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New Zealand Times, Volume XXXIII, Issue 5401, 19 July 1878, Page 4

In the report which appeared in yesterday's Times, giving some particulars of the interview members of the Education Board had on the previous day with the Hon. Mr. Ballanoe, ■there appeared them words : —“Members of the .deputation said they, had reasons for believing that the Court would hold that the conduct of Mr. Doherty would come within the statutory meaning of ‘gross misbehavior.’” No one would suppose that the mere expression, “ they had reasons for believing that the Court would, &c,,” meant that any of the deputation were in the confidence of one or more of the Judges, and had received some assurance that the Court would upset the verdict; yet in a letter to the Evening Post of yesterday Mr. Barton says :—“ Now, sir, the only sufficient reasons ’ the members could have for so believing would he that one or both the Judges had said so to the members of the Board, or to some one who had told them. Judgo Richmond certainly did not say so at the trial. Where, when, and to whom did either or both of the Judges make this prophecy of their future judgment.” This is straining the meaning of language to so great a degree that it is not easy to understand how,a gentleman of Mr. Barton's astuteness could for one moment suppose that members of the deputation meant anything of the sort ; and it is -less easy to understand how he could imagine that anyone else would agree with him. Mr. Barton asks the question, “ Where, when; and to whom did .either or both of the J udges make the prophecy, of their future judgment.” The learned counsel knows perfectly that he,_ as ■Veil as anybody else, could in all sincerity, and without making the least inquiry, answer, “ Nowhere; never, nobody.” He cannot believe that any one of the Judges would be guilty of such a piece of judicial impropriety as to confer privately with a party to a suit respecting judgment to be given. The whole letter evidences a most peculiar facility on the writer's part for seeing evil where none exists, when a Judge of the Supreme Court of the colony is concerned. Fortunately for Mr. Barton’s peace of mind, we can inform him where some of the 'members of the Board found reasons for the faith which they expressed. During the interview they asked the attention of the Minister for Education to the following portion of Mr. Justice Richmond’s summing-up: ing whether or not this amounts to gross misbehavior, you must have regard to the words of the statute. It is not the question whether it is gross misbehavior in _ the abstract, or standing alone, but gross misbehavior witlju the meaning of the 47th section of the Education Act, 1877. I think, under that, gross misbehavior is something different from immoral conduct. No doubt, if the words immoral conduct had not been there, the jury might have said—‘ We do not think a man grossly misbehaves himself unless he does something criminal, misconducts himself with the pupils, or otherwise.’ But here you must look upon it as something different from immoral conduct. Therefore, if you find it was gross misbehavior, you will not'Stigmatise this gentleman as being guilty of , immoral conduct. It is in fact gross misbehavior within the meaning of ’ the statute. X must alter the issue to this effect, by adding the words ‘.within the meaning of the Education Act, 1877, section 47.’ ” This was one reason they had for supposing that the Court would not uphold the verdict, and although to us it appears a fallacious inference, yet members of the Board regarded it as an indication of what the Court would decide. Another reason was that they had been so advised by their solicitor. This very short explanation causes to vanish the mirage of treachery which Mr. Barton, saw. He was deceived by an optical and now that the atmosphere lias been cleared and he is enabled to see things as they are, instead of upside down, he will it is to be hoped write another letter, to our evening contemporary, expressing his regret at having made such utterly unfounded imputations upon the honor of the Court.

A RETURN of the Customs revenue at the several ports of Now Zealand during the quarter ended 30th June, 1878, is published in yesterday’s Gazette, together with those of the corresponding quarter of 1877. The receipts at the chief ports were as follows:

The total revenue at all ports for the quarter ended 30th June, 1878, was £303,544; and for the corresponding quarter of 1877, £303,550. The total returns for the financial'year ended 30th June, 1878, are set down at £1,274,458. These returns appear to show the very large increase of some £70,000 on the estimated Customs revenue of the year.

A New Zealand Gazette issued yesterday contains returns of the quantity and value of gold entered for duty for exportation from the colony from the Ist April, 1857, to 30th June, 1878,, by which it appears that during that period 8,826,7950z5. have been so entered, the total value of which is set down at £34,476,485. The returns of the quantity and value of gold exporled from New Zealand for, the half-year ended 30th June, 1878, and for the cprresponding period of 1877, were as follows ;

The Registrar-General’s report on the vital statistics of the boroughs of Auckland, Thames, Wellington, Nelson, Christchurch, Dunedin, and Hokitika, during the month of June, 1878, is published in yesterday’s Gazette. The following particulars' are given:—

The births Were 24 fewer than in May. The deaths were 4 less in number than the deaths in May, Of the deaths, males contributed 54 ; females, 38 ; 85 of the deaths were of children under 5 years of ago, being 38’04 per cent, of the whole number; 25 of these were of children under 1 year of nge. There were 7 deaths of persons over 05 years of ege; 6 of these persons were males and 1 was a female; 2 males of 78 and 73' died at Auckland; 2 males of 94 and 70 died at Wellington; 2 mules of 90 and 67 and 1 female of 70 died at Christchurch; 2 violent deaths are recorded during the month, 1 from injuries received at a sawmill, and 1 from being choked by a piece of meat. Ninety-two deaths were registered in the seven boroughs in June against 96 in May, a reduction of 4 in the total number; but in the boroughs of Wellington and. Dunedin the numbers varied much from those in the previous month. In Wellington the deaths were 15 in Juno against 26 iii May, and in Dunedin they were 27 in June against 16 in May. Of this larger number in Dunedin, 7 deaths were attributable to infantile debility. There were in June 19th deaths from the class of zymotic diseases against 17 in May. One death from scarlet fever occurred in Dunedin, and 1 in Christchurch. The number of deaths from typhoid fever was the same as in May. Only 3 deaths occurred from diarrhoea, in June; all of infants. Three infants were the victims of congenital syphilis. Of the constitutional diseases, the diseases of the tubercular order caused 17 deaths, of: which 13 were from phthisis., With a lower temperature and increased rainfall in June, there was a.decrease in deaths from diseases of the respiratory organs, the number of these deaths having been 16 in May and 6-in June. A subjoined table shows the mortality for the two mouths at eaoji; to\vn, from, six principal zymotic diseases of the miasmatic order, and'also the

deaths from certain' inflammatory diseases of the lungs. These causes of death have been distinguished from the others of the classes to which they belong, ns being the most important special diseases which give rise to sudden increases in the death-rates' of towns, .and the prevalence of which -is closely connected with sanitary condition and climatic influence of the season on health.

For tho quarter ended For the corresponding 30th June. 1873, quarter, 1877. Auckland . £51.183 £48.352 ■Wellington . 42.657 41,678 Napier Nelson . 0,870 . • 8,021 fl.OSt 7,679 Westport . 3,479 3,266 Grcymoutli . 8.367 10,422 Hokitika . 0,567 . 0.332 Lyttelton . 65,272 48,038 Timara , 4,933 4.443 Oamaru . 4.087 2.008 Dunedin . 79.339 02.528 Invercargill . 10,304 7,868

Half Year ended Juno Half Year, ondo d 30, 1878. June 30, 1877. Ounces. . £ Ounces. £ 129,835 • 52,070 216,500 Marlborough — 870 3.197 0,410 35,073 140,053 West Coast 81.006 320,707 41,085 108,247 Otago .. 00,831 245.343 50,250 203,025 Totals 177,709 £711,301 181,166 £731,712

Boroughs. Estimated population Total Births; Total Deaths. Proportion of Deaths to! the 1000 of Population. 13,732 42 19 1-38 Thames ; 5,425 21 2 •so Wellington -. 19,037 70 . 15 •73 0,003 12 5 75 Christchurch . 13,402 44 . 22 1*04 Dunedin 22,491 73 27 1-20 Hokitika 3,244 10 * 2 •61 ' Total.. 272 02 —