards, is this— the Natives have not only got payment for the pigs delivered, but have got t\e vessel for a portion of the payment they agreed to give, and in addition have deprived Dominique of everything he possessed in the world. Our readers will give us ci edit for having at all times (advocated strict and impartial justice to the Natives, and, therefore, we shall not he accused, in the preBent instance, of betraying an insensibility to their interests ; we ever feel indignant when they are imposed upon and deceived, but, at the same time, we cannot look upon the sacrifice of a poor man, and he too a foreigner, with indifference.

Examination of Land Cl vims.— Major Matson's appointment to the office of Commissioner for Examining into claims to Land, has already been noticed. W e are not aware of the time when he will open his Court, but it has occurred to us that, if it is intended to do so immediately, many of the parties who may be desirous of having their claims investigated, will be subjected to very serious inconvenience in consequence of the absence of a material witness, Mr. Mem-ant, who acted as AgeuUtt-thc^offotiotinn nf ahnt»f^it-the-pnrchTtreB that were effected in the neighbourhood of liemuera. Mr Meurant accompanied His Excellency in the Driver to Wellington. Probabty it did not occur to the Governor that his presence would be needed in the investigation of these claims, or his place would have been supplied by one of the other interpreters. At all events, claimants may rest assured that Major Matson will not allow this circumstance to prejudice their interests. Sunday School Anniversary and Festival. — On Sunday last the annual sermons were preached in the Wesleynn Chapel on behalf of the Wesleyan Sunday School, and the children examined as to there progress in Christian knowledge. The children acquitted themselves very creditably, and ga\e satisfactory proof of the attention bestowed upon them by their Toachets ; Duting the evening's examination, considerable interest was excited by the correct and pleasing manner in which »ome of the scholars of the Native Institution, repeated portions of the English Scriptures : a pleasing evidence of the progress they are making in our language. — Collections, in aid of the funds of the School, were made, after both the morning and evening services.— On the afternoon of the following day (Monday) we were gralifi -d with one of those sights which never fail to produce pleasurable emotions in every well regulated benevolent mind. The children of the School assembled in the chapel yard, and were feasted to their heart's content with cake and milk. The happy little urchins appeared to do ample justice to the good cheer, and were evidently highly delighted with their entertainment. Fortunately for them, the weather, which had been threatening in the morning, cleared off, the showers that fell in the earlier part of the day making it delightfully cool and pleasant. A goodly sprinkling of the parents and friends of youth were present, and°all seemed to take a lively interest in the scene. After the refreshments and the succeeding spoits were over, the joyous groups weie marshalled to their respective scats in the chapel, and suitable reward books distributed, by the Rev. W. Lawry, to the must deservin". The llov. Chairman then delivered an appropriate address to both children and parents ; after which the Rev. T. Buddie concluded by prayer, and the children separated. Ths friends of this Institution will bear in mind, that a Tea Meeting will be held in the Mechanics' Institute, on Monday evening-next, at 7 o'clock. It is hoped that the attendance will be numerous. Total Abstinence Sociriy — A" Meeting of this Society was held last evening, in the Hall of the Mechanics' Institute. Mr. M'Nair Vice- President occupied the chair, and the attendance was numerous, A very sensible and interesting address was delivered by Mr. Rowe from Kawau, one of the energetic promoters of the cause of Temperance amongst the miners of that Island. At the close of the Meeting several new members were enrolled. We learn, that thr- house and demesne of Mr. Donnelly has changed hands within these few days, having been purchased from Messrs. Connell and Ridings, by our new Land Commissioner, Major Matson, 11. M. 58th Regt., for about live hundred pounds. We believe that Mr. Donnelly has disposed of this beautifully situated property, in consequence of his deteimination to devote his time more exclusively to professional avocations in Auckland.