R.M. COURT.

Wairarapa Daily Times, Volume X, Issue 3314, 20 September 1889, Page 2

R.M. COURT.

MASTERTON-FEIDAY, , (Before Col Roberts, R.M.) RABBITS. Inspector Drummond v. J, 0, Andrew, breach of Section 9 of the Rabbit Act in failing to destroy rabbits on lea station, 18,000 acres, Mr Bunny appoared for informant, and defendant conducted his own case, Mr Andrew took two points. Ue argued that the information was informal because it charged him with not taking steps to destroy, and also with having left off destroying. IJo held that thero should have been two informations. Colonel Roberts said he could appeal on that point. I Defendant next referred to the Statistics and maintained that only the Chief Inspector could prosecute, Ho quoted Section 28 of the Act of 1887, which refers to Rabbit Board Districts and vests the power to prosecute in the Inspector, and contended that Drummond being a sub-inspector could not lay the information.

Colonel Bobpfis hold that although North Wairarapa had been gazetted a Babbit District, and as- no Board had yet been elected the Aot was not in operation. Tho defendant said that signified nothing, It might frequently happen after a board has been constituted that the board might go out of office. The members might resign, or for somo resistance of authority go to Wellington Gaol. The section of the Act he quoted makes provision in such case for the authority of the Chief Inspector.

Col Roberts said he would disallo' defendant's view.

Wallace Smith, rabbit agent, was put in {he box to prove the case. He was severely crsss-oxamined as to his competency as an expert. The Bench interfered with the cross-examination by defendant, as somo of it was held to be irrevelant.

Witness was not aware of using the expression that defendant's employees were a pack of fools. Ho 6aw rabbits on the run in August. Defendant said he would not crossexamine the witness further, and hoped the Court would givo him credit for not wishing to take up the time of the Court.

Inspector Druuimqnd deposed that thp.last witness Lad submitted to him certain reports, upon which he

caused defendant to bo served with a notice under section No. 8, calling

upon him to take such steps as vere necessary to destroy the rabbits. In the opinion of witness such steps had not been taken, Cross-examined: Was sub-inapeotor for the Wairarapa district, Defendant pointed out that tho fact of tho North Wairarapa being constituted a separate rabbit district, it would be necessary for Inspector Drummond to be reappointed before ho could lay-an information under tho Act.

Mr Bunny road the Gazette notice of the appointment of sub-Inspoctor Drummondfor the North Wairarapa. Defendant raised the point that Mr Drummond was not a sub-incpec-. tor for the North Wairarapa Rabbit District as declared in tho Gazette notice of tho constitution of that district.

His Worship said ho was disposed to think th 9 warrant appointing Mr Druirmoud sub-inspector under the! Sheep Act, gavo him control of tho Nortli Wairarapa District. He could not see how the sub-inspectors could bo superseded, as he might say, by the proclamation of tho North Wairarapa district.

Defendant said he did'not mean to say that the Chief Inspector had not power to appoint a sub-inspeotor, but as. a matter ot fact ho had not appointed Mr Drummond sub-inspeo-tor, for that district, and therefore the case must fail.

His Worship said he'wouldbe glad to have the many disputable points raised in these rabbit cases settled by appeal.

In reply to defendant Inspector Druramond admitted that ho had not visjted the run since the 27th July, and had simply based his opinion abo.utthe steps being insufficient from tho agent's report. Witness denied | emphatically that ho was actuated by malice.

John Burch gave evidence for the defence which went to show that tho poisoning was greater this year than on any previous season, and was sufficient, in his opinion, to destroy the rabbits on the run.

Cross-examined by Mr Bunny: Was engaged duricg tho poisoning season in packing for the gangs ol poisoners. Did not superintend tho poisoning. Twenty mon at loast wore engaged poisoning up to 9th August.

To the Court: Prom 29th July to

the 9th August, witness packed for onegang fully lowt of poison, equal to half a ton of grain, and to the other gang quarter of a ton and the same quantity went by drays. He-examined: Tried poisoned beans and succulent shoots of young

plants in addition to oats, The quantity of poison he referred to was what he packed himself,

William Andrew said he was in charge of the main poisoning at the southern end. This year's poisoning was the best for four years and effective in clearing the rabbits. Had travelled the range and saw only one rabbit, that was one of the worst parts of the run before the poisoning. Had used three sorts of poison. The shepherd had laid poison at the

ferry. Had with others bcon laying poison, ■ shooting, digging out and hunting with dogs to destroy rabbits during August. Un tho 2Gth July there were warm- words between witness and Inspector Drummond. Heard Agent Smith make an observation in roferenco to it on that oooasion, The rabbits were considerably decreased between 29th July and 26th August. Cross-examined: Was over 12,000 acres that time. Was out daily. Witness superintended a gang of thirteen poisoners. The rabbits did not begin to breed early in August this year. Account for that by the number of rabbits killed in goneral. The rabbits havo increased, To the Court: Burch brought to witness' gang about a hundredweight of poisoned grain nearly every day for about nine weeks, Re-examined: The baits laid wore between fifteen and twenty. Tlireo Brains would kill a rabbit; 100 grains laid on grass was dangerous to stock. Edward Adams also gave evidence confirming the amount of poison distributed. Had had considerable

experience in Marlborough. It was not better done there than at lea. Rabbits wore diminished since the poisoning. J. 0, Andrew, the defendant, gave ovidence as to tho steps taken to dostroy tho rabbits on lea Station. Fined L 5 and costs, and His Honor intimated that he would take the evidence of thodefonco as mitigation of the penalty which he reduced to L2, including costs. Masterton School Committee.

The ordinary monthly meeting of the School Committo was hold last night. Present—Messrs McEwen, Daniells, Hathaway, Prangnoll, Leahy and Hogg. In tho absence of Mr Renall (who arrived, however, before the reading of the minutes of tho previous meeting was completed) Mr McEwen was voted to the chair, which he oooupiod throughout the meeting. Tbr minutes of tho last ordinary and two special meetings woro oon. firmed.

The Treasurer reported a crcdi balance of £7los 2d at date.

Correspondence was read from tho Education Board stating thechairman of the Bo&rd had beeu authorised to deal with the lease and right to use water on Mr Perry's land, From samo stating the opening of the Mangatainoka school could probably bo deferred until the examination of the Masterton school was finished.

From 0, R. Darter stating the proposal of tho Committeo did not roach him in time to make any alteration in tho Town Lands Trust Bill as suggested, oven if it had been advisable to do so.

The Secretary reported that he had in error statod at the last meeting that Mr Leahy's seat had become forfeited through his having failed to attend three consecutive meetings. On looking over the minuto book he found that Mr Leahy had only missed two meetings, and ho at onco wrote to Mr Leahy apologising for the error, and had also written to the chairman, Mr Renall, acquainting him with the fact.

Mr Leahy expressed his regret to the Committee that any action on his part should havo reflected upon his fellow members. He had at once apologised to tho headmaster, and he assured the Committee thero Ehould be no recurrence of such a lapse. A discussion took' place amount the members, Messrs Iluiiiell, McEwen, Hathaway and Prangnell, taking up the position that something more than a verbal apology was necessary to meet tho case. Messrs Renall and Hogg were of opinion that the head master having accepted the apology, and tho Committee: having heard the expressions of regret, the matter should drop. Ultimately the following resolution wkb carried.-" That Jlr J, AY.

Leahy bo asked to teuder an apology in writing to Mr Jackson, to be conveyed to Miss Keeling, and also to tho Committee, and this be accepted as a full reparation for his conduct,". Mr Leahy expressed his entire. willingness to accede to the request. The headmaster reported the scholars on the roll numbered 558, with an attendance equal to 86 per cont. The water supply to the school was an urgent need, but if the alterations could not be completed before the school- examination commenced, it would be better to dofray the until the examination was completed. Miss Keeling reported tho.highest attendance was, at the Infant school, during the past month, 102, tho lowest 43, average 87, number on the roll 117. Accounts amounting to £Q 18s 2d wero passed for payinont. Mr Renall drew attention to tho large boulders under tho swings, and the visiting member was* instructed to see that somo fine gravel was placed there, and also to havo a small drain placed at the side sohool. The Head Master, who was present drew attention to tho unsatisfactory state of tho School library. Tho books wanted renowing and wore altogether inadequate to tho requirements of the children.,. ■ It was resolved to- hold' a special meeting as soon as the plans came from Mr Turnbull for alterations to closets.

Sir Prangnell wbb appointed visiting member mid tho meeting closed.

•'JO" /&' "Jo" an adaptation of Charles Diokane'-story"Bleak House," was played to a good lioubo last night; the titlo role being tiken by Nelly Ogdou, ft wonderful little mite of a ohild, and her impersonation was, to say the leat-t of it, an extremely clover one. Tho .easy, unaffected mannor in which she played the part, and thc& entire absence of anything like parrdC talking which usually characterises' child aotorß, was especially noticeable while in some of the pathetic parts \ her acting was so good to bring tho moisture into tho oyes of a number of tho audience. Tho treat of the evening, however, was tho splendid aotiug of Mrs Ogdcn, in the dual characters of Lady Deadlock and Hortenso, a French woman, and any person not knowing it would have

thought the parts werebeiug taken by two different persons, so ™ was the indentity of oacb, charai ter preserved. Next in merit was Mr LaurieDunbars TalkinhomA as solicitor, aud his scene 1 Frenchwoman was very telling. Ir| Ogden played Bucket, but it is not a \ part for him to display his ability as a charaotor actor, which is his particular forte. The part of Fagin, the Jew, that ho plays this evoning will give hira a better opportunity of giving us a tasto of his quality. The Chadband of Mr Saville wns very good, but bo scarcely made the obaraoter oily enough as with the original of Dickens? The minor characters were all wall

played, and it is certainly tho best allround company wo havo had here for some time. Lovers of the sensational should see the Company in their last appearance of Oliver Twist this evoning, in whioh ."Baby" takes the Title Eole, Mrs Ogden, Nancy; Mr Ogdon, Fagin the Jew ; and Mr Dunbar, Bill Sykes, Owing to the Company being due in Woodville on Monday they will not play here to-morrow evening, as originally intended, as they find it impossible to got there in time to play the aura OYoning, .^

What French Writers Think about England. .

In the" St James Gazette" of the ! 6th of July it was recommended to ! M. Julea Leraaitro that he should j employ his spare time in learning: ■ English, The same advice might bo \ given to many other leading French : I writers. It may be of interosfc to 1 know the opinion of some of distinguished gontlomon on the raat-si ter. As for M. Jules Lemaitro.'ie " was once asked to write an artiolo V ! one of tho most important Londoi ! poriodicald. "What for?" ho an\ ! swored. " I don't care about acquir A ing any reputation in ■England, Thoy \ don't want to know what I think, \ and I don't want to tell them, Tho . \ same request made to M. Alexaudre \ Dumas met with this reply; " Bothor \ tho English 1 They take our plays, , ' make a mess of them, and never pay \ ' us a sou." Emilo Augier obsorvod: \ "Pooh! I don't like the iddßof writing for peoplo who don't understand cooking." Renan said: "I profess tho deepest respect and interest in England, but I really feel it a duty to devote to my own oountry tho powors which ago and infirmities lewe me," Said Alphonso Baudot: "How can I write for a country where there is hardly any sun at all ?" Paul Bourget, on the contrary, is quite a litorary " anglomane." Ho dreams of rehabilating the contemporary English novel, which'is rather looked down on just now in iW country of Balzac, Stendhal, Elauf&h* berfc, and Zola. This tendency drawn on his head a severe" rebuke from tho two leading French critics, M. Jules Lemaitre, already mentioned, and M. Brunetidre, of the" Revue des doux-Mondos," "Verypleasant books, indeed, those two volumes of' Etudes ct Portraits,'" they wrote—or words to that effect; " but why does M. Bourget take so much of English wayß and customs ?" As for M. Guy do Maupassant, he considers EMsli literature uninteresting, not oxoraJing the works of Shakespearo, which, to speak truth, ho scarcely ever reads, as ho happens not to know a word of English, and does not think much of translations, The Pope and British Protestants Cardinal Lavigerie, presiding over a charily meeting in Algiers Cathedral recently warmly acknowledged the liberality ot English winter residents towards tho poor of all nationalities and creeds. He urged that, in view of tho •increasing attacks of a atheism, Christians should sectarian animosities, and ho referred as an earnest of the era of fraternity, to the London meeting of Catholics and Protestant prelates and laymon against tho slave trade. Tho Cardinal mentioned that on his once expressing to Leo XIII his esteem for tho English, the Pope said " So you like tho English ?" " Yes," replied tho Cardinal, " I like the tians, Holy Father, on accomS of fclioir innate virtues, of tho uoblonesa of their lives, and of thoir haviug retained much more of the Roman Church than other Protestants, but especially on account of their sin- • cerity, which allocs us to hope ut lo many of thorn that if we aro esterijnally separated wo are internally ' united in tho soul of the same church. ■ j How desirable it would be to see 11 the so hopes realised." <•1 desire it . |a,s «iu,cli as you," rejoined Hjg jfgj.

neas. "Repeat it to jour English friends when you have an opportunity." " This," lidded tlio Cardinal, addressing tlio English presont ir. Algiers Cathedral, "is what I am now doing, and, though you are comparitively few hero, you will make it known at a distance." A Curious lincident.

Thero was a very curious little incident at (he Archbishop of Canter, bury's gar-Jen party the other day, Professor Flower showed the tortoise of Archbishop Liud, which he brought from Fulham to Lambeth when lie ' became Archbishop, and which lived 180 years, and during that time saw oni eight archbishops. It would have livod probably many years longer but for tho carelessness of tlio gardener, who din; it out of its hole ono winter and did not find it another. Its shell has been preserved, and was in tho palace, but from being much knocked about had lost some of its parts. Professor Flower got tho Arch, bishop's pormisnion to look it up, and have tho description, which was almost obliterated by ill-usugo, deciphered, and have it placed under a glass case, with its history properly engraved on a silver plate. Tho tortoise at Peterborough Cathedial was a still more wonderful ono even than its Lambeth brother, fur it was known to be over 180 years old whoa it died, also from an accident, and Bishop Jeune hud its shell preserved, with an inscription narrating its age and history A Tragedy in Italy. The Rome correspondent of the London Times telegraphed on Jnnn 29th:—A tragedy of an extraordinary naturo occurred to-day in the province of Naples, Tho 7th Eegiment of Borsaglieri was on tho march this morning from Beneveuto to Arienzo and had arrived at Tufara, whore a halt was made, A soldier named Borelli left his comrades, and, concealing himself behind some trees, openod fire upon the troops. • A corporal, a soldier, and two peiaants who were Btanding noar, foil to the ground wounded, and then Major Varino ran towards Borelli to disarm him, As the officer rushed forward Borelli fired again, and the Major toll dead on the spot, Captain Prestinari, who advanced with Major Varino to assist him in seizing the assassin, was also wounded, but he was able to draw his revolver, and firing at Borelli, killed him, It is supposed that Borolli acted under the impulse of an access of madness,

A Strange Coincidence,

Dr James Lever, assistant housesurgeon at tlio general hospital, Hobart, Tasmania, died suddenly last week. He was bora in 1886, and was the boh of the Rev. J no. Levor, rector of the parish of Ardmirchor, in Ireland, and nopliew of the celebrated Irish novelist, Charles Lover. At Trinity College, Dublin, where ho comploted his 6tudies, he bore off high honors, ultimately leaving for Edinburgh, where ho took hisdegroo, Dr Lever came to the colony of Victoria about tho year 1859 (his brother-in-law king Solicitor-General at tho time,) He practised with much success in Benalla and Eagleliank, Victoria, for about four years, after which ho settled at Avaoa, in Tasmania. For jamb ho was ono of tho bejt known and most respected inodical practioners in tho districts of Campbell Town and Fiugal, but tho largo amount of travelling necessary in such a practice compelled him to retire therefrom, and on May 1,1881, ho acoepted the post ho filled so worthily from that unt'l the day of hi 3 death. Mrs Lever, his wife, expired suddenly some few months ago; and tho doctor now leaves behind him a sou, and a daughter (married to W. G, Brooks, solicitor, of Hobart,) A singular incident in connection with Dr Lever's death is the iact that his uncle, Charles Lover, on tho night preceding bis doath, feeliug cold, retired, keeping on his trousers and shirt, and in tlio morning was found by his daughter, Mrs Neville, with bis arms folded aorosa his breast, and every appearanoe of having peacefully expired. By astraugo coincidence, Dr Lever was discovered in an exactly similar manner, having also kept on the garments mentioned.