THE LOSS OF THE LYTTELTON.

Temuka Leader, Issue 1568, 22 March 1887, Page 2

THE LOSS OF THE LYTTELTON.

In the Lyttelton case at the Wellington Supreme Court on Friday, W. H. Tennant (Secretary of the Timaru Harbor Board), W. H.. Levien (one of the Wellington agents of the plaintiff*), and Captain Kendall gave evidence. This closed the plaintiffs' case, and the Court adjourned till the following morniog. The case was resumed en Saturday. The jury were not present, having been discharged until Monday, as their presence was not necessary, the Court decided to deal with the law points only. The Attorney-General submitted the following nonsuit points:—That the incorporation of the company was not proved ; that no proper notice of the aotion was given by the plaintiffs; that there was no proof of Ritchie's authority to employ Maude to serve a notice on Moody, the then Chairman of the Board; that the authority of Ritchie to give a notice of the action was only so far as the ship was concerned and had nothing to do with the cargo; that the owners of the ship could not sue for the value of the cargo; that assuming the Board had authority to appoint a pilot, piletage not being compulsory, Captain Storm became commander of the ship and ceased for the time being to be in the service of the Board; that the Board had no power to appoint pilots, no pilotage district having been constituted at Timaru, therefore any appointment was ultra vires and the Corporation was not liable; that no actual negligence had been proved ; that Captain Storm's services were gratuitous and consequently he was only liable in a case of gross negligence, which had not been proved; that if the negligence had been proved there was contributory negligence on the part of the master of the Grafton ; that all that had been proved against C'pt' ll " Storm was, to use the words of tue leading counsel 'on the other side in opening the case, " an error of judgment," which was not actionable.. Mr Joynt followed, his argument being in relation to the application of the by-laws of the Board. Mr Harper was replying to the argument whan Hiß Honor said he would consider the points raised, and inform counsel on Monday whether it would be necessary for him to reply. It was quite possible that, notwithstanding the weight of the -. Attorney-General's remarks, he might not consider it necessary to call upon Mr Harper to reply. He considered the points raised as to negligence, and as to the right of the company to sue, very important. The Court then adjourned. On Monday the judge said he thought it inexpedient to nonsuit the plaintiffs »n$ x< the defence was proceeded with. In V opening the case counsel said he intended 5 to produce evidence to show that the ship was in a sinking condition when she left the wharf.

HARVEST THANKSGIVINGS. Harvest Thanksgiving Services were held on Sunday inst in St. Saviour's Church, Teroukn, and St. John the Evangelist's Ohurch, Winchester. Boih churches were splendidly decorated with the "fruits of the earth"— foiliage, and fruit, and flowers being worked into most effective and pleasing designs, The thanks of the parishioners are certainly due to those who sent gifts of harvest products, and also to the bands of busy workers who so willingly assisted in disposiog and arraying them in such a manner that the thankful worshipper might realize more vividly the bountiful goodness of the Giver of all good things. The churches were crowded both moring and evening (especially so in St. John's, Winchester, where extra seating had to be provided), and the services were exceedingly bright and hearty, the harvest hymns being taken up most heartily by the congregation. The anthem, "Ye shall dwell in the land,'' was sang in St. Saviour's Church at both morning and <■ veiling services, and wan excellently v v 'ered, the bass solo being taken by ?•;• .C. Whitehead, and thtreble solo by Miss Ladbrooke. Mr Proudlock officiated at the organ at St. Saviour's Church, and Mr D. L. In woof at St. John's. The Rev. T. A. Hamilton, the Incumbent, preached from the Ist Cor., x., 26—" The earth ie the Lord's and the fulness thereof." He remarked that these very words are inscribed in legible characters over the portals of the " Royal Exchange " in London, where so much business is transacted, and wondered how many of the thousands hurrying to and fro, whose eyes rested upon the words, paused to consider the deep meaning involved in them, viz.: That God is the owner of the world. Tha preacher then drew a graphic picture of the glories and riches of the world, animate and inanimate, and the energies of light, etc., exerted to bring forth life and growth and food, and said the heart must fain exclaim with the Psalmist "Lord,how manifold are Thy works, in wisdom hast Thou made them all, the earth is full of Thy riches," and also to ask the question, " Lord, what is man that Thou art mindful of him, or the son of man that Thou visitest him ?" God, he said, needs nothing from man (" for the earth is the Lord's and the .fulness thereof") except humble and thankful hearts, full of adoration and praise. They wer« met together to accord this. Though many were not directly engaged in farming operations, yet all were interested in the result of them, for the prosperity of the country depended largely upon the character of the harvests. This year showed an increase in the province of Canterbury of 666,231 bushels as re- < gards oats and wheat, but the yield of barley was decreasing yearly at the rate of 80,000 bushels per aHnum. It was » matter of rejoicing, however, that th" total yield was sufficient for the "daiy bread " which we prayed for. Bread w>s a necessity for all, but when a nation was too prosperous it became extravagant and luxurious, but once !be pang* of hunger and starvation were felt then luxuries of dress, etc., sank to the level of fripperies and folly. He then described the philanthropic efforts of the opulent in London in giving "Robin dinners " to hundreds of street waifs —the poor little hungry souls being ■ designated robins. (By exchanges wo ascet - i tain that £SO has been subscribed by the , schoolchildren of Otago for this purpose). | He called upon all who had received the Bread of Life to rejoice together for the ' goodly land in which God's providence so bountifully provided for bodily wants, and to endeavor to labor strenuously for the salvation of souls hungering t spiritually. He reminded them that the world was God's harvest-field, the seed ' was the Word, and each person is a 1 laborer. Had we received the Word into • our hearts? W hat were we doing for the * good of souls ? Let every preacher who ' now toils and labors to elevate the moral f character of men remerrber that they ; must not " be weary in well-doing," for in due season " (hey would reap if { they fainted not." Labor and toil we . must expect, but OJod will give the in- , crease, and hereafter—w hen the last sheaf was gathered in at the last great "Har- ■ vest Home"—they would find nrnny there, whom they perhaps misjudged upon i earth, of neighbors, sects and denominations, who should rejoice then with them. ' Then toil, anxiety and care would be passed away, no more tearß, no more sighing, no more fluctuating hopes, but rest and-joy—ioy uuceasing, swelling until Heaven re-echoed with the "sound as of maDy waters" of the glorious anthem's peal, "Alleluia, for the Lord God omnipotent reignetb." The grapes and other fruits were to be distributed among the sick members of the congregations. Mr Inwood officiated at the morning service at Winchester, and Mr Pinckney at the evening service at Temuka, reading eermons appropriate for the occasion, In the afternoon the Incumbent 'conducted service at the Kangitira Valley School, preaching from the words, "I am the Bread of Life."