The Puapeka Times. SATURDAY, DECEMBER 5,1868. "Measures, not Men,"

Tuapeka Times, Volume 1, Issue 43, 5 December 1868, Page 2

The Puapeka Times. SATURDAY, DECEMBER 5, 1868. "Measures, not Men,"

MMb. Henky Smythies, barrister and solicitor a$ law, was charged befpre the Resident Magistrate, Dunedin, on the information pf John Jones, with having been guilty, on the 25th of November last, at Dunedin, 'of unlawfully (after the passing and coming into force of the Law Practitioners Act Amendment Act, 1866, bsing a person who had heretofore been convicted of forgery : To wit, at the Central Criminal Court, in the County of Middlesex, United Kingdom, and not regarding the said statute practising at and before the Supreme Court of New Zealand, at Dunedin aforesaid, as a barrister of the said Supreme Court, in a certain case depending in the said Court, wherein One John Richard Jones was. plaintiff, and Frank Alfred Orbell was defendant, and as such barrister as aforesaid appeared and was heard for the said Frank Alfred Orbell, contrary to the form of the statute in such case made and provided, whereby the said Henry Smythies had 'forfeited and become liable to pay as penalty £500.'" Such is the latest move in the great case of Jones v. Orbell, which has proved the Jarndyce v. Jarndyce of the Supreme Court of Otago. We cannot compliment Mr. Jones on his appearance as a common informer ; nor is the course taken by Messrs. Smith and Macassey, in thus deliberately hounding down an unfortunate professional brother, worthy of anything but censure. We know nothing of Mr. Smythies personally — have no bias on either side in the case of Jones v. Orbell ; but, viewing the matter dispassionately, cannot but sympathise with the unfortunate man whose one crime threatens to doom him to social outlawry. In fact, a more abominable and tyrannical measure never was sanctioned b}' the infamous Star Chamber, than the Act under which Mr. Smythies has been fined £50Q. We have no desire to defend that gentlemen ; he committed a crime, and has paid the penalty — surely neither justice nor reason can demand more. There is something so cowardly in the measure taken by the prosecutor to get rid of a formidable opponent, that we believe a general feeling of indignation will be excited. There is something so. mean in the jealousy displayed by members of the bar at the success attained by an unfortunate member of the profession, that the obloquy with which they desired to overwhelm him must sooner or later recoil on their own heads. Besides, we believe the Act under which he has been condemned unconstitutional, such retrospective legislation being completely abhorrent to the British mind. To strike a man when he is down may be the gospel of some, but is far different from that which inculcates charity and mercy as cardinal virtues. The code of Draco which awarded death for every crime, was merciful compared with such a system, which condemns a man for a solitary sin, not only to the legal penalty, but also to eternal social ostracism — which offers the brutal alternative, plunge into crime or starve. We cannot believe that such was the object of the framers of the Act of 1866 ; it is preferable and less humiliating to think the Magistrate was misled by a too literal reading of its clauses, If such, however, were not the case, we are ready to endoi-se Mr. De Carle's proposition, and welcome French or Austrian tyranny in place of our present " free " constitutional government.

The memorial drawn up by the Land League continues to be numerously signed, the signatures air obtained forming quite a res Dec volumn. After f glancing over lists, we could.not help remarkin o the unanimous feeling pfiajl classes on the Land Question. We find the names of men pursuing every business — miners, settlers, holders of business licenses, and professional gentlemen— all are found banded together by a common necessity. We can hardly believe that so influential a demonstration will be trifled with, even b^.the' miserable shufflers who misgovern the Province ; but if an infatuated blindness to the consequences of their present conduct should lead them to disregard the just demands of the memorialists, we tremble when we anticipate the action. of the insulted and maltreated people. On- this question public feeling is really excited, although we question whether Messrs. Macandrew and Yogel are aware of the dangerous consequences whicfr may follow its being disregarded. Dwelling on the spot and

enecmntering daily men who feel themselves aggrieved by the present state of affairs, we feel assured that a refusal of " land for the people " will give rise to a series of disturbances unparalleled in the history of the colony. Nor can we blame the inhabitantc of the Goldfields for feeling strongly on this question. They contribute some £35,000 per annum to the revenue, while the cost of their administration amounts to only £9,000 ! What becomes of the remaining £26,000 is best known to the advocates of " Dunedin Universities," and to the numberless harpies who prey on the public purse. Such a state of things cannot continue. The warmest supporter of Provincial Institutions is beginning to grow disgusted, and a new plebiscite might have a far different result from that which was taken some time ago. As a proof j of this our readers will find in another column a letter signed " Ex-Provincialist," written by a gentleman who, we believe, was one of the most ardent supporters of Provincialism barely twelve months ago, but who now appears fascinated by the cry of " Local Self-Govern-ment." We believe he is not a solitary c ample, of such a change in opinion, and while we cannot altogether coincide with his views, we feel almost hopeless when we consider who are the present members of the Provincial Executive. Still, if the people exert themselves, and tirml X resolve once and for ever to cast out the accursed thing, a bright future may await Otago — not as a conglomeration of Counties, but as a distinct and separate Empire State. At all events, the crisis is serious, and demands serious consideration.

The last of the series of popular and success- - ful entertainments krpwn as the 'Wetherstones _ Readings came off on Wednesday evening. The 5 performance was up to the high average of former meetings, and was numerously attended. \ "We append a well-merited testimonial to Mr. _ Ogilvie, to whose energy and ability the welfare _ qf the school is in a great measure owing. He ha* declined all offers of payment for his aervik pcs, notwithstanding the amount of time and trouble required by the office he has filled so 1 well. Mr. E. Firth baa been appointed his suceesipr. "Wetherstones, 2nd December, 1868. Mr. James Ogilvie, Wetherstones. L Dear Sir, — On the occasion of your leaving t this district, the School Committee, who have so much profited by the indefatigable industry and greab intelligence you have brought to their » aid while acting as Secretary, wish to put on record their appreciation of your services, and your constant and unremitting zeal in every tiling connected with the welfare of the School and Readings. tWe sincerely trust that sq much good principle, industry, and ability will meet a proportionate reward, and that we shall ere long have the pleasure of receiving a gratifying account of your success and welfare. We remain, Dear Sir, with best wibhes, Ypurs truly, Bryan M'Swinet, Chairman. Edward Fiuth, Sgcretary. On Sunday last Mr. Donald M-Keneie, of Tapanui, was thrown from his horse and seriously injured. His shoulder was dislocated, and his head was frightfully cut and bruised. He waR, taken home in a trap, and promptly attended to by Dr. Niven. When we last heard, of Mr. M'Kenzie, he was progressing as favprably as could be expected. On Thursday evening Lawrence was thrown into a commotion byt^'e alarming intelligence that the Commercial Hotel was on fire. Matters were found, however, not to be so bad as they were at first reported, for although one of the chimneys was on fire, and the roof of the building appeared in considerable danger, the prompt measures taken by xUr. Hay and several other gentlemen soon overcamethedestroying element. We beg to call the attention of our readers to the programme of the Tapanui Races, advertised in another column. From the number and value of the prizes,, some excellent sport may, be expected. -v_L A rcßLic meetinSfcke'd_tth6)Sportsman'D Arms usual , '• : \^^^^^^^^^^^^^^^^^^^^^J M '^t^^^_-_-_-_-_-___-H elect* (C_* -or^^^^^^^^^^^^^B pom _^Kg^[^^^^^^^^^^^^^^^^^^^^^| We J^^^^^^^^^^^^^^^^B 'TH^WM^^^^^H from Tevuf'Se / , 7°7 ° /^^^_^_^_^_H passable. Work,. J ° £°A» i ,^^^^^^H the culveits, only one oi *,heiri beinjpim^^H bad condition ; but as yet the whole. roafHs toeß rough for the passage of light vehicles. If I 1 Thk dredge lelonglng to the late Molyneux j . Co. has l>een purchabed by a now company, styled the Moa Gold Dredging Co. On Satur- 1 day last it was taken down to Miller's Flat. The ( weather was very uupiopitious, and the rocks ' in the river proved"lformidable obstacles, but 1 after passing over a very perilous portion of the j river, not without being driven several tiniea on ( the rocks, the dredge was moored opposite Moa ] Flat Station, where the Company intend work- ] ing for some time to come. There are several new dredges being constructed for working on 1 the Molyneux, one for the Dumbarton Bock, s another to work opposite Mr. Beighton's store, c one for about half a mile farther up, and J another for four miles higher up the river, so that we may Anticipate good results from this r land, of , mining. ]

el A well known and much reipeoted citizen n t Mr. MoKinlay, of the firm Mem*. Herbert and at Co., returned from Englanb by the ihip Robert > " Henderson, which arrived on Monday at Pori r . Chalmers. Mr. McKinlay is well known in th< piy district for his high business qualities and esae timable character, and his return will be hailed qj, with delight by his numerous friends. n. His Excellency the Governor intends visiting er Otago in the end of January. le It is with great regret we chronicle the loss to the district of oneof our most energetic and pubOI lie-spirited citizens, J. C. Brown, Esq., M.P.C., m having left Lawrence for Tapanui. Mr. Brown tl- has taken a leading part in everything calcuSS lated to improve or advance this district, and 1C we believe carries with him the good wishes of 1- men of all parties and opinions. P" We have received a copy of "Bush Flowers", 1S a little volumn of poetry and prose, written we a believe by Mrs. Wood, wife of J.Nugent Wood, * r Esq., Switzers, which we shall take an early op- *£ portunity of reviewing at some length. -* 1 A meeting of the Athenaeum committee was n held in the Athenseum on Tuesday last : present " Messrs. Ferguson, (in the chair) Jamison, Mata thews, Morrison, Stenhouse, and Secretary. Le The secretary stated that the Church of Eng>i land committee had decided not to hold the IS services in the Athenaeum. He then read a v letter he had received from Mr. Hislop with I- reference to the £100 subsidy for the furnishings t- of the Hall. Mr. Hislop was doubtful if the n subsidy due the Athenaeum could be allocated )- to anything other than by additions to the 6 library which was its legitimate purpose. l- Letters from Mr. E. De Carle and Mr. John •S Hughes of Dunedin, presenting nine maps and 1 ; an eight day clock to the institution, were red ceived, and the secretary instructed to convey q to those gentlemen the warm thanks of the fc committee for their gifts. There was also a a copy of "Bush Floweis,", presented by Mrs. s Wood, the author, and which the secretary was , also instructed to acknowledge with thanks. 5 It was agreed that the Church of England committee, if desirous of the use of the Hall, might have it for their proposed Tea-meeting, for one guinea including light. It was also resolved 1- that the Hall be granted for the opening of the s Foresters Lodge on the evening of Thursday the j b 17th instant, with the view to secure them as f tenants of the Athenaeum. A conversation then • took place on the desirability of commencing • readings or Saturday evening concerts, in con8 nection with the Athenaeum, but the further s consideration of the subject was adjourned till - next meeting. It was resolved to request M. Hay, 1 Esq., M.P.C., to deliver his lecture on "Con3 victed Capitalists, andvthe British Bleichant in b Difficulties," for the benefit of the funds of the Athenasum. - There being no other business of importance before the Committee, the meeting r dispersed. > 3 A great landslip of some thousand tons of r rock has taken place at Nevis Bluff, on the 1 Queenstown Road, by which all communication r with the Lake district has been stopped. t A private telegram received in town yesterday from Cromwell states that great excitement . prevailed in that township on account of the ! runholders having mustered the cattle belonging to the miners, numbering about 450 head, and threatened to remove them to the nearest pound, which is at Oamaru, unless the owners consent to pay £1 per head for them yearly. "Daily Times," Dec.2d. We had the pleasure of inspecting, at Mr. Heron's, a nugget from the Fourteen-mile Beach, weighing over loz. Oub sporting readers will learn with regret that the celebrated racer, "Harkaway," belonging to Mr. T. Bradley, dropped dead last , week in the stables, at Tokomairiro. "Harkaway" was a well known performer on the turf, and had distinguished himself at some of the Provincial iace-meetings. •' We believe that Mr. E. Bastings has sold out his interest in the Oriental Hotel to Mr. John McOubbin, late of the Otago Hotel On Saturday last, all the labourers employed on the Port Chalmers dry dock works were dismissed, with the exception of a few quarrymen, another instance of how public works are managed by our present Executive. The Athensgum Brass Band will parade on Saturday^ the sth inst., at five p.m. sharp, when the following selection of airs will be played: -Grand Slow March, Margueretta Polka, the Cure (quick step), Waltz, Annie Laurie (quick step), Set of Quadrilles, Love Not (quick step), Wedding Polka, Dear Mother, I'll come home again. Castles in the Air, Naples Varsoviana, March, Angel's Whis- . per, Vipletta Polna, National Anthem. At the Newmarket second October race meeting, Major Pemberton's eh c Cecil, by j^Plum Pudding, won the Caesarewitch Stages, g^£»e Qc-"n, the wiunsr of the D^erby, being The distance, 2 miles 2 -as run in 4 mjn, 12£ sec. sessions of the Supreme Court Garrett pled guilty to two indicthousebreaking, and the other for to ten years penal serthe sentences to be cum"Provincial Gazette," the Annual Statutory of new School Cointhe 11th. January 1869. accidents occurred at Andrew's day); three Pidwell, and The bodies of Kemp- " iiwe not yet been recovered. to out readers for the the list of prize winners in which may now be seen advertising columns. |^~Ssion,of the listjlast week was entirely owing fto the great pressure of matter which compelled | us to leave out Mr. Hay's advertisement.

!-—*— oi A JJeg(2i,kg Tricb. — There are worse than the following, wheh is toid in Paris ai of a London beggar. The beggar in D( question was it seems in the habit of sit- ii. ting on one of our bridges, accompanied 1 by a dog with a placard inscribed "Blind" ( attached to his neck, and was fortunate PcP c enough to awaken the charitable sym- °^ pathieß of a gentleman, who every morn- cc ing when he passed the mendicant dropped a penny into his hat. One day the ]«, U3u«l donation was omjted, and the supposed blind man ran If ter his benefactor f c as fast as his crutches would permit, and bl coldly asked why the usual penny had l not been forthcoming. tl Why, I thought *& you were blind!" excyaimed the man of go charity, ttmazed. "tfo ,sir; it is not I" va replied the.beggar, "it is the dog. "-"Pall lie Mall Gazette/