The Invercargill Times. FRIDAY, FEBRUARY 5, 1864.

Southland Times, Volume III, Issue 39, 5 February 1864, Page 2

The Invercargill Times. FRIDAY, FEBRUARY 5, 1864.

Lieutexaxt Saxby informs us that we may expect great atmospheric disturbances at certain conditions of the moon ; and we are at present disagreeably experiencing the truth of his predictions. There are also periodical social disturbances, though whether the moon has anything to do with them, we are not prepared to argue. Sometimes these disturbances develop themselves in the mass, at other times, in individuals. The tulip mania is followed by a thirst for collecting seals, which again gives way to an insane desire to possess all the postage stamps in use all over the world. Private individuals are bored by their friends with requests for stamps — distance gives no security ; lovers are commanded, husbands bullied into allaying this horrid thirst. The stamps must be old and dirty or they are valueless ; price is no object ; the world is ransacked for Avhat shortly before was thrown into the waste paper basket. '* Japhet in search of a leather" was nothing to a lover in search of a two-penny. Then came the carte-de-visite mania, the symptoms of which may be described as an ardent desire on the part of the afflicted to fill as many albums as possible in the shortest space of time. Without regard toany interest really felt in the person, his likeness is demanded, and he must immolate himself. Crinoline is another instance of a temporary aberration of intellect, though, it lias its uses, as evidenced by the saving of the life of a lady blown over a cliff lately. Such are a few of the periodical disturbances in our social system affecting the many, and really one would suppose the moon has something to do with them; but there are also individual instances equally startling. Every now and then some Mrs. Jellatji" devotes herself to the public and Africa; induces unfortunates, to believe in her schemes, to their ruin and discomfiture ; and no sooner is the utter hollowness of it exposed, the scheme dropped with the accounts of the last missionary having been eaten by the flock, who preferred the teacher to the spiritual food he inculcated, than she is ready with equal enthusiasm to devote herself to the public in some other way, persistently boring the unfortunate Jarndyces of this world with applications for money and countenance. Every now and then a Mrs. Paiidiggle discovers her mission, and strong-mindedly i carries it into the privacy of her neighbors lives, knocking down their furniture and .distributing tracts with the same equanimity. Every month some ''Sisterhood of Medieval Marys" starts into existence ; some " Infant bonds of joy " astonish the world. The last thing in this line is Miss Matiia Rye's " Zealand.andAcclimatisation-of-Young-"Women Society." Some time ago Mrs. Chisiiolsi discovered " her mission ;" the brilliant conception of pi*oviding with a nice tidy wile every unfortunate male, roaming the wilds of Australia,' unkempt, uneared for, took possession of her. Thenceforth there was no rest for herself, and, worse still, her friends; philanthropy was etormed, a buttonless shirt was to be henceforth a thing unknown in Australia, undarned socks became a myth, combed hair to prevail ; the brute man to be caught and civilized. "What could resist this ? A crusade on socks — delicious! Proposals of wedlock were to be made through speaking trumpets, as the "Lover's Hope," A l, approached the Jetty 5 success was evidently assured. Surpassing the energy of a ■" tfellaby," the determination of a " PaHiggle," Mns. CaximoitU was to accompany her chickens, Those mt m&rnett by the trumpet process, Were to be t 6CQompaui&4 fry a

drays, calling at the different stations, when the animal man was to be summarily civilized by matrimony. The programme was tempting : men in oJfice became interested; every assistance was afforded both by Philanthropists and Grovernment. We presume Mrs. Cnisnoi/M, taking a business view of the matter, preparatory to sailing, forwarded advices to Australia of consignments, which might have read — " Per the Bridesmaid, 400 tons, , Benedict, commander. Seventy cwt. of serviceable spinsters, averaging twelve stone, warranted affectionate and good mothers." Arrived in Australia, Mrs. Chishoim spared no exertion ; advices from her, encouraged philanthropy at home to renewed exertions. We suppose they they were somewhat to the following effect ; — " Ringlets to the waist are in great demand. Black eyes (very superior jet) are freely disposed of; and red hair, well oiled, at prices slightly in advance of the raw material." Instances were particularised — such as "ANffA Mama Smith was married last month, and, short as has-been the time, she has reclaimed her husband, formerly a confirmed drunkard ; there is not a button off his shirt now!" Philanthropy was delighted. Did rerports reach home of the many who were not married? Did Philanthropy, while sorrowing over the frail sisterhood, mourn its misdirected energies, discover the crime of exposing their fellow-creatures to certain temptation, on the Utopian supposition that they were benefitting them ? MissßYE'sinission,itwouldappear,is not a wholesale-rnatrim'onial-inission ; indeed in the last number of the Home News, a letter of hers appears, indignantly repudiating any matrimonial designs. Her object being "to get emigration placed on so firm a basis, that respectable women need not shrink from, or dread the very idea of colonization." Most of the Provinces in New Zealand have imported, years before Miss Bye's Hegira, a large number of women, generally assisted out by their friends ; we presume Miss Rye does not doubt " their respectability ; and yet they did not shrink from, or dread the veiy idea of colonization," and we have no doubt that without Miss Rye's valuable assistance, wo should have managed somehow to have obtained a sufficient number of respectable females to meet the wants of each settlement. Miss Rye protests against her work in Otago being considered a failure. This depends on her ideas of what constitutes a success. She has probably lowered the rate of wages in the settlements she has stormed ; has she raised the tone of female emigration — made it more respectable? Miss Rye ha 3 been good enough to spare ns up to the present time from a jjersonal visit; has not pitched her camp amongst \xs ; so we cannot judge of the results to the community of a shipload of her emigrants; but we learn that, a few specimens have visited us from Otago. and they have not impressed .us with the idea that Miss Rye's efforts to render female immigration respectable have proved a success. In a colony there are temptations, enough in the way of girls who have relations to watch over them and shield them from danger, the loss of whose respect and esteem is a thing to be feared, and is one of the greatest protections to a girl. Such a one is not so likely to lose her self-respect aud fall into crime. But to a young girl, without friends or relations the loss of , whose respect she dreads, the temptations are trebled ; even want is added. A girl with friends or relations, if out of employment, can find a home with them ;— to the friendless one, there is but once resource from starvation, It is all very Avell to play at philanthropy, but schemes of theCnrsHOi/u and Rye school entail sei'ious consequences to their fellow creatures. We would like to see a comparative return of the women who had gone Avrong, brought out under the two systems, that of our ou m assisted by their friends, and that of Miss Rye's. She says, " nearly all were placed in good situations within a fovtnujht of landing. We wonder how long they remained there. There is something more to be done than merely obtaining a place ; should a little disagreement ari.se between the mistress and servant who is to act as mediator ? who 'to find the next place ? Miss Rye is also anxious of appearing in her " true character before the colonial public. " To gather from the remarks of the press in the Provinces she has favored with a visit, persistent boring forms a large ingredient. As the Some JVeics says, '" we are afraid Miss Rye protests too much. " We believe Miss Rye is sincere, we have too- much .evidence of her energy, we wish for her own sake and that of New Zealand that it had been directed in. some other channel. Like Mrs. Paedioule, she is evidently a woman of business, loves hard work, and enjoys it. We are apt to laugh at the idiosyncracies of the female mind, which, at a certain age, and in a state of single blessedness, develops itself in ardent attachments to tom-cats and cockatoos; •such, at auy rate, can do no harm. Aud although it is rather staggering to imagine what ao miich energy would have done in the tom-cat line, would that Miss Rye had followed the ordinary bent of her sex. Pickets has well defined true philanthropy, when he makes one of his characters say "there were two classes of charitable people— one, the people who did a. little and made, a great deal of noise i the dthetf, tho people who did * RJtreftt &$d m& jnftde w mm *fc«Jl. ff

Yesterday, information -was received in town that a strike nad occurred on the^Ttailway Works at tlio Green Hills. It appears that Mr. Smith, the manager for Mr. Davies r the contractor, had occasion to dismiss one of the gangers at the portion of the line referred to. The dismissal of the ganger gave offence to some two huntfrcd of the men, most of whom were from the same part of England, and who resisted the manager's interference by knocking off work yesterday, aud by preventing others who wanted to work from doing so. Mr. Smith immediately came into town, aud obtained warrants for the arrest of the ringleaders. It is the intention of the Commissioner of Police to despatch several of the force to the locality of the strike this morning, in order to afford protection from interference by any of the men on strike. It is also intended to permanently station two constables at the Green Hills during the progress of the works. We hope that the remedial measures so promptly adopted by the Commissioner of Police will have the effect of checking such disorderly conduct at once. "Without wisliing tlie ringleaders of this foolish affair should be dealt harshly with, we believe that,, if necessary, the men must be taught that any such disorderly conduct will be promptly and severely "punished. There can be no question but every man has a perfect right to work or not as he thinks fit ; but" not to prevent others from working if they please. We understand that Mr. Berrick, in gratitude to Sergeant Shurey for being the means of preventing the robbery of his valuable property when he was stuck-up on Saturday night week, applied to Mr. Commissioner Weldon to be allowed to make bin a present, the regulations of the Police Force, it appears, rendering such an application necessary. Mr. Weldon having given the required permission, "Mr. Berrick presented Sergeant Shurey with a handsome gold Albert guard chain. Mr. M'Manu3, surgeon of the ship Edward Thornhill, is at present lying in the Provincial Hospital, suffering from the effects of concussion of the brain, caused by falling on the fore-part of his head during the passage from London to Bluff Harbor. This gentleman was induced to cuter the hospital by his friends, as by that means he is insured proper attendance and medical treatment. We see that to-night at the Theatre Royal which will be the last but one of Thatcher's engagement, anew farce entitled the Manager* Stratagem ; cr How to Eaise the Wind, will be produced for the first time. It has been written by Thatcher, and if we may take the success of his last production in this style — the farce of Wanted a Barmaid — as a proof of his talent at this species of writing, we fully cxpsct tho new farce will be a great 'success. Thatcher lias afforded the folks here the means of enjoying many a pleasant hour, and the best return they can make him will be giving him a bumpor house to-night. Two of the crew of the schooner Balmoral, the vessel which experienced such a disastrous passage from Hobart Town, wero on Wednesday, conveyed to the Provincial Hospital. One man had sustained a complete fracture of the lower jaw, and the fragments were so much displaced, that great difficulty was experienced in bringing them into apposition, which was accomplished by ligaturing the adjacent teeth together. The other man suffered from sevoro muscular contusions of the back aud au £. Both men were attended to by James P. Murray, Esq., the resident surgeon, who reports them as progressing favorably. A visit to to the Bearded Lady and her son, Young Esau, will well repay the admirers of jiatural phenomena. The performances of the Swiss Warbler ai'e also worth listening to.

Lble that all -works in .connection -with Spm' Board (contract excepted) bo at ir-rapcd'j'- and that you mil please carry tefcsoltttion of the Board. I hare the rtobc, Sir, your obedient servant,. J.C fTER. joB- M. Marchant,.Esq., Civil Engineer jown Board." . jie folio-wing is the resolution:-— : jhat the rehition of the Engineer to the tl being so unsatisfactory, in consequence L position he has • assumed in relation to L works in connection; ivith the .Board,: it bein? likely to operate prejudicially to nublic interested, it is desirable that under f circumstances tlie Engineer be requested; «;<m liis appointment, and that the Clerk guested to furnish .the', Engineer with a , of this resolution.":;;: : kinttff's examination, continued.— rHe en-, jjon his duties on tlie; day followirig the jot of the letter containing his appointl He received the letter in November. jc'«ting him to resign. While acting in mfocitr of engineer; to the Board he carout their instructions.. No complaint made to him by the Board of nonfulfilt of any instructions. ■; , He received . his Tto the end of November. He. had no deration since that. /date. Had not re;J any other : communication allegan y other reason Vfpr .dismissal than i contained in .a -letter of . the 23rd tniber, referring • to his refusal to in. In consequence of thatlettcr he ceased It as engineer to the Board. He was wilf o act as engineer to the Board, and was B <T|to do so until; the expiration of ippoiutment. ; j V „ , ■■■'.- r Mi-. Weston — On all occasions he had I drilling to comply with the wishes of the n Board, and had fully adhered to tlie pi resolutions of the Board- a3 received i their clerk. On receiving instructions (the Clerk, conveying . any resolution of Board, he had invariably ...-<• attended to I He had, on all occasions, done so. On ving the letter of the 7th November he urged all men not engaged ,on contract ;. There were some, labourers, employed frr street gratings at that time. The men .'taken on by his instructions, but' he i not say when it was ; certainly before fth November ; but whether on the gratin Tay street he could' not say. On ipt of a letter from the Board, on the 7th ember, he discharged all the .men in Tay ■fcnofc on contract work j; he. meant within ror tyro, as soon as it was practicable. A. named Vale was a man employed as seer on other work, and, after receiving nstruetions of the 7th, he was employed rerseer on all works in connection with ract work. A man named Wakefield had employed in Tay street, but after receivetter he confined Wakefield to contracts Bystreet. At that time there were two iacts in Tay street,— oiie for the roadway Hhe other for the. gratings, and filling Up witli sand or clay. ,He put "Waketo the latter work because some of the hereof the Board- complained that the Qg3 were not properly filled. Beside efteld there were other men employed iim on that work. '■ ■'.-.'. r the Bench : On receipt of the letter, of those men, not employed on contract, i either dismissed or put on to work in lection with contract, work. He could say the particular work they were emed'on, nor wliicli contract they were put kiug five o'clock, the further heai'ing of iase was postponed to next day.

i TIITJESDAY, EEEBirABY 4tE, 1864. jxeged Horse Steaitn'O. — F. G-. Love, inand, charged with stealing a horse, was okt up and. discharged. Mr. Button, appeared for the prisoner, stated that the did not intend to proceed with the 'Tlie prosecutor said he wished to withr the charge, as he did not believe the iidant took the horse with any felonious at. Under the circumstances the Bench lissed the case. - ore Mr. Price, 3J-.M., aud Mr. M'Culloch, J.P.) ■s Civil Cases. iIA.HCH.UTE T. CIAttKE AND OIIIEES. bis case was resumed by the continuation j3 cross-examination of the plaintiff. igaTeevidenceoftheniannerinwhichlietook men off day work, and put them ou work lected with contract work. He was not ially instructed by the Board, either by / r or otherwise, to interfere with Bur- , ic's contract for, the. gratings in Tay-street. ( did not take any' instructions from tho k of the Board, as to what material was b used by Burgoyne in filling in the ings. He was not in the habit of taking actions from the Clerk, or from members riduiilly ; but "only by resolution- or asof the Board. He considered it his duty ttend to all resolutions passed by the d. He did not consider it necessary to m the Board of having taken the men 1 day work and putting them, on contract ;. As Engineer to the Board he did not ider it necessary to make a return he men at work on contract to the — that ■« as not till the periodical m at the end of the month. At tho of the month, lie- could not do so, having ved his dismissal A resolution to the (that the Clerk should be instructed to notice to all men employed by the Enginot being further required, was not comicated to plaintiff. - number of letters which had been sent by itiif to the Board at the time of liis disal (already published in the-TniES) were in and read. ] Mr. Maedonald.— The clay' was put/on gratings in consequence of complaints c by the Board at one their meehigs. Wsinthe habit of attending the regular fogs of the Board. There was no necesfor consulting the Clerk of the Board as ffi material to be put' on the gratings. F the Bench. — -He had not received notice move the clay from tho Tay-street gratings iously to the Clerk taking\ipon himself to toy men to do so. Xo complaints had 1 made to plaintiff with regard -to the clay. "n tlio morning of the Sth of November, a there was a great deal of rain, he had fed the overseer to remove the clay suffi.\V to allow passengers to walk on the Ngs, and that workUnras being done at the 'the Board Tyas fitting. He never"; re-.' *to do. anything in connection with the ln gs. The only intimation he received the letter of; '-the Vth November,! 'out any explanation. ' Between the 7th tlie 21st November he received no coriileation from the Bbard. ' On the 9th ember when the clei'k pitt'on men to the street gratings, plaintiff had not been intted to hare the work done, and at that nc was Engineer to the Board.- He had * refused to carry out any instructions of Board. ' ■ - r ' ':'.: - ' ■;' ''\ v \l%; '■■: •■■'. r Mr. Weston : He was present at the ing of the Board on the 11th November, 0 was a satisfactory explanation given at Meeting as to- the /.clay which had been on by plaintiff s instructions, and its subjatSjemdval from a.portion of tho gratings ■ "aintfff's instructions to the overseer. ° f the Bench : IJp to the 10th November Wd never in any way ref used to carry but instructions of the Board, He was not fot at a meeting of the- Board on the Gfch ember. The Board .did; not assign any f reason except that referred to in tho ;:= 1 for Ms dismissal, Iho Board novaj? tously co»plpiji9.{l.of;hJß; conduct .-; ou tho,. •jwy, the mover of the resolution, foi 1 his. km *aid ha did 'violence "to WyvivatQ ;ig*> The whoUvsifra -and jufcstaace.-ql 4 Hot ' fk^netev

informed him of the unsatisfactory nature ;of the relations that existed between them previous to his dismissal. Ho believed that his dismissal was consequent on his first letter, referring to liis not being dictated.to. . ; ; Thomas Vale gave evidence that.in November ;last, he was overseer of works ; going on under the Town Board. On the 7th November, the men under, Mm. were , employed in ■ supplying the defective nature of the contractors' work, On the 9th November, he received instructions from Mr. Marchant to discharge any of the men not employed in Tay-street. It was , a day or so after the 9th that he received instructions from Mr. Marchant, to remove the clay from the gratings. Before the 7th November,, all the men were employed as day laborers. According to the specifications of the contract, he had instructions to employ those men in the way he referred to in carrying out the contract. By the Bench: Those men would be paid by the Board, who would debit the contractors with the amount. AU'the irieii, after the receipt of the letter, wereeitherdismissedorputon to contract. There were none retained as day laborers, except in connection with those contracts on the removal of the clay from tlie grat- ■■ ingsafter he (witness) had received instructions from Mr. Marchaut. A stranger, who was employed in removing; the clay, told witness he was put on by. Mr. Hunter, the clerk. On the 14th Nov.. (Saturday) lie dismissed all the. nien. •:.- On the following Monday all the men who chose to do so were employed by the Town Clerk. ■■ By Mr. Weston.— While employed he generally took his instructions from Mr. Marchant. • By the Bench.— On the 11th Nov. Mr. Marchant told Mm to take off all the men not on contract work. That being the case for the plaintiff, Mr. Weston, for the defence, called Greorge Burgoyne, who gave evidence of having been the contractor for the Tay-street gratings. On the Ist Nov. he had no men working on tlie : original contract. Mr. Marchant did not object to the work (with some slight exceptions) during the progress of the contract. He never told him he was going to put other men than his (witness's) on the work. He only got acertificate from plamtiif fora portion of the work, who assigned as a reason (on Nov. 4th) that he had not time to go over the work and give a certificate for the remainder. There were no objections subsequently raised by Mi*. Marchant. After 7th November he saw the clay laid on the gratings in Tay-street ; he had no connection with that work ; hs was never informed that the expense of laying the clay be' charged to his contract ; up to the time of would seeing the clay on the gratings Mr. Marchan} had never interfered with the work ; the Board had not deducted anything from his contract for laying that clay. By Mr. Maedonald— He had not been paid the balance because Mr. Marcha-iit would not give him a certificate unless the Town Board clerk would request him to do so ; and his authority for so doing to be a resolution of the Board. Mr. Marchant told him so 021 MOll day, the Ist instant ; Mr. Marchant had never previous to that told him anything of the kind ; he thought lie made an application to Mr. Marchant for a certificate previous to the Ist December ; Mr. Marchanfc never told him ho should have tlie gratings filled up ; he never told him they were not filled up properly. Vale, the overseer, never told him (to the best of his belief), that Mr. Marchant would have the gratings filled up ; Vale did not toll him that such portions as were not completed were to be done ; Vale never told him of the list of works that were to be completed and which Mr. Marchaut wp.s going to have done ; nor anything tantamount to that. After the 4th November, Vale never told liirn the gratings wanted filling up ; he might, have done so casually daring the progress of the work. Mr. Marchant did not pass the work ; but lie considered that it was passed, from the fact of him (M. Marchant) putting other men to the work after witness had finished it. Mr. Marchant never said anything about it being complete or incomplete. That was a very uncommon way of passing work, and it would not hare been the case but for the quarrel between the Board and the Engineer. J. C. nunter, Cleric to tlie Town Board gave evidence. The plaintiff was aware of the resolution of the Board that all works above 20 were to be let by contract. Mr. Marchant was present at the meeting when the resolution was passed. The Board never cither by minute or instructions, told plaintiff to interfere with Bnrgoync's contract. To witnesses knowledge Burgoyne had r.ot broken his contract. The Boarddceniod it advisable to stop day labor, because the accounts coming in for it were so heavy ; lience ilie passing of the resolution for works above £20. The resolution of the Board, 011 the 10th November, to put on men to remove the clay from the gratings (placed there by the plain tills orders), was not communicated to plaintiff. He was Engineer to Ihe Board at that lime. On that day wituess saw the men ordered by plaintiff at work on the gratings. On Friday. tlu v 20th of November, the Board passed a resolution requesting plaintiff to resign, because lie had not carried out the resolution of the (sth November, in reference to day labor. By Mr. Maedonald — -Plaintiff was present when the resolution referring to work above £20 being done by contract was passed. Witness did not receive instructions to communicate that resolution to plaintiff. After communicating the resolution of the Gtli November, witness employed a man to remove the clay from the Tay street gratings. It was on the 9th November he employed the man. At that time there were 'some men employed by plaintiff at work removing the clay. Witness cbd not become Engineer to the Board then. On the litli November witness employed some of the men who were dismissed on the 12th. Some of the men had been employed in removing the clay when at work previously.. Witness re-employed them in removing the clay. By the Bench. — The resolution of tlie Board on the 10th Nov. regarding the removal of the clay was not conveyed to the plaintiii' by the Board, although ho was still Engineer. It was conveyed to witness as Clerk to the Board. Some of the men employed by plaintiff in removing the clay were at work until the IGth. Ho was not requested by the Board to ask plaintiff 'the reason why the men were at work until that time. Wm. Grarthwaitc, a member! of the Board, examined. — The resolution of the (Jth Ncv. was passed because complaints had been made by different members of the Board, of the monthly, payments for day labov beiug too heavy in proportion to the work done. Piain-i-tiff was present when that resolution was. passed. The resolution was to the effect that all: day labor, except that in connection with contract work, should be stopped. If the clay had not beon on the gratings the resolution would not have been passed. On the ,12th. -Nov... witness saw the daymen at work on the gratings putting clay down. On the 11th plaintiff ordered tlie men to remove a portion of the clay from tho gratings, Witness asked plaintiff' if Burgoyne's contract was nearly, finished, to which he eaid it was not, arid, plaintiff was left to finish it, on :the understanding it would be charged to the contractor., Plaintiff .'then eaid he had not given '.notice to the contractor, it was either on the • JL3th or 3,Bth Nov. plaintiff sjiid he hsd not. given notice to Burgoyne. It was also on the sa^o idato, >'hen pUuntiif was told to flnish thb c6ht«aot. ■-■■ ; / > ; '' ■■■"_ -.'' •'.■■■ '•...■;.-■ , % the "Beiieli,— Ofq airegfc instructions wa ;&yea fcQjalpifttiiS' not to employ men previous

the Board, as the repair of a drain or such like. The Board wished to have tlie clay '; removed,- but not by plaintiff. ■■''Plaintiff had never been authorised. to put it on. The reason for dismissing plaint-jit-wa s for disobeying .the orders of- the Board. After the resolution of the .6th November ho disobeyed the: orders of the Board. The next instance of disobedience was in not supplying the plans and specifications of DeveronandCononstreets. There were other plans and specifications he was ordered to supply, -which- 'he did not prepare. The way plaintiff's letters were written, and his manner towards the Board in reading them -to the Board, wore the other reasons for -dismissing plaintiff. His manner towards the Board was anything but gentlemanly. He was quite agitated at the>i time he was reading one of Ms letters to the Board. . Mr. Maedonald recalled plaintiff, who added in evidence that ho was not present at the xnceting of the Board on the 6th November. He was at the Bluff on that day. He instructed the overseer, Vale, to make a list of the things that 'were wanted to be done in connection with the grating contract, and give it to Burgoyne. Thomas Vale' (also recalled) added that lie made the list referred to, which comprised filling in the gratings. He went with it to Mr. Biu-goyne, who referred him to his foreman. • Mr. Weston, addressing the Bench for the defence, said the evidence had clearly shewn : first, that the plaintiff had been guilty of neglecting his ■ duty to the Town Board in the matter of covering the Tay-street gratings ; second, he had acted contrary to the instructions of the Board in employing day labor after the expressed resolution of the Bo'avd to that effect, and when he took upon himself to interfere with Burgoyne's contract; and, thirdly, he was guilty of negligence and want of care for the interests of the Board, in not supplying the plans and specifications for Deveron and Conon streets, when required to do so. He commented ou the evidence in order to show that there had been no breaking of the contract of Burgoyne to justify the Engineer in interfering with it. It was, under such circumstances, out of the power of the Roard to interfere with the contract, or to authorise anyone to do so. Supposing, therefore, that the Board had no power, the plaintiff — acting on liis own responsibility — had done a Avrongful act, which could not be construed into a wrongful act on the part of the Board lie represented. With regard to the plaintiff's disobedience of the orders of the Board, he referred to the fact that even if the plaintiff hail any discretionary powers before the Gtli November to employ day labor, it was clear that after that date, when the resolution expressly forbade it, the plaint iff" s employment of day labor was quite contrary to ilie orders of tlie Board. Referring to the action taken by the plaintiff, when the Board censured him for what he did, he remarked that it would hare been bettor, far better, for a gentleman in the plaintiff's position not to have stood so much on his dignity,- — not to have gone, as lie did, to the Board, a:id — to- use a vulgar phrase — asked tlicni to " knuckle clown," — in fact, asked thorn to go flown on their kness and pray for pardon, which might be granted, — and not to have told them as he did, they might go and draw their own plans and specifications. Although lie (the counsel) did not altogether rest his defence on the letters which the plaintiff had written to the Board, yet he thought they might be taken into consideration by the Bench, as vdso the manner assumed by the plaintiff to the Board, in reading them. It certainly appeared to him that those letters were extremely ill-timed, and intemperate, and should never have been written by a gcntloman holding the office of Engineer to the Town Board of Invercarpill. Assuming that be had committed an error in judgment in the matter of the gratings, he should not, he thought, have added insult to injury ; but should have gone to the "Board and suggested some plan for remedying an error, which public opinion had already condemned. When he found that public opinion was against him, as well as the Boavd, ho ought to have met the Board in a proper spirit, and without the assumption of so much dignity ; but instead of doing so, lie felt lie had a right to dictate to the Board, and tell them, in fact, in very plain language that they were to obey his instructions. Taking, therefore, those letters, and the manner adopted by the I plaintiff in reading them to the Board, (referred to by the witness Garthwaite,) into consideration ho thought the charge of improper conduct by a servant of the .Board was fully sustained. Mr. Wcstcn lengthily commented on various other portions of the evidence as they bore out the re;; sons assigned by the defendants, in justification "of the plaintiff's dismissal. Mr. Ma-cdouald, in replying on the evidence £ov the defence, contendod thai it \a? clearly the plaintiff's duty to superintend the works of the Board ; and in doing so, to see that they were properly carried out by the contractors. That cour-e would therefore justify him in interfering with Burgoyne's contract. In that case it had been proved that the gratings were not being filled up in the way they were intended, and the plaintiff had to see they were. With regard tv the charge of wilful disobedience ; even admitting that lie had acted wrong in placing the clay on tlie Tay-street gratings, such an act could nut be construed into one of wilful negligence or disobedience. Ho commented strongly on 'die action taken by the Board in ordering tho Clerk to interfere with the plaint ill" s duties while he was Engineer to tho Board ; and thought that such an act must have arisen from one of two causes — eituei* ignorance of the nature of hi? duties, or an animus against him ; and referring to the evidence of M:\ Garthwaite, in v.-Jjidi he admitted that; fche Board wanted the clay removed but they did want him (plaintiff) to remove it, he could not help feeling that the board had been actuated by an animus against the plaintiff. VVith regard to the plaintiff's neglect in not supplying the Board with the plans and specifications for Deveron and Conan-streets, there was not a tittle of evidence to support such a charge, and it appeared to him (the counsel) as if, in bringing such a charge forward, the defend'ents, feeling what, a rotten case they had, were compelled to search their memories and their so-called minutes for such weak defences to the action. In regard to the letters written by the plaintiff to the Board, and Ins manner of reading them, he ridiculed the importance which (ho dofendents' counsel sought to attach to such a reason for justifying plaintiff's dismissal from liis appointment. Looking at the way in which tlie plaintiff had been treated by the Board ; at the manner in which his duties had been grossly interfered with, by the Board, it was but natural to suppose he shoidd feel he had unjustly received provocation. One of the reasons assigned by the defendants for tho dismissal of the ■ plaintiff — that it was because, he would not resign^ — was- certainly the most novel that he (the - counsel) ever heard. They must have been under the impression that the plaintiff as well as everybody else had to obey their behests, and that they had only to constitute themselves a Court, in order to decide on the proper 'reasons for justifying 'their dismissal of plaintiff. He thought that the only question for the Bench to deciclo would ba the amount of damages, and as it had been clearly sho-\yn that there were three /'months. Of tho plaintiff'syengagemont to expire, and there was no 'evidence adduced to support any of tho ploaa of tho dofendonts, : he. was contain tlio Beach would : award' the full .am9u^tof:4omiges:dairaed-r-^CO, ; .-\ •,. Ths : lic-sident M&gisferafco m& tHe Bench would reserve the dsojaion oa the case \intU #$uv#y,: . .; ;. : ■;■■ - ; - ■■ : [-: :'/; ' '%$ Qft# Sis|l .ft^\f*Mr