AUCTION SALES.

Saturday, October 2. Robert Wilkin and Co., at the Agricultural and Pastoral Association Grounds— Entire Horses, &c. Sale after the Parade. T. Bullock, at the Horse Bazaar—Horses, &c. Also at his Rooms, East Street— Furniture, Miscellaneous Goods, &c. Tuesday, October 5. Davies and Winter, at South Rakaia — 250 cords of Bluegum Saplings. Sale at 2 o’clock.

THE REEL O’ TULLOCH. The Ashburton Guardian. COUNTY AGRICULTURAL & SPORTING RECORDER THURSDAY, SEPTEMBER 30, 1880.

“No lawful visible means of sup port.” When a man drops so far down in the social scale as to have reached the very uncomfortable and therefore unenviable condition that this sentence describes, he becomes a suitable subject for the solicitous care of the constable, the protection of the police cell, and the administration of justice as expounded by the Justices of the Peace or the Resident Magistrate, guided by their own wisdom in reading the Vagrant Act. Hundreds of men have gone down the social ladder till they have reached the vagrant rung, from which they have dropped into the arms of the law and have been con veyed from these arms to the store house of crime—the gaol. In most cases no fault can be found with the fate that these men meet, because their worthless and weak characters have been so evident, not only to the police, but to all who have known them, that it was more a kindness than a punish ment to the waifs to send them to prison. We presume it was to rid society of such parasites as the genus “ loafer ” that the law was framed, and with the spirit of it no fault can be found. Still, it is by the law as it stands that a criminal ought to be judged, and no undue straining of the law’s provisions should be made to include a case for which those provisions do not, on the face of them, clearly provide. So long as a statute is suffici ently clear in itself to enable an ordin ary intellect to comprehend what is for bidden by it, and what is not forbidden, the statute, however unjust, is at least a workable one —inasmuch as only an ignorant man can be at fault as to its provisions ; but it ought to define the offences it constitutes, so clearly in itself as to leave no room for abuse either by the Bench or the police. A recent decision by his Honor Judge Johnston points to a phase of the Vagrant Act which is to us at least a somewhat novel one, and shows that an almost unlimited discretionary power is entrusted to the hands of those equally erudite and shrewdly dis criminating administrators of the law in New Zealand, the Justices of the Peace. It will be remembrred that three months ago a man named Charles Ryal, in common repute the keeper of a brothel, was sentenced to three months’ imprisonment as a vagrant, “ having no lawful visible means of sup port.” By no means could he be said to be in the position of a man having no visible means of sup port, nor could it be said even that those means were not lawful, for he was proved to be the owner of a cab which he let at £2 a week, but a clause of the Act provides that those means, however lawful they may appear in themselves, may be con sidered “unsatisfactory” by the Justices, and the man may be sent to gaol for three months, or for such period as the statute allows. Ryal, knowing that he had plenty of “ means,” appealed against the decision of the Justices who sentenced him, and this week Judge Johnston sustained the decision. It is interesting to note on what grounds —as showing how large a discretionary power is given to the Magistrates. His Honor was averse to straining the law even against “ loafers,” and in this case he himself would not have given a con viction on the evidence, but seeing that the “Magistrate had chosen to say that he was not satisfied the accused had lawful visible means of support his Honor could not interfere.” “ If,” he further said, “the Act were stretched to the utmost, it would give the police a power of espionage not given in the most despotic countries.” The decision then was upheld simply because his Honor accepted the ipse dixit of the Justices. Now, be it un derstood, we do not cavil at the riddance to society of a pest like Ryal. We are just as glad to know that that individual will be removed for a time from troubling the township as any one is, nor do we find fault with the particular exercise of discretionary power on the part of the Magistrates who sent Ryal away from his Pandarus avocation for three months. But the

question still arises—ought all and sundry of. the great unpaid army of Justices of the Peace have it in their power to send a man to prison because they are not “ satisfied ” with his means of subsistence? We say No to this, as we contend that some guiding defi nition of what are unlawful means of subsistence ought to be given by the Act that would relieve the Justices from this exercise of discretion, which, if it must be accepted by the Judge, is simply commuting the liberty of the subject to the hands of the Magis strate. There is no guarantee that any of the many gentlemen whom the Royal Representative may delight to honor with a Commission of the Peace will be “ satisfied ” with any man’s means of living, and though we ought to feel flattered with the faith the Judge reposes in the Justices who tried Ryal, we cannot feel equally flattered with the way in which his Honor shows to us that the Act may be strained to procure a conviction. We contend that, in justice both to the Magistrate and the community amongst whom he sits, the former ought not to be a legislator, but simply an ad ministrator of the law, and to place any man’s liberty at the mercy of a Magistrate’s personal judgment being “satisfied” as to a means of living, independent of any definition by the Act of what is lawful, is surely not in accordance with an Englishman’s notions of the freedom of his country.

The Scotch Concert. —The Caledonian Society’s anniversary concert of Scotch music and Highland dancing takes place in the Town Hall to-night. Drunk. — A first offender got a lecture from the Mayor yesterday on the evils of drunkenness, and was let off on making a promise to behave better. Sporting. —The programme of the Ashburton Racing Club’s Spring Meeting, to be held on the 17th and 18th November next, appears in another part of this issue.

Kaiapoi Woolen Factory. —We'would remind those who are desirous of aiding the native industries of the colony that the share list of the Kaiapoi Woolen Fac tory will close to-morrow, which day is the last opportunity to be had of making application for shares. Alleged Larceny, —Richard Sydney Williams, who had a register of sixteen convictions against his name for larceny, and has only recently finished a five years’ sentence, was remanded by the Mayor yesterday on a charge of stealing a pair of boots and two rat-traps from the Royal Hotel. He will be tried to-morrow.

The Weather. Last night about nine o’clock a very welcome addition to the rainfall began. The interval of dry weather between this shower and the last was getting just long enough to be uncomfortable, and the farmers were beginning to include in their salutations a remark that they “ could do with a shower.” We hope it will continue for a time, now that it has begun, as forty-eight hours of it would not do the plains a bit of harm. Alcohol.— On this subject Rev. B. J. Westbrooke delivered a lecture, in the Town Hall last night. There was a very fair audience, the little hall being com fortably filled, and Mr. Isaac Scott was in the chair. Mr. Westbrooke treated the subject from a scientific point of view, and succeeded, though labouring under the disadvantage of indisposition, in giving a very instructive and withal racy lecture. The usual votes of thanks wore given at the close. This lecture was one of a monthly series now being delivered under the auspices of the Temperance Association.

The Unemployed. —The Mayor has re ceived a petition, which he is requested to forward, through the member of the district Mr. E. G. Wright, to the Go vernment. The petition is signed by fifty-eight men out employ, and is a prayer that Government take their necessitous condition into consideration and provide them with work. The petition, we need scarcely say, will be forwarded at once, and we have no doubt, the request of the men will be acceded to, as a large sum of money was voted during the past session for works to be carried out by unem ployed. The Art of Memory. —On Tuesday Mr. F. P. O’Reilly delivered his most extra ordinary lecture on the Art of Memory. Wo say extraordinary more in reference to the illustrations he gave, and the feats of memory he himself performed than to the lecture itself. After a very eloquent introduction, in which Mr. O’Reilly showed that the systematic cultivation of the memory had been the study of the greatest philosophers from the earliest ages of the world, and that system had been practised in the use of memory by the Hebrews of Moses’ time —whose language was the mother of sublimity in literature—the lecturer went on to trace the history of the art of memory amongst the Chinese, and showed his own powers of memory by a rapid but accurate re capitulation of every ancient nation who had been prominent for their proficiency in the mnemonic power. He then analysed the faculty of memory from a phreno logists point of view, pointing out the organ’s position on the forehead, between those of comparison, and demonstrated how much every other faculty of the brain was dependent upon mnemonic power. In the course of his succeeding remarks he showed how by systematically cultivating the powers of memory on the principle of the association of ideas, a very high degree of efficiency could be reached. Good memories were only to be found in attentive and careful people, who took pains in the doing or saying of any thing, and bad memories were the in heritance of those who were listless and apathetic in their attention to the every day occurrences' that passed before their eyes. The lecture was of course too great an effort for us to reproduce, but it con tained many valuable suggestsons, and ex hibited a range of reading on the part of Mr. O’Reilly that was marvellous. In ex hibiting his own powers of memory a blackboard was filled with figures dictated by the audience, and Mr. O’Reilly, after once reading them over, was not only able to repeat them in their order, but to accurately answer questions as to the position of every figure on the board. Another example of memory he exhibited was his ability to give the history of each of the 73 Roman Emperors, the years of their reign, and the prominent events of their lives. Another exercise was the unrolling of two great Chinese scrolls, reaching from one end of the hall to the other, with perhaps as much again uncoiled. On these were written in Chinese and English 214 radi cals of the Chinese language, with sen tences in illustration. 0 The and illustrations were numbered, and indi viduals in the audience mentioned these numbers. In every case Mr. O’Reilly was able to correctly reproduce on the black board the Chinese characters, as given on the scrolls, and recite the illustration attached to the number. At the close of the lecture Mr. Ward, who was chairman, in proposing a vote of thanks, paid a high compliment to Mr. O’Reilly, expressing his surprise and regret that the hall was not crowded to hear the valuable and wonderful lecture. The vote was heartily accorded, and Mr. O’Reilly stated that very probably the lecture would be de livered in Christchurch,

Captain Barry. —Captain Barry post poned his lecture last night. Arrival. —The Waitangi, ship, 1128 tons, 64 passengers, 88 days out from London, has arrived at Lyttelton. One death from heart disease occurred on the voyage, but there was no other sickness.

Horse Parade. —Owners of entire horses who intend exhibiting at the annual parade to be held on Saturday next, are reminded that entries must be made with the Secretary, Mr. George Jameson, not later than 4 p.m. this day. New Journal. —We have received from the publisher the first number of a new journal, the Observer, published in Auckland. A number of “cuts” are interspersed throughout the paper, which certainly give one the impression that they have been executed by an artist of no mean order. The literary cast of the paper, which is a weekly, is humorous and satirical, chiefly local in its reference, though taking a wider range as well. From the freshness and originality which characterise the first number, we augur a successful career for the Observer.

Dramatic Entertainments. —Ananony- mous correspondent who wishes to defend the use of dramatic performances for supplementing church funds, points us to the following paragraph from the Lon don correspondent of the Canterbury Times of a late date :—“ There are as many dif ferent classes of consciences as there ire of minds. Some people think, or say, that there is no harm in opening the Argyle Rooms. At the other end of the scale comes the Vicar of St. George’s, Deal, who refuses to take L 5 for the dis tribution of coals among the poor, because it is the proceeds of a dramatic enter tainment. Of course the gentleman has a right to his opinion, but if the alternative is that people are to go without firing, it is only just that he should.pay the L 5 out of his own pocket. If a man has a con science of that delicate kind he should pay for its keep. ”

Mount Somers Cricket Club.—A very good game was played at Mount Somers on Saturday, the 25th, among the members of the club. About 16 members were present, and a very enjoyable after noon was spent. A meeting was held sub sequently at Hood’s Hotel, Mr. Polhill in the chair. The Chairman stated that the meeting was called for the purpose of opening the season, and also for arranging a date for a match with the Ashburton Cricket Club. A letter was read from the hon. sec. of the Ashburton Cricket Club, asking if it would be convenient for the Mount Somers Club to play a match at Mount Somers on Saturday, October 9th. It was decided to accept the proposal, and to commence play punctually at 10.30. At the previous match at Mount Somers some of the members of that Club did not put in an appearance until 12 o’clock, which was much to be regretted, as it prevented the match being played out. The follow ing officers were elected ; —Captain, Mr. Potts; Committee, Messrs. Peache, Taylor, Peter, Tomlinson, D. Potts, and Cookson. Mr. Cookson was re-elected hon. Secretary and Treasurer. The Secre tary was requested to collect all out standing subscriptions, and to procure any necessary plant required for the ensuing season. After a vote of thanks to the Chairman, the proceedings terminated.

The Ashburton Appeal Cases. —The appeal of Charles Ryal, the man who was sentenced to three months’ imprisonment with hard laboi, for having no visible means of support, and was connected with the lean-to affair, was dismissed by His Honor Judge Johnston. His Honor thought the appellant should not have been arrested without a warrant. The Court was bound to support the decisions of the Court below, when the Magistrates had not exceeded their duty or misunder stood it. This was a case to which he had given considerable attention, in conse quence of a previous case from the same Court. The law was intended for the protection of society, but not to be per verted. Had the conviction been on the defendant’s having no visible lawful means of support, he could not have supported it on the evidence, but the Act spoke of the defendant giving a satisfactoryaccount. The Magistrates assured him that the prisoner had not given them a satisfactory account, and as the evidence did not show conclusively that the account was satisfactory, he (His Honor) was bound to support the conviction. Friedlander Bros. v. Brown. —The appellants had, by a letter to a third party, guaranteed the paying of the respondent for threshing some grain, over which they held a lien from the said third party. After hearing counsel, his Honor allowed the appeal with costs. The same v. Skippens.—The appellants in this case had given respon dent an undertaking to pay L7l rent on account of a third party, as soon as his grain should be delivered. The Resident Magistrate had given the judgment whether the undertaking had been for rent or interest. The argument for the appellants was that the payment was for in terest, and that as a mortgagee could not distrain for interest, there was no con sideration. After hearing counsel, his Honor dismissed the appeal with costs.

Vine Culture.- —The French vignerons in Auckland are beginning work. They have taken 5,000 vine cuttings to their land at Dargaville. In Difficulties. The Invercargill School Committee have resolved to declare to the Education Department that they cannot carry on their schools on the reduced allowance, rendered necessary by the curtailment of the vote. The reduc tion equals nearly 50 per cent. There are three big schools under the Committee, and over a thousand pupils. The Com mitteemen’s position, if they carry on, is that they are personally liable for defi ciencies.

A Legal Difficulty. —At an adjourned meeting of the Invercargill Licensing Court on Tuesday, a suburban publican, the conduct of whose house was deemed unsatisfactory, was called on to hand over his license, granted at the annual meeting, for cancellation. Acting under legal advice the licensee refused to do as re quested. It appears that under present circumstances, and the present state of the law, he can carry on to the end of the licensing year.

Auctioneering After Hours.-— At the Wellington Magistrate’s Court on Tuesday Mr. MacDonald was fined L 5 and costs for exercising his business as auctioneer after seven at night. The defence was that there was no intention to set the law at defiance, but that he wished to bring the matter before the Court with a view of getting the law repealed. The magis trate said the act was a breach of a clearly defined Ordinance, and cautioned the de fendant that, should the offence be re peated, he would inflict the full penalty of LSO.

Native Meeting. —A large native meet ing, held at Tolga Bay, has just concluded; over 5,000 natives were assembled. The ostensible object of the gathering was in commemoration of Te Kaui a Tekerou, a chief of renown who died several years ago. A great deal of speechmaking was indulged in. Further land selling and leasing along the coast was strongly de nounced. Another feature of the meeting was that the relatives of the East Coast natives in Waikato, Taranaki, and other parts of the country, should be brought to their people here. Although not openly avowed, the desire of many is for Te Kooti and other rebels to be permitted to return. A number of resolutions were passed, and it was agreed to petition Parliament to give effect to the views of the natives, especially with regard to the land and establishment of a Maori newspaper. A number of Europeans were present.

The Native Fencers. —An official telegram received from the camp on Tuesday states that the , native fencers, thirty-eight in number, of whom only ten were men, while proceeding to the fences that morning, were stopped by Colonel Roberts, and warned that if they at tempted to erect fences they would be arrested and tried as the others were. He cautioned them, against setting the law at defiance any longer. The natives retorted they would not return until they had reached the point to which they had been sent. The Constabulary were then ordered to advance, and they quietly pressed the natives back for some distance, when the latter gave way and fled. Orders were then given to pull down the fences at Parihaka and at the Waitotara ford. When this was done, the same natives who had come down in the morn ing were seen sitting about 100 yards from the fence. They watched the proceedings, and in the end went away quietly.

THE TEACHERS’ REDUCTIONS.

The rates of the reductions to be made on teachers’ salaries, in pursuance of the retrenchment policy, have been fixed, and are now officially announced, and it will be seen from the scale we give below that the reductions have been graduated, with a view to press as lightly as possible upon the teachers who are in receipt of only small salaries. The scale is as follows : Salaries up to £2O inclusive will not be subjected to any reduction at all. Salaries from £2l to £SO will be reduced 5 per cent. Salaries from £sl to £loo—s per cent, on the first LSO and ten per cent on the remainder ; for example—a salary of £7O will be reduced by £4 10s., being £2 10s. at 5 per cent on £SO, and £2 at 10 per cent, on £2O ; a salary of £BO will similarly be reduced by £5 10s, and so on. Salaries above LIOO will be reduced 10 per cent. Rent allowances will be treated as salary, and bonuses and allowances for instructing pupil teachers will be reduced 10 per cent., while it is also intended to make some alteration with respect to the allowances for teaching music, but this has not yet been decided on. In the case of uncertificated teachers provisionally ap pointed, the salary will be subject to a further deduction at the rate of about per cent., until a certificate has been ob tained. A reduction of ten per cent, has also been made on the incidental expenses, grants to committees. This new scale will come into force on the first of No vember next.

CORRESPONDENCE.

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

HEAVY OATS FOR SEED.

To the Editor. Sir, —I wish to draw the attention of the farmers, through your paper, to the necessity of sowing the proper descrip tion of oats for the English market, as no doubt in time to come it will be the only reliable one for oats as well as wheat. From account sales just to hand there is a difference of from 10a. to lls. per quarter between heavy milling and Danish or Tartarian feed, and as the expenses are nearly the same I would advise farmers to sow only the heavy sorts. A parcel of very heavy bright milling grown by Mr. Croy, Longbeach, realised the extreme price of 395. per quarter of eight bushels, whilst inferior grades grown in the same district realised from 28s. upward.—l am, &c., Joseph Clark. Ashburton, Sept. 28, 1880.

LETTERS FOR THE TIMES.

No. 7. To the Editor. Sir,— The manner in which this colony has been looted by the political army whose rearguard now holds possession of its citadel —but only for a short season, I trust—is something astonishing. Which ever way we turn we find that the Govern mental machinery has been used for the enrichment of individuals, and casting our eyes around we see “big bugs” walking off with their sacks of plunder in all direc tions, while others would be only too glad to follow suit if they could get their spoil together. If it be said that this is strong, and even coarse, language, 1 reply that steady-going colonists, who find the coun try laden with debt and themselves and their families with taxation for the benefit of ruthless speculators, may be excused for venting their feelings in language suitable to the occasion. It is the sole consolation left to them. When we consider the manifold resources of New Zealand, its natural capacity for supporting many millions of inhabitants, how it started upon its career free and unencum bered, it is lamentable to think that, in the fourth decade of its existence, it should be sadly struggling in the waters of adversity, and furnishinga theme for count less homilies by friends and neighbors upon the hitter fruits of financial profli gacy. Its people have but themselves to blame. If they will entrust the administration of their affairs to ignorant, reckless, or unprincipled men, they ought not to complain when the natural conse quences ensue. The choice of representa ii /33 in the Assembly, as well as for the minor public bodies, which is often made by the constituencies, is strange indeed. If at an election two candidates are stand ing—one a man of education and in tegrity ; the other, some pushing, self seeking, bullet-headed individual, who chatters away like a poll-parrot, and knows as much about politics as that in telligent bird, the odds are two to one that the latter gets elected. There are numbers of people who take offensive presumption such as that described as a proof of talent, instead of being, as it commonly is, the sign of an inferior mind. But so the world wags, and I suppose it always wil so wag until the end of time.

If the final results of our loan transac tions are proving unpleasant to the co lony, certain persons are nevertheless entitled to say—‘ ‘ It’s an ill wind that blows nobody good.” The twenty millions which we have borrowed in eight years have furnished, pretty pickings to some folks. The spendthrift who supports himself by “flying kites” soon learns the meaning of the word “ commission”, as well as that of “discount.” He gives a bill for LIOO, plus interest, from which the money-lender knocks off L 25 for dis count, and then casually observes that it is usual to allow 5 per cent, commission on such transactions, which he accordingly appropriates, and hands Charles Surface seventy pounds in lieu of the hundred. It is, I suspect, not generally known that the colony undergoes a similar squeezing process whenever a new loan is floated. A heavy discount —getting heavier every time—is duly exacted, and the first blood thus being drawn, a posse of bankers, loan agents, and brokers rush in for their little morsels, while the ambassador ex traordinary from the colony hovers pa ternally over all, conscious that his patriotic services are sure of recognition by the General Assembly in due course in the shape of a handsome present of hard cash, whose real nature will be pleasantly glozed over by some fine-sounding name, so as to make the colony look like the debtor instead of the creditor. Perhaps the biggest thing we have ever given in the way of “ commissions” was that pre sented to the Rothschilds in 1875, when Mr. Yogel, having first judiciously and confidentially informed the Rothschilds that the colony was “in a mess” (as no doubt it was, for Mr. Vogel and his col leagues had spent the whole four millions before it was borrowed), proceeded to.

bargain with those experienced financiers as to the terms on which they would con descend to smile upon the efforts of the colony to raise four millions of money. Those terms were LBO,OOO cash, and the Rothschilds got it. Think of that juicy morsel, ye New Zealand commission agents, and let your mouths water freely ! However, the Messrs. Rothschild are not the only lucky people in connection with New Zealand loan-mongering. There is a mysterious firm of brokers on the Stock Exchange by the name of Scrimgeour— Messrs. J. and A. Scrimgeour— whose advice seems indispensable to the success of our kite-flying ; and they by no means give advice gratis. On the occasion of the floating of the three and a-half million loan in 1878 they were paid by us L 8,750, for “ general services rendered as brokers up to the time of obtaining official quotation of the loan,” and as, deeming the loan a good investment, they applied for a.substantial portion of it, they were allowed a further commission of a quarter per cent, upon the amount of their appli cation ; so that altogether they made out of the colony L 11,349. They did not do so well on the last occasion. There were such a lot of persons to divide the com mission, while the Bank of England stood inlhe midst like a lion amongst the jackals, that really the share left for the consulting brokers was infinitesimal. Messrs. J. and A. Scrimgeour were only paid L 1,500 “ for services rendered in advising and assisting in matters con nected with the loan and its quotation on the Stock Exchange.” The Bank of England decidedly came off best in the distribution of the commission on the floating of this five million loan. It was paid by the colony a solid sum of L 25,000 for its patronage ; and then, in order to grease the wheels, and of its own motion, ■apparently, the Bank allotted L 11,871 to sundry brokers for commission for what they did, and this further sum had to be paid, not by the Bank, as one might have imagined, but by the colony. Then the Crown Agents got L 6,250 for their com mission, and Sir J. P. Julyan L 6,250 for his, while the colony instead of the bondholders, had to pay L 4,800 for stamp duty upon the converted bonds ; and there were sundry odds and ends, so that altogether New Zealand was bled to the. extent of L 56,294. The solitary man left out in the cold was Sir Julius Yogel, who was forced to be content with his salary as Agent-General and the delightful feel ing of having served what was once his country, although, at the same time, if he has failed to get his fingers into the pie, it has not been for want of trying. The dis count paid by the colony, in addition to these commissions, was such as to make one wince. We borrowed nominally’ five millions ; in reality we shall have to pay the bondholders six millions, besides com pound interest upon the difference for a long series of years. “ Inscription of stock ” is a phrase of grand and mysterious sound, and as scarcely anybody knows what it means, the public have been led to believe that it is some newly discovered panacea for our financial ills —omne ignotum pro magnifico. It is actually an old scheme, which was put into operation years ago by the Metro politan Board of Works and the Canadian Government, while other governing bodies have rejected it. It was advocated by Mr. Westgarth, in his well-known financial circular, a long time before Sir Julius Yogel took it up ; but, then, Mr. Westgarth was advocating it in the in terests of the bondholders, and not of the colony. That is just the point of the whole thing. One can see how the bond holders will benefit by the change. It is equally plain that the transaction will be profitable to the Bank of England, which will receive from the colony several thousands a year for doing a little clerical work ; even the Imperial Government will have no cause to grumble, since the luckless colony will be required to pay it heavy stamp duties ; and as to Sir Julius Yogel and the two other loan agents, whom it is proposed to place on a salary hot exceed ing L 2,000 a year a-piece for presiding over the conversion, they at all events will have cause to rejoice at the operation should it ever come about. The advan tages to the colony are, however, mere paper advantages, which may or may not prove to bear a money value, and we can see by the case of the five-million loan that the money balance may, so far as the colony is concerned, shew itself on the wrong side of the ledger. Is it not time that a new order of things was begun?—Yours, &c., G. W. Purnell. Ashburton, 26th Sept. 1880.

RESIDENT MAGISTRATES’ COURT.

Tuesday, September 28.' (Before Mr. F. Guinness, R.M.) “skylarking.” John Grantham and Frederick Worner were charged with creating a breach of the peace. Accused admitted ' skylarking, but denied any intention of creating a dis turbance. Constable Smart stated that he saw the accused fighting near Quill’s Hotel, and there was blood on each of them. His Worship said he happened to see the affair and thought there was nothing more than a scuffle, and would inflict a fine of only ss. DRUNK AND DISORDERLY. Robert John Maxwell, charged with being drunk and disorderly, admitted the charge, and was fined ss. and costs. Thomas Franks, for a like offence, pled guilty, and -was mulct in a similar amount. John O’Brian for being drunk and dis orderly, craved the leniency of the Bench, as yesterday being a general holiday, ' and waiting on the gentlemen at the banquet, he had forgotten himself. If his Worship would exercise clemency this time, O’Brian said it would be the last ..time he would appear before the Court. His Wor ship remarked that accused had made a similar promise on a previous occasion. There were several previous convictions recorded against him. O’Brian again re freshed his Worship’s memory that yes terday was a general holiday, evidently being of opinion that on such occasions unlimited license was allowed to the pub lic to get intoxicated. Mr. Guinness, however, was lenient, and O’Brian was let off with the usual fine of 55., at which un expected result of his spree, he appeared devoutly thankful. malicious damage—“ the battle of the STONES.” James Cavanagh was charged with wil fully damaging the property of William Sycamore. Mr. Branson for complainant, Mr. Crisp for accused. Emma Sycamore stated she was the daughter of the complainant. On the 21st of the month she saw Cavanagh throwing stories at her father. One stone went through a large pane of glass in the win dow. The stone hit witness on the back of the hand. By Mr. Crisp—The affair occurred on Tuesday evening, the 21st inst. Had just gone inside the shop. Mr. Cavanagh was just outside the shop, on the road. There were two or three persons outside the house—Mrs. Cavanagh, Mrs. Harris, and my brother Wallace. My father had gone out to the back. Mr. Cavanagh was throwing stones. The rest were looking on. Don’t know whether any others were throwing stones besides the accused. Cavanagh was about two yards from the window. He threw straight at it, and also at my father. Accused threw the stone through the window purposely. The affair took place at 7 p.m. on Tuesday Week. Re-examined by Mr. Branson—lt was on this day week. Wallace Sycamore corroborated the evidence of last witness* 1

By Mr. Crisp—The affair occurred at about four o’clock in the afternoon. My mother, sister, and father were standing about. Mrs. Cavanagh and Mrs. Harris were looking on. .' ; The latter 'parties were throwing stones ; mjti* father also. My father was throwing ’Cavanagh, and Cavanagh was throwing i ; at my father. While accused stones my father ran behind th 6 housp. 'v William Sycamore, the complainant, stated he was a farmer at Winslow. Knew the accused. On the 21st of this month accused was in the public house, and Mrs. Harris brought him out to fight me. There were some words between Mrs. Harris and Cavanagh, and the latter com menced to throw stones. I ran ’to the back of the house, and when I got there, heard a stone came through the shop window." Don’t know who threw the stonel The cost of repairing the window would be over LI.

By Mr. Crisp—Mrs. Harris was on the spot. Had no conversation with her. She challenged me to fight, and I gave her a push, and down she went. Cavanagh was there but would not fight. I was ready, had be been so. Did not com mence throwing stones. When I got to the back of the house, I tried to drive them away with stones, as they had struck my wife with stones. They were all mad drunk. There were a lot of people stand ing about. This concluded the case for the prosecu tion, and for the defence Mr. Crisp called, Mary Ann Harris, who remembered the squabble. Mr. Sycamore was trying to kill witness, and Cavanagh came to her defence. Witness : ran into accused’s house. Sycamore and his son were throw ing stones at witness and Cavanagh. Did not see the window broken. After Sycamore had knocked witness down on the stones, he ran to the back of the house.

Cross-examined by Mr. Branson—Wit ness said she wq-s-sober, Never was inside the Hotel door. Cavanagh was sober. Could see whether Cavanagh threw atones, but did not see him throw any. iAfter knocking her down Sycamore ‘ ran after Cavanagh. Witness did ; not throw stones, unless it were while she was insensible.: Didn’t- know whether she threw stones. Wouldn’t con tradict anyone if they said she did. Syca more knocked her down with a stone, and she was rendered insensible for a second or two. Am sensible now, but very weak. Didn’t think she was sensible when she got up, being so confused. Before she was hit oh the head, Cavanagh did not throw stones, but he might have done so afterwards. Was completely dazed and nearly murdered. Counsel addressed the Bench, and after his Worship had characterised the affair as a most disgraceful one, he fined ac cused - in, the nominal penalty- pf ss. damages, 15s. arid costs 16s. ; professional fee, LI Is. In a case of Sycamore v. Cavanagh, for assault, Mr. Crisp, for accused, pled guilty, and a fine of is. was inflicted. ; William Sycamore was charged with un lawfully assaulting Mary Ann Harris. Mr. Crisp- for the 1 complainant. |Mr, Branson for accused, pleaded not guilty. Mary Ann Harris, sworn, said—l am the wife of Alfred Harris. Remember the 21st inst. On that occasion Sycamore and Cavanagh were in Mr. Harris’ pad dock, shaping at one another for a fight. I was on the public road, about eight or ten yards away. Mr. Cavanagh was afraid to fight, and then Sycamore came through the fence and struck me with a stone, which he held in his hand. At the same time he struck me.nine or ten times, till I fell in the middle of the road. My head bled till I fainted away. Came to Ashburton the same evening, and went to Dr. E-oss to get attention. By Mr. Branson—The two men were in a paddock, fencing for a fight. Previous to this Cavanagh was standing under the hotel verandah, and I asked him to come and protect his children and Mr, Rogers’ children, as Sycamore was running after them with a knife. Cavanagh then went out to meet Sycamore. I did not offer to fight Sycamore. I put the children in doors, and had to go back to Rogers’ house to attend to a child. Out of curi osity, I stood looking on. Cavanagh would not fight. He was perfectly sober, and so was I. I had blows on the fore head, but it was the blow on the back of the head that rendered me insensible. 1 had been to Ashburton that day, and re turned in a train with Mrs. Cavanagh and Mrs. Sycamore. I never spoke to Mrs. Sycamore. Mr, Martin was in the train. Do not remember Mr. Martin, on getting out of the train at Winslow, characterise my conduct as disgraceful. Sycamore has threatened to kill me before. Have never

spoken to Mrs. Sycamore. There has been an old-standing quarrel between my hus band and Mrs. Sycamore. Mrs. Cavanagh was not present during the assault. Ho one was present but myself, Cavanagh, and Sycamore. James Cavanagh stated he was a black* smith, living at Winslow., On Tuesday evening * last, Sycamore Wanted me to fight in Harris’ paddock. Shortly after wards Sycamore struck Mrs. Harris with a stone, which cut her on the side of her head. Only saw her hit once. I ran out to protect her, when he took up a stone and hit me. I was sober.

By Mr. Branson—l went into the paddock, because Sycamore called me to fight. I had previously seen Mrs. Harris and Sycamore having a squabble near the latter’s house. She told to go and protect my children, as accused was threatening them. I was perfectly sober. Did not see the squabble previously mentioned. Wha't I said about it was incorrect; I only heard there was a squabble from Mrs. Harris. Cannot say how much beer I that day. Am not sure whether I had any drink at Winslow. Sure I was sober. When Mrs, Harris was struck with the stone I was in close proximity. The blood ran down Mrs. Harris’ neck, and she then walked into my house. Accused knocked the woman down, but I cannot say whether it was before or after the blow was struck. The woman did not fall of her own free will. She did not fall with the blow, but I think it was from a push by accused. Mrs. Harris had no sign of being drunk.- ‘William Sycamore remembered seeing Mrs Harris on the evening of the 21st in Mrs Rogers’ house. On her coming out, he told her if her children did not let his little ones alone he would give them a good shaking. She afterwards went to get Cavanagh to fight him, but when the latter came out witness refused to fight him, unless he came away from the women. Cavanagh refused to fight, and Mrs Harris then said “ If he will not fight you, I will.” Witness gave her a gentle push and knocked her down. She then put herself in a graceful (?) attitude (which witness : described), and said “ that’s just what I wanted you to do.” I had no stone in my hand. My Mr. Crisp—l put my foot out, and gave her a shove. I do not know whether she struck me, but I had a black eye the next day. I was sober, and have not drank anything for the last seven years. By Mr.' Branson—lt was when Mrs. Harris came to fight that I tripped her over, and gave her a slight kick as she was going down. Emma Sycamore remembered seeing Mrs. Harris coming up to her father, sparring in his face, and exclaiming, “ Fight a woman, Sycamore.” By Mr. Crisp—Saw my father strike and kick Mrs Harris. She was standing beside him at the timei Mrs. Harris remained on the ground about a minute; Counsel having addressed the Bench, his Worship, in summing up, said the affair arose out of a continuous quarrel. He did not think that the accused was justified in kicking the woman, and Would inflict a

penalty of 10s. The whole of the parties, including Cavanagh, would be bound over to keep the peace, and to find sureties in the amount of LSO for their good behaviour for six months. CIVIL CASES. Quinn v. Stalker.—Claim LIOO, for alleged damage to plaintiff’s land through the cutting of a trench by defendant. Mr. O’Reilly for plaintiff, Mr. Wilding, instructed by Mr. Ireland, for defendant. The evidence of plaintiff was to the effect that he had leased section 9 and section 5 of a piece of land at Tinwald from Mr Johnston. Latterly defendant had leased section 10 of the same block. Plaintiff asserted that in conversations with Stalker the latter had admitted cutting a trench 70ft. long, 18in. to 24in. wide, and 6in. to Sin. deep through section 9, thereby depriving section 5 of water, while section 10, Stalker’s own block, was sup plied. The evidence of defendant was tantamount to an all round denial of any responsibility in the matter, having come into posession of No. 10 after the trench had been cut at the instance of the land lord. Plaintiff was non-suited with costs. The evidence in the case was very contra dictory, and it said a case of perjury may probably come to be heard out of it. Hawkins v. Stalker.—Claim 17s. 6d.— balance of account. For the plaintiff, Mr. Branson ; for_defendant, Mr. Ireland. Judgment for plaintiff with costs. Williamsom v. Boker. Claim Ll 3. Mr. Branson for plaintiff. Judgment for plaintiff with costs ; and immediate execu tion granted. i

UPPER ASHBURTON ROAD BOARD.

The ordinary meeting of the Board was held on Monday, 27th September. ' Pre sent—All the members except Mr. M'Coll. The Overseer’s report was read. Mr. Poole read a letter he had received from Mr. R. J., Harper, showing the necessity for having all the large stones removed or broken on a road under for mation known as the Anama road; and also asking that the road leading from the western corner of section 27385, on the Anama road to the northern corner of 28492, on the Yaletta road, be cleared of stones ; and also the clearing of' stones at the termination of formation now, in pro gress on road through ■ Westerfield town ship to the junction of the road 'above* mentioned, passing by the southern boundary of section 29224.

The Overseer stated that the -Anama road was unfinished, and -probably it would be some fortnight yet before it was completed. He could not interfere with contractors in the middle of their work. He would keep them up to the specifica tion, and ,would withhold their certificate if the work was not properly done. The Board thought that anything asked outside of the originalcontract could not be sustained. They were willing, after che work was finished, to carry out any reasonable suggestion for its improvement. : With regard to the other work mentioned, the Overseer would see .to it, and the Clerk would call for tenders ‘ for next Board day. Mr, Edward Corbitt wrote asking the Board to see to the crossing by Harris’s, north branch Ashburton riverj as his land is being rapidly washed away. The Over seer was instructed to examine and report on what is best to be done.

Mr. J. 0. Bell accepted the office of collector of unpaid rates. The Clerk was requested to give Messrs. Digby and Harrison notice to have the gorse cut off the roads fronting their pro perty. It was resolved that the Clerk give notice by advertisement that owners of property fronting Alford Forest road (it being under re-formation) cut ali gorse growing on the road fronting their pro perty, and that the same notice applies to all owners of property fronting roads throughout the district. It was decided not to strike a. rate for the current year. Discussion took place as to the best method of letting the roads for repairs. The Clerk was instructed to request Mr. M'Coll to attend next Board day so that this matter will have the considera tion of a full Board.

The Overseer was requested to make out specifications for the work by. next Board day, and was requested to .call for tenders for various works, to be bpened next Board day. Accounts were then passed and the Board adjourned.

BRUTAL MURDER IN AUCKLAND BY A FIJIAN.

Auckland, Sept. 27. At ten o’clock to-night a Fijian at tempted to murder with an axe the two sons of Mr. Thos. Willcott, aged eleven and fourteen years. Willcott lately ar rived from Fiji, and the Fijian had been in his service for seven years.. The youngest lad, Gibson Willcot.t; received a dangerous gash four inches in length; ex tending from his temple to the crown of his head. The other lad received a blow on the neck and face with the axe, but.is hot dangerously wounded. Another lad named Sandrys and the servant girl attempted to stop the ruffian while decamping when the alarm was given, but he threatened Sandrys with the weapon and threw a brick at the head of the girl, which for tunately missed her. He then fled, re taining possession of the axe, and has not been captured by the police. There are no hopes of the youngest lad surviving. Sept. 28. After the' murderous assault by the Fijian last night, the police started in pursuit, Inspector Pardy taking charge of the mounted men and scouring v the dis trict, while the Superintendent i took charge of the men on foot, and surrounded the cemetery, in which the Fijian was supposed to be secreted. The ,surmise proved to be incorrect. The Fijian was seen at 11 o’clock, passing the Eden Vine Hotel. Going away from town this morn ing, a milkman named Matthew Crawford, residing near Mount Albert, found the body of a man lying on the road some distance from the ; Eden Vine- 'Hotel, with a clean cut on the i back of his skull, abouta n inch inwidth, which must have been instantly’fatal. Hie milkman reported the matter to the police. An : investigation. disclosed-■ that the murdered man’s name is Edward Race, who resides with his family in Hew’Horth Road, near Morningside. It is surmised that last night he and the Fijian must have encountered, and the Fijian must have crept noislessly behind him,! and dealt a fatal blow. This'morning the Fijian again made his appearance 'in the Mount Albert district. Hews has just been received that after felling a washer woman near Mervilles, manager for Brown and Campbell, and breaking her arm, the, Fijian made off. He was hotly 'pursued, and was eventually captured, and .hr now on his way to the Police Station. ' Henry Louis Rees, who was murdered this morning early on the new Horth road, near the Wesleyan Chapel, by the Hew Hebrides Islander “ Joe,” left home to meet his wife. He missed her on the road, and on his return home early this morning was met by Joe, who was hiding - in the scrub evading the search of the police, which had been maintained all night. The temptation to - kill was too strong for the Islander, and he crept up noiselessly behind the poor fellow; and felled him to the earth. The surrounding ground and little pools of water are marked and discolored with blood, but there are no other marks to denote a struggle. The wife of Rees, oh hearing of the outrage this morning, had a presentiment that the victim was her husband, as he' Fad not returned home. On - going to the spot

THE ASHBURTON GUARDIAN, THURSDAY, SEPTEMBER 80, 1880.



afs



All orders for insertion of advertise ments must be written legibly on the face of the advertisement. When no order is given the advertisement will be inserted until countermanded, and charged accord ingly. All notices of Births, Marriages, or Deaths must be accompanied by the sig nature of the sender, as a guarantee of good faith. All advertisements and business letters to be addressed The Manager ; literary communications should be addressed to The Editor.



Sporting. RACING CLUB. ANNUAL MEETING. WEDNESDAY AND THURSDAY, November, 17 and 18, 1880, FIRST DAY. 1. Handicap Hurdle Race of 50 sovs. Distance, 2 miles, over 8 flights of about 3ft. 6in. high hurdles. Nomination I sov.; acceptance 2 sovs. 2. District Handicap Hurdle Race of 20 sovs. Distance, 1% mile, over 6 flights of about 3ft. 6in. high hurdles. Nomination 1 sov.; acceptance I sov. District horses only. 3. Ashburton Cup Handicap of 70 sovs., added to a sweepstake of 5 sovs. each for acceptors. hi omination, 2 sovs.; ac ceptance, 2 sovs. 2 miles. 4. Ladies’ Purse, of 25 sovs.; welter weights for age; gentleman riders, who must be members of the Ashburton Racing Club, Entrance 2 sovs. 1 % mile. District horses only. 5. Selling Hack Race, of 10 sovs. No weight under Bst. Winner to be sold by auction immediately after the race for /20, any surplus to go to the fund. Post entry, |i sov.; about 1 % mile. SECOND DAY. 1. County Steeplechase Handicap of 30 sovs. : over 2 miles of. fair hunting country ; nomination I sov. ; acceptance 2 sovs. District horses only. 2. Racing Club Handicap, of 50 sovs. : nomination 2 sovs. ; acceptance 2 sovs. ; Weights to be declared at 9 p.m. on the evening of the first day’s racing; miles. 3. Farmers’ Plate of 30 sovs. : weight for age; entrance .2 sovs. ; 1 mile. 4. Consolation Handicap of 20 sovs. : for all horses beaten at this meeting ; nomina tion 1 sov, ; acceptance 2 sovs.; 1 mile. 5. Trotting Race (Handicap), of 15 sovs.: (Isthorse, 10 sovs ; 2nd horse, 5 sovs.) Catch weights; 3 miles ; nomina tion 10s. ; acceptance 1 sov. District horses only. Rules and Regulations. Qualification fee £2 2s. ; members of the Ashburton Racing Club free. No entry will be received for any of the races except on the condition that all dis putes shall be decided by the Stewards, whose decisions in all cases shall be final. A district horse shall mean a horse which has been commonly resident in, and owned by a resident in the County previous to Sept. 1, 1880, and up to the date of the forthcoming meeting; provided always that any district horse shall not be disqualified from having run in his hona fide owner’s name in races outside the County during the above-mentioned term, Canterbury Jockey Club rules strictly adhered to unless otherwise specified. No protest will be entertained unless L2 2s be deposited, which will be forfeited should the protest, in the opinion of the Stewards, prove frivolous. All entries and nominations to be in the hands of the Secretary, addressed to Quill’s Commercial Hotel, not later than nine p.m. on Tuesday, November 2nd. Weights will be published on Saturday, November 13th. Acceptances and Sweeps to be paid to the Secretary not later than nine p.m. on the night of Monday, November 15th. All entries to be sealed and addressed to the Secretary, Ashburton, enclosing entrance fees, name and age of horse, and colors of the rider. Any jockey riding in other than his declared colors will be fined one sovereign. Horses walking over will receive only half the stakes. JAMES WILKIE, 2760 Hon. Sec. Amusements. This Evening. CALEDONIAN SOCIETY. GRAND ANNIVERSARY CONCERT, OF SCOTCH MUSIC, DANCING, &C., IN THE TOWN HALL, ON THURSDAY EVENING, SEP TEMBER 30. PROGRAMME : Introductory Address President Bagpipes “ Pibrochs” Piper Elder Piano...“ Reels and Strathspeys”...Miss Kidd Dancing. In Costume The Gldns (Messrs Kidd, M'Rae, Reid and Macduff.) Part 50ng,...“ Scots whahae” Party SoNG...“Auld Robin Gray”...Mrs Craighead Song “Scotland Yet”....Mr Craighead Reading “ Tam o’ Shanter” ONG “ “2Tg’’ Mr G - D - BKANSON rAELic Song Mr D. Campbell ONG " iF he ?? rm !,...MrMacLEAN Dunn o oor Door Sword Dance...Ghilie Callum....Mr M'Rae INTERVAL OE TEN MINUTES. Piano Jessie’s Dream Miss Kidd Dance... The Highland Fling...Mr MacDuFF Song...“ The Auld Scots Sangs”...Mrs Dunn Mrs Brookshaw Song “ The Cameron Men” Mr Craighead Song . Mr G. D. Branson (“ Wha Wadna Fechtfor Chairlie,”) Duet “ Caller Herrin” Two Ladies Tri0........ “ Willie Brewed a Peck” Party Songs—The Rowan Tree, The Land o’ the Leal, etc., as time may permit. Reel o’ Tulloch The Clans “AULD LANGSYNE” in Chorus. National Anthem. Tickets —Dress Circle, and a few Re served Seats in front of the stage, 3s ; second seats, 2s. ; back seats, la. To be had of members of the Committee, at the several stores in town, and at the Hall on the night of the Concert. Apply early, as there is a demand for seat room. Doors open at 7.30. Pibroch to strike up at eight. A D A N C E will take place after the Concsrt, tickets for which—2s. fid. —may be had of the Dance Committee. 92102600'



Circular. To STATION-HOLDERS, LANDED PROPRIETORS, FARMERS, CATTLE - DEALERS, AND THE RESIDENTS IN ASH BDRTON AND SURROUND ING DISTRICTS. Messrs. Quill & Co., AUCTIONEERS, STOCK, LAND, & ESTATE AGENTS, SAUNDERS’ BUILDINGS, Ashburton, X>EG to announce to station-holders, landed proprietors, fanners, cattle dealers, and residents in Ashburton and the surrounding districts, that they hare COMMENCED BUSINESS in the above line ; and, from their long experience in the various departments, feel assured that all commissions en trusted to them will be conducted satis factorily to their patrons. Sales will be held as required, at the Salerooms and Yards in Ashburton, or any part of the district. They will also hold a Regular Sale of STOCK, LAND, FARM PRODUCE, FURNITURE, and GENERAL MERCHANDISE, at their Rooms, every Saturday, particu lars of which will be duly advertised. The interest and the support of sellers and buyers are respectfully solicited. Cash Advances made on all classes of Goods placed in their hands for sale. For particulars of Sales please see advertisements. Quill & Co., AUCTIONEERS, SAUNDERS’ BUILDINGS, Ashburton. 238g-918c*