VICTORIA.

Southland Times, Issue 1289, 5 August 1870, Page 3

VICTORIA.

;t A case between the executors of the ''late MtJj. Gv Hardy, solicitor, and the Alliance Insurance Company iwas-heacd-on the 25th, at the Ballarat Circuit Court, in which the plaintiffs -sought —to— recover £2,592 from defendants, the amount of a life policy effected by Mr Hardy, and of which all the premiums had been paid up till the time of his death. The action (states ~the-#for) was defended by the company on the.grqund.that Mr Hardy had agreed r verbally, before his last illness, to sell his Tpolicy .to the company for a sum named by the company, and accepted by him, "and that the cheque for the payment to :him had been sent from Melbourne to -the local agent, Mr George E. Finnis, • and tendered by him at Mr Hardy's ■office, returned by Mr John Hardy, and again after Mr L. G. Hardy's /death. Mr John Hardy stated in his evidence that his brother had used the policy as security for a loan, some years ago, in connection with Smith's buildings 'lirLydiard street, and inferred that as he •died rich he had no necessity to get rid of the policy for ready money. He also stated, in the course of the case, that his brother had said before his death that he had only asked what he would be allowed for the surrender of his policy, and bad not closed a bargain for the sale of it. The jury retired at half-past 5, and returned into court at a few minutes past 11 o'clock with a verdict for the premium and bonus without interest, making £2,496, on the ground that a verbal agreement had been made by the deceased for the sale of the policy, but broken before his death. The verdict will of course carry costs. The jealousy shown by Victoria (says the TelegrapTi) towards all postal routes except the one which directly benefits her, that via Suez, is much to be regretted. It gives the colony the name of a selfish, grasping community throughout the Australias, and the consequences of the folly come home to ourselves. Our Government has not offered a farthing to assist New Zealand and New South Wales in carrying on the present Californian service, and yet the citizens of Melbourne feel outraged because they are called upon to pay 4s postage on newspapers, and a proportionate fee on letters. The former Panama route was monthly bitterly denounced because of the ex.Jagvaigairt;postal rates Victoria was * charged, our Press and people shutting ttieur eyes to the feet that if they paid none of the subsidy they were entitled! to none of. the advantages. Sydney gets *J^letters and papers cheaply enough, L because Sydney pays. If steam comoffltnnication. with, America is valueless — if we absolutely derive no advantage, as a n commu2iity, from the European cable news received via San I*rancißco, the ; Government may of course very well decline to consider the question of a But,' in that case, common forbid us grumbling at \. tite rates the. contracting parties may levy We cannot have our pudding

— our money in the Treasury — and eat it. Unless the Government see their way to some small subsidy, tha mercantile community must be content to pay heavy postal fres, and look unpleasant. The A.voca election has terminated in the return of Mr Finn, bfirrister-at-law, by a majority of 45 over his opponent, Mr M ison. Smith, the man who so brutally murleroJ his wife at Hotham, has been sentenced to death. William Elton Daniells, . bank clerk, convicted of embezzling £LIOO from the Oriental Bank, has been sentenced to four years' imprisonment. Geo. Black, a well-known master mariner, has been sentenced to twelve months' imprisonment for perjury William Gar 1, who eloped with Mrs Roxburgh, from Sandridge, and took besides a number of her husband's goods "and chattels, was sentenced to eighteen months' imprisonment ; his Honor telling him that whatever his offence against the moral law, he could only deal with him as guilty of larceny. Messrs Oliver and Co., Deptford, have crushed 20 tons of quartz from the Tubal Cain Eeef, which yialded 62ozs of gold. They also crushed from the Elizabeth Eeef 10 ton?, yielding 430z 15dwt; and from FairehildV Tribute, eight tons, yielding 18oz. The Criterion Hotel, Wagga Wagga, owned and occupied by James Markey, was burnt on the 24th. The loss is estimated at £2,000, for which amount the hotel was insured. The Telegraph thus describes Draper's , appearance to receive his sentence :— • Next of the crirainala to appear in the dock was the Commercial Bank defaulter, Thomas Webb Draper, so disguised that had not his name been announced, few would have recognised in him the " exquisitely got-up " individual who was tried under the appellation of Thomas Webb Draper. For the fashion-ably-cut frock coat was substituted a grey smock with a large coat of arms upon it ; and instead of the spotless white collar and unexceptionable scarf and pin, he wore an old comforter. He had discarded his whiskers too, perhaps as being irritative, and his hairdresser had altered the cut of his hair. Draper did not at all like his position. On first entering the dock, he boldly looked round the court, but the expression upon the faces of the crowd, as they saw his altnred appearance, was more than he could bear; and remembrances of former and more innocent days apparently came o'er him, for when the Associate asked him what he had to say why sentence should not be passed upon him, his lips trembled, and for some seconds he could not utter a sound, and then he brought out with a sudden jerk the monosyllable " No." Becoming more calm, he said, " Nothing, your Honour." He was sentenced to three years' imprisonment for having made false entries in the books of the Commercial Bank,, with intent to defraud; the sentence to be cumulative upon that which he is at present undergoing for embezzlement. Sickness, it seems, is very prevalent. in the Ararat district this season. A number of cases of diphtheria have occurred, and many of them have been attended with fatal results. From some scoundrel having placed a quantity of strychnine about the streets at Staweli West, on the 21st ult., a child wes nearly poisoned, and several valuable dogs were destroyed. Saltworks have been established at Ondit, and it is stated that 30 tons per week can be manufactured. Bragge v. the Colonial Bank was an actionT>rou^ht in the County Court on the 25th to recover £158 Bs, made up of £133 8s at the present time in the defendant bank to the credit of Annie Eddoes, now Mrs Bragge; and £25 for a box containing a silver tea-service. The plaintiff was married on the 11th April, 1867, and it was after this that his wife opened an account at the Colonial Bank, and the amount mentioned above was the balance standing to that account. The principal defence was, that in 1852 the present Mrs Bragge was married to one Cuthwell, who, previous to his death, settled certain property upon her, and the money sought to'be recovered was an accumulation of rents for this property. With regard to the tea service, it appeared that it had been settled by Dr Bragge upon his wife, but in the deed it was provided that he should have a life interest in it. Hi 3 Honor Judge Pohlman was with the plaintiff on both issues, and he gave a verdict in his favor, with costs. At the Ballarat Circuit Court on the 25th, Mr James Eddy obtained a verdict for £50 and costs from the London Chartered Bank, for the dishonor of a cheque and bill. Thomas Studman, the discharged prisoner in the Mount G-lasgow murder case, who, it will be remembered, committed an assault upon the witness Edward Williams, immediately he was released, was brought up on Friday, before Mr E. Harkness, J.P., at Maryborough, charged with that offence, and also with using threatening language calculated to provoke a breach of the peace. In consideration of the peculiar circumstances of the case (states the Advertiser), the first item against him was dismissed, but on the second he was reqnired to find a personal bond to the extent of £80, and one surety in £40, as a guarantee, binding him over to keep the peace towards Mr Williams in particular, and all Her Majesty's subjects in general. Williams put in no appearance to prosecute Studman on the assault case, but took advantage of the temporary incarceration of the unhappy man to beat a safe retreat from the district, and at the same time to secure himself from the avenging pursuit of the Nemesis he hae in the person of Studman. As for Williams, if bis own avowals are worthy of-credence, the agony of remorse and upbraidings of bis own heart are far mor< painful to bear than would be corporal punishment, and he might now be well

left to his own torment — for a guilty conf science who can bear ? i A large number of burglaries have of lato been reported to the police,, and in tnoat instances tiie burglars succeeded iv getting clear off with considerable quan^ cities of plunder. It will be remembered (says the Ballarat Evening MiiT) that somewhat over twelve mouths since Robert Macey, clerk: of the Scarsdale Shire Council, and a respected resident of that district, suddenly disappeared, and it was dis- . covered that he had embezzled a large' amount of public funds, belonging- to various bodies with which he was connected. A strict and anxious search; waa made, but without avail, and it was generally credited that the defaulter had got clean off out of the colony. It was with some surprise, therefore, that we learnt this morning, by telegram from Creswick, that Macey had given himself up to the police there. He. was.brought; up at the Crewick police court, and. remanded to the 26th, bail being allowed; in £800. The facts in connection with? Macey's sudden appearance on the scene are unknown to us, but it is probable that he really did leave the colony, but was prompted by conscience to return.