WEST COAST TIMES, TUESDAY, NOVEMBER 28, 1865.

West Coast Times, Issue 76, 28 November 1865, Page 2

WEST COAST TIMES, TUESDAY, NOVEMBER 28, 1865.

The administration of justice in localities remote from tho centres of Government, where tho sense of responsibility on the part of officials is weakened by tho absence of a superior anthority, is in tho nature of things liable to many abuses, and needs tho constant supervision of a local public opinion. When tho principal of a great business establishment is away, thero is the perpetual danger of its machinery suffering in its regularity and efficiency of action, and of its affairs consequently falling into disorder. Tho same law applies with greatly increased force to the establishments of Government. Each department is under an immediate head, who is a kind of independent potentnto within tho sphere of his own empire. Ho has no absoluto superior on tho spot. There is no authorised public tribunal to bring him to account. He is in a position to hold at defiance for an indefinite period allexpressionsofpopularopinion.Criticisms upon his conduct, and complaints against his official acts, must bo addressed to distant head-quarters ; and when thoy are received, they aro in duo course of time acknowledged, and tho intimation convoyed that they will bo " referred" to bo reported upon. Referred, to whom P To tho Government officersthemselves against whom tho accusation has been brought, who have thus the opportunity of malting their own slate* mont, and putting whatover color upon tho affair may best suit their purpose of self- vindication. Under such a regime M'hat enormous odds Ho against the public complainant and in favor of tho official employee ! No instance moro impressively illustrative of this defect in tho political system could be cited thnnWeslland itsolf affords. At the best the oxchango of post occupies a fortnight ; and as ofllcinl correspondence is invariably conducted upon tho slowest possiblo principles, and an almost interminable series of delays and formalities aro interposed bofore it is brought to anything like a termination, satisfactory or otherwise ; many gross anomalies in .local administration, and many acts of petty injustice and oppression, are borno with from a mere sense of tho uttor hopelessness of obtaining any prompt or effectual redress. This fiircumstanco suggests ono of tlio most povrorful practical arguments in favor of separation. Admitting all tho evils incident to petty provincial governments, there is still ovor uprising to tho surface tho question — would not many things bo bettor done than they aro dono now, aud many bad things that aro now dono bo loft undone, if there wero a local legislature, and a locally exocutivo govorninont in Westland — somo suporior on tho spot, ever activo and over vigilant, to which all officialdom was immediately and directly responsible P Undov such a bettor state of things we doubt not thoro wouldbo far fewer angels' tears shed over tho fantastic tricks of men dressed in tho garb of a little brief authority. Can it bo imagined, for instanco, that a continuance of the prosont disgraceful goal arrangements would havo been toloratod for a day, if thero had been a place in which an honorablo member could riso and givo notice of question or trotion on the subject of this stupendous grievance P As it is, public opinion and tlio public sonso of wrong has no means of bringing its influonco to boar upon official action, oxcopt it. bo through the columns of tho press; and tho duty is thus thrown upou us of froqucritl}' Calling into question tho conduct of official men, and of doing so in terms of severe censuro.

Of all tho departments of Government, nono has beon r,o uniformly hold to bo tlio legitimate subject of pubtic criticism as tlio administration of justico — tho equitable adjustment of rights betweon man and man/ tho punishment of tho guilty, and tho deliverance of tho innocent. In

justice, thero is no policy of parly to bo considered, no object of expediency to bo attained, no tortuous political dovico to be adopted. Tho simple duty of tho judges is to rigidly scrutinise facts, and to apply to thorn the exact onactmonts of tho law. Tho higher courts of judicature havo maintained an unimpoachablo reputation — ono of tho surest bulwarks of which has beon tho unrestrained action upon them of popular opinion. As wo descend in tho scale of judicial administration wo find a progressive tendency to a doparturo from the lofty standard of tho suporior courts. Thisis partly, no doubt, a consoquenco of tho inferior capacity and attainments of the men who preside in them ; but it is still more duo to the extent to which their action is withdrawn from tho public gnzo. Amongst the minor courts Known to tho [English system is that of tho Coroner. It is tho ono least subject to scrutin)'. Yet it is hard to say way it should bo. No investigations aro moro important than those over which tho Coroner presides. They aro directed to ascertain tho 'causo of death in suspicious cases j 'Or in other words whether murder; has been done or not— 2 or if not murdor, any ptli,er criminal act by which the natural thread of life has been severed by a guilty hand. No tribunal nidro requires, for the protection of life and tho satisfaction of justice, that publicity should be given to its proceedings. Ana no .practico oughttobemoroearnostlyprotestcdagninst than ono that appears to l)o growing into habit hero, of holding hurricd'and seinisocret coroners 1 investigations, without public notico or public record — not an iota of tho proceedings of which ever transpires oxcept by accident. A caso in point occurred on Saturday last, which lids beon brought undor our notico, simply through tho very great dissatisfaction felt by the jury at tho manner in which the enquiry vms conducted, and tho coercion that was exercised to wring from them a yordict which did not satisfy their consciences. Tho caso is certainly ono of tho most remarkable that has ever fallen within our knowlodgo, and affords a most striking proof of tho inexpediency of allowing a coroner to hold any investigation into causp of donth except after clue and sufficient public notico. In alluding to this caso wo shall for the present refrain from mentioning any names. Tho facts are these. On tho morning of Saturday a child was born, ana when found was dead. A jury was immediately called, not in open court from a punol publicly summoned, but by what might bo made in some cases a very convenient process of selection at will. Tho two witnesses brought forward by tho officor who conducted tho enso.woro the landlord in whoso servico tho mother had been for a poriod of a twelvemonth, and tho doctor — a resident in tho house — who was called up after delivery, and took tho child from tho mother's siclo. Tho former witness is understood to havo sworn that the girl slept alone in tho room in which tho occurrence took place, which was at so remote a part of tho houso that her cries for assistance coulfi. not havo been heard ; that ho visited her rdom in tlio morning long after her usual hour of rising, to ascortrin tho cause of delay, and wns then asked by her to bring a doctor. Tho doct6r found a fine full-formed child, which was then dead. Ho refused to oxpross to the jury a positive opinion as to whether it had boon born nlivo or dead. This closed tho caso, tho Coionor said. Tho jury wero dissatisfied with tho meagre nature of the evidence. They asked if thero wero none of tho female inmates of the house who know anything of the case — to^whieh questions according J to tho representation made to us, tho ofheor replied that ho had asked them all round, and they had assured him they had nothing to say. The jury persisting, somo female witnesses wero called iv, and they gavo vory unexpected evidonco. Wo will not enter into £this more minutely than to say, that they disproved tho allegation that the.unfortunate young woman was in tho habit of sleeping alone iv a roinote part of tho premises, or that she did so on the night in question. Her sister nnd somo children wore in the apartment, and tho former, at hor request, ordored her up a warm bath. All this evidence was given reluctantly, as was much other of a cognate character. And the result was such as to lcavo at least a very strong doubt on tho mind of tho jury as to tho fact of tho child having been born dead, nnd a strong suspicion of an attempt to keep back some parts of tho sad story. Under those circumstances they attempted to tirrivo at tho fact of tho paternity of tho dead child, but this evidence, although it appeared within reach, was shut out by the Coronor, who told tho jury their only duty wns to^dotcrmiuo tho " cause of death." Whilst admitting tho recognised principle of coroner's law, it appears clear to our mind that tho question asked by tho jiuw, was as pertinent to tho issue as tho common question in a case of donth undor suspected violence — In whose company was the deceased last scenP The jury again, pressed for a post mortem examination of tho child. IJ^t Dr. Preshaw refusod this, and denied tho power of any medical man to dotormino by such a process whether a child had beon born dead or alivo. _ Ho assumed a gravo responsibility in this w'ido doparturo from the common practico of coroners. It is said tho jury wore only prevailed on to return a verdict of '* still-born" from tho determination manifested to accept no other, and from tho throat of confinement if thoy did not agreo. They aro themselves tho parlios who dcclnTo that tho verdict is not ono that satisfies their conscience It is necessary for tho reputation of the Coronor's court that tho dopositions of this extraordinary caso should bo published, that it may bo seen how far thoy justify a demand for a ro-opening of the enquiry, and a post-mortoui examination of tho body.

Some very lamentable results have attended tho lato rush to tho South in tho Totara district, and which, from tho information wo lmvo lately received, leads to tho beliof that aflor all it was occasioned by a false report, deliberately spread by interested parties. Our inforraaut is a minor, who stated that ho was ono of tho iinfortunato deluded one« who followed tlio supposed prospector many miles in senroh of the golden locality. He doscribos tho country thoy travelled over as almost inaccessible ; in somo places so steep that tho rangea -could only be scaled by the aid of tho supplejacks and vines with which their sides wero covered, and so great was the exoitomont existing amongst tho "mob" of two or tbrco hundred mon who accompanied them, that many wero trodden iindor foot and prooipitated down tho hill sitlos. Ono unfortunato fellow had his log broken, another an arm ; a dislocated shouldor

was theroward of another, and numerous were the bruises and contusions suffored by others After two days' unsuccessful search, the oruel deceit practised on thorn becamo bo apparent that tho crowd surrounded tho fellow who had misled them, and domanded an explanation; whereupon he confessed bis guilt, declaring ho had been tempted by a storekeeper to cause a rush, in order that tho country might be prospected. Great was the wrath of all assembled, and summary vengeance proposed, some being in favour of hanging him, others advocated a milder treatment that his cars should bo cut off and his head shaved ; but after much discussion it was finally resolved to convey him to the camp at Ross Town, and hand him over to the authorities, but by somo mischanco whilst taking him thither bo managed to give them the slip and has not since been heard of. Wo hear that many'poor fellows were lost in the ranges for soveral days, and on finally arriving at Jones's creek wero so exhausted, having been without food tho wholo time, as to fairly drop down with fatigue and want of sustenance. It is also feared that somo are yet in tho bush, and, if so, that their Jives nre sacrificed. Wo cannot feel surprise at the natural indignation of the deluded miners undor tho circumstances, and, indeed, think great orodit is duo to thorn for the moderation they displayod. Wo should be sorry to see Lynch law established on the diggings in any form ; and tho arm of tho law ought to be long enough and strong enough to reach miscreants of this ordor, who certainly deserve tho most condign punishment. It is sincerely to bo hoped that in this instanco tho scoundrel who has for the timo succeeded in effecting his liberation may yet bo recaptured and recoivo his very just desens. But if his stoty bo true, what aro wo to say of the storekeeper who induced him, and of com so bribed him to tell his false and delnsivo talo!

On Friday last, tho dead body of a man, much decomposed, was picked up on the beash close to, and north of, tho Teromakau. It was identified as that of the unfortunato toan Smith who was di owned on his overland journey with cattle from Christchurch some few weeks back.

Tlio perils attendant upon the navigation of the rapid and dangerous streams of Westland has been again exemplified upon tile Arnold rivor, on Wednesday list, attended, wo aro sorry to say, with fatal results. Bolh the Arnold and Grey rivers had beon in a state of high tlood siuco tho proceeding Thursday, on which day a boat belonging to Alick the Greek, left Grey Town laden with stores for Mr Murphy, of tho Arnold township. Her crow consisted of five men. Tho heavy fresh delayed thorn at the junction of the two rivers several days ; but, on the day in question, tho waters having abated, they proceed on their dangerous journey. On arriving at the second rapid tho boat was mado fast to a tree, when suddenly she sheered into tho current and before the lino could bo eased off capsized and sunk. Two of tho men mannged to reach tho shoro, and one, clinging to an oar, was carried down to tho junction, whore ho was picked up in an insensible stato by a boatman. In fact, so far gone was be that the tips of his fingers only retained a hold of his frail support, and the instant be was touched bis grasp relaxed. An hour or two's careful attention, however, sufficed to recover him. Less fortunato wero tho other two poor fellows, whose names are John M 'Master and John Coombes, the former a North of Ireland man, tho latter a Londoner and son of a largo brewer in that city, — for tho current swept them away and, no help being at hand, they wore unhappily drowned. Aa soon as tho Bad event becamo known, strict search was made for tho bodies, but without success ; and it is very doubtful if thuy will bo found till tho sea washes them up on tho beach to tho north of tlio Grey. None of tho boat's cargo (the whole of which belonged to Mr Murphy) was saved, and he is again a heavy loser, tin's being the third time ho bos lost freight in a similar mannor. Mr J* S. Grant has roado hid debut in tho Provincial Council of. Otago,^ ( and moved two amendments iv Committee on tho reply to tho Address. In each case tho division found him "alone in his glory." The Victorian Government steam sloop Victoria, which had called at Port dial more to coal on her return fioni the Auckland Isjands to Melbourne sailed on Friday, tho 18th instant. In the Provincial Council, tho previous day, Mr Yogel referred to tho services to tho cause of humanity, and to the Colony, rendered by tho expedition of the Victoria, and ho moved that tho Council do adjourn, to allow the Government, aud other members, to visit tho steam tr, and to bid good byo to Captain Norman and his officers. MrH.J. Miller seconded the motion, which was agreed to j and the Council adjourned until the following clay. Most of tho mom bers, togother with tho Government, waited upon Captain Norman,

The •• Groy River Argus," of Saturday says: — 11 In addition to tho former amount of gold shipped per Wallaby, wo learn that tho Bank of Now Zcalaud shipped a further quantity of 1,000 oza. Tho Bank of Now South Wales is also a largo holder, but did not ship any more, and tho Union acted likowiso. Thero is every probability of our next shipment being a very heavy ono. Total qur.ntily per Wallaby, 9,250 ozs. The "Daily Times" of tho 20th, has tho follow, ing :— " Mr Thatoher, who sailed for Melbourne by tho Albion, on Saturday, recently brought with him from Wellington, and has left at this office, tho binnacle of tho ill-fated steamship, City of Dunedin. It bears tho name of ' David Heron, Glasgow,' who was tho maker, and is recognised by many as boing undoubtedly a rolio of one of tho most melancholy and mysterious shipwrecks which havo yet happened on this coast.' 1

Tho person roferred to in tho paragraphs we quoto below, will be well known to all Southlanders at present in Hokitika. Ho was successor in tho office of Registrar to Mr Johnstone against whom ho was tho principal witness when that gentleman was lately tried and ncqui'ted, onaohargoof misappropriating public moneys. •' Information has beon received in town of tho arrest of Mr Connoll, Registrar of the Supremo Court, at Invercargill, on a charge of having murdered a woman on the 14th inst. Ho has beon brought before the Resident Magistrate's Court at Invoreargill, and remanded for further examination." Wo havo no copy of tho Dunedin paper of tho 10th, containing tho report of tho opening of the Provincial Council of Otago. Tho following, liowevor, is a telographio summary of tho new Superintendent's address to tho Assombly,whioh had been received in Ohristchuroh :— His Honor referred to tho oiroutnstance that tho dolay had caused certain unauthorised expenditure. Ho directed Attention to tho unsatisfactory relations between tho General and Provincial Governments, and stated that a chango was inevitable, and that his resolution on the subject would bo brought boforo tho Council. The rejection of the Otago Waste Lands Bill by tho Assembly rondored it necessary for tho Council to reconsider tho subject, and frarno fresh resolutions. A Bill for promoting tho sale of lands within tho old hundreds would bo brought forward. His Honor referred to tho salo of tho remaining debentures of the 1802 loan, which although at a low price, had roliovcd provincial finance Mr Pyke'a discovery of a practicable route to the West Coast was deserving tho consideration of tho Council, and His Honor congratulated the Counoil on tho steady prosperity of tho Otago goldfields. Tho formation of a railway from Dunedin to the Olutha required sorioiw considoration, and resolutions based on the survey report and plans would bo laid boforo tho Counoil. Ili3 Honor briefly nd varied to tho construction of public buildings in Dunedin, and the Jetty at Oamaru, and the satisfactory results of tho female immigration plan. A fuithcr voto for (word unintelligible) would bo asked from tho Counoil. Tho Kstimates had boon framed on tho principlo of economy and efficiency. Tlio fortnightly escort brought down to Dunodin on tho 17th instant. ,a gross total of 0408 oxs 10 dwt gold,

Somo very good prospects havo lately been obtained at tho Auckland rush, as much as an ounce to the dish being washed. Wo wore informed that as high as seven ounces to the samo amount of dirt had beon obtained, but cannot vouch for its authenticity. Miners there ssom generally satisfied with the returns, but complain the ground is vory patchy. Gold had also been struck the other side tho swamp undor tho coast ranges, and a rush had taken placo, the result of which, however, was unimportant, most of tho olnims bottomed turning out blanks. Wo shall publish a detailed account of these diggings shortly.

A considerable amount of wreck is strewn along the beach between tho Kapatia and Hokitika. In one placo is a part of the bottom of a moderately-sized vessel with the keelson loose beside it. A little further on a floor timber that from its appearance, evidently onoe belonged to tho samo vessel, has been washed up ; and between the Montezuma aud tbo Three-mile one half tbo entire bow of what was once a goodly craft disfigures tlio beach. Wo are quite at a loss to account for the presences of this debris, unless it be tho remains of that unfortunate schooner tho Dolphin. Tho > silly canard about tho gold discoveries in tho vicinity of of the hospital which obtained currency a fortnight ago, has-reacbed Christchurch in tho following shape, tho " Lyttelton Times," of tho 17th, says: — "Our latest news from the West Coast is to the effect that a tremendous rush has set in to a place near tho town of Hokitika, and that 300 olaims had been takon up."

Wo are sorry to havo to record the occurrence of disgraceful outrages at tho Okirita diggings, and the information wo have received leads to the conclusion that, iv this instance, as in too many others, the originator of them were those enemies of law and ordor tho Tipporary boys. Our informant, who is well known to tho mining community, belonged to a party of five men, who were engaged iv mining at Bruce Bay, but bearing there was a good rush fivo miles south of Okirita thoy started for it, and on their arrival found that not only was tho report a true one, but what wns less agreeable tho whole placo in a state of commotion through a free fight that was going on betweeu the Tips on one side, and any one that chance might throw in thoir way on the other. It appears that those gentlomen, elated by their success at tho now rush, were determined to keep the good thing entirely to themselves, all new corners having to undergo a rigorous test an to their nationality, religion, '&c, which, if thoy failed in withstanding, resulted iv a brutal beating. The first who sufferek was a man named Nixon, who, after being asked to step into a store and drink, was knocked down becAuso ho confessed to being a Chureli of England and North of Ireland man, and his mate interposing to save him shared the same fate. Nixon nfterwaids managed to crawl to Barrett's Hotel, in which houso belaid down; but a mob soon collected, armed with sluiceforks, stones, etc-, and a very good imitation of Donnybrook fair was tho result, only the fighting was all on one side. In the midst of this shindy, Christy Burcken and bis party mado their appearance, and immediately found themselves engaged in a band-td-hand tight with a party of men who, five minutes boforo, they had not (ho slightest idea were in existence, and all of them were moro or les3 maltreated. Christy was devcrety cut in the right hand with a knifo, whilo two of his mates, named Dalton and Coulston, wore so seriously hurt as to be unablo to move, and the other three, to save themsolves, had to beat a hasty retreat. Another man, a stranger, who enmo in with them was severely wounded in the face with a sluice fork, knocked down, nnd then stoned, nnd Mr Chnmberlain's store was partly destroyed and his mato nearly killed ; whilo Mt* M'Culloch, another storekeeper, was stuck through tho hand with a claw hammer. Mr Bracken, our iuformant, stated they had to leave all their things behind them, thinking themselves lucky in escaping with their baro Hyas. cud do not know whcther_their mates aro clivo or dead, Wo sin« corely trust tbo quthoritles will tako action in this mattor, and strivo to prevent tho recurrence of such scenes for tho futuro; otherwise, as at the Alma and Adelaide leads in bygone days in Victoria, tho persecuted ones will have to »ako tho law into their own hands, and wo all know how thoso affairs terminated.

We notico with somo surprise the indiscriminate manner in which buildings are being erected on tho north spit, at the extremity of Gibson's Quay, and wonder such an irregularity is pormitced by Mr Sale. Shanties of all shapes and sizes are being run up in ovory direction, without any regard being paid to either road or pathway; nnd should this nuisance continue unchecked, there will soon be no room for even pedestrians to roach the Flagstaff by tho old route . How vessels will manage who nro obliged to make the overland route wo know not, but suppose they will havo to pay a heavy black mail to the owners of buildings which happen to be in their way, to romovo out of it, This, we believe is the ohiof inducement that has caused these gentlemen to build ; but wo hope to see their aims frustrated by tho timely interference of the authorities, who should at onco declare tho whole of the north spit not built upon as a reserve.

Our latest Christchurch papers nre to the 21st inst. The actual result of tho West Coast election was not then known. Tho numbers forwarded by tho Hokitika correspondent of the "Lyttolton Times" gave the majority to Mr Prosscr nnd Mr BarflT. But as the returns were then incomplete, the election of Messrs Prossor and McGlashan was assumed as a certainty. Tho following is the estimate formed of these two g<n' lemon by tho Hokitika letter writer, and communicated to the editor of tho " Times" :—: — "For my own part, I should not much care if Mr Projser were deprived of his honours ; but Mr M'Glashan's place could not easily be filled, Of our two members, if men.bers they are to bo, Mr M'Qloshan is quiet and sonsible, and Mr Prosser noisy, and porhaps stupid. Ho (Mr Prossor) is a druggist, who formerly kept a shop at Queenstown, and was continually before tho public there as the owner of a griovnuco, gone rally of a purely personal character. He is not it man to carry any weight in the Counoil, and bis position at the head of tho poll tells badly for tho intelligence of tho West Coast electors."