LOCAL INTELLIGENCE.

Wanganui Chronicle, Volume 7, Issue 379, 28 January 1864, Page 3

LOCAL INTELLIGENCE.

RESIDENT MAGISTRATE’S COURT. Wanganui, January 22. Regina'hy Willhuir Gollopy and Wm. Kells n. Patrick Cruise, for horsestealing on the Bth inst. Win. ( ollopv being sworn, states, —I am security jointly .with- W ra.:Kells to Charles Nieol for the payment of two bills of exchange amounting to sixty pounds and interest thereon. I required some security from prisoner to indemnify myself and Mr. Kells for the payment of said bills, which prisoner agreed to give me. i he document now produced, marked PI, was executed by the prisoner as such security ; this was an assignment of certain cattle and horses of prisoner to W. Collopy and W. Kells by way of security, to be sold arid disposed of bv them in case prisoner failed to 'pay the amount of the bills for ABO when due by prisoner to Charles Nicol, and for the payment of which they had rendered themselves liable. Said document was first read over to hint and he fully understood the nature of it; in consequence of its being so executed, prisoner was allowed the possession of the horses mentioned in the assignment ; the mare now produced, is one of the animals mentioned in the assignment now produced and marked A. Thomas Gleeson, on his oath,'said —1 am a licensed victualler ; reside at 1 urakina. I. know prisoner at the bar ; he came to mv house at Turakina on the Bth January inst., I asked him the price of a bay mare he had previously left in my paddock ; he said lie did not want to sell her. I then told him I must have i the amount of his promissory note for 20/paid me ; he said he’d pay it on bis return from Wanganui. I said I would hot wait ; I then first offered him 3(51 for j the mare, and afterward'- 10/, which he

agreed to take. 201 of said amount, was to go to pav prisoner’s bill for 20/, 4/ in payment of n current account, and I advanced him 1/ cash, and was to pay him the balance on his return when he produced the' necessary documents. Prisoner then signed the paper writing now produced marked B. (This was an acknowledgment of having sold the inare, the subject of investigation, for''4-o.'). '■ I asked prisoner more than once if any other person had a claim on.the mare, and lie said, No one had any claim on the mare.” Reuben Bason witnessed the bill of sale ; prisoner was perfectly sober at the time ; the mare -now produced is the one prisoner sold to me.

William Kells confirmed the statement made by Collopy as to the assignment of the mare in question Corporal Atkinson said he was aware of the assignment being about to be made from what prisoner had stated to him, and that the mare, the subject of this investigation, was taken out of liis custody by prisoner by force. Prisoner, after being, duly cautioned, stated that he was innocent of the charge, and he wished it to be proved to the satisfaction of the public at large, and that this was the third time of his being charged with robbery.' . Prisoner was committed for trial. ' , January 23th. Constable. Timothy Coakley v. John Baton Watt. Defendant was-charged by tlie said constable with having assaulted him on the 19th instant., whilst engaged in the execution of bis duty as constable, by striking him with a stockwhip. The blow did not hurt plaintiff much. 'I he defendant having admitted the assault and expressed, regret -for his conduct was convicted in the mitigated penalty of Tl and costs 9s.

, Fatal Accident. —-On Saturday afternoon about three o’clock a private of the 57th Regiment named Keefe was drowned at the Heads. Sergeant Menzies and six soldiers of whom the deceased was one, had been down at the Heads in a canoe fishing, and when on there way back when the unfortunate accident occurred. The sail was large and the canoe lying over on her beam ends was filling with water, when the deceased, afraid of her capsizing jumped overboard, trusting to his swimming powers for safety. The jerk he gave the caiioe when he sprang into the water effected what he had feared. -The canoe turned over, and with great difficulty the six men kept themselves above water by getting hold of the canoe and clinging to it with the desperate energy which the situation demanded. The boat drifted rapidly down the current and would have been carried out to sea with the six men, had not the crew of the Zephyr , which was lying at the Heads loading cattle, fortunately perceived their critical position, and souther boat with-four men to rescue them, which they succeeded .in doing just in the nick of time. Meanwhile poor Keefe had made lor the shore, but supposing himself unable to reach it, turned back after swimming about two yards, with the view of getting to the canoe. This he failed to do and was carrited down the stream. Another canoe in which Ensign Cummins had been fishing, was coining up the river and the poor man was nearly caught hold of by one of its crew; but though they did all that was possible, their efforts were unsuccessful. Fie then sank and was seen to rise twice to the surface, after which he disappeared. On S nil day a party went out to search for the body. They went along the beach to the Wangaeliu, and found the paddles of the canoe lying on the beach, and the canoe itself at the mouth of the Wangaehii ; but did not come on the body. Deceased was a well behaved young -man of about 26, and is much regretted by' all who knew him.

The Hew Wharf.— His Honor the Superintendent when here last week gave the’ Bridge Committee power to make this W'harf. We understand" that the' Provincial' - Engineer has drawn a plan which"would involve an outlay of A3.00R . The reason of tin's we are at a loss to conjecture. But the intention of the Committee is to set aside this plan and have one made more. consonant- with the modest sum which'has been given by the Government for the construe!ion of the Wharf. The A 1,000 thus granted is supplemented by whatever timber from the abortive Wanganui bridge they can use in making the wharf; so that the Committee will be able to attain their object without exceeding the sum at their command. As the ‘ Wanganui” will' soon be here and as such a wharf is pressingly wanted besides for the general trade of the place we hope that the Committee will lose no time in setting about the work.

Wanganui Common School.— The appointment of a teacher has been .conferred,’ we understand, on Mr. T. H. Davis. We hope that there will be no need of further alteration for some time, as nothing can be more detrimental to a school than a frequent change of teachers. In the circumstances which led to Air. MeMinn’s resignation the Committee could riot, probably, have acted otherwise than they did, as the same conditions were insisted 'upon with his predecessor; nevertheless, it is a pity the possibility of such a difficulty was not foreseen and provided against when he took charge of' the school. Supreme Court Sittings.— At length a movement has taken place on this subject. A memorial numerously signed-by ■Magistrates and others, is to. be sent off to da} 7 to his Honor tig? Superintendent, to he transmitted by him to Auckland, praying that Sittings of the' Supreme Court' may be held here. We cannot see any reason for the request not being complied with. It- is true that the gaol accommodation —the objection hitherto ---

is not'all that could be wished but still it is better ebnsidei’ably than it was. The Court-house is rather small ■ but if the judge is dissatisfied with it, we have no doubt that the Assembly ■ Rooms might be placed at his disposal, ami the large Hall would give ample room for the officers and public, as well as for fresh air. Indeed, we question if the Hall off Justice in Wellington would give better accomodation for all parties. .

Presbyterian Church Baza.vr. —We noticed last week the opening ol ; this’ fancy fair, which has succeeded as well As its warmest supporters could have wished. Judging bv the time during which the articles for it have been in preparation, it was to have been expected that they would be perfect in their kind ; and certainly, whether it were owing to the ; slowness off their growth, or to the dexterity of the fair fingers by which they were produced, they appeared, to an uneducated eye like ours, as nearly without fault or flaw as any mundane article can well be. Just before the opening oil W ednesday we had the pleasure of seeing the bazaar room (Messrs. Taylor and. Watt’s large Sale-room) in its primal beauty ; and it ; was a. very pretty sight indeed. Four -tables stretched along the length of the room covered with a profuse variety of articles of ordinary use and luxury. - Many of these had been bought in London and Sydney for the occasion : others'had been sent by-friends in Great Britain ; still lgore had beon contributed by : well'-wishers' in our own colony. W ellington furnished its quota through the kindness of Mrs. Martin and friends, Ma s. Craighead, the Miss Smiths, and Mr. P. Laiiig ; Turakina showed her' goodwill through Mrs. Bruce and Mrs. Allsworth ; Mrs. Lowrie of Napier had not forgotten her old neighbours ; and some tasteful articles came from Auck-,-land. Among the articles proper to. the district we particularly admired some wreaths of sea weed and shells, the liand'itvoik we believe of Miss Campbell,, andthere were some,very'gorgeous specimens of crochet and worsted work (particularly tliose presented by Mrs Armstrong and Mrs B.dlantyne) which showed that Wanganui ladies, however necessarily much occupied'with donusiie affairs, have not lost a taste for the elegant and beautiful. The appearance of the bazaar as a whole was gay and brilliant. The .large opening in "'tlie "upper floor of the store, which is a kind of circular gallery, had been tastefully-decorated by Mr. Davis with flowers, toe toe, and flax ; n*om the roof hung elegant articles of needle and bead work ; and at the further end of the room was a gorgeous bower of greenery, from which Mrs. Burnett dispensed large stores of refreshments. The other stalls were attended to by Mrs. Armstrong, Mrs. P. Bell, Miss Campbell, Misses Handley, Miss Higgie, Mrs. Plogg,' Mi*. W. Kells, Mrs. T. B. Taylor, ami M iss Watt ; and these ladies bore the fatigue of the two days’ sale with the patience of martyrs, preserving from beginning to end that liveliness and

piquancy of style in the recommendation, of their wares to which the success of a bazaar is-chiefly owing. The band "of H.M. 57th regt. added to the attractions during part of both days, very kindly giving their- services gratuitously ; and on the evening of Thursday Mr; Watt disposed of the remaining article; by auction in a style... which brought three times the bazaar prices for some of the previously unsaleable goods. : At the close it was found that the nett proceeds amounted to- the considerable sum of £228, and after the various expenses were paid there, was found to be realised Al 9g. 'Judging from the money received for tickets, there must have been about 350 visitors at the bazaar, who on au average ex pended 13s each.

The .' Waitotaiia.— His Honor the Superintendent, when out at the Waitofcara last week, .visited all the pahs, in the block, and gave . the inhabitants to understand in what light rebel and other natives were regarded by the Government, as expressed 'in; the circular the substance of which we published last week. He further informed the natives that he intended shortly to make a road through the block. At one pah he was told that he hini.elf Mould not be interfered with ' on that occasion, but that if any other white men showed themselves"there they would not he allowed to return. To winch his Honorreplied, that if they.'dared to interfere with any white mail passing through he would have them 'immediately arrested. Two rebel natives were introduced to him as desirous of coming to terms with the Government, and his Honor informed them that in that case they must deliver up their arms, which one of them immediately did, and the other said lie was willing to do. His Honor was aceomeompanied by Air Cbas Broughton, who with his usual ability acted as interpreter.

Western Bangiti kei —We are glad to learn that the settlers in this part of the itangir.ikei district have commenced in good earnest in the. matter of education . Extensive school buildings are now being erected at a cost of over A2OO, on laud given for the purpose by Air. A. Alilne. An advertisement appears in this day’s issue inviting applications for the appointment of Schoolmaster, and 'we feel sure that the salary and' advantages offered will secure the services of an efficient teacher for the children residing in this important and rapidly improving locality.

At the Town Board meeting on Tuesday evening, the l'Jtli inst., three persons only attended to object to; the assessment, for the general rate, Tom; others prefem-d objections through the chairman or clerk, to whom they had furnished'the he.coi-sarv particulars. In one ease the objections ' referred to some sections knocked down at tiie receiit land sale to a. part.}' who

subsequently .declined to complete the purchase.on learning' that a) Company’s land order would not be taken in payment.: In all the others,: the objection arose out of' recent transfer or change of occupancy, the tellers, or ex-tenants, in some cases claiming to be removed from the list, while in others the purchasers, or incomers, wished the rate charged to the party who had been in possession when the rate was made. This led to, a discussion as to the meaning of the tei’m tc occupier,” as used iu the act, and after careful - consideration of the various clauses relating to. rates, and particularly of that which makes the rate upon an unoccupied property payable by the landlord or by any subsequent occupier, the Board arrived at the conclusion that the rate was on the land rather than an the person, and that the fairest rendering of the term would be, “ occupier at the time of'the rate becoming leviable,” and determined the objections in accordance with such a rendering. The River Guard. — The, improvement mad.e at Nixon’s creek by the erection of a grojn, and other alterations an the bank, are now markedly manifest. Not only has the river .ceased its encroachments, but ground has been actually gained from it ; and we are curious to learn why the Committee is no.t carrying out its project by constructing one or two additional breakwaters higher up the riyer. The.sheep, sheaving in this neighbour hqpd has _ been, later this season than U'Ual and is but just finished. We believe the fleeces are much heavier this year than almost any previous shearing ; and as the prices are good, the flockmasters will do well this season. RESIDENT MAGISTRATE’S COURT. Rangitijcei, Jan. 6,7, and 8. Before Walter Buller, Esq. R.M.. Captain Danicll. J.P., and A. F. Holcombe,’Esq., J. P. .Id jell ael Campbell was brought up by Constable Freetli on a charge of drunkenness. Fined 20s Hunia v. Pukapuka ; damages 6:/, claim for value of a canoe. Judgment for defendant with costs. Alexander McDonald v. Alfred and George Hugh Ross ; claim 40/, value of certain sheep in dispute. (Mr. Ross, solicitor,, defended the action.) Defendants ordered to deliver up sheep, claimed. Plaintiff to pay costs, the action having been premature. Hakeke v. Reweti; - damages 15/, alleged value of a field of potatoes destroyed by defendant’s pigs. Trespass admitted. Judgment for £5 and costs. Hipango v. Pukapuka ; claim 40/, for sawn timber, alleged to belong to Wanganui natives and claimed by defendant. The hearing of tips case occupied two days, and considerable interest was manifested in the proceedings, there being about a huudred natives present. Judgment for defendant with costs.

Manav.'atlt, January 12th. Befoie Walter Buffer, Esq., E.M., and F. Kohinsoi), Esq., J.P. - Richard Jolm Deighton. of Rangitikei, appeared to a charge by Thomas Lovel ?.i offett, of Manawatu, chief mounted constable, of having made an unprovoked assault upon him. Fined 21 and costs 31s (including mileage). January 13th. Before Walter Buller, Esq., 11. M. John Blygh v. Waretini ; assault. Dismissed with costs., Michael Fitzgerald v. Waretini ; assault. Dismissed with costs. John- Haslam, of the Hutt, settler, appeared charged with a breach of the Native Land Purchase Ordinance. Charge admitted. The Resident Magistrate delivered the following order : “ John Haslam, you have been prosecuted by a person duly authorized by his Excellency the Governor in that behalf, for a breach of the,Native Land Purchase Ordinance, by which you have rendered yourself liable to a penalty of 100/. While- admitting the charge, you plead ignorance of certain provisions in the statute, and you refer to the fact of other Europeans in this district being now illegally in occupation of native land. It is hardly uecessary for me to toll you that the plea of ignoi'ance can avail you nothing. ■ It is your duty to make your self acquainted with the laws, and you are supposed to know them whether you tin or not. That there are other offenders against the ordinance is no justification for yon. I can deal only with such eases as are brought before me, and these I must decide solely on their own merits. But I may point out that your case is a peculiar one in. this respect, that your lease and purchase of native bush was seriously calculated to retard or altogether obstruct the sale of a large block of land now under offer to the Government, and for which' a Commissioner of the Crown has been for years in treaty ; while your agreement to cut and remove on your own account upwards of two thousand acres of the best forest, was a matter seriously affecting the prospective value'of the block as afield for European settlement. At the same time it does not appear, to me that you have acted in this matter with auy wilful intention to frustrate* the action of Government, or to oppose the sale of the land ; and, considering that you have not attempted to evade the charge —that you have surrendered your agreement and forfeited your deposit to the natives —and that you have already suffered in other ways from your illegal tenure—it appears to me that you will be sufficiently punished, aDd the object of this prosecution attained, by my inflicting upon you the lowest fine allowed by tlie Ordinance. I accordingly order you to pay a. fine of 51, and a .further sum of 67 6s 4d, the costs of this prcsecti tion (m cl udi n g mileage). ’ ’

LETTER TO THE EDITOR. - January 23, 1864. Sir, —The very able and lucid leader, in your la-ib issue, reviewing .the road .case, leaves very little to be said in addition ; yet the decision is a somewhat novel one. But it need not surprise anybody, as the only legal adviser they have got. is & peevish, officious little pundit, whose whole legal lore was made sufficiently conspicuous in a late Executor case, when this little luminary pompously gave that official the hangman’s pronunciation. . Such an adviser is, properly speaking, no adviser at all. This leads one magistrate to. stumble upon Blackstone and break his great toe; another runs his head right against Coke upon Lyttelton and bleecl3 his nose; the third puts to paper a heterogeneous conglomeration of words, so as to defy any one from understanding it; and they can only pray that their decision as it is will spare the case from being presented to such a personage a 3 Judge Johnston. But, laying aside banter, it is certainly high time that the Highways act should be repealed, when it gives power to a Board of Wardens to continue the confiscation of a farm of any size for the space of the fifth part of a century, thereby enabling bushrangers to annihilate farming in the district, and now sheep ai’e threatened also.

The very first essay that our board made in the way of making a bit of road was about six months ago, when they constructed a frightful goat-path, instead of a bridle one, for the use of Charles Smith, Esq.—a work alike disgraceful to the Board and to the contractor ; and when the chairman closes his annual career, he will be able to exclaim to. the ratepayers, that he has engulphed a whole rate in a side-cutting, and that he has amerced ope of their number in £5 expenses ; and as he was simple enough to assist in making two miles of their road, and gave twenty poupds worth of timber to construct one of their bridges, that he has served him right for doing so. He can say all this, and with truth a great deal more—that private property in Wanganui has no rights ; and although the writer’s eyes have been open to this for the past ten years, perhaps the public will now- be made aware of it, and lend their aid to sweep away the Highway and Trespass acts, and compel every man who owns cattle and horses to keep, them upon his own land ; for hitherto the farmers have notjonly been obliged to feed them,; but to take cave of them also, for you dare not drive them away without being fined, and to take twenty to thirty horses to the pound one. would require a squadron of cavalry, for if ope gets hurt in doing so you must make the loss good. Can such infamous laws remain in force for an hom-longer ? Yes, sir, they will remain as long a.s our legislators are selected from the cattle owning class ; but the traders and mechanics in the towns will be the first to feel the snuffing out of the farmer ; for it requires an expenditure of 150/ to put fifty acres in crop and reap and thrash it, whilst there are farms of a thousand acres and upwards, with many thousand sheeji, with only two shepherds. Your obdt. servant, Mai.achi Mallagrowtuer.