SHIPPING.

STEAMERS LEAVE LYTTELTON AS UNDER.

Foe Wellington— Each Tuesday, Thurs day, and Saturday. Foe Napier and East Coast—Every Thursday. Foe Picton and Nelson —Each Tuesday and Saturday. Foe Taranaki and Manukau—Every Tuesday. For Poet Chalmers —Each Tuesday and Thursday. Foe Melbourne via Bluff —Every Tues day. Foe Hobart Town —Each alternate Tues day. Foe Sydney —Each alternate Thursday.

MAIL NOTICES.

The next mail for the United Kingdom via San Francisco will be closed at Christ church on April 24, and will be due in London on June 8.

The Ashburton Guardian, COUNTY AGRICULTURAL & SPORTING RECORDER THURSDAY, APRIL 7, 1880.

- Pay Up.—The Borough Council notifies its intention of suing for all rates unpaid after the Ist May. Held Over.—Two Road Board reports, our leading article, and some local matter have been held over.

The Grain at Lyttelton.—During Friday, Saturday, and Monday, 46,000 facts of grain were carried to Christchurch and the port.

Civil Service Commission. —Owing to the amount of work that still lies before the Civil Service Commission, the mem bers are not expected to come as far south as Ashburton until early next week. Sporting.—At the request of several gentlemen interested in sporting matters, Mr. James Wilkie has called a meeting for Saturday night, at Quill's Hotel, to consider the question of holding the usual Ashburton Steeplechases.

A Much Needed Improvement —The bridge over the Wakanui Creek near Hay Smith’s gate is about to undergo a process of renovation, and not before it was (panted, as the wheels of heavily loaded ilrays and wagons have testified of late.

Lecture. —A lecture was delivered last evening in the Templar Hall by the Rev. W. Keall on the “Trial of Ardent Spirits,” to a fair audience. The lecture w'as listened to attentively throughout, and at the conclusion a hearty vote of thanks was accorded to the rev. gentleman.

Celestial Traders. —We notice that John Chinaman, with his alrnond-eye turned to business, is at present engaged in extensive operations in the iron trade in Ashburton. The various blacksmiths in the township are selling all their old horse shoes to John, whobnys them at about LI a ton, bags them up, and sends them o China.

Entertainment. —There will be given, at an early date, an entertainment in con nection with one of onr local churches, which we should imagine will be both novel and interesting. The whole of the details are not yet matured, but we are informed that dissolving views, accom named by a destriptive lecture, with vocal and instrumental music, will form the major part of the programme. Horticultural Society. —A meeting of the Horticultural- Society was” held at Mr. Anstcc’son Tuesday night, when about a dozen members attended. An excellent paper on the culture of grapes in this dis trict was road by Mr. J. Sealy. It con tained information of the practical and useful character that was to be expected

from a professional gardener of Mr. Sealy’s standing, and elicited some dis cussion. After Mr. Sealy had been thanked for his paper, it was announced that the one to be read at next meeting would be the production of Mr. Mayo._ Serve Him Eight. —Mr John Coch rane, known among his neighbors on the Wakanui Creek to be a farmer who treats his land with a view to making it a home

for himself, and to crop it in such a way that the stamina of the land will not be exhausted in a couple of seasons—has met with his due reward. His record from the threshing machine shows that by working h— land properly, and keeping it in "ood heart, he excels any other return yet°recorded. His wheat has turned out 52 and 60 bushels per acre respectively for K . two paddocks. His barley, which by the way, showed the largest return in the agricultural statistics last year, is on this occasion 70 bushels per aci e, and his oats 'on the average about 70. We hope that our readers who wish tb w< rk their farms in a prac’ c\l manm p will take a few lessons from Mr. John Cochrane, and next year vfe may have to record a large num ber of\instances in which the work done will < B keiye.them right.”

Mount Somers Railway.’ —The Mount Somers line will be open for traffic to-day. The Hospital. —Over seventy applica tions for the positions of master and matron of the hospital have been received by the County Council, but consideration was deferred till the arrival of either Mr. Saunders or Mr. Wright, who, together with the Chairman, formed the Hospital Committee. The absence of both gentle men on Commission business left the Committee without a quorum, and Mr. Coster was added to its membership, so that the arrival of Mr. Saunders, with the Civil Service Commission, will enable the appointment to bo made. Masonic Hall. —This fine building has now been completed, and has been taken over by the Committee of the craft from the builder, Sir. George Parkin. In a former issue we noticed the plans of the hall in accordance with which the build ing has been erected. Mr. Parkin has faithfully fulfilled his duty, with the result that the Lodges meeting in it in future will have as comfortable and secure a home as any Masonic Lodge ever pos sessed. The building will be consecrated with an imposing ceremony on the IGth, and a ball will be held in the evening. K' v ‘

Plain Figures. —At the Agricultural and Pastoral Association Committee meet ing on Tuesday, Mr. W. Silcock moved, with the object of promoting honest deal ing, that the Association should pledge itself to support only such tradesmen as marked their goods in plain figures. The motion was not accepted for the reason that the Society could not control its individual members in the direction the mover indicated. But doubtless the hint will be useful to dealers, as a man is always best satisfied with article on which the price is marked in such characters as he can understand.

Ashburton Fire Brigade. —The usual monthly meeting of the Fire Brigade was held on Tuesday, when about a dozen mem bers were present. Captain Wilkie said the state of the finance was as follows ; Cash in bank, L 9 2s. Gd.; County Coun cil grant, LSO ; Borough Council grant, L 25; total, LB4 2s. Gd. Balance due Burt and Co., for fire-bell, Ll 7 12s. 4d., thus leaving the amount of LG7 10s. 2d. at the disposal of the Brigade for uniforms, or any other purpose they might agree to expend it on. It was resolved that Burt and Co.’s balance be paid, and several other small accounts were passed. After considerable discussion as to the best method of expending the balance of funds, it was resolved that an order should be sent to Shand, Mason, and Co. for 25 helmets, 1 dozen keys, and a control ling nozzle, and that belts for the brigade be made by some local tradesman. One new member was proposed and one re signed. A Narrow Squeak. —Regarding the break-down of the case against Skedge well, the man who had a very fair show of being sent to prison for an alleged criminal assault on a woman at the. Wheatsheaf Hotel, the “ Times” says ; “ The woman who was the chief witness for the prosecution gave her evidence most clearly and circumstantially, and, though severely cross-examined by the prisoner, did not vary from her previous statements, or make any damaging ad missions. The Judge had summed up and remitted the case to the jury for their verdict, when he noticed that the jury were more than usually animated in their discussion. His Honor asked if any of the jury knew more of the case than the evidence had disclosed. One of the j ury men said he did, and upon being sworn proved that the female witness re ferred to had perjured herself in one of her replies to the prisoner. This led to further enquiries by his Honor, the result of which was that a constable proved two other denials of the woman to be equally untrue. Under these circum stances the Crown Prosecutor declined to ask the jury for a verdict.”

Oats. —It reported recently that 80,000 bushels had been sold at Waimate for Bid. per bushel. This is now denied. 11,000 bushels were sold a few days ago at Is. 3d.

Proposed Division op the Longbeach Road District. —A meeting of ratepayers in the Tinwald-Winslow district is called by Mr. J. R. C. Graham for Monday, the 10th, in Scott’s Hotel, Tinwald, to con sider a petition to the County Council re questing separation from the Longbeach district.

Fire Brigades on Strike. —At a meet ing of the Wellington Fire Brigades re lative to the stoppage of the Corporation and Insutance Companies’ subsidies, it was resolved that unless a satisfactory ar rangement be come to the eng no-stations be locked up after noon on April 12, and the members requested not to turn out. Gored to Death. —ln Auckland on Tuesday a man named William Streeter, a bullock-driver, was gored by a bullock which he was driving with a dog. The latter bit the bullock in the heel, and the animal turned suddenly and gored the man in the abdomen. He was removed to the hospital, where he died. Streeter was well known in the south.

The Wallacetown Shooting Case.— It will be remembered that some time ago, a boy named Curtis was shot at the Wallacetown (Southland) railway station, and that the principal witness at the in quest was a lad named Cox. The boy Cox lias now been brought up by the police charged with Robert Curtis’ murder, and has been remanded. Resurgam.—The plant of the “ Waka Maori ” has been purchased by Mr. Wobbe. Under his editorship the “Poverty Bay Herald,” which ceased publication during the past few months, will shortly be reissued. A large number of persons voluntarily came forward to assist iu resuscitating the “ Herald.” Black Legs Let In.—At New Ply mouth, Thomas Tait and Fred Earmbsi two men who frequent racecourses with a wheel-of-fortuue, were brought up before the Magistrate, and charged with having maliciously killed four canaries, the pro perty of Joseph Freeman. After hearing the evidence, which was entirely circum stantial, the prisoners were sentenced to six months’ imprisonment with hard labor.

Yankee Grab. —Yankee Grab is to be abolished in California. Tyler lias intro duced in the Assembly a bill which pro vides for the punishment of any saloon keeper, or proprietor of any other place where liquor is sold at retail, who shall allow any game of cards, dice, bagatelle, or other game cf chance to be played for the purpose of determining who shall pay for or who shall not pay for the drinks, and to punish any persons who shall engage in such games for such purpose. Up a Tree.— -The “Manawatu Times" of the 24th inst., spins the following yarn: chanre of Mr. Scott, of the firm of Palmer son and Scott, lately enjoyed the position in all its stern reality, and what is more, the experiences were gained during the floods of the past week. The party were camped down by the side of a large swamp, when the floods suddenly came upon them, but fortunately the old Indian experiences of the leader stood good to them in the time of their need. They first hauled up into the limbs of a tree some planking which had been lying about, next a camp oven, and having erected a kind of staging, there they ate, slept, and cooked for nearly fifty hours, the quartette slumber ing a la sardines, on account of the pres sure on their space, and for warmth and 1, comfort. After their lengthy and en forced captivity, when the water subsided, they again reached terra firma, not much the worse for their serial experiences.”

ASHBURTON AGRICULTURAL AND PASTORAL ASSOCIATION.

The general committee of the A. and P. Association met on Tuesday afternoon at 3 o’clock at the Somerset Hotel. The business was to draw up a report for the Annual General Meeting, and for general business. Present—Messrs. F. Guinness (chairman), J. Carter, J. Hunt, D. Wilson, H. J. Weeks, W. J. Silcock, W. H. Zouch, and G. Jameson (secretary). The minutes of previous meeting having been road and confirmed, the correspon dence from Dr. Irving relative to his lecture on bees, which he has kindly con sented to deliver in the Town Hall on Tuesday next, was read. Mr. G undry proposed, and Mr. Carter seconded —“ That the thanks of the Asso ciation be accorded to Dr. Irving for his promised lecture.” The value of bee keeping on a large scale in the district was strongly commended by several gen tlemen.

The committee appointed to get a de vice for a seal had not brought up their report, and it was agreed that Mr. Zouch should submit some devices for considera tion at the next meeting. Messrs J. Carter, 0. P. Cox, and W. H. Zouch, were appointed a sub-committe to draw up a report for the annual general meeting. The Secretary informed the meeting that “ Gazettes ” had been received with notifications re property vested in the Association as an incorporate body, viz. : Reserve of 20 acres near Saunders Bros. ’ mill, and 25 acres at Tinwald.

The question of holding a show for grain, roots, and poultry was considered. It was decided to let it stand over this year, as notice had not been given in time for farmers to reserve samples of grain. It was recommended that timely notice be given next year. Accounts were passed for payment, and the funds to credit showed about sufficient to meet liabilities. Mr. Zouch was ap pointed auditor. Mr. J. Hunt proposed, and Mr. Weeks seconded that the Secretary obtain a legal opinion as to the power of the Association to borrow money for any specific purpose. Carried. Mr. Silcock moved “ That the Secre tar3' compile a specimen copy of an ac credited account sales of a consignment of wheat and wool to London market, so that the members might sec the actual charges to be paid. The copy to be left for re ference.” —Carried.

Several of the mcmbei-s took exception to the limited publicity that had been given to the calling of the last committee meeting which had lapsed, only one gentleman attending. It was pointed out that the advertisement had appeared in one paper only, and it was recom mended to advertise in all three local papers. Mr. Silcock gave notice to move at next meeting—“ That a monthly meeting be held to discuss matters of interest to farmers, giving effect to Rule 15. Also, that in order to prevent the spread of sparrows—clubs be formed throughout the county for their destruction.” Mr. D. Wilson, to move, at next meet ing, that the«shows be held in Ashburton.

The meeting closed with a vote of thanks to the Chairman.

LONGBEACH ROAD BOARD.

Tho usual monthly meeting of the Board was held on Monday, the sth inst. Present—Messrs. Grigg (Chairman), Chapman, and Dawson. Correspondence was received from the Treasury, Wellington, advising that the second moiety of subsidy on rates, L 399 2s. 3d., had been paid. Also from the Bank of New Zealand, Ashburton, ac knowledging receipt of same. Prom Mr. James Studholmo, acknow ledging receipt of Chairman’s letter, to gether with report from Messrs. Wilkie and Cuthbert on the construction and maintenance of the roads at or near Cold stream, and asking that if the district be divided into wards, tho whole of that portion south of the Hinds river should be constituted one ward, or in any case, that the rates paid by Mr. Btudholme, bo spent in a way beneficial to his property. The Board considered that Mr. Studholme’s requests were veryjreasonable, and should be complied with. From the Ashburton Borough Council, asking for payment of an amount of sub sidy said to be due to by this Board. The clerk was instructed to ask for an accurate statement, defining the amount claimed, and to report as to the correct ness or otherwise of tho same.

From Mr. William Manson, asking the Board to make more provision than there is at present for taking away the storm water overflowing out of Ede’s Creek, as his property was much damaged thereby. The surveyor was instructed to inspect the locality and report to next meeting ; it being understood that Mr. Manson will pay half the cost of any work that may be done.

From Messrs. Jones and Bradshaw, of Tinwald, asking that permission bo given them to fill up a hole in the side of the road, close to their store, at the Board’s expense. The surveyor, on being asked, stated that the place was dangerous, and the work was authorised to be done.

The financial report was received and adopted, showing the amount of rates col lected to be as follows :—Of 1878-9, col lected from 31st March, 1879, till the date of division of the district, L3GS 10s.; from then until the 31st March, 1880, Llls 19s. lid. Rates of 1879-80, collected up till the 31st March, 1880, L 1,704165. 4d., so that the subsidy, L2,18G Gs. 3d. can be claimed; and that the debtor balance at the bank was still LI,IBO 4s. 7d. owing to the Board’s share of the LIOO,OOO im pounded land fund not having been yet paid. Accounts amounting to LlO9 9s. 7d. were examined and passed for payment. The Clerk was instructed to write ask ing the Ashburton County Council to pay the Board’s share of the LIOO,OOO, together with interest thereon, with as litle delay as possible, and also to apply to have reserve No. 1442 set apart as a cemetery reserve. The Surveyor was in structed to Call for tenders for flooring and lining the immigration cottages at Waterton, for the sinking and erection of well and pump at the Longbeach immigra tion cottages, and for the removal at per mile of the two immigration cottages near Ashton. The meeting then adjourned.

ASHBURTON WATER SUPPLY.

It will be satisfactory to our readers to notice that the City Fathers have at last resolved upon calling for tenders for a complete and definite scheme for supply ing the township with water for flushing the streets and for fire prevention. On Monday, Mr. Fooks, by the request of the Council, laid before them the plans of a well - developed and cheap means of bringing in a stream from Saunders Bros. ’ mill-raae, which, although not so perfect or of such high pressure as the one de cided upon some eighteen months ago, has the merit of being cheap and to a certain extent effective. Briefly stated, the water supply for the municipality is as follows :—A dam, or weir, will be put across Saunders’ mill-race at the planta tion on Mr. Donald Williamson’s farm, and from that point the water will be led along the gorse fence in an easterly direc tion for about 28 chains, thence along the cross - fence to Winter’s road ; a drain will be cut along that road to con vey the water to the N. W. Town Belt, and then by a pipe led into the Domain, where by a light cutting soiue 20 chains

in length it will be drawn into the dry gully in the Domain nearly opposite the hospital. From that point the old water course will be utilised until the lower end of the Domain is reached, where it is in tended to construct a substantial dam in clay, the surplus stuff on Baring Square on the west side of the railway line being utilised for the purpose; for the' protection of the wall against any possible wash during a nor-wester, a fac ing of boulders will be placed on the upper or west side. The water will then be con veyed in pipes to the post-office corner, which is the highest point in East street, and it can then by gravitation be brought to any portion of the town, at pleasure, through any street to the East Belt. As it is as necessary to get rid of a water supply as to obtain it, provision has been made for cutting an outfall drain along the East Belt, so as to divert surplus and storm water directly to the river. Ten ders are now called for the work, and should the contract fall into good hands, we hope to see a good flow in the water channels within six weeks from this date.

ASHBURTON LIBEL CASE.

The withdrawal of the Ashburton libel case is unquestionably a triumph for the press. While we are glad that a fellow journalist has escaped from the trouble and cost of defending himself in the Supreme Court, and that the result of the" case is almost in harmony with the wish we had already expressed—viz., that the case should end without the necessity of going to Christchurch, we must confess to some little regret that, having gone so far, it should not have been argued out upon its merits. Had the question gone before a jury we should have been able to judge by the decision how far, as a journalist, a man may go in denouncing what he believes to be a wrong without laying himself open to a possible position in the dock as a criminal. But the matter has ended in smoke, and all the fuss in R.M. Court is now of no more value than the fizzle of a schoolboy’s squib. The alleged libeller has been put to trouble and expense that were useless, because, as we have seen, purposeless, and resultless, so far as regards either the clearing of Mr. Crisp’s aspersed character, or any further light thrown on the haziest of all hazy lans, the law of libel. Mr. Crisp has backed out of the case, and as yet we have obtained no reason why he shouldhavedonoso. We aregiven tounder stand that the Crown prosecutor declined to prosecute, we are further informed that this declinature was known to the prose cuting party before the case went to Christchurch at all; and if that be so, then we must set down the whole matter as case of “funk” on the part of Mr. Crisp and his counsel Mr. Joynt. We scarcely think there was any unpre paredness on the part of Mr. Ivess, who now finds himself in the position of having suddenly escaped from an impending troublesome and costly prosecution, while Mr. Crisp still remains uncleared by the Supreme Court of the charge made against him of being an extortioner of money he had no right to claim. It will now be necessary for him to answer the Borough’s question as to why he made those charges of six shillings, when, according to what most of the Councillors believed was the spirit of his contract, the £IOO they owe him was calculated to cover all costs. He refused to explain to the Council, pending the case’s decision by a higher tribunal — having retired from that tribunal’s adjudi cation, the lower tribunal of the Council will now want to know why he made the charges, and who is to make restitution to the parties who had to pay.

A YELLOWBACK NOVEL PRISONER.

At the Supreme Court, Christchurch, on Monday Henry Russell and John Walsh were indicted, the former for having stolen a cheque for Ll 5 from Frederick Redder, and Walsh for receiv ing the same, knowing it to be stolen. The prisoners, who were undefended, pleaded “not guilty. ” Mr. Duncan having led evidence to prove the case, The prisoner Russell handed up a long statement, which created much amuse ment, particularly the allusions to his weakness for the fair sex, and his inter views with the various dramatis personas, which were detailed with peculiar minute ness, in regular yellow covered novel style, allusions to his devotedness to the fair sex being scattered throughout the document. In the course of it he com pared his treatment by Detective Neil in the case to that of Mary Queen of Scots. At the close of the reading of the first instalment, the prisoner handed up a number of sheets, which Mr. Bloxam went on to read. These contained a tirade of abuse of Detective Neil. Like Mr. Silas Wagg, the prisoner dropped into poetry, and proceeded to pour out his abuse on Detective Neil.

His Honor said that the prisoner was taking advantage of his position to abuse Detective Neil ; still, he would not have it said that the prisoner had been deprived of the slightest portion of right to be heard.

The prisoner handed up a number of prose sheets, which Mr. Bloxam proceeded to read. The document, after a romantic description of a night’s repose by the side of the river Avon, where a fearful dream awoke the prisoner, continued for a num ber of pages to abuse Detective Neil. At the conclusion of the document the pri soner once more dropped into poetry of a somewhat peculiar construction, and then went on to describe his peregrinations in search of pretty barmaids. After about three-quarters of an hour of reading, His Honor said that the whole docu ment was a pack of irrelevant, idiotic stuff, and that the prisoner was simply taking advantage of the forms of • law to bring before the jury a document which was simply an insult to the understanding of the whole of the jury. However, if the prisoner desired it to be read he (the Judge) would not stop it. The prisoner having read several more pages of most incoherent rubbish, con cluded by reminding the jury of the re sponsibility they had taken with their oath.

His Honor then summed up, and after remarking that the defence was one of the most extraordinary compounds of imbecil ity, wild rhapsodies, andportionsbordering on blasphemy, he had ever listened to in his life, proceeded to recapitulate the salient features of the case, and concluded by requesting the jury to dismiss from their minds any feeling of indignation which might be aroused by such an extra ordinary farrago of idiotic nonsense as that put forward by Hussell as his de fence, and simply say on the evidence whether they had any doubt that the prisoners were guilty of the offences with which they were charged. The jury, after a short deliberation, re turned a verdict of guilty of larceny from the person against Russell, and of receiv ing against Walsh. Twenty-nine previous convictions against both prisoners were also charged, to which they pleaded guilty. The highest sentence recorded against Russell was six months, ane against Walsh seven years. His Honor said that Russell was simply the most impudent vagabond he had ever met in the course of his forty years’ ex perience of courts of justice. He would be sentenced to ten years’ penal servitude. Walsh, though deserving quite as heavy a sentence, was an old man—seventy-one years of age—and he should not give him a term which would necessitate his passing his last hours in prison. He would be sentenced to penal servitude lor five yeans.

THE DUNEDIN MURDER.

Dunedin, April 6. Butler this morning applied for a change of venue on the ground that the public mind was prejudiced against him. The Judge refused to grant the application, considering that such prejudice did not exist, but granted a postponement of the trial till Thursday week, to enable prisoner to prepare his defence.

ASHBURTON CASES AT THE SUPREME COURT.

Wednesday, April 6. The sitting of the Court was resumed at 10 a.m. HORSE STEALING. James Gardiner was indicted for having stolen three horses, the property of Michael Higgins. The prisoner, who pleaded “ Not Guilty.” was defended by Mr. O'Reilly. Mr. Duncan prosecuted on behalf of the Crown. The evidence was repeated as given in the R.M. Court. Mr. O’Reilly, in cross examining Mr. Crisp, sought to put in the depositions. His Honor obfectod, as they contained inadmissible evidence, the first document was not proved to bo lost. Mr. O'Reilly—l submit, your Honor, it was proved to be lost. His Honor —It is net so in the deposi tions.

M-. O’Reilly—Then the evidence was not taken down.

His Honor—That is an improper obser vation to make.

Mr. O’Reilly—lt is a fact. I simply say that the Magistrate satisfied himself by strictly legal evidence that the document was lost before receiving evidence of it. The evidence now given differs materially as to the loss. lam taken by surprise, and I have a right to observe on it. I shall examine on the depositions as to test the credibility of the witness. His Honor—No doubt you have a right to do that.

Mr. O’Reilly then cross-examined Mr. Crisp as to the evidence in the R.M. Court, when it appeared the first docu ment was a security only, and that Mr. Crisp had no instructions from Gardiner for the absolute receipt. Mr. Branson, the bailiff of the R.M. Court, having given his evidence, Mr. O’Reilly objected to the warrant. It did not follow the judgment, and the judgment already in evidence was clearly bad.

His Honor : On what grounds 1 Mr. O’Reilly : Under section 58 of the R.M. Act, 1867, an order for the return of a specific chattel can only be made when the action is brought in detinue. A claim for damages may be added. This was for damages only. His Honor then inspected the plaint book and warrant, and said it was clearly bad, the magistrate had no jurisdiction ; but he did not see how this affected the case.

Mr. O’Reilly ; Clearly, your Honor, no possession has been proved in Higgins. His Honor : Mr. Crown Prosecutor, there is clearly a question of law here. Mr. Duncan : Yes, your Honor. His Honor: Mr. O’Reilly, you can raise your point by-and-bye. The evidence for the prosecution was then concluded, and Mr. O’Reilly said he would submit that there was no evidence to go to the jury. It was admitted Higgins did not get pos session at the time of the payment of the money, and the warrant was relied on to entitle the bailiff to give possession. The warrant being bad, the bailiff was a trespasser, and could not give a title to Higgins. The presence of Higgins was clearly a trespass. The pro perty must be proved as laid in the in dictment, therefore there was no case to go to the jury. There was no evidence to show that Higgins got possession from a person entitled to give it. His Honor said the question -was no doubt a difficult one; but were not the goods de facto in possession of the prose cutor when the prisoner took them ? Mr. O’Reilly then said he would let the point stand over as he was in a position to prove that Higgins was a trespasser. He would call evidence, and he then ad dressed the jury. He said it way very evident from the evidence already taken that the money was lent by Higgins on the security of the horses and plough, but it was not necessary for him to dwell on that point, because under a duly regis tered mortgage of stock, Friedlander Bros, were the owners of the horses in question, and not only did the property vest in them, but by the 6th section, the Mortgage of Stock Regulation Act the possession was also vested in them. It being therefore clear that Higgins had neither the property nor the possession the indictment could not be sustained. ,

His Honor (interrupting)—Then the defence is that the prisoner has not com mitted the offence charged, but has com mitted another offence. Boni-si

Mr. O’Reilly said that by no means followed. It was assuming entirely too much. The security was simply a second mortgage, and there was nothing to pre vent borrowing on a second mortgage. Mr. O’Reilly then called Hugo Friedlander —I am a member of the firm of Friedlander Bros. In June, 1879, the prisoner gave us a bill of sale over his stock, etc., including the three horses mentioned in the indictment. In February I told Gardiner to take posses sion of the horses, whoever might have them. I did understand that Mr. Branson was the bailiff of the Court, and that he held the horses as such. I told prisoner to take the horses from Mr. Branson.

Cross-examined by Mr. Duncan —I know that prosecutor had some claim on prisoner. F. de 0. Malet, Registrar of the Supreme Court, produced a mortgage of stock—Gardiner to Friedlander Bros., filed 9th July, 3 879. James Gilchrist gave evidence as to witnessing the signatures to the bill of sale.

The prosecutor being recalled, stated that the prisoner at no time told him that there was a bill of sale over the horses to Friedlander Bros., nor did he claim them for that firm.

Mr. O’Reilly then proceeded to address the j ury for the defence. After he had opened his address,

His Honor asked Mr. Duncan whether he thought he could support the charge of larceny on the evidence as now pre sented. Mr. Duncan said that he did not think he could support the charge of larceny on the evidence.

His Honor directed the jury that there was no evidence on the charge of larceny. The jury, under direction of his Honor, returned a verdict of “ Hot guilty,” and the prisoner was discharged. LARCENY. James Stephens was indicted for having, on the 2nd December, 1879, stolen a quantity of drapery, &c., the property of H. C. Turner and another. Mr. Spackman, instructed by Mr. O’Reilly, appeared for the defence. Mr. Duncan prosecuted on behalf of the Crown. The case for the prosecution was that the prosecutor, who is a hawker, -was at the Mount Somers Hotel with his wagon on the date named, and the prisoner, who is also a hawker, was there too, and ex amined prosecutor’s wagon. Ths prosecu tor left the wagon for some time that night, and on returning missed a quantity of drapery. Information was given to the police, and on the 3rd of February the prosecutor went to prisoner’s premises at Alford Forest, and found a large portion of the-jawoperfey alleged to have be«| stp ~-/ \shirts being idcntifie^AM

prosecutor as having been specially made to their order. . , A. Orr spoke to prisoner s good cnarac-

The same evidence as given in the Court below was repeated, and with the facts of the case our readers are familiar. Mr. Spackman called evidence for the defence, and then addressed the jury. _ His Honor summed up and the jury returned a verdict of “ Guilty.” His Honor sentenced the prisoner to eighteen months’ imprisonmert, with hard labor. INDECENT ASSAULT. William Skedgewell was charged with indecently assaulting Elizabeth James. The prisoner, who was undefended, pleaded “Not Guilty.” Mr. Duncan prosecuted on behalf of the Crown. Evidence having been led to prove the offence, The prisoner cross-examined the prose cutrix at some length as to her character. His Honor summed up shortly. One of the jurors (James Forester) slid that the prisoner had asked whether prose cutrix had ever lived with a man named Taylor, and she had stated that she did not. Now, he (Forester) know different. The juryman was sworn, and stated that last year some time he knew the prosecu trix as Mrs. Taylor. She was living with a man named Taylor in Harper street, Sydenham, and in Fourth street. She had credit from witness, who was a butcher, under the name of Mrs. Taylor. She lived with Taylor as his wife, but was not married to him.

His Honor asked the prosecutrix whether she wished to ask any questions.

The prosecutrix said she was not the person at all. The witness Forester said he had no doubt at all as to the identity of the woman.

H. B. Ballinger, another juryman, also testified to the identity of the prosecutrix as the woman living with the man named Taylor. His Honor asked Mr. Duncan whether after this he could hope to proceed with the case.

Mr. Duncan replied in the negative. His Honor asked Mr. Superintendent Broham if the police could give any infor mation as to the alleged attempted suicide of the prosecutrix. Mr. Superintendant Broham replied in the affirmative.

John Briggs, a constable in the police force, deponed to knowing the prosecutrix under the name of Doe. She was arrested in Christchurch some twelve months back for attempting to commit suicide by drowning. She was taken to the lock-up. His Honor asked Mr. Duncan whether there was any case to go to the jury, when the prosecutrix had committed no less than three assignments of perjury. Mr. Duncan said that he would not pro ceed with the case.

The jury, under direction of his Honor, returned a verdict of “ not guilty,” and the prisoner was discharged.

SUPREME COURT SITTINGS.

[by telegraph.] Christchurch, April 6. Peter Martin, for indecently assaulting a child, was found guilty. His Honor, after remarking in the severest manner on the nature of the offence of which the pri soner had been convicted, sentenced him to five months’ imprisonment and to be twice whipped, the first whipping of 25 lashes to be inflicted a fortnight from date, the second 25 lashes one month from the first, pointing out that there was a laxity in parents allowing their children to go at large without some person to look after them.

Bernard ISTeary, for a theft of jewellery from a sleeping man’s pocket, at the Rail way Hotel, Amberly, «n the 10th of Janu ary, was sentenced to nine months’ im prisonmment, with hard labor. W. H. Hudson, for the theft of a re volver from a house in Worcester street, Christchurch, on February 24th, was found guilty, and, being a confirmed thief, was sent to penal servitude for ten years. Barringer, a bank clerk, committed for trial for embezzlement, came up for trial this morning. It was found, after argu ment, that his case must be heard next, and not this session, but the Judge noti fied that bail could be applied for. Wellington, April 6. At the Supreme Court this morning, Frank' Hooke, for false pretences, -was sentenced to nine months ; James Harris, larceny, two years. Alexander M‘ Gregor, forgery eighteen month. The charge against John Thompson, for stealing a cash box and L3O ended in a sentence of twelve months. Wellington, April 7. The Supreme Court was occupied all day hearing the charge of rape against Longhurst, which is not likely to conclude till midnight. George Yackerstaff, who stole a letter from the post office at Carterton', was dis charged on his own recognisances, to come up for judgment when called upon. The charge of rape against George Long hurst is now proceeding. Prisoner’s counsel applied for leave to the jury to visit the shed in which it was alleged the offence had been committed. The Judge refused, as it would be exceedingly incon venient for himself and counsel to visit the spot, and there would be difficulty in pre venting communication with the jury. However, if later on he found the prisoner would suffer by their not visiting the shed, he would allow the application. Auckland, April 7.

At the criminal sessions, Walter Rat cliffe, obtaining a marriage certificate from the Registrar under false declaration, was acquitted. Five true bills were re turned against J. C. Young for larceny of public money.

CORRESPONDENCE.

We do not hold ourselves responsible for the opinions expressed by our correspondents.

THE WATERTON DOG CASE.

To the Editor.

Sir, —In your paper of April 1,1 notice a letter signed “ Robert Anderson,” in which he attempts to correct some errors in the report of your contemporary on the case of Anderson v. Fleming, at the R.M. Court on the 23rd, with the view of making clear to the public the justice of his claim. Has he done so 1 He states his first claim was to rescue his dog. This statement I flatly deny. Instead of coming for his dog, he sent me a bill for LlO, with a summons pinned on to.'it. . , . . With regard to the great insult I gave to Mr. Anderson, I had not spoken to him previous to the case being heard, nor since that night. The next point involves a mathematical question, which I will leave with Mr. Anderson, taking it for granted that he has measured the distance between his house and mine. According to his showing, I stated the distance to be a mile and a-half, whereas I stated it to be three-quarters of a mile or a mile. But evidently Mr. Anderson is, like Paddy with his minutes, not particular about a handful of chains. Then Mr. Anderson takes exception to my witness. That witness is my wife and his own sister. If he were manly he would be ashamed to even attempt to fix an un truth upon his own sister. What my wife did say was that the night of the 4th March was as light as moonlight. If Mr. Anderson loves the truth so much as to stand or fall by it, in the first place, he ought to state it.—l am, <&c., William Ft .bmvc.

THE ASHBURTON GUARDIAN, THURSDAY, APRIL 8, 18^



NOTICE TO FARMERS. f~jpHE undersigned will be prepared to treat with fanners and others in Ashbur ton, every Wednesday and Saturday, for the PURCHASE of GRAIN, or SHIP MENT on ACCOUNT of GROWERS. JOSEPH CLARK. February 28, 1880. 550g*



THE NEW ZEALAND CLOTHING FACTORY AS started about five years ago. The proprietors at first in tended to manufacture for the Trade only, but, owing to the persistent op position of importers and Shop keepers who could make a better profit on the imported article, they were compelled in self defence to open Branches for the sale of their goods direct to the public. In this they but followed the example of some of the largest manufacturers at home, and the Public, by purchasing at the undermentioned Branches, will SAVE THE PROFIT OF MIDDLEMEN, AND OBTAIN A SUPERIOR ARTICLE. Invercargill Christchurch Wellington Dunedin Ashburton Auckland Timaru Wanganui Napier A SINGLE GARMENT WHOLESALE PRICE. BRANCHES. Oavnaru Nelson New Plymouth AT W. SPARROW, Manager, Ashburton Branch, 588g* New Zealand Clothing Factory.