West Coast Times.

West Coast Times, Issue 107, 20 January 1866, Page 2

West Coast Times.

SATURDAY, JANUARY 20, 1.860.

Tiik presentment of the Grand Jury to his Honor is equally notable for' its omissions and its contents. It would he affectation to attempt to disguise tho fact that it falls very far short of the public expectation. Mr Justice Gresson's charge to tho jury was a plain and pointed invitation to them to embody in their presentment all the causes of complaint which Westland felt against the present imperfect machinery for the administration of justice. His Honor, in effect, said, " Whatever representations you see fit to make, gentlemen, I will undertake that they shall be brought under the notice of the Government.'' Mr. Justice Gresson " led" the Grand Jury, by indicating to them the topics on which it was desirable they should comment. *

Thoy respond to this invitation in a presentment comprising lour pnragrajriis, of which the first two hnvo reference to tho gaol and tho insufficiency of the accommodation provided Jn -it ; tho third, to tho expediency of 'V extending the jurisdiction" of the Kesidont Magistrate's Court, so ns to relievo tho Supromo Court 01 a largo, numhov of wwa now wnl kfyro \\>\ (nnl the

I'ourlh, to tho necessity ol" holding more frequent Supreme Court sessions, and the provision of better accommodation for tho jury.

The Grand Jury whoso labors have thus terminated, consisted of some twenty or thirty of the leading merchants and citizens of tho West Coast. Distinctly asked by his Honor tho Judge to put into tangible shape the grievances of the district quoud tho administration of justice, they say that if the gaol accommodation is improved so as to provide for the health of the prisoners, and to separate debtors from felons ; if tho trivial cases now sent before tho Supromo Court are directed to be for tho future summarily " disposed of" by the llesident Magistrate ; if quartorly sessions of the Court arc directed to be held ; and if a detached room is provided for the Grand Jury : the district will havo " little to complain of."

No presentment could havo boon more ingeniously framed to tako the wind out of tho sails of Westland. Here is a body of tho loading citizens of the placo, actually and emphatically challenged by tho Judge to make out thoir case, and promised that whatever they said, should bo brought directly under the notice of tho authorities both in Wellington and Christclmrch. Mr Justice Gresson tells them, in effect, that ho is in correspondence with tho Executive- on this very point. Ho said, "Itis my intention to communicate with tho Government on my return to Christclmrch. " No doubt whatovcr can bo entertained of what His Honor meant, and of tho kind of presentment ho invited. And wo have no doubt that he will bo as much surprised and disappointed as wo arc, at tho refusal of tho Grand Jury to placo in his hands the " power of attorney" to act for the district, which lie obviously solicited. In reviewing in detail the contents of tho presentment, wo need not refer to the item of 'the gaol. Sufficient has already been said on that subject. The second recommendation of tho Grand Jury is somewhat puzzling. It suggests tho extension of the jurisdiction of tho Magistrate's Court in criminal causes, on the ground that a largo number of trivial cases have boon sent up to the Supreme Court. We had very strongly hoped that tho Grand Jury would have taken a totally different View, and represented to His Honor tho inexpediency of allowing grave charges against men to bo "disposed of" without tho intervention of a jury. Under the summary conviction ia\v of England, a boy may be sentenced to bo flogged, a drunkard to bo fined, or a petty theft to be punished with a brief imprisonment. This power, and indeed far larger powers than would bo tolerated in England, tho llesident Magistrate possesses already. On what ground do the Grand Jury recommend that the absolute authority of this gentleman shall bo enlarged and strenghened, to nn extent that would give him almost uncontrolled dominion over the liberties of the Queen's subjects ? The words of tho Grand Jury are, that they cannot refrain from expressing thoir " surprise that the country should ho put to tho expense of trying in the Supreme Court several cases of such a trifling nature as ought at onco to be disposed of at tho Itesidont Magistrate's Court, and thoy trust that extended jurisdiction will assist in preventing a recurrence of tliii.." It is, of course, natural to business men, who are liable to bo called away from their avocations for three or four hours a day during somo five days twice a year, to look upon a caso of larceny as a " trivial" one. But it is not a trivial one to the accused) It may depend as much upon tho balance of circumstantial evidence as a charge involving tho fraudulent conversion of thousands of pounds. What is tho meaning of the expression " extended jurisdiction" in criminal cases ? Is the gravity of a case to be tried, to be gnaged by the amount of the misappropriated property, or tho precise weight of the blow constituting the alleged assault? Is the right of trial by jury enjoyed by tho man charged with stealing twenty pounds to be denied to tho man charged with stealing nineteen pounds nineteen shillings? What is tho essence of the gravity of a criminal offence? By what principle can the jurisdiction in it be extended or limited ? Is a thief less a thief because he picks n man's pocket of a one pound note instead of a fivo ; or, if he is put on his trial, less entitled to a jury'? What is tho exciting cause of this paragraph in the presentment? Does the calendar comprise a long list of trivial cases, such as an extended jurisdiction would have enabled Mr. Fit/.* gerald to " dispose of?" In very fow cases have bills against prisoners' been ignored. In ono the Crown Prosecutor, | ( nfter a true bill had been found, delVlined to proceed with the charge On Monday, tho clay on which the Court was opened, one prisoner pleaded guilty to stealing 45 ounces of gold, and was sentenced to nine months' imprisonment with hard labor. Another was found guilty of having "stolen from tho person"' 13 sovereigns and a nugget of gold. The jury retired to consider their verdict, and after being out of court some time found the accused guilty, and ho wasi sentenced to nine months of hard labor. A third was convicted, on purely circumstantial evidence of a most di'fliou.t character to decide upon — the jury being locked up for three hours'— of stealing £35 from the person, and he had twelvo months in Lyttelton gaol awarded him. On the following day a confession of* larceny was followed by a sentence of eighteen months' havd labor; a charge of burglary broke down, uud au acquittal was directed, in oon.soquoneo of a legal objection taken by the judge, and fully discussed by counsel. A prisoner indicted for horse stealing was found guilty, and received a two years' sentence, after much cicumstanlial evidenco had beci. listened to. The question that went to tho jury was whether tho account of tho transaction given by tho prisoner was suflu'icnlly orodibh' \o defid'ov [\w ('ti-so I'or ilio jwwijioii. An

at ([intlitl was vecoidcd in a <:a.->o of larceny, aftev several witnesses had boon examined. On Wednesday the cattle stealing ease at the Kaneiri occupied the Court the entire day, a verdict of not guilty being secured through the able conduct of the defenco by Mr. South. On Thursday tho Crown Solicitor abandoned an indictment for perjury, in which the Grand Jury had found a true bill, and the remainder of the day was devoted to tho trial of the Kanieri Camp burglars, and of a prisoner charged with robbing a dwelling house at the Grey. Yesterday two prisoners were acquitted, one charged with larceny and the other with burglary. Against both of these true bills had been found by tho Grand Jury, and much evidence had to bo taken before the merits were established. One fellow was convicted and lightly sentenced for indecent assault upon a little girl. We have taken the pains to compile this list, in tho endeavor to discover those " trivial cases" which the Grand Jury are of opinion ought to be "at once disposcdof" in tho Resident Magis trate's Court, by means of an " extended jurisdiction," and for tho trial of which they express their "surprise" that " the country should bo put to the expense of paying." We confess that wo have mistaken the views of tho merchants and leadingcitizens of Westland, if this presentment is a fair exponent of them. We thought it was desired that, under the present jurisdiction, tho Magistrate should bo assisted by a jury or by usscssess. Tho Grand Jury, however, appear to think that the Resident Magistrate should bo gifted with an absolute power over the liberty of the subject, and send men to penal servitude far burglary, perjury, and indecent assault, and all all other offences, upon his mere ipse dixit. Wo sincerely trust his Honor wi\l not make himself the medium of communicating this " representation" to tho colonial authorities.

We have said the presentment is remarkable for its omissions. It does not demand tho appointment of a Resident Judge, or of a District Judge. But what is much more notable, is tho fact that it does not oven allude to tho subject of tho appointment of an "ad interim" administrating oflicor in insolvency. To this topic His Honor expressly invited tho attention of the Grand Jury, and asked them to favor him with their views, that ho might lay them boforo tho General Government. It is surprising tbi\t a body of mercantile men should, by their absolute silence- on this point, have virtually intimated to Ilis Honor that his allusion to the topic, if not impertinent, was unnecessary. Wo trust Ilis Honor will not take tho silence as a slight. It is true that tho presentment of a Grand Jury is something 1 lileo tho address in reply to a spoch from tho Throne. Every paragraph is echoed in some form at least of studied courtesy. His Honor had a right to expect that his hints about Bankruptcy administration would' be treated with some respect, even if they wero not endorsed by the commercial men he was addressing. But wo comfort ourselves with the reflection that Mr Justice Gresson has been an extensive traveller, and has seen many peoples of divers fashions, before capricious fortune led him across tho Southern Alps to We.stland, to get an inkling of the manners and customs of this " outlying district."

Wo aro indebted lo Mr Prosser for a copy -of au important. Provincial Council Paper, which we publish in another column. It contains a list of lands in tho Westlaud district proposed to bo Ket apart for salo. Wo reserve comment upon this paper until our next issue.

Wo understand somo partios on the Kanieri aro in treaty wilh Mr Collins for the purchase of the engine and boiler of tho Maid of the Yarra, with the intention of erecting them on tho Old Flat, for the purpose of ground drainage. No dclinito arrangement has yet been made, .some diffcrenco existing about the price. It is said, howovor, that Mr Collins nflurcd to sell and land tho machinery on the ground for the sum of LIOOO.

On Wcdnneday night Professor Parker and Miss Beaumont gavo an cuteitainmont nt tho Theatre Royal. Tho performance was excellent and well sustained, Miss Beaumont singing many of her favorito songs, which • wore exceedingly well received. The Professor was, us usual, inimitable in tho uso of the sword, displaying (hose feats of skill and strength for which he is so famous.

It will bo seen that tondors aro invited by Iho District; Engineer for additions to bo made to Iho Custom-house, and for the supply of timbor suitable for wharf piles, ivc. It is inrimaled that toiulors havo been received for tho oroclion of eight, rolls and a gaoler's rosidenco on tho gaol reserve. Tho tender of Messrs. Alexander Buchanan and Co. for X'sol) has been accoptcd. Dr. Ryloy Ima waited on us, and furnished us with soino explanatory statements in connection with tho facts wo commented on yesterday, and tho general inmiagoment of tho Hospital. Wd prefer to hold over any further discussion of tho Bubjcot until Monday, rather than deal with it in on imperfect or partial information. Tho Supremo Court yoslorday .continued its sitting!), and got through n good deal of business. A presentment was mado by tho Grand Jury in referonoo to various matteis, and hi.s Honor replied ; tho utmost courtesy and mutual satisfaction being shown. Thero seems to lo littlo doubt that now tho days of overcrowded gaols aro at an end in Ilokitika. As wo know, his Honor denounced tho gaol accommodation some little timo ago, tho Grand Jury havo followed suit,, and we learn from his Honor that tho Commissioner, 100, lias admitted iho evil, and is prepared without delay to supply a romedy. Referring lo quarterly sessions, too, his Honor showed how it was proposed to meet tho difficulty by arranging that 0110 of the Otii^-o resident judges should p.ny n visit twice v year to the West Coast, and that a Canterbury judgo should take Die other two Oourtu. We only hopo that Hub arrangement will hoon bo consummatod, for as nmltow stand nt. presont thoro will not bo anothor Supromo Court Siding in Ilokitika till July noxl. Tho grand jury havo concluded their duties and woro disuhnvged yesterday, aftor (ho presentment and reply of his Honor. In 0110 caso, tho Qucon v Chvy, the prisoner was disclmrgod ns tho prosoeutor did not appear; and John Kenny and William Martin woro discharged as tho grand jury ignored (ho bills sent in ngainst thorn. John Irvino,for burglary nt the Groy, was sontoncod to (wolvo mouths' imprisonment. Frederick Neville, charged with larceny, wu3 aoquillod, the identification of the proporty not, boiug wmplolo. Patrick Ry«u was found guilty of an imlm'iil nasiiuUol 1 n vory aboiuinnblo' naUrn? yn n < ! hikl mm! ww er-iifiwd to Iwo yours

im|>iisiiniM'iil wilh hard labor. To-day Iho iirat ciiso will bo Unit of Absalom Brook,' who is clmrgo.l with tho manslaughter of his malo at tho Threo Milo Creek.

Considerable anxiety has boon displayed by nil weH-wisheiy for tho futuro of Ilokitika concerning Iho serious encroachment mado by the rivor upon tho north bank, niul tho probable removal of tho spit, if cortain precautions aro not adopted to chock tho inroads mado b^loods. Meetings havo boon hold, iho Govtyniiont hns boon potitionod, and largo sums of monoy havo beon oxponded in wharf formation for tho puvposo of confining tho stream to its present ohnnnol, which to a certain extent has proved successful. Hut whilst wo havo boon fighting chse at homo with our treacherous stream, repelling it? advances in our front, wo havo unwittingly left a flunk unguarded, which having boon attacked by tho enemy, has nearly resulted in tho loss of our position, not through excess of water, but absolutely thiough a lack of it. It may not bs generally known, that at somo not very distant poriod, Iho liver, or at least a largo part of it, found its way to tho sea much further to the southward than its present con rvo, and this old channel being only partly filled up, yet carries oil a considerable amount of tho .storm and snow wator when tho river is unusually high, discharging itself into tho lagoon opposite the township, on the South Spit. Thus a portion of tho south bank is, at Hood times, converted into an Island, by which namo it is known to the initiated. Tho entranco to this old channel is situated about a milo up tho river, and although over sinco wo can recollect water has at limes run down if, it is only during tho past month or six weeks tnat tho river has takon such a decided course in that diiootion as UireatoiiH to, in time (if prompt measures aro not adoptod to restrain it), scour out the old obannol again, and leavo its present bed, if nob diy, yet with so littlo water in it, that vessols would find it impossible to reaoh tho wharf. To the Survey Department is due tho credit of this discovery, our attontion being first called to the fact by ono of tho HtatT, and wo beliovo it is tho ihtontion of tho Qovornmaut to throw a substantial dam across this arm, and thus provont that which would othorwiso bo a most serious cnlnmity to Hokitiku. On visiting tho placo yesterday wo wcro quilo astonished at tho inroad mado by Iho stream, ncrcs of sand nnd scrub having boon removed by tho heavy floods of tho past two months. Tho chango was indeed most marked nnd significant.

A proposal is on foot, and will, wo boliovc, meet with hearty support both at Ilokitika and ut tho Grey, to connect tho two places by atramway of a cheap kind. It is intended that wooden rails shall be used, and as au abundance of timber in every way suitable for tho purpose oan bo procured along tho whole lino, and as, moreover, a dead level can also bo obtained, tho oxponso of construction will bo, comparatively speaking, trilling. The traffic now existing botwoen the two places fully warrants tho speculation, which must, wo should think, under proper management, provo ronumorativo to its promoters. A meeting of gcntlomcn interested will be hold in a day or two, when tho undertaking will bo fairly launched, though whether as an enterprise confined to a few or to bo carried out by a public company, wo nro not informed. Sovcral inllucutial pcisons havo approved of the project. Thero can bo littlo doubt that the Government would" oflbr no objection to suuioicnt land on the beach being taken up for the purpose ; and, if cariiod out, we should think that thn results would bo equally benolicial lo the projectors and tho public.

Tho li Ist number of a now evening paper undor tho tiLlo of tho livemny Star, was issued last ovening. In its leading article it endeavors to prove, that morning journals arc useless, and rather a public nuisance than otherwise, and that ovening papers aro tho " real blessing" to tho public.

Tho Sydney Morning Herald of tho 6th inst., has tho following notico .of a cargo of cattle shipped for Nelson: — "Messrs Thompson and Dalton placed on board Iho barque honjamin Heapo, yesterday. 80 hoad of oattlo and 200 oheop, of a description seldom seen exported. Tho cattlo lmvo been selected from a herd of 300, nono of them weighing less than 900 pounds They aio from the Australian Agricultural Company's well-known stock, and aro in admirable condition, and their average price is £12 per head, Tho vessel has been fitted with every appliance that can conduco to thoir being landed at Nelson in first-r.ito order. Tho stock has been taken on board at Flood's Wharf, and there i.s no doubt that, with the ample provision that has been supplied, mid tho earo and attention which they will receive, they will bo landed in as good order as whon shipped, providing the ship only makes an ordinary passage."

A very serious accident (says the Nelson Er. amlner) occurred to Mr. Falla, merchant, of Kelson, on Thursday, by which ho sustained a fracture of tho leg. It appears that as Mr. Falla was returning to town, on tho Waiincaroad, when, coining down tho hill on the olher sido of tho barracks, Iho horso kicked, and I lnoko h's leg a 'ittlo above the ankle. Mr. Fnlla, being incapacitated from proceeding further, stopped and waited for assistance. At this slago Mr. A.skow drove up in his own trap, and in his anxiety to render aid, left his own hoisi and trap by the roadside and got into Mr. Falla's. with tho intention of diiving him hoinr. Could he havo foreseen what was about to happen, ho would have taken Mr. Falla into his own trap. Placing tho injured gcntloman, whoso broken leg was hanging, on the back heat, Mr. Askew drove on towards town. Tho horse wont quiotly enough, till they came down Col-logo-lull, when ho began to kiok most furiously. Mr. Askew says he was grazed by tho blows, and but for tho position in which ho was sitting, permitting the horse's hoofs to puss between his legs, both his logs would probably havo boon brokon. In a minute or two tho horso got his near hind leg fast in the k»ggy> which brought him to tho ground. Tho occupants of tho buggy wero thrown out, Mr. Falla being I brown sovoral feet in advanco of tho horso's head. Mr. Askow was obliged to hold Iho horso to prevent further damage, and wait till somo porsons onmo and took Mr. Falla homo. Mr. Cotlcrcll, surgeon, find Dr. Irvino wcro quickly in nttondanco. Mr. Askew, who sat up with Mr. Falla on Thursday night, informs us that ho is proceeding favourably, and, considering Iho painful nature of Iho accident, is in good spirits. That a man with a brokon log should lmvo been (brown out, of his trap, by tho same horso that broko his log, seems an accumulation of misfortunes (lint 0110 dooa not ofron hear of. Mr. Askow's escape from a similar i'ato was most remarkable.

The Dunedin livening Star, in a lato issue, says:— "Wo havo boon requested to stato, for public information, that a number of dipped sovereigns nro being circulated in Dnnedin. Sevornl have recently boon detected at tho banks, witn about a twentieth part of their weight abstracted! Tho plan appears to consist in clipping oil" a portion of the milled edge of tlio coin, and afterwards rcinilling the mutilated part."

Jajiks Watt's Woukshoi I.—An1 .— An Edinburgh gontloman, attbnding tho British Association at Birmingham, thus describes a visit to the liousp of tho famous discoverer of tho steam-cngino ;—; — " A friend of Mr lives in James Watt's house. We woro admitted into his woikroom— a garret at tho top of tho house. It appoars ho had a scolding wifo, who didn't liko tho mosses and tho noises he made, so ho was sent to the attic. The room is exactly as Watt left it. Tho very ashes aro still in tho grato; his littlo latho lias v bit of unfinished work in it ; tools Ho about ; books and drawings arc in old drawers and strowed hero nn<l Uiuiv. KlB a misorablo littlo placo. Only four of us could got in at ono timo. In fact, Iho lady of tho houso, who wont with us, had to tuck horsolf up in nil nuumor. of shapos to prevont her crinolino swooping all tho litters into tho cornors. Tho houso is a very good ono, and Watt was rich whon ho died thoro 5 but it is clear his wifo kept him and his liltlo workroom in tho baok ground. Tho room bus ouly boon rocontly oponod. By tins will of Watt's son it was ordorod to bo loft for over us tho old man loft, it when ho last wi'u'i on', at Us door. It was not looked iulo for more ()mn (Dirty yonra,"