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New Zealand Times, Volume XXXII, Issue 5035, 14 May 1877, Page 2

The Hon. Major Atkinson returned to Wellington in the Hiuemoa yesterday. The Court of Appeal opens at 11 a.m. today, but tbe session will not be a long one, only two or three cases having been set down for argument. Their Honors Mr. Justice Johnston, Mr. Justice Gillies, and Mr. Justice Williams arrived yesterday. The Supreme Court on Saturday gave judgment in the case of Hammond v. the Public Trustee, in which the point involved was whether life assurance policies (not New Zealand Government policies) were protected, at the death of assured, for the benefit of next of kin as against creditors of deceased. The language of the Act, to say the least of it, is ambiguous, and the judgment delivered by the Court will set at rest the minds of assurers and those dependent upon them. There is a possibility of the Strathnaver case (or at least another phase of the case) again presenting itself for decision by the Privy Council. On Saturday Mr. Bell, as proctor, objected to a bill of costs in the matter, involving a sum of £SOO, and mentioned that should the proceedings he sought to institute, to test the legality of the bill in the local Court, result in his being defeated, the matter would be carried to the Privy Council. Telegrams received from Masterton report that Mr. Caselberg’s fine store has been burnt to the ground, and that the branch of the Bank of New Zealand has had a very narrow escape, the whole of the front generally having been scorched and blistered, and the windows cracked. The origin of the fire seems to be unknown. Mr. Caselberg left the place about 10 o’clock, and the last person known to be in the shop left at half-past eleven. The fire broke out 3 a.m., and the residents of the township soon turned out and lent great assistance, property to the amount of about £3OOO having been saved. We believe the property destroyed was valued at £BOOO, and the insurance effected amounts to about £7OOO, the amount being very equally distributed among all the offices doing business in Wellington.

In connection with the late tidal wave on Friday, we may mention that we have been informed that a gentleman who lives near the Te Aro foreshore, on the afternoon of Sunday, 15 th April, saw the tide suddenly recede for a considerable distance, and then return to far above its usual level. During the course of the afternoon the same thing occurred eight or nine times, and so powerful was the wash as the tide returned that it sometimes flowed right over the sunken vessel on the beach near Courtenay-place. Pie mentioned the matter to several friends as being a peculiar occurrence, but took no further notice of it, and had it not been for the tidal wave of Friday very possibly the circumstance would have passed out of mind. The truth of the old adage, that a “ bird in the hand is worth two inthebush,” was, to one of the parties in the case, unpleasantly illustrated in the Bankruptcy Court on Saturday. Some time ago Mr. M. Caselberg, of Masterton, purchased for £6OOO from Messrs. Edmondson, Sellar, and lorns, who were trading together, the whole of their book debts. He paid them in bills of £6OO each, and there was an agreement that the last of the series of bills should remain in the hands of the bank manager till it was discovered whether the debts sold to Caselberg were diminished by reason of contras, mistakes in the books, &c., such diminution in value to be estimated and deducted from the last payment, so that Caselberg instead of having to pay £6OO would have to pay £6OO minus the deduction. However, Edmondson and Sellar asked Caselberg to release the bill from the custody of the bank manager, so that they might discount it, they giving him their own bill as securit3 r . Caselberg to accommodate them did so; but before this came due the firm had become bankrupt, and Caselberg found lie had given up £6OO in cash for an almost worthless £6OO bill. Then arose a point of law as to whether Caselberg could prove in the estate in respect of the £6OO bill, or only in reject of the ascertained deficiency of £353, the decision upon which will be seen in another column.

All signs of the tidal disturbances of the previous day had disappeared from the harbor on Saturday morning, and as the telegrams are silent, we may assume that the waters in the various other harbors ou the East Coast have likewise returned to their normal condition. One of the most remarkable occurrences in connection with the wave is given in the following telegram sent by the Captain of the Wellington, as follows : —“Nelson, 11th, 6.55 p.m.—The s.s. Wellington rounded Jackson Head at 7.15 a.m.; wind S.W., strong; sea smooth. At 7.30 a.m., three miles from inner rock, the ship rose on end, nearly dipped her stern under, and receded about half a mile. Apparently a tidal wave.— Chas. Lloyd, Commander.”

On Friday evening last a man named Win. Hiller was arrested on a charge of larceny. The circumstances of the case were somewhat peculiar, and reflected credit on the arresting constable, Sullivan. It appears that Constable Sullivan saw two men go down a lane opposite the New Zealand Times office, and regarding their appearance as suspicions, lie watched them. He discovered that there wore good grounds for his suspicions, for as soon as the men had got some distance down the lane they commenced inspecting some clothing, and Miller, who was one of them, took off his coat, and was proceeding to try on another, when Constable Sullivan suddenly caused himself to appear on the scene. One of the men immediately took to his heels, but the constable arrested the other, and took possession of the coat, which he afterwards found was stolen from the shop of Hr. Wilson, draper, of Willis-stroet. Hiller was brought up at the Resident Magistrate's Court on Saturday morning, and charged with stealing the coat. The prosecutor deposed that at about dusk on the previous evening he heard a noise outside the door, which induced him to look out, and then lie missed a coat. Shortly afterwards he, saw prisoner in charge of the policeman, and having the coat in his possession. Prosecutor identified the coat by the private mark of the firm. As there were two other charges against the prisoner, and the police not being prepared to proceed at once, he was remanded till Monday (to-day). There was a moderate attendance at the Odd Fellows’ Hall on Saturday evening to witness the second of the entertainments called the People’s Conceits. The performance gave satisfaction to the audience. Miss Palmer sang very sweetly, and received a fair measure of applause, as also did Mr. Bryant, who lias a very good baritone voice, bliss Power, too, contributed some excellent songs. Another concert will he given this evening.

We have received the “ Jurist” for April. The distributing reservoir at Pollhill Gully owing to the recent rain was yesterday almost overflowing its banks. Nothing has been seen of the body of the unfortunate man Louis, who was drowned in the harbor recently. This evening prizes will be given at the Skating Rink for a quarter-mile flat race and a hurdle race of tire same distance, the prize for the first being a pair of skates, and for the second a gold pin. A paragraph has been going the rounds of Northern papers to the effect that the Government had abandoned the idea of a colonial prison at Taranaki in favor of a project for erecting one at Auckland. The Taranaki Herald , however, has authority to contradict the statement.

Rumors were current on Saturday that Mr. Ingwerseu, deputy-keeper of the Mount View Lunatic Asylum, had decamped, leaving behind him a host of sorrowing creditors. A short time ago, it is alleged, lie borrowed money of everyone whom he could induce to lend, and among those unable to withstand his appeals were a female attendant and another young lady, wh<* trusted him in sums such as £24 and £35. Last week he obtained a trap and pair of horses, and took them to Canterbury. These, it is alleged, he sold, and then telegraphed to Wellington for more money. These circumstances aroused suspicion, and inquiries wore made, and in a day or two information was received which led to the belief that Ingwer-en had left the colony. We believe Dr. Skae has taken charge of the Asylum in the meantime. A scratch football match was played on the Basin Reserve on Saturday last, sides being picked by Palliser and Pollen, and after an hour and twenty minutes spirited play, resulted in a draw in favor of Palliser’s side by one “ try” and one “ touch-down” to nothing. Next Saturday, wu:ttlicr permitting, a match will be played between the old Wellington Club and a new club, “The Athletic Club.” Tills rivalship of clubs should give football this season a good impetus. We observe that the amended system of counting by points was adopted in a recent match, a try scoring 2, and a goal 5, force-downs not to count. A man named George Bruce (who on Thursday last was sentenced to forty-eight hours’ imprisonment for drunkenness), on Saturday laid an information against two men named James Webb and James Rush, for assaulting and robbing him of £2. Webb, it may be remembered, committed an assault upon Constable Darby, for which he was sentenced to two months’ imprisonment, and also bound over to keep the peace for six months. Rush was arrested on Saturday, and charged at the Resident Magistrate’s Court with assault and robbery. On the application of the sergeant, he was remanded till to-day. “Once upon a Time” was played at the Theatre Royal on Saturday evening to a fair house. The piece, as represented by the Lydia-Howarde Company, lias already been fully “noticed” in these columns, so that it is unnecessary to say anything further than to remark that the performance ' was equally as successful as on former night*. It is with regret that we have to record a repetition on Saturday evening of the snobbishness of loud talking indulged in by occasional visitors to the circle—a practice as discourteous to the audience as it must be distressing to the actors. The merited rebuke administered on this occasion by a well-known citizen was by no means out of place. This evening “ Nemesis” will be produced.

The Tini'xru Herald is becoming or trying to become prophetic, but with small success. The other day it told us all about the contents of the despatches to the Colonial Governors, directing them how to act in case of war. On Saturday it came out with the announcement that “we heard yesterday morning that a private telegram from London had been received by a gentleman in this district, informing him that war had actually been declared between Great Britain and TUissia.” The editor must be a little “mixed” when he hears these extraordinary stories. The Patca Mail says “ A woman at present resident in the immigration barracks was woke up on Saturday night by smarting pains on neck and arms. It was discovered that a small black spider had bitten her in seven or eight places, the parts swelled and the pain was intense. Hot bathing had to be resorted to, and other remedial measures applied. The effect of the bites was felt up till yesterday.” Eicciutti Garibaldi (says a contemporary), the second son of the illustrious genera], seems to have had an adventurous career lately. He is now in Melbourne, in a Government office, with a salary of £2OO a year. When he first arrived in Australia from England, with a wife —an Irish lady, to whom her father refused a dowry because she married an enemy of the Holy Father—Pdcciotti earned a precarious living by whipping coal. When at last the unhappv pair were on the verge of starvation, Kicciotti determined to lay aside his incognito and declare who he was. The Government at once gave him the place of secretary in one of the public offices, which post he has now filled for a year with all honor and glory.

The gale of which we had a slight taste last week seems to have been exceedingly severe down South. The Otepopo correspondent of the North Otago Times writes: —“A fearful S.W. gale raged" here on Wednesday night and next morning, which alarmed the inhabitants so much that many were afraid to go to bed last niirht. So violent was the wind that nearly every house is damaged more or less, while a large number of roofs have been stripped, and several chimneys blown down. The chimneys iu Dr. Smith's new house were blown down, and in their fall crashed through the roof; Hr. Henderson’s chimney was also blown down, and part of the roofing of the Athenaeum blown off. Hr. H. Fielding was building a new cottage, and had advanced so far that the walls were up and the floor laid, but the gale carried it fifty yards, and lodged it at the back door of the next house. In (act, the storm may be summed up as one of the most violent ever experienced iu the district.”