"OMNE SOLUM FORTI PATRIA." TUESDAY, APRIL 28, 1874.

Waikato Times, Volume V, Issue 306, 28 April 1874, Page 2

"OMNE SOLUM FORTI PATRIA." TUESDAY, APRIL 28, 1874.

A telegram from Dunedin refers to the inviolability of telegrams. A contemporary commented strongly on an order given by Mr Justice Cbapman for the production by the defendant of telegrams referring to a case of libel against the Star of Dunedin. We are not prepared, from want of accurale information, to enter upon the merits of the case in question, but the time has certainly arrived when a clear understanding should be arrived at as to what extent, if any, it is desirable that the secrecy of the telegraph department should be invaded even for the purpose of evidence in our Courts of Law- There are arguments to be used on the side of absolute secrecy and on that of those who argue that those holding high judicial appointments should be vested with the authority to order the production of telegrams in Court, or, a&in the case in qnestion, for the information of one of the litigants. The telegraph has become universally used by business men ; contracts are made or refused by its means, yet the telegram itself is held, at the most, to be only secondary evidence, unless supported by the production of the original handed into the sending office, or the oath of a third party as to its contents and its sender. If a telegram cannot be substantiated, the system of purchasing nnrl selling by its means must cease, except by those who have unlimited comfidence in each other. A new system of conducting business has been inaugurated, and it appears to ns that special legislation is necessary to meet the case. Let it be clearly understood that a telegram cannot be pi'oduced as evidence or on the other hand that under certain circumstances it may ; then those who are in the habit of conducting their biioiness by its means will know exactly how they stand and what risks they are vanning. In the present issue we publish the comments of a portion of the English Press on a somewhat similar case to that which has occurred in this oniony. In the colonial case the Judge ordered tlio production of the telegrams for the inspection of litig-anKs. I n that recently decided at home the Judge, after consultation with his colleagues, refused to order their production in Court. As is pointed out by a writer in one of the papers we rjuote, "If a merchant has a dispute with his customer A. 13, ib is right enough to compel him *o produce all letters written and all entries made in reference thereto, as they bear directly on the <|iWion iv hand. Bnt it would be quite another flung if the merchant were compelled to disclose his li .msaetions with the rest of the world, of which not one Hi a thousand would have even a collateral bearing uiinn the case." To avoid this difficulty, the dt'iun-iijii'iii, might be vested with the power to prodiuv nrily <mch telegrams as refer to the case belore the ( "oiirt. Who, however, is to be judge in the in. i iut r" Counsel on neither side would be willing to trust to the acumen of any telegraph officer, no matter bow honest his intentions to sort

tlie wheat, from the chaff of his case. Wo can sou no other means of getting out, of the difficulty than by acting- upon the principle that all telegrams shnll be inviolate. Hitherto, we have trusted without hesitation, many of our secrets to the keeping of officers of the telegraph department : in fact, have looked upon a telegram as equally private* and as little liable to be used for or against us as a conversation with no witnesses present; and, in our opinion, the longer the feeling of security of telegrams from prying eyes exists, whether in courts of law or elsewhere, the better for the public. JMr Jnstice Chapman's decision is in opposition to that of the English judges, aud we trust that the Ippeal Court of New Zealand will upset his ruling.

Coal has been discovered near the township of Gisboiiie, Poverty Bay. An eflort w being made to raise funds to build a church at Taupiu. We trust that nil will contribute according to their means ; the population in the immediate neighbouihood of the proposed site is as yet small, but is likely to rapidly increase. A cncket match has been played at Sandhurst by twenty-two kdits. The funds that accrued from the charge for idinission to the ground were applied to the hospital and asylum. A mmour has been in circulation for the last day or two that an assistant to a surveyor who was working at Aroha had disappeared mysteriously, and was supposed to have beeu murdered by natives. The man's name is Dickson ; a correspondent describes his proceedings since missed from the survey camp aa " loafing at Te Aoo." He has arrived at Cambridge. It is contemplated to form a new rifle corps nfc AVest Hamilton. A meeting was held on Thursday last, and Mr. Leary was elected captain, provided the services of the corps are accepted by the Government, and a sufficient number of members can bo induced to enlist. It will be aeon by advertisement that Mr F. A. Whitakor has commenced the practice of his profession in the Waikato. The importance of the distnot is evidently appreciated hy the members of the legal profession. The abovo gentleman makes the fourth, practising in the Waikato. A terrible colliery explosion has taken place at Donistenfelt—sl killed. The following letter in reference to the eclipse of the moon to take place on the Ist May has been addressed to the Cross:— "The following particulars respecting the lunar eclipse, which happens after midnight on- the Ist of May (and which will be visible in Auckland), will, no doubt, be | interesting to many of your renders. The times given below are for New Zealand. Statute time :—First: — First contact with the penumbra, 12h 38m a.m. First contact witli tho earth's shadow, lh 55m a.m. Middle of the eclipse takes place at 3h 33m a.m. Last contact with the earth's shadow, oh llm am. Last contact with the penumbra, 6h 27m a.m. At the first contact with the earth's shadow sho will be in the zenith at the southern- part of Now Guinea. At the middle of Hie eclipse she will be in the same position to the south of Borneo in the Java Sea, and at her last contact with- the shadow her zenith will fnll over a place near Coco's Island in the Indian Ocenn. At the middle of eclipse, more than three quarters of the moon will be in tho earth's shadow, magnitude of eclipse being (moon's diameter —1) 0 826. The first contact with the shadow occurs at 81degs. from the northernmost point of the moon's limb, towards the east. The last contact at 33degs towards the west, in each case for direct image. — S. J. Lambebt, F.R.A.Si Newton Observatory, April, 1874." There is a curious legal complication says the Herald likely to arise, unless dealt with by the General Assembly. Tho powerful Arawa tribe'of natives were enlisted by the Government as a protection for their particular districts. They were to serve for three years, and at the expiration of their service to be each entitled to a certain quantity of land. They formed a part, and a very effective part of the 'Native Contingent.' It appears that the term of service has expired, and the Arawns have not received their grants of land. The natives, however, have a 'very native' way of getting over difficulties. A grenfc number of them took pieces of land equivalent to what they » ere entitled to. They rejrnrdpd t heir right a* tiood, according to native logic, llaving found then 1 »var to this solution of the question, t'aev proceeded to sell. Many Europoane bwe bought some of these lands. Of course the Government will not ratify this proceeding upon the part of the Vrawas, und unless some basis of equity miv be found, the nakehns will lose their moin>y and land. This has happened before; but wo do think that the proper settlement of such difficulties is not by sacrificing the pakehn, but adjusting the matter according to well-known principles of right and justice. The Rev Father Norn«, who recently succeeded to the Jtov Father Nivard as clersryinnn to the Roman Catholic Church at, the Thames died from brnin fever at the Whau on Friday evening the 24th inst. During Easter week the deceased became indisposed, and could not be induced to relax from the severe discipline he had entered upon ; his illness assumed a more nerions aspect, and eventually his mind became more deranged. It was considered 1 desirable to remove him, and this was done, but ho was attacked with brain fever, which terminated fatally. His loss will be felt and his mouiory cherished By many who have witnessed his assiduous labors and heard his earnest pleadings for the good of those to whom he mini«tered, not only in this province but in other parts of New Zealand. Father Norris was ordained to the priesthood in Auckland, and was for some timo in chargo of a large district on the Ea*fc Coast, residing at Opotiki, in which placo he was universally esteemed by Europeans and natives. He was then removed to Dunedin, where he remained some time r and on bhe arrival of Bishop Croke returned to this province, and subsequently succeeded Father Nivard at the Thames. It is hardly necessary that we should say anything to call to remembrance th» lifo and teachings of tho departed clergyman, as his exemplary conduct and wholesome precepts must have imprinted themselves indelibly upon the minds of those with whom he came in contact. The body of the deceased was removed to Sb Patrick's Cathedral on Saturday morning. On Sunday morning, the Rev Father Londergan celebrated solemn high requiem mass, and in the afternoon the funeral sermon was delivered by the Vicar-General, the RevFabher Fynes, Tho oration was of a most impressive character, and many were moved to tears by it. The funeral cortege left the cathedral at 4-15 p^n. It was headed by the sanctuary boys with tho cross and censor. The children of tho various Roman Catholic schools— about 300 in number— followed. Next in order came the members of the Christian Doctrine and Catholic Institute Societies — about 150 — thw members of the Auckland and Thames branches of the Hibernian Society, numbering about 160; After these came the procession of priests — the Rev Fathers Fynes (Vicar-General), McDonald, OHara, Boibieux, O'Reilly, Golden, Golden, Londergan, and Mahoney — who chanted the funeral psalms. These imimmediately preceded tho hearse and mourners and tho followers, the latter numbering upwards of 1600; amongst whom we noticed his His Honor the Superintendent, andmany other of leading citzens, although not members of the deceased's church. The funeral ceremonies were conducted by the Rev Father Fynes, arid the remains of the deceased committed to their last rerting-pkeo amidst many signs of grief, manifested by those who felt most keenly the loss they sustained in the.sudden death of one whose life had been devoted zealously in the service of the Church. The funeral was more numorously attended than any previous one in Auckland, and ranks amongst the largest in the colony. Of the number present many had come from the Thames and outlying districts to pay a last tribute of reepect to tho deceased clergyman. — Herald.