WEST COAST TIMES, THURSDAY, NOVEMBER 9,18G5.

West Coast Times, Issue 68, 9 November 1865, Page 2

WEST COAST TIMES, THURSDAY, NOVEMBER 9, 18G5.

The election of two West Coast moinbors to sit in tho Provincial Council, will come off on Saturday. Matters look a little clearer now than thoy did a few days back.' Tho electors comprise all holders of minors' rights, or of business licenses, who havo hold thorn for six months consecutively — that is sinco the 1 lth day of May last. There aro six candidatos in tho field, every ono of whom has been legally proposed, and may bo lawfully voted for. And tho electors may bo satisfied that whatever two gentlemen thoy return, will tako their seats unchallenged so far as tho action of tho Council itself is concerned.

There has been a sad amount of confusion prevailing on this subject generally. We have already pointed out tho inconvenience that resulted from Mr. Sale's original blunder in thinking that he had anything to do with tho question of legal qualification. He had no right to constitute himself a judge on that point ; and had ho persisted in assuming the right to do so, he might havo rendered himself liable to heavy damages, recoverable in tho Supreme Court of tho colony. Whilst submitting himself to correction, however, on this point, tho Returning Officer committed another error, in which of course tho general opinion has followed him, when he slated that tho question of qualification was one to bo determined by ncommittcc of the Provincial Council. The fnct is, the Provincial Council hns just as much to do with tho qualification as Mr. Sale himself has, and not a bit more. Tho Act of Assembly, Viet. 21-22., No. 59, intituled "An Act to amend the law relating to the Election of Superintendents of Provinces, and Members of Provineinl Councils," concontains tho following clause, (No. ix). " The right of any person claiming to hold the office of Superintendent, or to be a Member of a Provincial Council, shall bo determined on information in the nature of a Quo Warranto, nnd by no other mode, except m such cases as are provided for by the 11 th Section of tho Constitution Act."

The cases provided for by tho 1 lth section of tho Constitution Act, aro only those in which seats have become vacant through non-attendnnco, bankruptcy, trenson, or other default of members. The merits of " controverted elections" are, as wo havo scon, to bo determined by Quo Wnrrrnnto in tho Supreme Court, and in •' no other mode." It follows, therefore, that whatever gentlemen aro returned on Saturday, will bo entitled to tako their placos and to sit and vote in the Council, until tho interposition of the Supremo Court to try their qualification is invoked That recourse will bo had to such a measuro is very improbable. No pnblio man would voluntarily incur tho opprobrium of an act which could only bo interpreted as an endeavor to disfranchise a whole community. With tho exception of Mr FitzGerald and Mr "Ward, tho defeated candidates will bo in no position to challongo tho qualifications of the two who may bo successful. And it may bo safely assumed that neither Mr Ward nor Mr FitzGorald will care to appeal to the Supremo Court against tho choico of the West Coast electors. Out of a perfect chaos of jumbling and complication, it chances therefore that tho people havo the opportunity, so little hoped for during the past few days, of exercising a free and unfettered choice, and of sending to the Canterbury Council two bona fido representatives of their interests. Thoy havo a clear course before them. The two Christchurch editors nnd ox-Ministors who wero nominated as a pieeoof political strategy, will now of course not be thought of. Tho choico of tho electors lies between Messrs M'Glnshan ,Prosser, Ritchie, and Barff. They may proceed to the cxerciso of their electoral privilege, no longer ns the sorry farco they wero latoly invited to assist at, i but as a solemn and responsible act of public duty. Under •theso altered isircuinstances thcro should bo no holding back from the poll. Tho common anxiety should be not only to select tho two best men, but by tho number of votes polled to demonstrate the political vitality of tho community, and the readiness

of the people to exercise any public functions legitimately assigned to them. Tho issue now rests in tho hands of the Electors. Every misconception has been cleared away, nnd if the choice falls, ns it can Scarcely foil to do, upon two men thor&ughly nnd heartily identified with the West Const interests, tho district will no doubt derive a substantial advantage- from tho possession of representatives in %he Provincial Council.

We havo lato and important news from the North, of which the principal items arc the prorogation of Parliament, and the prosecution of tho War \m tho East Coast.

His Excellency prorogued Parliament on the 30th ult. Tho vico-rcgal speech was of a very common-place character. Sir Georgo Grey convplimontcd tho two houses upon the " sscal and diligence" they had displayed in the performance of their duties ; expressed approval of tho measures passed affecting tho natives ; boro testimony to tho energy and gallantry of " Her Majesty's Colonial and Native forces, so signally displayed in tho eminent success recently achieved by them on tho East Coast j" thanked the House- of Representatives for tho supplies voted, and for tho measures passed for improving the character of New Zealand securities ; and congratulated Parliament on the steady increase in the revenue, " which is likely (o bo still further augmented by the rapid development of tho goldfields on tho West Coast." His Excellency, said, that tho bill for increasing tho representation of tho people in Parliament would " ensure a fuller expression of public opinion in tho districts to which it relates." Ho added, that it was his intention to dissolvo tho present Parliament, and to call another " without unnecessary delay." Tho present session of tho General Assembly of Now Zealand is thereforo at an end, and tho Houso of Representatives has virtually ceased to exist. Prior to tho prorogation a resolution was agreed to as an amendment to ono brought forward by Mr. Stafford, declaring his Excellency to havo exercised a sound discretion " under tho circumstances stated in tho printed papers laid before the Houso," in protesting in tbo month of May last " against tho removal of a certain number of Imperial troops from the colony, as proposed by tho Gonoral."

On tho 27th ult., threo days beforo tho prorogation, the Premier expressed his opinion that tho now Parliament should assemble as soon as possible after tho elections, tho present financial position of tho colony requiring that tho Government should be aided by the advice and sanction of tho Legislature. Mr. Stafford trusted that in future tho Government in office would summon the house beforo tho appropriations had run out — a course followed in evory country — in order that there might be no moro unauthorised expenditure. The Legislative Council had adopted and directed tho Speaker to present to His Excellency aiv address on " the prcmaturo dissolution" of Parliament, and tho rumor of an alleged understanding between the Governor and his prosent advisers to the effect that Parliament should bo dissolved, if demanded, beforo supplies had been voted. The Wellington "Evoning Post" mentions a report that Mr Crosbio Ward had refused to join tho Stafford Ministry, and that tho departments of tho Native and Defence Ministers woro to bo removed to Auckland. Tho samo journal, however, of a later date, contradicts the lattor rumor on tho authority of tho Hon. Mr Stafford.

Of still more importance than tho political intelligence, is tho news from the Eust Const of tho progress of tho war. Tho " Hawkes' Bay Ilcrnld," of the 24th ult., reports tho destruction of two pahs nnd tho capture- of over 500 prisoners. H.M.S. Brisk arrived off Wniapu on Sunday, the Ist October, and Captain Wcstrupp, Lieut. Ross, and 45 men of tho Forest Rangers, woro landed tho next morning, On tho morning of tho 3rd a force consisting of 45 Forest Rnngcrs, 25 Hawkes' Bay Volunteers, and 40 Military Settlers under command of Major Frnsor, togothor with a largo party of natives, started for tho sccno of operations. Tho first' attempt to capture tho pah was unsuccessful, and resulted in the death from a bullet wound of a military sottler named Grooves, and tho severe wounding of Sorgcant Ilodgos. Tho attacking party was small, and was weakened by the loss, of tho eight men required to carry away the two disabled soldiers. After maintaining a gallant firo^ tho party retired, their ammunition having failed them, and the men being soaked by incessant rain. Three daya' continuous rain succeeded their return to tho camp, during which tho renewal of tho attack was impracticable. On tho night of Sunday, tho Bth ult., another expedition was sent against tho pah, which was found to bo dosorted, and was sot fire to. Next morning, a large body of Military Settlers, Forest Rangers, and natives sot forth in pursuit of the rctroating party to Hungahungatoroa pah, a strong position on tho top of a hill, of which two sides aro precipitous. By a very plucky, and indeed gallant exploit, ono of these sides was scaled, and tho enemy takon by surprise by a feat which thoy had deemed impracticable Aftor a briof and destructive firo had been poured in> overtures of peaco woro made, and about two hundred men and threo hundred women and children surrendered. In tho two affairs BOino thirty natives aro estimated to have been killed, and several wounded. In addition to tho casualitica wo havo mentioned to the Queen's .troops, Lanco-Boy-

goant Dearlovo and private Ilazcll were wounded, not dangerously. Intelligence had been received in Wellington of another decisivo victory gained by tho Arn-wns over tho Ilnu Haus, taking upwards of 80 prisoners. To Ua, the prophet, and 28 of those implicated in tho murder of Mr. Fulloon, aro in chargo of tho Arawa police, the remainder Wing in custody of tho Avawa tribo.

The books belonging to tho Rev. Mr Volkner had been found in a pah at Opotiki. During a skirmish between tho militia and rebels, five of the former were killed and two wounded. Twentysix Ilnu Haus wore killed. One "Of the rebels shot wns recognised by the friendly natives ns one of tho principals concerned in tho murder of Mr Volkner. A man had been given up by the Arnwns ns one of tho murderers of Mr Fulloon, mid ho wns to bo hanged by martial lnw on tho day tho Jane, which brought tho news to Auckland, sailed. Both tho Auckland nnd Wellington papers are full of reports of engagements nnd skirmishes which indicate n very active state of desultory war'uVi'e. Wo have, however, culled tho most notablo items of news.

Tho " Otago Times," of tho Gth inst., ays :— " Tho extended jurisdiction of tho Resident Magistrate's Court to LIOO camo into forco yesterday ; nnd, curious enough, tho first summons which wns issued, was ngninst a member of the Polico Foroo for damages for falso imprisonment."

Tho launching of tho schooner Maid of Erin, that has just accomplished tho overland journey, took plnco ycs'crdny morning. No demonstration was mado on the occasion, very few being assembled to witness tho launch, which occurred without nny mishap, tho vessel gliding slowly nnd gracefully into tho water, where wo wero sincorcly pleased to sco her onco more floating. Professor Stevens' troupe, nightly performing nt tho now room at tho Slmkcspenro Hotel are unquestionably very talented. Tho acrobatic feats of tho cldor of tho young brothers especially exhibit ft remarkablo skill, dexterity and daring in ft child. Mr Stovcns' own performances on tho slack rope aro of an almost mnrvollous clmi-actor. A clever.dog is ono of tho " dramatis persona)," nnd he well deserved tho loud plaudits he received. Siine nigger snngi nnd jokes greatly amused tho audience. The entertainment commenced at n vory lato hour, nnd wo hnd only tho opportunity of witnessing the first portion of it. There wns nvory capital attondanco.

The hull of tho unfortunate Crnigiovnr was sold yesterday for tho sum of £7#, every thing inoveabic having previously been romoved from it, and tho work of breaking it up is being rapidly proceeded with. The ropoit of Captains Robertson and Loys, who held a survey upon the brig, was so unfavorable (sho being badly bilged nnd so much shakon that hor deck had givon way"), that tho idea of over removing her into the river was at onco abandoned, and sho wns thereforo sold for tho sake of her material. Her owners, who havo only mado ono voyngo with her, nfter incurring ft great oxponso in rendering hor seaworthy, must have lost heavily, and no vessel that has ever come to giief on our shores is moro deserving the namo of unfortunate than sho who was onco deservedly cr.llcd tho fino brig Craigiovar.

As good and enjoyable nn entertainment na could reasonably bo expected in Hokitika, is given nightly nt tho Corinthian Hall. Tho Christy Minstrols sing many of tho nigger melodies in the best stylo, nnd in tho comic portions of thp entertainment they display an infinite fund of humor. Last night tho Hall was crowded, and tho expressions of satisfaction on the part of tho audience most unmistakable Tho performances deserve a more lengthened notico than wo nro nblo to givo iv our present issue

The polling for the election of two representatives of tho West Coast in tho Provincial Council of Canterbury is nppointod to tako place on Saturday noxt. Tho following aro tho polling places : — Tho Wardon's Office, Ilokitika ; the Folico Station, Groymouth ; tho Polico Office, Kanieri ; tho Wardon's Office, Waimoa j nnd the Polico Ofiico, Ross. All holders of miners' rights or of business liconces— being of thp full ngo of 21 years — who shnll have hold such rights or licences for a oonseeutivo period of six months immediately preceding tho day of election, aro entitled to vote. Wo presume that tho six months' tenuro will be dated back from Saturday noxt, " Uio day of election" meaning tho day on which tho poll is takon. Mr Frossor has been holding meetings each o'vening during tho week, explaining his political sentiments to the electors. On Tuesday night ho was at Totarn ; last night he met tho electors of tho Kaniori ; to-night bo will visit tho Waimoo- ; and tomorrow ho will attend n meeting nt tho Groy Rivor, Mr Edward M'Glashnn'fl committee meet overy ovoning nt the Criterion ITotol. On Tuesday afternoon, ft meeting of Mr Barfif's supportors wns held at tho Union Hotel, when the candidato mado an exposition of his principles ; and tho customary vote of confidenco in him wns passed . Messrs. Sonlh nnd Eioke, ns a deputation from Mr. M'Glnshnn's committee, will nddress tho electors of Knniori to-morrow evening ; and tho commit too announce that a deputation will also meet tho eleocors to-morrow at tho Groy nnd tho Wnimen.

By tho Alhambra wo havo Dunedin pnpors to tho 4th inst. It was intended to givo a publio dinnor to Mr. W. 11. Reynolds as ft recognition of tho services rondercd by him to Otngo ns a member of the Qonoral Assembly. Tho Provincial Council of Otago is summoned to meet for despatch of business on tho 16th inst. Mr. Mncandrow had been invited, and had consented, to address his constituents at Port Chalmers on tho proceedings of tho session. Mr. John Dunn had ft vory crowded benefit at tho Princess's Theatro on tho 2nd November. The Otago Lands Bill had been thrown out by the General Assembly. Tho Act to confer cortnin powors nnd authorities on tho corporation of the City of Dunedin had been passed. Messrs. Paterson, Burns, Mncandrow, and Vogol, had returned toDunedin from Wellington. Mr. Vincent Pyko's report on his tliscovory of a routo from Lake Wnnnka to tho West Const had been published in tho " Daily Times" in instalments oxtomling ovov several days. Tho papers contain no further intelligonco of any importance or interest. The fortnightly escort from tho Otngo goldfiolds, brought down to Dunedin on tho 3rd instant, 8,330 ozs. 10 dwt.

Amongst tho Aots passed during tho last few days ot tho cxistciioo of tho Gonoral Assembly wero an Act to cnlargo and amond tho representation of tho pcoplo, nnd tho Southland Provincial Debt Act, undor which tho Colonial Government undertakes to pay the whole of the dobts of that province- within tho next two yonrs, in the meantime impounding tho wholo of tho land rovenuo.

To-day being tho annivorsary of tho birth of his Royal Highness tho Trinco of Wales, will no doubt bo moro or less obsorved as a publio holiday. Amongst other ainußomotits, ft grand picnic in aid of tho funds of tho Provincial Brass Band is announcod ■to ooino off on tho cast sido of tho Ilokitika Rivov. Tho pvogmmino comprises dancing, foot races, nnd othor sports, nnd in tho evening a ball is to bo given in llnrding's Corinihiau Mall. Our boatmen havo ft wholes&mo (Iread of approaching too near the inaelstro'm of surf and fresh attho'entranco of tho rivor, nnd mako tho most dcupcrato exertions to escape, boing carried too oloso fo the end of tho noitb .syit. We

observed a boat with n raft of timber in tow, in difficulties yesterday morning ; our attention being direoted to her through tho crew calling loudly for ft rope,asthoy wero sweptby the current rapidly past tho Ruby, and although thoy woro rowing mostvigoronsly, they could make no headway, and it was ovident unless a ropo could bo sent thorn they would have to cut away their tow or go out to sen with it. An individual standing by the water's edge seeing the predicament they wero in, jumped inro a small boat, seizing a coil of ropo that was lying on tho deck of one of the vessels moored there, pulled off to their assistance. Unfortunately, howerer it was not long enough to reaoh from them to tho shore, nnd nfter a hard struggle to save tho raft they had to cut it away, but not beforo they had carried closo to tho end oi tho spit. Tho raft rapidly disnppearCd round the corner, and in all probability is now either floating about in tho roadstead or lying in detached fragments along the beach. The Northern papers repeat tiro rumor, in various forms, that His Excellency Sir Georgo Groy has been " invited" to fotii'e from tho vice-royalty of New Zealand under the provisions of the Governors' Retiring Pension Bill,

Three dead bodies have been pioked npon the benoh during tho past week, two of which wero found near tho Termankatt) nnd one near the Saltwater Creek. In all probability ono of them is the body of tho unfortunate ownor of the Roso of Sandridgo, and perhaps the poor fellow who was lost in tho Sarah the other day may bo one of tho remaining two They will, however, most likely bo identified at the inquest. Ilokitika gives overy promise of soon possessing a very powerful "Bar"— tising th 6 term in a forensic sense. In addition to the practitioneis already located amongst us, Mr Maogregor of tho firm of Macgregor and Harvoy of Dnnedin, has within tho last few days put in nn nppearanco in our local courts, and amongst tho arrivals by tho Albion on Monday, was Mr. C. S. Button, lately of InvercargiU.

We regret to learn that a fatal accident happened on Saturday last at tho Waiinea. It appears that a miner, by name William Andrews, was engaged in felling a tree by means of grub, bing it from tho roots instead of cutting it with an axe. Having left his work for a few minutes to quench his thirst, the deceased was about returning, when suddenly tho • tree fell and brought down with it another in close proximity . Tho deceased, seeing tho impending danger, jumped into a tail-race, but was too late to escape the crash. Tho body of the deceased, whon recovered, presented a doplorablo condition, the head being almost severed from tho trunk.

At the Resident Magistrate^ Court on Saturday last, Captain Beddons, of tho p.s Ballarat, one of our harbor boats, wus charged by the customs authorities with carrying passongcrs in excess of tho number specified on his license. Tho chargo wns fully proved, but as this was tho first offonce ef the kind ever brought before the court, and as tho ohargo was not sovcrely pressed, a mitigated penalty of only twenty pouud3 was inflicted.

Very naturally, a largo amount of interest has been excited by tho trial and conviction of tho murderer Jarvoy, in whoso case tho punishment of death was for the first time inflicted in the southern division of tho Middle Island, A variety of circumstances conspired to attach interest to the case The social position of the accused man ;■ the special nature of bis calling, which hud brought him on board his ship into frequent contact with so many colonists journeying to and fro ; the extraordinary circumstances under which tho suspicion of foul play first arose ; the fact that his accuser in tho first instance was his own daughter ; tho failure of tho prosecution in tho first trial ; tho subtlo nature of tho chemical anaylisis ; the death of Dr. Macadam whilst on his way to repeat his ovidonco j the marked discrepancy bo tweon tho chargo of the two judges by whom ho was in succession tried ; and the complicated and olaborato wob of circumstances which ultimately resulted in his conviction ; all contributed to givo this trial a prominent place amongst celebrated causes. Aftor Jarvoy's conviction tho public interest roso oven to a higher point than boforo. Tho terms in which Mr. Justice Richmond sentenced him loft no room to doubt that his report on the case would not bo such as to tend in any way to interfere with tho duo course of law. But tboro whs an unaccountablo delay in tho receipt of instructions to carry out the sentence, and it was known that the condemned man was buoying himself np with tho hopes of reprieve Gradually tho facts leaked out that orders had been received to prepare the instrument of oxcoution, and that the work was being proceeded with within tho Exhibition building at Dunedin — to bo removed to tho gaol when perfected, in ordor to prevent the sound of clanking hammorst &c, reaching the condemned cell. It was reported that Jarvey nervously waited every knock at tho gaol door, expecting it to signal somo mcssn|,o of respite. As tho timo woro on tho question was continually being asked — " Has lie confessed ?Is he likely to confess ? " Wo boliove during all this period the convict maintained great self possession, and sullen losevvc. In answor (o one appeal made to him, ho declared his sentence to be unjust. But as a rulo he declined to enter on tho subject, and evaded the question of innocence or guilt, whenever it was pressed on him. As it has been publicly stated, that Jarvoy confessed, or admitted indirectly that bis wife died from poison, wo may say that nothing of the kind occurred. Asked on one occasion very earnestly, what he had done with the strychnine he was proved to have purchased, he said, that lie was tipsy at tho timo of his gotting home that night, and that ho supposed ho had emptied Ma pockets of nil their contonts as ho was in the habit of doing when in that state, On another occasion, whon pressed, ho exclaimed, V what would be tho use of a confession now ; it would only implicate othors." Nothing nearer to any acknowledgment than this was ever elicited from the unhappy man, up to the very latest moment of his life. Beforo the arrival of his death warrant, in Dunedin, the English mail brought news of b. case in which a woman convicted of murder, and sentenced to bo hanged, had been respited until an important question of the law couid bo argued before tke.judges. This woman, Winsor, had been tried for mnrderhig a ohild, tho mothor of tho ohild hoiog included in tho indictment as an accomplice. Tho jury being unablo to agrco to a yerdiot were disohaged. On the second trial of Winsor, tho mother was placed in tho witness box as Queen's evidence, and the additional proofs thus afforded seourcd the conviotiou of tho wretched murderess. Her counsel, however, raised tho point that tho i'udgo on the first trial had acted illegally in discharging the jury without a vordic't, and that consequontly tho second trial, and the conviction in which it resulted, wero invalid, in accordanco with the old maxim that no one can bo put twice in poril of life for the same offonco. The point was not to bo argued until Novembor. It appeared, however, as stated, to be marked by features so parallol to thoso of Jarvoy's case, that a vory.gonoral impression prevailed that tho Government would defer tho exeoution of tho latter criminal until tho dcoision of the English judges bocamo known, It was subsequently ascertained in Dunedin that nt tho time the death warrant was signed, the English mail containing the ropbrt of the Windsor Caso, had not readied WolUngton. The execution of Jarvey was fixed for eight o'olook on Tuosday morning tho 2'lth ult. ; but at a lato hour on tho night previous tho shoriu" dotormincd to postpouo tho event till eleven o'clock, in owlet to afford nn opportunity for a tolegram to be received from Ohriutchurch in case of the arrival thefo of a steamer convoy iug fresh instructions. No such message howovor *aino, and At a fow minutes aftor olevcu o'clock tho last sontonco of tho law was carried into oll'cfi't. As the caso has excited a groat doal of public attention, and as nmuy erroneous statements have been afloat,' ' theso notes of tho first death by judicial process in tho Soutbom provinces may not bo without iutore.it.