Waikato Times AND THAMES VALLEY GAZETTE.

Waikato Times, Volume XVI, Issue 1387, 24 May 1881, Page 2

W aikato Times AND THAMES VALLEY GAZETTE.

Equal .md exact justice to .ill men, Of whatever btate or persuasion, religious or political. Here sh.ill liie Press the People's right maintain Un.iwcd by influence .md unbribcd by tf.un.

TUESDAY, MAY 24, 1881.

We are loth to depart from our usual observance of abstaining from comment upon, or even alluding to, law court proceedings sub judice. Circumstances, however, have transpired to render the observance, honored in the breach, if not, impossible, unless, indeed, it be contended that legal laches are to be tolerated without remonstrance. In explanation, we have to state that certain suits now before the local Courts are in danger of being hung up, like unto the coffin of the prophet, in perpetual suspense, despite the fact that they are under the operations of a Court exercising summary jurisdiction. We will first of all mention the case of Edgar v. Montrose — a small debt action, or wages claim, instituted in the Resident Magistrate's Court at Cambridge. The case is of trifling monetary import, plaintiff being a mere lad and solely dependent upon his earnings. Thus much has been elicited, but the information does not appear to have weighed for much with the Bench, despite the fact that the Bench is* clothed with the more generous powers of a Judge in equity and good conscience. We have no right, however, to complain of the treatment given to the case on that score. It rests with ll is Worship to say whether he will adjudicate upon cases in accordance witli law or equity, and no one has the right of challenge, so long, indeed, as either of these branches of procedure is observed. What we have to complain of ia that while he has elected to apply the cast-iron rule of law he has done so in a manner calculated to delay, if not impair, the ends of justice. The case first came on six or seven weeks ago ; and week after week defendant has been permitted to hang it up with the utmost impunity, without even being called upon to state the groundwork of his defence. All he has been required to do is to allege in a kind of off-handed way that he had a defence, and that he desired to bring evidence from a distance in support thereof, and upon that vague and inde-' finite asseveration he has been allowed postponement after postponement until there is only too much reason to suppose he has now succeeded in starving his opponent out of Court. Such a proceeding in other respects is very like angling for a defence on the plea of " fishing up" evidence, a procedure, we ventui'e to suggest, no Magistrate is justified in allowing. The great objection to the proceeding, however, is that the Magistrate has in a manner transferred his functions to the defendant. It is not for the defendant to judge whether evidence involving such extraordinary delays as those complained of is or is nofc indispensable. It is the Magistrate who has got to judge of that fact, and yet down to the present time lie has never asked the nature t &i the > defence; consequently, 'ii must, follow he is altogether ignorant as to what evidence is or is nob required. Of cour,so f the parties have a right tp^ter^der wha^ever^eyidencei they im&y, . t&infe «,prppejr, ibut" when ' the; getting of. that,* fiSvi-, deuce, as ia this 4 case, entails' a

inartf^ebt hlfciship npotX'Qn&M other of the parties to the suit", it is for j the Judge to satisfy himself by j .C-irqful, inquiry ;that the evidence j •spufjfht jfor is ; alKsqfutgly ifeqessary/ "and that due diligence has been exercised in getting up,, such evidence. Neither of these common sense rules has '.been attended! to. The delay has be*n assented to on a mere ex partp. stiteu^nt, not even given on oath, and a renewed postpone^ nient granted in the face of ' the fact that due diligence had not been taken in getting the evidence asksd for. In fact we can come to no other conclusion; thaii that the magistrate has good-naturedly irelegated one of his more important functions to the defendant, forgetful altogether that in so doing he has prejudiced the interests of the plainiiff. Before granting, a single adjournment, it was his bounden duty to have had a full and explicit statement of %\xq defence, and then to have judged how far the justice of the case demands the evidence involving delay. Then again, we have the want of due diligence in. carrying out the order of Court for getting the evidence. Thirteen days were allowed to elapse before a single step was taken in the matter. In other words, it was not until the evening of the day preceding the sitting of the Court to which the first adjournment was granted, that anything was done to afford the slightest pretext for going into Court and asking the second adjournment. We are literally astonished this aspect of the affair did not strike the magistrate, and we frankly confess we are at a loss to account for the seeming obtuseness thereby displayed. If Mr Northcroft is right in allowing vexatious delays on an ex parte statement, and without troubling himself to enquire into the merits, then the sooner such a rule is altered the better, and the magistrates made to exercise stricter surveillance than seems at present to be required. It is nothing short of a grave public scandal, to say that a man can employ labor or incur debt in any shape, and then hang up payment indefinitely on the plea that some real or imaginary witness situated at a remote distance, can throw light on the subject. Legislation of that kind may suit the parliament of Thugs, but it will never do for the Legislature of a country professing principles of commercial morality. If, on the other hand, this be not a rule of law, and we do not believe it is, then the sooner Mr Northcroft has the fact brought forcibly home to his notice, the better. We mentioned at the outset we had two cases in view. The other is one which attracted notice a few months ago, viz., McTavish v. Ivess. It is a kind of twin-brother of the Edgar affair. At all events, they originate out of the same " concern,'*' and both made their appearance in Court as wages claims. After a good deal of hard fighting McTavish got a verdict, and no one who studied the facts of the case can doubt but that he was entitled to it. Instead of paying the money, however, the defendant on some pretext or another, elected to appeal to the Supreme Court, and although some months have elapsed, the case has never been heard of under the appeal, and in the meantime McTavish has filed his schedule. Now this is simply absurd. A question of wages, brought to a verdict by dint of hard fighting before an impartial judge hung up month after month is a positive absurdity. We do hope the Judicial Commission now sitting will take cognizance of such anomalies. It is nonsense to think that the legislature ever intended claims for wages should be defeated or, at all events postponed, in that way. It is a positive hardship aggravated by the fact that it is inflicted upon a class of the community to whom the Legislature very properly intended that more than ordinary solicitude and protection should be extended.

In another column in this issue it will be seen that the Government are in earnest about the prosecution of the Thames "Valley Railway, as far as Morrinsville at all events. It isnot to be expected thatthe,terniinus ( will long be permitted to remain at the Piako township, but even this first stage of the line will be an incalculable benefit to the settlers 'in , that locality, and must tend to the , better and fuller settlement of the excellent lands thereabout. • Few country districts in New Zealand have been placed at a greater disadvantage in the matter of communication*' than the settlers of tne upper Piako and Waitoa country. Depending chiefly for their supplies upon roads, which in summer! are bad enough and in winter simply impassable, or upon rivers to which the same description might be applied, first transposing the, order of the seasons, settlement has been attended with peculiar hardship, and 1 the wonder is not thai the/ lahd, still remains, in so few, hands* jbiiV that those who have it should have made' such real progress as is now visible. Even^theindiffereiit rbads; which' they, now. possess , ar.e the; growth of a very few years. But a ( good time is coming, and jus't< wheta. there,, is , addjtjonal, need for f ! its" advent, Th' e^'ohaJßlock 1 .difficulty has beensettled at'length,iatid'inr,ar very stiorMi'fo^the 'Grant knd FosfterJ settlers will'^ka :#fc M'\occ\ii>f $heir land, and .to thenj and other purchasers of ] '4and Jday?the same use, bringing them -in more direct

communicatm^'^ith s A^jpk'knd and Waifcato markets. 'Jhe tenders now invited are, it will be seen, only for the completion of the fjprmationv^ivb^tjh^e can'|t?e little that'Uy tWtimeMdia*brtdge is erected at Hamilto.n, the permarjei^ way will be laid down also, and the opening of • the bpdge yill probably mean l!he running of the first train 16 Mbrrinsville. Tenders are al^o invited fo,r ;the formation of about tliree miles" of ihe line at- the Thames end, which when opened will, it is thought, 'prove of much assistance to the residents of that place.

To-day being the anniversary 5 of Her Majesty's birth, will be observed in the Government oliices, the Banks, and Government and private schools as a holiday. Sunday hours will be observed in the Telegraph Office, and all mails usually made up \#ll .close at 8 a.m.

Mr Joseph Ivess, -proprietor of the Waikato Mail, advertises the paper for sale or lease. " '

A Bachelors' Ball in honor of the Quean's Birthday comes oiTu,t Cambridge to-night, and promises to be very successful.

_ An Amateur Dramatic Club is likely to be organised in Ngariuwahia.

It is understood that another effort will shortly be made to raise a Volunteer Rifle Company in Hamilton.

Miss E, Wily; has been appointed assistant teacher to the Hamilton West Public School, vice MiS3 Williams, resigned.

We learn that Messrs. John Knox and Kidler have purchased the JBxcelmor Flour Mills, Oh^upo Road aud will, immediately commence operatious.

His Worship the Mayor of Hamilton has giveu notice that he will move at the next sitting of the Council, 1 ' That Bye-law No. 4 be suspended until further notice."

A public meeting of the inhabitants of Kihikihi and its vicinity was held in the Kihikihi Hotel on Saturday evening last, Major Jackson presiding, when it was unanimously, /resolved on the formation of a Joint Stock Company for the erection of a public hall.

On Holy Thursday Divine Service will be Ijeld in S. 'Petpr's, Hamilton, as follows : Prayers and celebration of the Holy Euchanst^at 11 a.m. Even song at 7 o'clock, after, which a choir practice will take place.

Messrs. Hunter and Nolan will in future hold iortnigbtly .sales, of cattle, sheep, &c, at their Cambridge Yards, mfltead of monthly as heretofore. The sales will now be held every second and fourth Thursday in each month.

Wo are requested to state that a subscription list, on behalf of Mr Porket and his family, who were burnt out at Ohaupo on Thursday, as chronicled in our columns of Saturday, is lying at Mr Delauey's Ohaupo Aotel. Mr Delahey has very kindly consented to receive any sums forwarded to him.

Mr G-wynneth, O.E. and staff left yesterday lor the Rotorua district, for the purpose of surveying a large block o<" land, about 200,000 aces for the natives, with a view we presume to opening it up for settlement.

Mr Roche, one of the Grant and Foster settlers, paid a visit to the Aroha a few days a%o, and appears to be highly satisfied with his selection. He will immediately erect a temporary dwelling on the property and may be expected to remove thither in about five weeks time. He will quickly be followed by others.

Mr Evans, organist at Trinity Presbyterian Chtirch, Cambridge, was presented on Friday evening with an address and a purse of sovereigns, in recognition of the interest he lias taken j in the psalmody and other concerns of the Churoh. The presentation was made on behalf of the congregation at Mr Kvana' residence, by Messrs J. P. Thompson and Robert Fisher.

Messrs Coates, contractor for No. 2, and Livingstone, contractor for No. 4 of the Waitoa drainage works, contemplate commencing work at the end of this week or the beginning of next, and will require a large staff of men. There is a prospect of plenty of work for the next six months.

At the bridge, over the drain at the Muniaka, on the Piako road, there is a dangerous hole, and the travelling public should exercise care in crossing the bridge until the Road Board, whose immediate 'attention is 'required, have effected the necessary repairs.

The "Bay, of Plenty Times" says : — The A.C. ia this district, and we , believe in other districts as well, are to \ be supplied with new short carbines, those that they now have being too long for bush work. Some people consider this as 'indicating that the A.Q^tnay shortly be required for active service.

The new toll-house at the Hamilton bridge is now finished and presents a very neat appearance. It will be a greafc^ boon to the toll-keeper who haa since his' appointment up to the present been obliged, to live apart from hia family, his duties requiring his constant attendance at the bridge.

It is understood that a Commission of Enquiry has been appointed in regard to the working of tbe Stamp Dopartment. with the view to ascertaining I 'what steps Should bo' taken' to ensure better protection against! fraud,! &c. ' The Comt missioners are said to be Messrs. J. X, Fitzgerald, OocdptrollerGener<il, Chairman ; District Judge Shaw ; R. ,0. Hamertpn,,Secretary for S,tamp? ; and G-. !6., Davy^Regiatrar of Deedls., i ' „

I The Waikato Calico Ball, in oelebratiomof the Birthday of Her Majesty, 'will take ■ place at , the < Oddfellows' Hull, • Hamilton' East, this ■ evening.' ■• (The stewards, have; been* at- some pains ( to secure>ihat the 'enjoyment of the company shall be as complete as possible ; the hall has been nicely, though not floridly decorated with bunting, &c, and the floor 'has been i brought' iftto 'excellent order. The music comes from Auckland, and from the,kiftx.wnrability of,, the performers, promises ; tq,i be exceptionally gopd. , Nothing, indeed, seems wanting but 'fine Weather, and' that there is every' prpspect of obtaiijin'g, ' Vfe are r^qrieated' to intimate that ladies' and are' to ( write 'the name of the personages, wftose, c'6Stumes they assume on!,ibhe' reverse side of their tickets.

i At the E.^ Court, Cambridge, on, Frid^yjast, l a,case of some importance to .employera' and emplpyed game, on n for ' hearing.; ; , . Mr Frank Billing) su^d^r ,R. 'H.,iD, l >J!wgijpson, l of Qartoq, % , Mu^Bptle ftppew?d' fop t p^i^ff,, apd.Mp , Dyjeir^aQJbing.for Mr.MpjGrr^cj^pH^y) for , def feridjiiit. „■ Plain tiff's, evidence | yvaa, to, theleflfpcfcfthat;l»e,had .bjeen^pgaged as, , stoe|ini»n ' by ittie defendaqt, -prhp, tl *fter, , Ending fault with bis ,inwgsmept pf, theca.l*l^-diB^ens6di\v!ltH'bi*i>?ptvig§,B,{/re' , questing him to mtu^r. the cattle before -Gorton on h^lf-4-dozeniOpca^jqns,f]but was ! bis o\fn :buBines^fi^|ffioin away,. He ■fras compelled ito;^ipftpd'^rk undone.^ had^ ai»pl^M»qpiiop9B||^o -jJayister th6'^ |,<4ttle <i#^;tl|a^; the J

j!3,ii , — . J i >\ ty r^ 7 — 7^ —^ t^hln\, "ft^t n r egle{ct^r to-" avail himself of 'them. 'His Worship, after hearing a large amount of evidence, reserved judgment till next Court day.

following qttoasp , frpm<, a Q(>fciivvaU^).iser will jn'obftblv^hE ijitHresfciu»r tn^Kome^of oui xvu'd&iw JWiea Paiso^e, ji ( "nrnishman, heut Rod Mclime«, tho CilH'orniatt ohumpinn wrpstler, l'l^t month" at Brodie, and thp Free.l'rcsp of that town tb",'; woithy core, of Corn \v til V vvoii' about 2,000 dol ars over the match, and in *he evening held r jubilee. Mclnnes «as pngse^ eil of unii^u il "-trenuth nnd threw P<i-coe 'the fii-<t full, but the Cornialiman's sctpn<-e stood him iv p-ood stead, eventn-illy, for tirinar out the Califorßian, he thiew him two splendid bucks by the "grape-vine hitch.' 1 At fir-.t the betting was four to one on Mclnnes.

The Auckland correspondent of the Thames Star referring to the recent appointment 1 * of Messrs Brookfield and Williams to Native Land Judgeships, writes: — " Here we have a M : mstry in power who profe.is that their leading policy is letrenchinent, and yet we find that month after mouth, week after week, and, I may say, day after day, we hear of nothing but political supporters being foisted upon the. community as Judges, Inspectors, Commissioners, and what not, with good fat salaries and allowances, whilst the unfortunate officials — aye' even messengers, telegraph boys, &0., have to put tip with a ten per cent, reduction from an already too meagre salary. I saw by a telegram the other d.ty that the elevation of Mr Williams gave great satisfaction at the Bay ot Islands. That I do not Wonder at tor if one's sisters, cousin-", and, aunts would not congratulate their kinsman, I wonder who would. Be it understood that the families to which the new judge belongs are reckoned the crone dc 1% creme of Russell society, and h.ive lived there from time immeinoiial, and what with marriages and intermarriages, I suppose if all who claim relationship by blood or marriasre wero to leave, the balance would not take long to count.

Mr. J. 0. Firth sands the following to our Auckland morning contemporary :—"ln: — "In Memory uf the Dead. — Sir, — From my papers, written soim years ago, relative to the excursions I mada to despatch and locate salmon ova in various parts of this colony, I send you the following extract regarding the Ute Captain Garranl, entitled, ' Chirac - teristics of English Sailors ' : — ' Nothing pleased me more than the hearfcy way in which thoso good fellows helped me. By sea or land, it was always the same. Chief Officer Garrard, of the steamers Wanaka and Taupo, is a ftir example This splendid specimen of the English sailor — those lithe, active, courteous, noble young gallants who are cariyiug the fli<j of Englagd across eveiy sea — gave abundant promise that if ever the necessity arises, in war as in peace, England may safely depend, as of yore, on her brave toilers on the sea.' Poor G-arrard ! He is gone, but he died at his post, like the brave sailor he was sticking to his ship to the last, resolved, if he could not save the liros of the helpless women and children under his charge, that he would not save his own."

For some time past the Wellington police have token acrive stops with a view to the identification of the two men — Fiederick Seymour, alt asWilham Smith, and J.imes Grant, alias T. Hamett — who committed several highway robberies in in the neighbourhood of Edinburgh. Seymour shot himself dead before being arrested, but Grant was captured. It was then understood that both men had come from New Zealand, aud photos, of thdse desperadoes were sent here to be idpntified. The police have been successful in their efforts as to the identification, one of the men being recognised as that of the third officer of the barque Fernglen, which was here in 1879, and the other to be seaman of the same vessel.

The following which we take from a Southern journal, suits very well into these parts :—"lf: — "If I were compelled to choose between becoming an editor or a bailiff or suffering annihilation, I think I should go in for the sudden death clause. I am told that the average editor has more enemies than any other professional man on the face of the earth, And, strange to say, the more talented he is, the more his enemies advertise him and bring him into prominence There surely must be something in a man who is well abused. lam further assured that a journalist cau never hope tp attain to positive eminence unless he, carries about with him a fist as big as a shoulder of mutton. He must be proficient in the pugilistic art, and prepared at, all times to defeud his honor and. his nose both with hi' fist and his quill. There dosen't seem to be much of the poetry of life about all thi*, and fate is hard upon the maa consigned to editorial doom. Don't be editors, dear boys ; life is too short. About those bailiffs I haven't much to say. You may see one or two of them .every day about the Resident Magistrate's Court, with an eye in a t*ljng, and presenting as battered an appearance as though they had just come off a battlefield. However, of the two, I should prefer to be a baliff ; but my tip is for the death racket."

Apropos of the census in India, the D'arjeeluiff Niewt> of February 2lst fays :—: — 1 ' There was regular stampede amongst the Nepaulese coolie 3 in this district on the night of the 17th February. There is hardiy a 'garden which has not lost numbers the labourers employed, and something like 2000 coolie 3 bolted from the Tecata road works. A sort of unreasoning and unreasonable panic seized the people ; they had a vague apprehension of some impending and inevitable calamity befalling them if they remained in their houses oh the nteht of the final census being" taken, and they deserted their houses in crowds, preferring to pass the nirfht in the jungle to remaining in theji\ houses. f One very prevalent notion' amongst the 'Nepaulese was that a child would be taken , from each house by order of the 'Government 1 , and thai the children's heads were to be cut off, and placed ' under: the foundations of the Teest& bridge. Another notion was that a child from each house was to be put on the tram for the engine 1 to run over, 1 and another prevalent idea was that a man from each house yas to have his .Tight arm cut off. The panic has 'not entirely subsided, though the peaple are returning to their nouses.

The followiuganecdote of Mr Gladstone's nowjprinted,, for the first, time;—;e ;— ; "This great statesman had delivered an important speech in London, and in a re • port of the same in the Moining Chronicle, a wrong .word, t was printed—pnly one— but which gave a contrary significance to what the speaker intended. The error was passed )>y the reader, 3?he proprietor was" angry, and the jnistake was traced to a young compositor in the establishment, who, was jOrdered either to quit his p'osifr'on ,' on the paper or take an apology to Mr Gladstone - aud wait for a, reply., The' young ri»ant'reri»ulouBly preferred the latiter course, and went to'Qarltdn Terrace with a letter I . '' He knooke^, and on hearing footsteps approaching, 'thought he should have dropped at the Premier's feet. He tfaveiri the letter, afnd presently was Juked tp walk in aud^apeSk-rfojsrfhi&self. Mr (Gladstone lodged' at him. father 'sternlj , and asked him how he came to make sach a terplj>le blunder. .Theahawer was^ waB^eryila^^andil!WaB BO^sleepy,thatfl oo^ld»|barcjßlytlKeep;niy 'eyes-bpen.V.'. Mr Gladstone, handing hinif a* haiE-Bd<Breign,' Replied, '^You, Bhould^'al\vay^ boep' your Byes open !#B4n\y6a have'Jßipoifcdhtf busioess to rkv£Qvm,"k<< " > „J ?:- J ;";' ,<? yJ ~-, ',