WELLINGTON. RETIREMENT OF MR. St. HILL.

Wanganui Chronicle, Volume 7, Issue 377, 14 January 1864, Page 3

WELLINGTON. RETIREMENT OF MR. St. HILL.

[From the Independent, Jan. 5.] On the opening of the Supreme Court yesterday, for the trial of the Special Jury case of Strode «. Evans, his Honor Mr. Justice Johnston paid an appropriate and merited compliment to Henry St. Hill, Esq., on the occasion of his retirement from the office of Sherriff, which he has filled for 21 years. The occasion was both interesting and painful. Those who have been of the number of our earlier settlers, and were in court yesterday, no doubt felt pained that so worthy and so useful a public servant was about to retire from a position lie had so fittingly filled, and would feel heartily the force of the observations made by his Honor. Addressing Mr. St. Hill, who stood on his right and appeared to be in a very weak state of health, his Honor said : •‘Mr. Sheriff,—l understand that you have been obliged, on account of impaired health, to resign the important office connected with this Court, which you have occupied for the long period of 21 years ; and that this is in all probability, the last sitting at which you will discharge its duties. The consideration that I am honoi’ed by your private friendship, and the cause of your retirement, render it a delicate and painful matter for me to address you [on this occasion ; but you certainly would uot be receiving justice at the hands of the Court, if you were allowed to withdraw from your office without a public recognition of your services.

“ You have witnessed the foundation of tins settlement, and the developement of this colony from its earliest infancy up to its present vigorous, and auspicious youth ; and you have contributed most essential services both as a private member of society and as the holder of various public offices towards that developement. The office of Sheriff, which has brought you more immediately into contact with this Court, is one of much greater importance and utility, in the opinion of my brother Judges and myself, than it is deemed to be by some other persons in the Colony ; and we are most anxious that it should not be abolished, but that men of the highest social status and personal character as iu England should be induced to fill it; that, in a word, it should be filled as it has been in this district. Diu-ing the time which has elapsed since I took my seat on the Bench of the Supreme Courtof the Colony, the sedulous attention, the unwearying care, the scrupulous punctuality, the uniform courtesy, and the genuine respect which you have displayed as Sheriff, not only have earned my deepest personal gratitude but have set an example, as I think, of peculiar value in a young]society like ours, which can but with difficulty appreciate the importance of a very strict demarcation between the public and private career of judicial functionaries.}

I have reason to believe that in the discharge of the onerous and difficult duties of Besklent Magistrate you have been eminently successful; that, administering justice without fear or favor, firmly but courteously and kindly, diligently and

■without regard to your own personal ease yon have gained and preserved the confidence and esteem ;of the. -whole body of the Community- I have reason, too, for thinking > that the distressing malady, winch necessitates your present retirement is attributable to a self sacrificing discharge of your public duties. “To a generous mind, the highest satisfaction,'next to a consciousness of having striven successfully to perform, allotted duties, is to know and feel that the efforts and services are duly valued and acknowledged ; and I can confidently assure you that you will carry gwitli you into vour retirement the gratitude and good wishes of all, and the affectionate sympathy of many of your fellow settlers and colonists. If it please God to continue your pei’sonal suffering, you will not fail to derive some consolation from a knowledge of the regard and esteem entertained for you by those among whom you have passed so large a portion of a highly useful life ; and, if on the other hand, their wishes and prayers for , your complete restoration to health, and your enjoyment of many happy days, should be fulfilled, the remembrance of the high estimation in which you were held in the ’Colony, and, it may be, the,, spectacle witnessed by your own eyes, of an exuberant harv.estrjn the the. field which you halve helped to till and so w t will lend additional sunshine and happiness to a tranquil but still distant, old age.” Troops foe, Welhnton. —-We undei’stand that Major Dwyer has been officially informed that he will"not be required to proceed to Auokland as he anticipated, in ‘‘consequence of, the death of Lient Colonel Austen, as the head-quarters of the 14th Regt. would be very shortly removed to Wellington,— New Zealand Advertiser, January 5.

Wreck in Palliser Bay. —-We regret to state that the topsail schooner Success, bound from Lyttelton to Auckland was wrecked in'Pallisier Bay, at 2 a.m. on the morning of Wednesday last, having been driven on shore within about a mile from the mouth of the Wairarapa lake, dnring'a heavy S.E. gale, when the mate Mr. Bui’gess, who formerty belonged to the Crest of the Wave, and a boy, who was,shipped at Auckland, lost their lives. The vessel was in ballast. The mate has left a wife and four children to mourn his loss. The accident occurred through the Captain, who was a gstranger to the Coast, mistaking Taourakira Head for Cape Palliser.— -Ibid.

AUCKLAND. Storm at Auckland. —It is seldom that Auckland is visited with so much thunder, lightning, and rain, as it was on Friday night last. It was such a night as would have put the witches in Macbeth, if they had been only here into extaeies ; but to some of our townsfolk it proved the very reverse of pleasant; indeed, in some cases considerable damage was done ill thdse shops below “ high-water mark.” It seemed, indeed, as if “ heaven’s floodgates” had been opened, for the rain came down in such a pour that the drains were not large enough to carry it: off 1 The whole of the police on duty with the exception of one man left in charge of the police station had to be placed in the gaol to assist the gaoler in taking charge of the pi’isoners confined therein, whose quarteis were so flooded that the male prisoners, 28 in number, including debtors and Maoris, had to be removed to the small guard-room within the gaol jard, and the female prisoners 11 in number, to one of the rooms attached to the Supreme Coui-t. The Commissioner of Police visited the gaol on Saturday morning at, f.hree o’clock, after the flood had somewhat abated, and again , at five o’clock, aud from the watermarks on the walls of the cells it was... evident that in some places the water must have been three or four feet high. The whole prison seems to have been completely inundated, and the beds and bedding of the prisoners were saturated. In several parts of Queen-street the water rose to a considerable height, and but for the exertions of Mr. John Guilding, in charge of the fire-engines, and Mr. John Marlin, night, watchman, who assisted by the SergeantMajor, kept the gratings clear, it might have risen much higher and more damage would have been sustained by merchants and storekeepers than there was. As it was, we have heard of considerable damage, but it would be iuvidious to particularise it. So much for the flood. It appears that, during the storm a cottage hy Union street, Freeman's Bay, occupied by Mi's. McVay, was struck with the electric fluid, which split and splintered one of the verandah posts in front of the house, shattered the weather-boarding in the end of the cottage, broke through the roof by the side of the chimney, and burst a large stone ink bottle, the fragments of which broke several pieces of crockery. A lamp and other articles were thrown from the shelves ; the kitchen utensils, which wei’e of tin, were thrown off the nails on which they were suspended; and the clock was stopped at the same time (nine o’clock). Seven of the family were in the house, and the effect of the shock ‘deprived Mrs. McVay of hearing for about a quarter of an hour, leaving a ringing sound in her ears. The remainder of the family experienced a similar sensation. The shock appears to have been felt by other persons residing near, but .providentially no one was seriously injured. Air. Hunt, living next door to Airs.,McVay, had his arm paralysed for some time. —Daily Southern Cross, Dec. 21. The Maori Prisoners —We are informed that the Maori prisoners on board H.M s.s. Curaeoa, will shortly be removed from their present quarters to the Marion hulk, now lying abreast of her H M.S. Esk, and which is being fitted up by Mr.. Duthie, boat builder, for their special ac commodation. Operations were com-

menced last Monday, and considerable progress lias been made during the week, ft is expected that the hulk will .be.readyfor the reception of the prisoners on Thursday next, so that they may spend Christinas in their new quarters. The, bulwarks of the Marion have been built two feet higher, so as to prevent any of the prisoners easily making their escape bv jumping overboard. ’I wo barricades have been erected on the main deck of the vessel, for the sentries!! who will thus be separate from the prisoners, and \vhich will allow the sentries a good view of all that is passing before them. On the main deck there has been constructed a large cooking galley, about fifteen feet square. No person can walk to and fro to the galley, or any part of the vessel, without being seen by the sentry on guard ; and it appears almost .impossible for a prisoner to make his escape. Below there are bunks nicely fitted up, and the apartment is very roomy, and apparently much more comfortable than the steerage berths of an emigrant vessel. Good ventilation is secured by ten port holes which have been made for this .purpose. Such is the accommodation provided for the prisoners ; who will have no reason to complain hereafter that their bel igereut rights have not been attended to. , The officers and men who are to be stationed on board as a guard have not been forgotten. Everything is being done that can add to their comfort or convenience, A lai’ge house has been erected on the poop, with a galvanized iron roof, In this is the officers’, mess room, which is separated by a partition, and when finished it will be as snug and comfortable a place as could be wished for. There is a cooking g a fi e N on poop for the officers and guard, so that they may be quite separated from the prisoners. \\ e are informed that the number of men required for sentries will be three at a time—one for the forecastle, and two for the main deck. 'J he Marion will still be used as a coal hulk, a portion of the vessel being reserved lor that purpose . We have nob yet h card what arrangements have been made, if any, for procuring special constables for guarding the piisoners Probably the military guard will he retained ; but if not, we suspect that the fact of comfortable quarters having been provided will not be any attraction either to the volunteers or militia for the performance of so unpleasant a duty. —Ibid Dec. 21. Courageous Conduct of an Officer of the Ist Waikatos. —A private of the 3rd Waikato Regiment surprised in some martiuding or other vile intention, was, on Monday last, pursued and taken prisoner by Lieut. Lomax, of the Ist Waikato Regiment, and now of the Commissariat Trnasport Corps. From the information I can gather, it appears Lieutenant Lomax in charge of a convey, was proceeding along the Wairoa road, and when he arrived to Steele’s house.a noise like the report of a rifle was heard. Mr. Lomax at once rode up and seeing a •man rush out of the house and make towards the bush, he pursued him as far as a creek. The man, armed with a rifle sci’ambled, over the creek, and when on the other side, opened fire on his pursuer. Although the villain endeavoured to fire several times most fortunately, each time the cap only snapped, the ammunition being damp. Unluckily, the gallant officer had no revolver with him at the time, but in a short time succeeded in obtaining one, be was enabled to rush upon the fellow and take him prisoner. A somewhat important rate case (Collector of City Rates v. David Sheehan, debt £l7 125.) was tried at Auckland on the 23rd ult, involving the liability or otherwise of more than 80 persons who had been erroneously charged by the City Commissioners with the rates on properties in the City, and who had neglected to appeal against the assessment. The judgment was for the plaintiff, on the ground that the assessment of a rate as completed after hearing the objections, and. as entered into the ratebooks, is final ; and that any. one to whom.a rate or any property has been improperly charged, and who has failed to apppeal must pay the late on such pi'operty for that time, and get the error rectified at the next assessment, or take his chance of getting the Board to refund the’money.

CANTERBURY. The Members for the various portions of this province have been calling e public meetings of their constituents, to .report to them the proceedings in the General Assembly. In that called by Mr. Ci’acr*<ft Wilson he gave to the world the result of his observation of our part of New Zealand, ns gathered from his flying visits to Taranaki and Wanganui. In conexion with the confiscation policy he said, “ There vhis between Waitara and Wanganui a million and a half acres of land, the whole of which was liable to confiscation—land such as was in no other part- of New Zealand, and which would sell for an enormoussum.” He, however, appears imbued with the common but erroneous idea, that Wanganui is in Taranaki province, as lie said, “ Taranaki would soon be the finest province iu New Zealaud. In a few months her confines would reach to Wellington ” This mistake is of little moment to us in Wanganui—indeed the only way in which it could possibly injuie us would be, by perhaps leading some English Emigrant, who from reading Captain Wilson’s speech might turn his thoughts to Wanganui as his future home, to imagine that his readiest way hither was via. New Plymouth ; but we note the error, which we have before observed in other quarters, as a hint to the Wellington papers to correct it, and let all the world know that a very large slice of the land so highly praised by Captain Wilson, and

far more of the same quality from hence to -paikakarlki, is a portion of WoHingfon .Province—that, in fact the Southernmost point of Taranaki Province, the Patea river, is by the coast 160 miles or so-from . Wellington. Gold continues to be found in small quantities at Oxford, and from a Mr. Bhei-rins’ journal-of- an exploration of the West Coast Of the province, appears likely to be found in some quantity on the West of the Mountain Range. TARANAKI. Presentation of Medals for Good Conduct.— At a general parade of. the 57th Regiment on the 9th instant, medals for long and meritorious service were presented by Colonel Warre, 67th Regt. C. 8., to the* following men : —Sergeant William Bosworth, with a gratuity of £lO ; Private Charles Arustorth, John Kibble, William Turk, and William Worsley, with the regulated gratuity of £5 each. There was also a medal for late Private Flynn (murdered at Wairau) which was given to his widow. At the same time the Coroner of the Jury (J. Flight, Esq.,) that sat at the inquest upon the mui'dered officers and men on the 4th of A!ay last, presented Florence Kelly, the sole survivor of the Wairau massacre, with a gold medal. * ■*.- Mr Flight also read the following address to the 57th Regiment “The inhabitants of New Plymouth hereby desire to express to the Officers, Non-commissioned Officers, and Privates of her Majesty’s 57th Regiment how deeply they sympathise with them in the tragic occurrence of the 4th May, 1863, when Lieutenant Tragett, Dr. Hope, Sei'geants Ellers and Hill, Privates Flynn, Kelly, Banks, A cCarthy, and Ryan, met with their deaths, having been waylaid and brutally murdered by Aiaoris at Wairau. The expressed determination of Lieut. Tragett that he would rather die .* with his men than leave any wounded behind him will always be remembered* with admiration.” Colonel Warre added, that a sum of A 79 had been collected and given to the widow of Flynn—-General Cameron having headed the list with £ 25. The Governor had also given her a section of land.— J Jerald, Dec 26. On the 21st ult. a purse of sovereigns was presented by the Otago Contingent of the Taranaki Militia to Mr. Thomas Jackson, their Honorary .'Secretary, "in testimony of their appreciation of his services, especially in obtaining privileges in addition to what were offered by G<vernment, the most important of which is the power of willing their lauds .torelatives or friends, at any time during their term of service.

MARLBOROUGH. The Rev. Thos. Lloyd I utor, for some years resident .in the Nelson iTovinue, lias been appointed minister of * the Episcopalian Church at Pietou. SOUTHLAND. Flax. —A new mode of cleaning the phormium tenax seems to have been begun in Invercargill. The Southland A< ws says of it :—“A question or two addressed to the owner of the works, —for such they may be called, although at present on a small scale, —immediately placed us on speaking terms, and on ascertaining the professional nature of our inquiries, Mr. John Scott in the most obliging manner, explained some of the uses to which he had already con veiled both the flax and snow grass in which our province abounds. As we intend on a future occasion to enter into greater detail on the subject, »ve. will coutent ourselves in the meantime with remarking on one or two of the practical obtained in 'this incipient ropery. Iu the first place we weie shown a hank of Russian hemp; in the next, some corresponding bundles of New .Zealand flax, dressed under processes discovered by Mr. Scott. Comparisons are not usually satisfactory, yet on this'occasion we must admit we were really gratified at the result. In one of the samples a softness had been obtained 'at least equal to the ' Russian specimen, and in another; a fineness and length of staple combined with strength, far beyond it. Mr. Scott stated that the solvent he had found most ef- - fective in removing the gum, was also eligible in an economical point of view, and that with the machinery (of which he . displayed a model) he had indented, the manufacture 4 of flax 'might become, a general and profitable employment. Indeed, so far from wishiug to monopolize his discovery lie seemed to enjoy the consciousness of being enabled to add to .the industrial resources of the province, remarking “ There is no danger of our o e sticking the market.” Our space forbids us on this occasion to enter iu detail on the interesting contrivances availed of by Mr. Scott Up to the present time, the production of stuffing for cushions and mattresses has kept him fully employed, and we really cannot imagine a sweeter or more desirable substitute for horse hair than that furnished . by his process. He proposes, however, to manufacture twine and other cordage, and as he is provided with the necessary appliances we may shortly expect to see some tangible result iu the more elaborate working of our indigenous material ”

THE BULLED GOLD FIELDS. The Schooner Mary, which arrived on Saturday evening, brought .with her upwards of 100 ounces of gold. She also brought another large nugget, weighing til'ty-niue ounces, which was obtained vu the Lyell creek a fortnight since by a party of Maories. The few who are employed on the seveial creeks are all doing well, but the Mary brought uo further news of * particular importance, as The diggers had

not readied port to spend their Ohristm aH holidays before she left the Haller. lid*' will also, we presume account for out not having received our usual letter. The fift'y-nine ounce nugget is of pure gold, and is in .shape like a pistol. One hundred ounces of gold have also arrived overland from Oollingwood, where the few diggers' employed are doing well. —Nelson Examiner , Dec. 29. Singular Birth. —A day or two ago Mrs. Ihotnas, wife of Mr. J. JET. Thomas, of the Horse and Jockey, Waimea West, gave birth to two. female children, united by a ligament attached to the side .of eadi of the infants similar to the hand which united the celebrated Siamese twins. Both the children were still-born, and we are sorry to hear that the mother is in a precarious condition. — Colonist, Nov. 24. Hone Pokiki, the native charged with the murder of W T illiain Grant, at the Pelorus, has been, found guilty and sentenced to death.

OTAGO. The following case tried before the Supreme Court in Dunedin may be interesting to our readers. Small v. Pole. —The plaintiff claimed compensation for the loss of a horse, which had ensued in consequence of the aileged carelessness of the defendant. The damages were laid at ,£l2O. Mr Barton, instructed by Mr. Gillies, appeared for the plaintiff, and Mr. Prendergast for the defendant. 1 he short facts of the case, as stated by the counsel for the plaintiff, and corroborated by his evidence, are as follows : The plaintiff, David Small, a carrier living at 'Wellington on the North Island, on the 12th December last shipped two horses on board the steam vessel Queen, for to Port Chalmers. The defendant, Capt David Pole, was master of the s' earner : and the plaintiff came to Dunedin hr the same vessel. The horses arrived safely at tire Port, and a lighter or punt was engaged to convey them on shore. It was necessary in transhipping them from the Queen to the punt to use slings and tackle, and the punt not having any, those belonging to the Queen were put in requisition, The first horse was successfully lowered, but the second, being a heavier animal, the tackle broke, the horse fell and broke both- his liind legs. The slings of the punt that conveyed the horses to the steamer had been used m shipping them at U ellington The plaintilf saicl he could really have sold the horse for X9O. John Brown, a seaman on. board, the lighter engaged to convey the horses on shore, stated that the horse was lifted by the steamer’s ci’ane, and the bight of the rope which was attached to the liook of the crane broke. The horse fell, and was conveyed on shore.* He did not consider that the rope was .equal to carrying such a horse, and he had seen hundreds safely lowered. The ship’s tackle was invariably used on such occasions, as lighters carried no tackle. The horse was killed, and taken on shore and buried. The plaintiff paid one guinea for .its beingtaken away.- The accident could have been avoided with common-care.

Captain Frederick Bowden, part proprietor of the punt on to which tlie horses were lowered, said—tlie facts stated by the previous witness we *e strictly correct. be slings were an old pair which ought not to have been used for valuable horses. All ships and steamers accustomed to convey horses carried slings for the purpose of discharging them at Port Chalmers. Mr. Prendergast moved for a nonsuit on account of the facts proved not agreeing witli the declaration. The first count averred a promise of safe delivery. Nov/, horses were live animals and uuless in case of a distinct promise, carriers did not contend to deliver live animals safely. The next count was a failure to deliver the horses. It stated one horse was notdelivered—but one horse was delivered Then* there was no proof of a contract or of payment of freight, and there was no proof of negligence sufficient to render the defendant liable for the damage done to the horse. Mr. Barton replied that the law with regard to live animals only applied to their dying from natural causes on the vovage. With regard to- the argument of no proof of contract, if a person stepped into a car and, was conveyed by it, the presumption was, that the fare was paid aud so with the horses —the fact of conveying them implied a coutract that they were conveyed for hire, and that freight had been paid. And by Wilson and Britt it was plain that even if a duty were gratuitously performed, the party undertaking it was bound to exercise due sicill—due skill had not been used and therefore defendant was liable. Mr. Prendergast addressed the jury in defence, and urged that it was not fair to assess damages against defendant in the absence of evidence that he was aware of the horses being on board of the Queen —that because the lighter laid provided slings at Wellington they were bound to do so at Port Chalmers, and the lighter provided for the conveyance of the animals on shore was not proper for the work. On these grounds they should lind for. the defendant. His Honor, in summing up tlie evidence, said that he was of opinion that the horses having been received on board the Queen they must be considered as having been taken for hire. The question must be left to the jury vlih regaid to whose duty it was to provide slings, and if they were sufficiently safe for the purpose, and if they found the defendant liable, it was for them to state the damage. The jury retired a short time, and on their return awarded to the plaintiff damages to the amount of X9l.

MELBOURNE. DESTRUCTIVE FLOODS AND LOSS OF LIFE[From the Weekly Herald, Dec. 18.] The inundation of Tuesday was a national calamity. In Melbourne alone merchandise to the value of many thousands of pounds has been destroyed ; but this loss, considerable as it is, sinks into insignificance when compared with the frightful devastation which has occurred all along the banks of the Yarra. The manufacturers from Studley Park to the junction with the Saltwater River have received a blow from which it is doubtful whether many of them ever can recover. In some cases the whole of their premises and plant have been carried away ; the more fortunate have lost the°greater portion of their stock-in-trade ; none have escaped with impunity. The unfortunate people who lived near the river, abandoned their homes during Monday night, in many cases saving their lives with great difficulty, aud leaving the whole of their furniture behind them. Many of the houses are entirely.destroyed, and others are so much injured that it is extremely doubtful whether they will be again inhabitable. The pleasant gardens along the Yarra’s bank are tilings of the past, and the viueyards and orchards on which the labour of so many years has been expended, afford a melancholy spectacle. There is only too much reason to fear that the farmers in the neighbourhood of the metropolis will be heavy losers, and that a large portion of the hay, and wheat is irretrievably ruined. Melbourne that day presented an appearance novel to most of its residents. The streets were almost empty, and business was at a stand still. Those who were adventurous enough to brave the pitiless storm, were surveying the ruin which the flood had wrought at the wharves, or the strange scene which was to be witnessed from Prince’s Bridge. From Flinders Street to the Immigrants’ Home was a roaring torrent, from Melbourne to Sandridge a muddy and stormy sea ; and Emerald Hill might have been more appropriately styled the Emerald Isle. Half a dozen horses, and a few fool-hardy individuals who tried to stem the flood, were rescued with difficulty. One poor fellow lost his life in trying to cross to the St. Kilda road in a boat, and another met with a similar fate in attempting to recover a quantity of furniture, at Simpson's road. These are the only fatal accidents of which we have yet heard ; but it is to be feared that a still larger number of lives have been sacrificed, the more especially as we have already heard of three marine disasters. Until the full measure of the calamity is made known, it would be premature to make anv suggestions as to what should he done for the relief of the sufferers. A. frightful amount of misery must necessarily be caused, and the bounty of the state will doubtless be appealed to. December 15. Siuce’tlie year 1847 do tempest equal in violence to that of Sunday and yesterday has occurred in the neighbourhood of Melbourne. Storms there have been, of course, which have come upon us suddenly, causing general annoyance ; lmt anything more thoroughly unseasonable than the gale now prevailing has not been experienced for years. The storm commenced on Sunday afternoon, and was characterised by heavy squalls of wind and rain, approaching in violence the force of a hurricane. Since Sunday morning between two and three inches of rain have fallen, which is a very unusual quantity. The lowest reading of the barometer was at 6 a.ra. yesterday morning, at which time the register was 29.04-1. Since then it lias been gradually yet slowly rising, but not sufficiently so as-to warrant a hope that the storm had passed its crisis. So great was the force of the wind that trees were uprooted in all directions, and roofs and chi nine vs were destroyed the rain falling in torrents, arid without intermission. At six o’clock yesterday morning the punt road from the Napier Hotel towards Swan street at Richmond, was literally strewed with boughs blown from tlie adjoining paddock, and during the day enterprising persons, careless of rain or wind, were to be seen dragging them away for firewood. In this locality the streets were completely flooded, as indeed was the case throughout all the low-lying suburbs. In the Fitzroy Gardens many of the valuable and beautiful trees were destroyed, and considerable damage besides done to the shrubberies. At St. Kilda the violence of the storm was felt pernaps more than in any other place, as might naturally be expected, from its exposed position. Tlie bathing houses suffered considerably, and that of the St. Kilda Company became a perfect wreck —the planks and furniture of the establishment being smashed and tossed about on the beach. This cannot be but regarded as a public misfortune, as the bathing season may be considered as having” now fully set in—weather permitting. Among the several accidents to buildings that have occurred during the gale the damage done to the Volunteer orderly room iu “ Highett’s Paddock ” on the Richmond road, is perhaps the most noticeable. A considerable part of the roof was torn away,- and the building generally £! disorganised. Roots, walls, palings, and fences have been destroyed in all quarters, and indeed it would be difficult to find a single street in which some kind of damage has not occurred. From the suburban railway terminus, Prince’s Bridge, a carriage was driven by the force of the wind down the line • past Jolimont, aud in order to prevent accident an engine was as soon as possible dis]latched to bring back the involuntary ■ deserter. The coach which left for Whittlesea yesterday afternoon, with six passengers, was compelled to return in L onscqucnco of the bridge over the

Darebin Creek having been carried away. There was no possibility of crossing, and therefore no alternative but to come back to Melbourne. It ii scarcely necessary to say that Elizabeth street, and, indeed, most of the city thoroughfares were almost impassable for pedestrians—-the proprietors of the cabs gathering in their accustomed harvest of silver. At the time we write the rain is still falling with a pertinacity which does not seem to promise an}' abatement of the storm ; and while the flooding of onr streets, the inundation of our cellars, and the general drenching tohvhicli we are all subjected are certainly matters of no very agreeable description, they are but light as compared to the probable iniury which the crops will sustain from this unsual disturbance of the elements. December 16.

Since November 1849, Melbourne, although occasionally subject to the visitation of floods more or less severe, has until yes'terdav escaped the most serious consequences of inundation. Unfortunately this comparative immunity from disaster produced by such causes has now found a limit, and while we write several of the environs of this city’are completely isolated by the effects of flood and deluge. The gales of the last forty-eight hours have retained the tidal flow in the river, which additionally swollen by the heavy rains, has burst ovei’ its banks, and inundated all the low lying ■’country in its neighbourhood. At present it is impossible to form an estimate of the destruction which has been caused, but this must be very considerable, as the wharves and indeed a large part of Flinders street are under water, and the farms, gardens, and manfacturing establishments contiguous to the Yarra YaiTa, have sustained immense damage. But much more lamentable than even this, is the loss of human life involved in this calamitous visitation. At present it is certain that two persons have perished in the flood and it is much to be apprehended that this number is not the maximum, as direct communication with Emerald. Hill, Sandridge and St. Kilda Joeing entirely cut off dm-ing the greater part of yesterday, it was impossible to obtain anything like complete information respecting tlie condition of those localities. One poor fellow lost his life in tlie presence of many spectators, who were unable to render him the least assistance. Sevei'al horses were drowned, the riders and drivers narrowly escaping a similiar fate. Business has been almost entirely suspended in Melbourne for two days, and all the public meetings announced to take place yesterday were postponed. The Melbourne Gas Company were unable to keep up a supply last night beyond nine o’clock, the lower rows of their retorts being submerged. The Saltwater River has also overflowed its banks, and the flood has risen to the level- of-the floor of the abattoirs, which are five feet above the ordinary flood mark. At tlie FI mington Tollbar yesterday morning, tlie water was three feet deep on the road, and, as we are informed, tons upon tons of new hay were floating in all directions along the stream.

Sandridge and St. Kilda were evidently exposed to the whole fury of the tempest and the beach is strewn witlqruins. The bathing houses at the most fashionable suburb are all quite dismantled, and the unfortunate proprietors will have sustained a very heavy pecuniary loss. Several bridges near town have been washed away, and the parks and orchards have been deprived of many of their finest trees.

It was not to be expected that the shipping would escape scathless from a storm so violent. At Williamstowr. the casualties seem to have been remarkably few, and of a comparatively unimportant character. But on the eastern shore the reverse has unfortunately been the case, for in addition to the destruction of many small boats at Sandridge and the stranding of luggers, tlie disasters include the foundering of tlie schooner Liverpool laden with bides. The strand mg of the Northern Light at the Heads is, we are sorry to perceive, not tlie only calamity of this kind that our coast has witnesed, intelligence being received yesterday that the barque Iquique, inward bound from Bordeaux with a cargo of French produce, went ashore off Cape Schanck the previous evening. It is at least satisfactory to know that, in both instances, the lives of all on board were saved.

The full influence of the tempest does not appear to have been experienced on the other side of the Dividing Range, although, as will be seen by our columns, tlie weather lias been exceedingly boisterous in the Ballaarat district. At Bendigo the rains are expected to be productive of much benefit. The country on the Beecliworth side is also reported to have escaped the disastrous effects of the storm, which has caused such havoc nearer the metropolis. It is not at all improbable however, that we shall hear less favourable news in referencejto the continuation of the tempest, particularly as we perceive by our telegrams that both New South Wales h and South Australia have been visited by the gale. On enquiry at the Government railway 'station last night, we learnt that the neighbourhood of Geelong was flooded, but that no disasters were reported on the Bendigo line.

The continuance of the severe gale with heavy rains affected Melbourne yesterday to a most alarming extent. During the previous day the river had begun to overflow its bauks in all directions, and the flood |gathered volume until yesterday evening, when it attained a height unprecedented since 1849. Although the higher portions of the town wore no unusual appearance, and even the channels in Swanston and Elizabeth streets were not more swollen than they are after only

an hour’s heavy rain, yet the lower portions of the town, especially Flinders street and lane from William street presented a disastrous scene. The Melbourne and Hobson’s Bay Railway was flooded to the depth of about two feet near the junction of the St. Kilda and Sandridge lines, and trains to those stations were discontinued in the afternoon, as, although there was no actual danger, the directors were unwilling to risk injury to the permanent way. The Victorian railways ran trains as usual but a portion of the Brighton line being under water only a few trains were started during the day. The dip in the road between Prince’s Bridge and the Immigrants Home being the bed of a most rapid torrent, traffic over the bridge was closed, shortly after noon by direction of the Commissioner of Roads and Railways, and the direct road communication with Emerald Hill, St. Kilda, and Sandridge was thereby stopped. Several persons attempting to brave this regulation paid for their folly in the accidents which ensued, and one more fortunate in escaping from the evils of the water was taken to the lock-up. Those, however, who lived in these suburbs and did not wish to brave the flood or the police, reached their homes by means of the Melbourne railway to the Gardiner’s Creek road, and thence by cars Towards five o’clock in the afternoon the clouds began to break and the wind to lull, but it was only a temporary improvement as later in the evening the rain fell again heavily. The flood readied its highest about six o’clock in the evening, and from that time began slowly to decrease. At Prince’s Bridge a very comprehensive view of the flood could be obtained, and, as a consequence, i lie bridge was thronged during the whole day by people who, regardless of the miseries to which they exposed themselves, were bent upon witnessing a scene which has not been equalled in Melbourne for many years, if ever. From an early hour the previous evening, it had been unsafe to attempt to cross from the bridge to the St. Kilda or Sandridge roads, and a policema had very wisely been placed there, to prevent any one passing after ten o’clock that night. The fencing on.either side of the road had been early carried away by the torrent which swept across the road, tearing up two or three telegraph posts in its course. The cause of the flooding of the St. Kilda road is attributed by some to the closing up of an open culvert Avhich once stood a few chains from the open arch on the south side of Prince’s Bridge. This was stopped up two or three years ago under the authority of the Emerald Hill Council, who wanted to fill up the ground between the river and the Sandridge road. In consequence of this stoppage the water recedes to tlie low ground at the foot of the barrack hill, and, when swollen, bursts through every obstacle and covers the actual road. During the whole night of Monday the water continued to rise rapidly, and yesterday morning stretched from within thirty yards of Flinders street, on the east side of the bridge, to the fence of the Immigrants’ Home ; while that which poured ovc-r the St. Kilda road into tlie Emerald Hill swamp and the Sandridge road, reached to the Three-chain road, Emerald Hill, aud to the level crossing of the St. Kilda Rail way over the Sandridge road, entirely submerging all the low land on the south side of the Yarra, west of Prince’s Bridge. Above the bridge only about half of Edward’s and the club boat bouses could be seen, while below, the cottages, factories, and Emerald Hill Cricket Pavilion were alike only partially visible. An employe of Mr. Grassie, of Elizabeth street, about noon persisted in attempting to drive a horse and cart from the bridge to the St. Kilda road, but bad scarcely entered the water when the liorse was carried off its feet, upsetting the vehicle. The man succeeded in hanging on the wheel until he was rescued by a boat, but the horse so foolishly risked was drowned. Another man equally obstinate, met with a similar mishap in trying to driva his horse through from the St. Kilda side of the water"; his cab l’emained to serve as a warning to others. An accident, unfortunately attended with a fatal result, occurred to a man who attempted to cross in a boat. When partially across, tlie current proved too strong for the rower, and the boat borne against the remains of the fencing immediatelyeapsized. The man*, whose name we have been unable to ascertain, sank with the boat and was seen no more. On the Sandridge road the debris of a car was seen which had come to grief on the previous evening. Passing down Flinders street, foot passengers were arrested at the corner of Market-street by the flood which spread in an uninterrupted sheet of water thence to Spencer street, laying the Wharves and roadway about three feet under water. All the houses were closed, and attempts, unfortunately for the most part unsuccessfully, were made to keep out the flood by barricading the doors. The lower part of King street, from Flinders lane, was covered to such an extent by the stream that a boat was rowed from the Yarra, below Cole’s wharf, up to the door of ‘Messrs. M’Meckau and Blackwood’s office. In this part of Melbourne, perhaps the most considerable amount of damage has been done. Large quantities of salt and oats stored upon the wharves have been -washed away, and the water has penetrated with most most injurious effect into the warehouses on the wharves. , Messrs. Eulton and Co’s foundry, extending from Flinders street to Flinders lane, was covered with about three feet of water, and a little higher up, Messrs Bancroft and Go’s free store was inundated to a nearly equal extent. In this warehouse large quantities of rice and salt were stored, and these have all more or less fcudained damage, which , will not be •covered under a considerable sum.

Beyond*Batman’s Hill, the Melbourne Gas-works were the most noticeable feature. The water on that spot could not have been less than four feet in depth, and operations were almost entirely suspended, in consequence of the impossibility of gaining access to the furnaces. The I'etorts contained but little gas, and about nine o’clock in the evening that little gave out, and the streets and many houses were suddenly plunged in profound darkness. As yet it is impossible to assess the damage caused by the flood or even to give any adequate idea of its extent, many owners of property being unable to ascertain the amount of their losses. One thing, however, is certain Melbourne has never suffered to such an extent by any previous flood. In the Botanical Gardens the ravages of the gale and flood were everywhere apparent. Ti*ees and flowers hud been uprooted, and the river flowed into.- the gardens a distance of about three hundred yards. The old menagerie and the path in front of it were completely submerged and the aviary adjacent to the lagoon was partially inundated.

A case has recently been decided in the Supreme Court of Victoria of considerable importance. We extract the following particulars from the Argus, — “ Tlie Supreme Court decision in Holt v. Wedge, given a few days.ago, negativing the right of a bailee of chattels to sell the same for his charges, ought to open the eyes of many people in Victoria to the illegal, course they have so unceremoniously adopted during the last ten or twelve years, under the impression, as evinced by the advertisements constantly appearing in the daily journals, to the effect that ‘if Mr So-and-So does not pay charges and remove his goods and chattels deposited with me within fourteen days, they will be sold to pay expenses,’ thatgthov* are justified in such steps ; aud, in nine eases out of ten, the goods ara sold ; and, in the same pi’oportiou, the original owners abandon their right and title to them, under the impression that the law sanctions such a course, which misunderstanding a perusal of the above case will soon set right. Whether an alteration of the law may be advisable or not is another question, as the present law cuts two ways In the case in point, the chattel deposited was a mare, whose value was subsequently increased by the addition of three foals ; and their agistment having approached pretty nearly the value the paddock-keeper put upon them, he gave notice and realised them at auction, and against the owner’s right to redeem them. How, this illegal seizure may have appeared the best and speediest course for the defendant to have adopted, but the result is a verdict with nominal damages against the defendant, who pays costs (perhaps some £150), on both sides, a rather smarting salve for the care of the plaintiff’s mare for some four years. This verdict may, perhaps, open the eyes of sundry store, paddock, and stable-keepers, and such like, as to the risk they run in disposing of their neighbour’s goods and chattels merely held on deposit, and sold, in hundreds of cases, in deflauce of law.”

M. NADAR’S GIANT BALLOON. The Paris correspondent of the Daily News, writing on Sunday, the 18th Oct. says :—M. Nadar made his second ascent in the Giant balloon at five this afternoon. Owing to the publicity given to his former voyage the number of visitors to the Champs :le Mars was very much greater than on tliis day fornight, and the heights ol Trooailero were crested with people as thick as swarms of bees. The arrangements were better titan before. While the mere entrance to the Champs de Mars was reduced from lfr to 60c, there was an ample area immediately around the halbou well furnished with sects, and those who were willing to pay sfr for the accomodation saw the proceedings with perfect comfort. M. Nadar made various ingenious arrangements to confute several criticisms made upon his former ascent. By way of affording a conclusive answer to the objection that the Giant was after all not so verylarge. he inflated by the side of it an ordinary balloon, such as generally mikes an ascent at Parisian ietes, and this scarcely looked bigger than a tennis ball in comparison with its g'giutic neighbour. Then to prove that the Giant was strong enough to raise in the air a much greater number than thirteen, he crammed into the car about thirty soldiers, who mounted to the extent of the rope’s length, and then were pulled down again. During the progress of the inflation a number of fire balloons were let off, which burst very successfuly over Paris, and served to arouse the attention of the comparatively few people who were not already aware of what was going on. The weather was much the same on the last occasion—grey and cloudy, but there was more wind. I do not know exactly how many people accompanied M. Nadar on this occasion ; he said in a letter to the papers that he no longer cared about the particular figure of thirteen and gave it to be understood that he meant to have even a larger party. I do not know either whether a really long voyage is contemplated, but at all events there were no legs of mutton and lobsters ostentatiously displayed this time. There may, however, be a good provision inside. I had an opportunity of inspecting the car yesterday, and found in it a kitchen and a larder and a great deal of glass and crockery. There is also very snug lying, not indeed, for all the party at once, but turn and turn about. The two balloons, the big and the little one, made their ascent simultaneously, and went off in a north westerly direction, the little one being much the highest. A telegram states that at half-past eight on Sunday evening

Nadar was over Compeigne, 87 miles Paris. He sent a message down, “ goes well,” and continued bis journey wards the north, having descended near the ground to speak. A telegram from Paris, dated 2.30 p.m., on the 20th states :—“ No news of Nadar’s descent. He passed Erquelines on the Belgian frontier near the ground at 12 on Sunday night. The Customs’ officers watching called on him to declare if he had anything liable to duty, but Nadar kept on his serial voyage towards Germany without further notice.” A telegram from Bremen, on the 21st says :—“ Nadar’s balloon descended near Kystrap, Hanover. Nine persons were in it, three of whom were seriously, and two slightly, injured. The balloon was dragged for several hours, the anchors having been broken.” A friend of M. Nadar in Paris, received a despatch which says: —“ We descended near Nieuberg, in Hanover at noon on Monday. Our balloon was dragged for several hours, the anchors having been broken. St. Felix,, my wife, and I are rather seriously hurt; the others are better we owe our lives to the courage of Jules Goddard. More detailed news to-morrow J” A telegram from Hanover sajs : —“The wounded persons have been conveyed to this city and placed under the care of the French Legation. The King of Hanover sent an aide-de-camp to enquire after their wants. M. St. Felix bad sustained a fracture of the left humerus, besides contusions on the face. M. Nadar sustained a compression of the thorax, and contusions on the leg. TheFrance says that M. Goddard, one of the passengers accompanying M. Nadar, opened the balloon with an axe, to aliow the gas to escape. Paris, Oct. 22—The aeronaut Nadar, who passed the night in the clouds and made a voyage of a length and duration almost, if not entirely, unparalleled, ?s very seriously injured. He remained in the air nineteen hours, and performed a distance of 650 kilometres, or about 400 miles. Another despatch says that M. Jules Godard at the most critical moment got into the ropes, at the risk of his life, and with several vigorous strokes of a hatchetbpened the balloon'and let out the gas. The Emperor, after conversing with Mr. Nadar, was so much struck with the theory of the aerial machine on the screw principle which they propose to construct, that he save M. d’Amecourt a sum of :-o,ooofr. for the purpose of building a small model of sufficient force to raise one man, and thus to try the principle. Dr. Richard, of Paris, left on the 20th for Hanover, having charge of M. Nadar’s s 'll, and yesterday the following telegram, was received from him : “ Hanover, Oct. 22. “Dr. Richard declares the persons hurt in the descent of M. Nadar’s balloon to be progressing favourably, so that their speedy recovery may be expected.”

A Railway Across the Solway.-—. The initiatory steps have just been taken, in a railway pioject tliat may prove one of vast importance not only to Annan but to tbe nation at large, and one that, if it is ever accomplished, will be as great a triumph of engineering skill as this age of wonders can boast of. We allude to a survey which is now making for a railway designed to cross tbe Solway from near Annan to Bowness, thence to proceed along to Morecambe Bay—the estuary of the rivers Waver and Warn pool—which it will also cross, and be the means of reclaiming about 6000 acres of land, and will thence continue along the shore to Maryporb, where it will form a junction with the Railway to Whitehaven, aud thus become a portion of another trunk line from the midland and Lancashire and Yorkshire districts to Annan, where it will be placed in connection with all the railway systems which traverse Scotland. A section of the Solway at its narrowest part, immediately opposite Annan, was taken on Monday, when it was found that, at a few feet below the overlying sand, there was a level plateau or tile or clay admirably adapted for the erection of works similar to those .by which a railway has been successfully carried across Morecambe Bay on the Westmoreland and Lancashire coasts, and other places, by Mr. Brunlee’s the engineer who is the projector of the proposed railway across the Solway.— ‘j man Observer. Musical Catechism. —Ist. What is a slur 1 Almost any remark - one singer makes about, another. 2nd. What is beating time '? Singing so fast that time cannot keep up with you. 3rd. .what is a rest 1 Going out of the choir to. get some refreshment. 4th. M hat is a swell! A professor of Music who pretends to know everything about the sience.

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