OTAGO.

Southland Times, Volume I, Issue 79, 2 December 1864, Page 3

OTAGO.

We extract the following items from the Tvmes of the 29th:— Information was received in town yesterday, of the drowning of four fishermen on Sunday evening ; the fifth man of the crew being alive but much bruised and exausted. The scene of the accident was a small inlet a little to the west of Sandfly Bay (Peninsula) ; which, as: we are told, was first used as a place, of shelter by fishermenduring the last winter. The information reapectv ing the melancholy accident is so far scanty ; and the following is all that could be ascertained yesterday :— Clare Jeffrey (generally known: as "Jeff"), Alexander Maclean, Edward Maclean (his, : nephew), John Sutherland, and Alexander Andersen (a Norwegian; f kno;wri as (3-erman " Alick"), started from Dunedin for the neighborhood of the Green Island, ,to the, south west of the I Ocean Beach, to fish for cod, that being a favorite locality for the purpose.* They were in the "whale boat London, known to the boat menas "Old ßed Nose," which belonged to Jeffrey, who: some I months ago bought her from Mr. SI Crafts, in whoso employment Jeffrey had long been, as had also Alex. Maclean fora period of ."two years" and a half. The London was reputed to be an excellent seaboat— one of/the-best in the port; and the men were all acquainted with .their ... business and with the coast. On Sunday afternoon, they left their fishing ground and ran 'for the little inlet before mentioned j they- intended to remain 'there for the night,, but whether because of ,the, state of the weather or simply to wait for daylight before attempting to round Cape Saundersy does not; appear. We aoe told that although the Metis; a very safe shelter for a boat that gets in, it is often very dangeiKju? to attempt to enter— that from o comparative calm at the mouth there Trill* suddenly come a surf breaking right aeross/;andv fcaayily. In Dunfldin, on Sunday eTening there mttk frash, brt ««, «n<l i»o more, hu.ti eut^ide it

blew strongly. The London, it appears", got to the surf at the mouth of the inlet, under Bail, and there broached-to and was upset. Nothing is known as to the struggles of the unfortunate men who were thus tossed into the water ;~ but AnderBon, the Norwegian, is the only survivor. The accident, we infer, was observed by some one connected with the household of Mr. John Robertson, whose farm-house stands about a quarter of a mile from the inlet ; at any rate, Anderson was yesterday lying at the farm-house, and the fact of the accident was first learned here from a note adj dressed by Mr. Eobertaon to the police, and forI. warded by his son, who reached town yesterday afternoon. The deceased were, we believe, all unmarried men. We sholl probably learn to-day whether any of the bodies has been recovered ; but soma fishermen who know the inlet, regard it as improbable that such will be the case. The Criminal Session of the Supreme Court will be commenced on Thursday. The following is a calendar of the prisoners awaiting trial : — Alexander Anderson, stealing a watch ; and chain. Ellen Anderson, stealing from the person. Edward Brewer, horse-stealing. ' Edward Brewer, stealing a saddle and bridle. j Thomas Barrows, horse-stealing. [ Wm. Baker, stealing from a dwelling. | Alfred Blake," obtaining goods by falls -j»»- --[ tences. ■ James Duke, horse- stealing. James Duke, cattle-stealing, i John Freeman, embezzlement John Hurst, forgery. John; Hurst, obtainining money ; unde? f»lg« ; pretences. John Jones, perjury. ';- 7 - .'; ; - : ' John Jones, embezzlement. Alexander Johnstone, bigamy. : x : •. , } , .. Evan Henry Lewis, 'embezzlement. Patrick Mandyille, stealing from a, dwolling. r .;.. James Myles, murder. John M'lnfcosh, obtaining money by false pre-, 7 ■ tencet. Thos. MTeak, Btealmg from a, store; • James Riley, stealing from the person. G-eorge S. Richardson, embezzlement. ... .-.,..., „ ._ •■?' John G-. Skinner, embezzlement. ' John Or. Skinner, forgery. • „ : ? ;; . , : Wm. Warney, uttering a forged cheque.

The following report is taken, from the OCago Daily Times, on the complicated case of — RUSSELL V.;MIJ]SrRO AND OTHERS. Mrl Justice Chapman said the Court had considered the points raise i in this case, and thought first, that there was quite sufflcierit rea3oa : to ■'cdnV-'-'-' tinue the : injunction Until the hearing. :• It ..was; ...: quite clear that the agents, Messrs.. Carey, and G-illes, were in a position of wlueh .they,might-or-might not taks an unfair advantage! Of course, it was not for the Court to say that they would take it; but the simple fact that they had the power of doing so was sufficient reason to continue ■ the injunction until, the. hearing. The Court would hot go further in the matter ; seeing that it ; was always desirable to give as few reasons ' as possible, in order not topredjudiee the case when it came on for hearing. The next point" they might consider, already decided, for areceiyerliaa. been appointed. Th* Oourb considered that 111* . appointment of a receiver surfieiently took tne power out of the hands of Russell, the plaintiff, to render it quite unnecessary to impose further terms upon him, and probably the cross-injunc-tion which had already been obtained would not be pressed. Without further argument, the crossinjunction had better be , dissolved, the appointment of a receiver being a sufficient protection to the defendants from any mismanagement on the part of the plaintiff. : Mr. Barton (for the plaintiff) said he had a notice of motion with respect to the cross-injunc-tion. If the cross-suit went on it will be a matter of considerable expense, and this argument in it might turn in such a way that the Court might express an opinion as to the necessity for the cross suit going on at all. Mr. Justice Chapman. — You can demur. Mr. JBarton said that the plaintiff might plead that there was another litigation pending, Mr. Justice Chapman said that if the Court decided virtually hi the Plaintiff's favor that the interlocutory injunction be set aside, that would not preclude them from going on with the bill they had already filed. The plaintiff had obtained all he asked for by his motion. Mr. Barton. — Except the considerable costs incui'red in obtaining material to dissolve an injunction, ■wliieh. was in itself a contempt, considering how it was obtained. My. Prendergast (for the defendants) had received no notice of the motion to dissolve the cross-injunction. Mr. Justice Chapman. — What coats can the plaintiff have been put to ? Mr. Barton said he had to get ready for moving the motion to dissolve the cross-injunction by the preparation of affidavits, and the .keeping of several witnesses in town for the purpose of swearing these affidavits. Mr. Justice Richmond thought that if the parties could not agree as to the settlement of the costs, the better mode would be to proceed with the original motion to, dissolve the injunotion. ' - Mr, Justice Chapman : Even then, probably, the costs allowed would be only the costs in Court. Mr. Barton said that if the other side -would stop their action, the matter might be arranged. Mr. Justice Richmond : I would suggest that no further costs should be incurred, and that those properly incurred already should be dealt with as costs in the case. Mr. Prendergast was quite willing to have the cross-injuuetion dissolved on those terms. Mr. Justice Chapman said the Court would take a little time to look into this question of costs, which, where there was a cross-injunction, was always rather embarrassing. Mr. Barton said there was another motion in this case — namely, that for the payment of £371 and the undrawn bills into Court: - Mr. Justice Richmond said the Court would nofc make an order where the amount .wa3 in doubt. ... Mr. Barton thought the other side .had agreed as to the adrn'ctjd sum of £371, and > the blank bills of exchange. . Mr. Prondergast would 'maka the payment into Court only if the Court made the order. "< • ' . Mr. Barton raised the question, of coats on thia ■ •■■ • latter motion. :. . •..-.:: ;■'■. • ■-. ■•: -:: -.: -^.-7; ;:. - Mr. Justice Chapman said the Court reserved 1 its decision on this question. , .c; -r