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Poverty Bay Standard, Volume I, Issue 69, 12 July 1873, Page 2

Supreme Coubt. —In the charge against the Messrs. Harding, of misdemeanor for destroying a culvert on the Middle-road, in Hawke’s Bay, the Judge said that though the land might be Mr. Harding’s freehold, it had become a highway from long public use, and that the defendants were therefore guilty of the misdemeanor with which they were charged. The jury, after considerable discussion, returned a verdict of guilty. Mr. Wilson pressed for punishment, and His Honor inflicted a nominal penalty of £1 each.— The long-pending dispute of Read v. Benson has been settled by the Judge granting an order, on plaintiff’s application, that the land comprised within the lease to defendant should go and remain with the person who would be entitled thereto if no such lease existed. The defence in the action before the Court was abandoned.

Quadbillk Assembly.—The usual fortnightly gathering of this Assembly takes place on Tuesday evening next at 8 o’clock. Ebbatum. —A typographical error occurs in our last issue in the case Bousfleld v. Wi Paraone. The amount sued for was £5 5s not £55 as stated. Mb. Gbeene reports that his sale of trees, shrubs &c., went off very satisfactorily. Good prices were obtained, the demand being in excess of supply. He shortly expects a similar consignment from the celebrated Hobson Bay Nursery. Unsold Sections. —We have obtained an authentic list of the unsold Town and Suburban sections in the township of Gisborne, which is open to the inspection of any person applying at our office.

Insurance Agency.—We are glad to announce another branch of competition. Messrs. Graham and Co., have been appointed agents at Gisborne for the “ Victoria Fire and Marine Insurance Co.” No house should remain, uninsured in a wooden township, especially where the facilities are great and the premium moderate. Another Stobe. —By the Start which arrived last Monday from Auckland, the Messrs Boylan, nephews, we believe, of Mr. M. Boylan of Napier, were passengers. They intend to open a general store in the Gladstone road ; for which purpose they chartered the cutter, to bring down their stock and effects. They also took time by the forelock, and came prepared with the building materials, and carpenters, ready'for instant work. The store is in course of erection, and will soon add one more to the list that is getting pretty well filled’in that line.

Paradoxical, Ratheb. — His Honor Mr. Justice Johnston, on the opening of the recent Session of the Supreme Court in Napier, is reported to have said on the one hand that “ Newspapers were the proper media of information between the Government and the public, as but few people ever saw or read the Gazettes.” But on the other, in remitting the fine of a juror on the ground that the notice of the adjournment of the Court in the newspaper was, according to said juror, unreliable, he complimented him on his “ wisdom in paying no attention to anything that appeared in the New Zealand papers.” Gisborne Library.—Last ‘Saturday we published a letter on the subject of the present unsatisfactory state of the Gisborne Libraiy, i.e., as far as its finances are concerned. The caprices of the public are so notorious, as generally exhibited in matters where opportunities exist for their exercise, that, perhaps it may not be difficult to point directly to the causes which operate against the financial success of this institution. It may be considered an injudicious step, for the Committee to have removed the Library from the Court-house building to the Music Hall; and there may be some who would not take the trouble to walk an extra hundred yards, even supposing they greatly disappointed themselves thereby; but it must not be forgotten that what is lost in distance is saved in comfort and personal convenience. Many additions have been made to ths library department, both as regards books and papers, while, with a view to increasing the number of subscribers, through the force -of extra attractions, expenses in other directions have been incurred by the Committee, not at all squaring with the result. We have long held to the opinion that in most cases, “‘possession lessens the value of the thing coveted.” When the Library was opened but twice a week, and a certain amount of discomfort prevailed, there seemed to be no lack of patronage, while complaints were both loud and deep ; but now that expensive arrangements have been entered into to open it four nights in the week ; to supplement the reading material with fresh supplies ; and to make the reading room a place of pleasant and comfortable resort, it does not appear to be so successful as one would wish to see it. Suggestions have been made to have it in a more central spot. That, certainly, is worth consideration, if it would tend to increased support. A section, No. 50, in Lowestreet has been set apart by the Provincial Government, of which the Road Board and the Turanga Library are each to get a moiety. Would it not be well to utilize this in some way, and bo save the rent now being paid to the Hall Directors ?

Charge of Forgery against R. Tobpey.— The Registrar of the Court read an affidavit by Mr. Kirton, manager of the Bank of New Zealand at Poverty Bay, who was the principal witness for the prosecution in the case, Regina v. Torpey, for forgery. The affidavit set forth that he could not attend any sooner. His Honor made some severe remarks in reference to this matter. A very important case, being a charge of forgery, had broken down simply because a Bank manager had failed to appear. The fact of irregularity of communication between the ports was certainly some mitigation, but, nevertheless, there had been great negligence and contempt of Court shown, causing thereby a gross failure of justice. And of all institutions, which were most interested in (decking the crime of forgery ? The Banks, of course, were. In England they found the Banks conducting prosecutions of this nature at enormous cost, in their own interests. The recognizances entered into by Mr. Kirton were wholly inadequate as compared with the injury done by the neglect of performing a great public duty, and they must be estreated. Mr. Kirton staked whether he might make a statement. His Honor replied that he might, on oath. He would ask the Registrar first, however, whether any affidavit by Mr. Kirton had been sent to him or any other officer of the Court by the Lttna, on her last trip from Poverty Bay. Mr. Hare replied that there had not. His Honor then intimated that any statement Mr. Kirton might make would be useless. Mr. Kirton then left the Court, and shortly afterwards returned with the amount forfeited (£5O), which he tendered to Mr. Hare “ under protest! ” The expression, “under protest,” was not heard by His Honor, but upon the fact being communicated to him, he remarked that had he heard any person use those words he would have sent him to prison at once: and ordered that Mr Kirton (who had left the Court) should be sent for. On that gentleman arriving in Court, His Honor, after again ascertaining that Mr. Kirton had used the expression, “under protest,” informed that

gentlemen that in using the words he had done he had merited instant incarceration. The idea that any person should come into the Supreme Court of the Colony, and say he would only obey its orders “ under protest! ” It was absurd 1 But he would not take any further notice of the matter.—Jfotote’s Bay Herald.