AUSTRALIAN.

Poverty Bay Standard, Volume X, Issue 1217, 5 December 1882, Page 2

AUSTRALIAN.

(BY CABLE.—REUTER’S TELEGRAMS). MELBOURNE, Dec. 4. The total number of those injured by the Richmond railway accident is now known to exceed fifty, and by some the number is estimated at fully seventy. Many of the sufferers proceeded to their homes injured, and include Mr Taylor, auctioneer, and Mr Rye, his clerk. Mr Dalgetty, a clerk, has his legs fractured, and Mr Addrew Jack is suffering from severe injury to his head. Miss Berry, a daughter of the ex-Premier, is suffering from a severe shock to her system, and Councillor Cavenagh from internal injuries. Messrs Crowther and Rosser are dangerously wounded, and their condition is critical. Many others are seriously injured. The Hawthorn collision has proved more serious in its effects than the accident which occurred near Jolimont in August 1881. Miore fatalities, however, were caused by the latter than are likely to arise from the Sat urday disaster. December 4, (Afternoon). The following are the names of the others seriously injured by the Hawthorn collision : —Evil’ies, injuries to legs and back, and a severe shock to the system ; Laura Brown, aged 1 2, a fractured leg ; Scorfield, a tailor, intern: d injuries, and now in a critical state ; Smith,, a solicitor, concussion of the brain ; Mrs Lawflor, a landlady, concussion of the spine ; Lau’rence, a schoolboy of Kew, a broken leg ; Cochrey, a clerk, fractured ribs. The injuries to the other passengers are not of a serious character. Mos t of the sufferers by the railway accident axe now progressing favorably. The inquest yvill be opened to-morrow (Tuesday),

attributed by Wade to him had not been used by him, but by Mr Maude. He could also produce evidence to the effect that he had paid Berry in full for the contract; but had not instructed his * Counsel to that effect,

Mr McDougal addressed the Court, urging that the grounds for for the application were not sufficient, and quoted several authorities in support of his arguments. Mr Kenny urged that the grounds of application were more important than the counsel for the plaintiff seemed disposed to admit, and would urge a granting by the Court of a rehearing. His Worship said it would be unwise to grant rehearings without the very strongest grounds, as that would be productive of such application in nine cases out of ten. What security would suitors have in this Court for the fruits of their suits if rehearings wore to he granted indiscriminately. Regarding fresh it would require that fresh witnesses should be produced bringing fresh material evidence. In cases of perjury being discovered, the applicant would be entitled to a fresh trial, but no felt satisfied that the bar would one and all condemn the granting of new trials without the strongest grounds. ‘He was satisfied that if a rehearing were granted on the grounds of tlic present application, it would lie a most dangerous and mischievous precedent and would inundate the Court with applications for rehearing. He must decline to grant a rehearing. Mr McDougal applied for costs which His Worship declined to grant. MIHIE BAOKA V. E. ILARRts. Mr Kenny for plaintiff, Mr Nolan for defendant. Claim £23, balance of a sum of £5O, cash lent by plaintiff to defendant. Millie Paora, deposed ; The defendant is rv relation of mine. On the 18th November, 1881, defendant came to mo and asked me to lend him £10; 1 consented, He produced a paper written in English, and said it was a consenting on my part for £lO, part of the £5O which was in the bank. This is the paper and that is iny name on the top. I cannot say whether Harris’s name was on the paper when I signed it. He has advised me generally and managed my property. This £5O was my sole property, proceeds of the sale of Waiorongamea- It was lodged in the joint names of Harris and myself at his request or advice. I have received £27 from defendant on account leaving a balance due to me of £23.

I Cross-examined by Mr Nolan : 1 had asked for money from Harris before that money was my own. One time he gave me £2, another £l. That is the way he has given me money. There arc other sums, but I can’t tell what. Harris gave me £5 to go to Napier with, and Ephia gave me £4 from Pouawa lands. I don’t k’iow whether I got any more. Harris sent £2 to Rangi for me on another account. I don’t remember I getting £5 on the Bth, and £5 on the 9th of ■ February last. I don’t remember Harris paying accounts for me. Brown’a account £3 19s 4d was never paid. 1 don’t remember getting 24s cash at Tologa. I remember £2 in October, 1881, and another £1 in the same month. That was the last money I got. I remember sending Wiremu Matcnga to Harris for £1 when I was sick at Pouawa. I don’t remember getting £1 from Hanis the following day as he was passing. I dog’t know about another £l. I am confused about it. Harris is the trustee and agent for my children. lam my own agent I and manage my own affairs. He has instructed and advised me from time to time. He has collected rent for me. The advances made me came out of moneys collected for me ; not out of the £5O. I did not understand that this £lO was a payment to him, but a loan. Nobody was present when I lent him the £lO. He owed me other money’s, out of which he made advances to me. The reason our joint names were placed on the deposit receipt, was because Harris proposed that such should bo done in order that I should not spend it. That it might I be protected for the children. Mr Nolan addressed the Court, urging that Harris hud been acting as agent for Miti for seven years and paying. Edward Harris: I am a licensed inter- ■ prefer. I have had a great many transaci tions with her. I have acted as her agent i for the past seven years. I received a sum of £5O, a part of the proceeds of shares sold by me for her in W&irougonla. iWe spoke about what should be i doue with it, and it was at i her suggestion lodged in the bank in our i joint names. This was to prevent her getI ting on the spree with it. She was coni stuntly drawing moneys from me as she I wanted it. Uh one occasion at Tologa I i asked her for £lO and she endorsed the rei ceipt to me. I think I have more than j repaid her that £5O. The last sum I gave her was £27 3s (id in one payment. It wai agreed that the money should be devoted to the children’s interest. She Was always getting money from me, and at last I refused to give her any more. On the 16th September she insisted on having her money, and I gave her £27 3s (id as balance due her, and she she took it. 1 did not tell hifl' 1 would pay her the balance at another time. When i 1 got the £lO at Tologa I asked her to en« ; dorse the deposit receipt. I don’t think I . said I wanted £5O ; I said I wanted £lO. I ■ had collected rent to more than £l6 ; I had i collected rent to £23. I have acted as her ' agent on general occasions ; I have brought • actions in her name.

Mr Nolan said that the fact oi drawing out the whole of the £5O was merely the result of a banker’s rule which rendered it impossible to draw out portions of a fixed deposit. He would urge that on the evidence the defendant was entitled to a verdict. Mr Kenny said that nnder ne circumstances had the defendant any right to recoup himself by obtaining her signature to a deposit receipt for £5O, while leaving her unI der the impression that she was only parting I with £lO, and he would submit that the plaintiff was entitled to a verdict. His Woiship thought that this summary •way of dealing with accounts could not be allowed. He should give a verdict -for plaintiff with £3 13s costs. Execution stayed until hearing of cross case. Parnell v. Ross. Mr Nolan for plaintiff; Mr McDougall for defendant. This was a case where the plaintiff claimed from the defendant rent for certain premises in Palmerston Road, and also claimed possession of premises. V. G. Day, sworn, deposed : I am an articled clerk residing in Gisborne, and know defendant and plaintiff. Some time back Mr Rees was acting as solicitor for Mr Ross in the matter of some sections in Palmerston Road. .Mr DeLautour had been managing this business, and Mr Ross came up to my room and got me to go over to Mr Nolan’s office in order to get this matter settled. Mr Ross told Mr Nolan to settie with me, and I would give a receipt. Mr Nolan showed me some rough memoranda in a pocket-book. £25 and a few pounds besides was the balance. I got £l5. Ross had told me that a certain sum was to be stopped from the £25 for Dickson’s rent, and a certain sum on account of a cottage rented by himself. I think the latter was Bs. per week ; these sums were to be set off against the £25, and I was to receive the balance. I made an entry in my diary. These amounts were deducted, and I gave a receipt for them and the balance. I received £l5 10s altogether ; the extra £2 was for cost of transfer.

and aftqr the inquest a court of enquiry into the circumstances which led to the collision i will be held, The station-maeter at Hawthorn has been suspended. It is expected that the damages to be awarded to those injured will be much greater than those by the Jolimont accident last year. 3 This Day. The “Daily Telegraph,” this morning, fmblishes a list of over 100 who are more or ess injured by the Hawthorn accident. The “ Argus” statement accounts for 70 sufferers. Thomson, the Hawthorn station master, has stated that he believed the special train from Boxhill and the train from Melbourne should cross at Burnley street, Richmond, a short distance beyond the scene of the collision. It appears, however, that such crossing was not possible. A controversy is proceeding between certain railway officials regarding the time-table. It is understood that there was a misprint in some of the tables which did not show that a special should stop at Hawthorn, and it appears there is no telegraph between Hawthorn and Burley street. Public feeling strongly urges a complete change in the system of working the lines. ADELAIDE, Dec. 4. It has transpired that His Excellency Sir William Jervois has received a telegram from i Earl Kimberley, Secretary of State for the . Colonies, desiring him to enter upon his duties as Governor of New Zealand in January » next, SYDNEY, Dec. 4. Sir Henry Parkes hai been elected for Tentcrfield without opposition. The Hon. Jas, Watson, Colonial Treasurer, i has been rejected fort he Young constituency by two votes. » The Cricket match between Bligh’s Team • and tho Eleven of New South Wales resulted > as follows -English, first innings, 461 ; AjM - tralians, first innings, 152; second inninpf } 165. The Englishmen thus won the match * by an innings and 144 runs to spare.