SHIPPING.

POET OP LYTTELTON. Arrived. Yesterday. Emperor, brig, from Newcastle. Borealis, brigantine, from Dunedin. Cleared. Yesterday. Maud Graham, schooner, for New Ply* mouth. "WQPPINOTBLEGBAMB. . - Auckland, Yesterday. aArriyed—lsland Lily, from Lyttelton. Sailed— Orwell, for Marshall Islands; ..Bowen, for Wellington. y .. t New Plymouth, Yesterday. The steamer Wanaka left for Nelson had' Southern ports at 9 o’clock. ' Wellington, Yesterday. Arrived—Mary Low, from London, after an uneventful passage ; Waitaki, ,V from the South; Taiaroa, from Pictpn v and Nelson; Kiwi, from the East Coast; Sauey !>»■, schooner, from Lyttelton. ; ’ Balled—City of Carlisle, |for San Fra n! .Jbboo f.Waitald, for the South ; Kiwi, for - Napier. ■ Port Chaucers, Yesterday. Arrired—Arawata, from Melbourne ; ; j Ta Anau, fromthe North. 'Sailed—Celestia, for Westport. ~. ,

MAIL NOTICES.

Mftilti close at the Chief Post Office for the following places (subject to the neces sary alterations) as under: — Saturday, July 16. For the United Kingdom, via San Fran iaaco. Continents of Europe and America, West Indies, Sandwich Islands, Northern Ports of Now /Zealand, &e., per Wanaka, as follows :—Ordinary letters at 6.30 p.m. ; ;late foe'letters, at: 7 p.m. ; boohs and newspapers, at 6 p.m. ; money orders, at 3“p7M. ; registered letters at 5 p.m. ; guard’s van, 8.30 p.m. train. Mails close at the Ashburton Post Office as followis, For Christchurch and North at 6.30 a. m. 10.30 a.m., and 5 p.m., daily. For Ohertsey Eakaia, &c-, at 10.30 a.m. and 6 p.m. daily. For Dunedin, Tinwald, Winslow, Hinds, Coldstream, Rangitata, Otari, Winchester, mid Geraldine, at 10 a.m. daily.. For Temuka, at 6.30 a.m. and 10 a.m., daily. For Timaru and South, at 6.30 a.m., 10 а. and 4.30 p.m., daily. For Greenstreet, Ashburton Forks, Mbimt Somers, and Ashburton Gorge, Ml Tuesdays and Fridays, at 10.30 a.m. ■ For Ashton, Waterton and Longbeach, at 4.30 p.m. daily. For Wakanui, Elgin, Seafield, New land, and Kyle, on Tuesdays; Thursdays, and Saturdays, at 6.30 a.m. '■•Mails arrive at the Ashburton Post Office— From Christchurch and Rakaia at 10.25 . a.m., 4.40 p.m., and 7.50 p.m. From Ohertsey, &c. at 10.25 a.m. and A4O p.m. daily. From Dunedin and intermediate places at 5.35 p.m. daily. From Temuka and Timaru at 10.60 a.m. б. p.m., and 3.15 p.m. daily. ' From Greenstreet, Ashburton Forks, Mount ■ Somers, and .Ashburton Gorge on Wednesdays and Saturdays at 3 p.m. From Ashton, Waterton, and Long beach at 10 a,m. daily. . • From Elgin, Wakanui, Seaneld, New . land, and Kyle, on Tuesday, Thursdays, and Saturdays, at 4 p.m. W. St. G. • Douglas, Postmaster

DAILY MEMORANDA.

c AUCTION SALES. n - ■—j Tm» i ■

, , Alfred Harrison, at his yards—Ten horses u * and foals ; 12 o’clock. Mr J. Iveaa, at his yards and mart— Sundries, trees, etc.; 12o’clock. , ; , Monday, July 18. ‘ J. T. Ford and Co., at Messrs. Fried v . lander Bros.’ Grain Store—Freehold Property; 1 o’clock. MEETINGS, AMUSEMENTS, &c ‘ To-night, Thursday, July 14. Thistle Lodge, S.C., Emergency Meeting, ' Masonic I&U, 7.30 p.m. ' Saturday, July 16. Aahbdxton’School .Teachers’Association, Borongh School, 2 p.m. . Monday, July 18. ' Parish of Athburton —Meeting of Parish ionezs, Librarg Hall, 7.30 p.m. : V July 25. i Borongh Couficil, at Borongh Council l V; Chambers, at 7 o’clock. ; 7 1 . Tuesday, August 2. Ashburton Permanent Building and In vestment Society; Monthly Meeting, from 6.30 to 8.30 p.m. _ Wednesday, August 3. County Council, at the County Council Chambers, at 11 o’clock.

The Ashburton Guardian. Magna Est Veritas et Prevalebit THURSDAY, JULY 14, 1881.

TOWN EDITION. [lsmed at 4.10 p. n*. j

Police Oouet.— As there seems 1o be some missapprehension in the public mind as to the Ponce Court business on the two next days, we may mention that to morrow the two highway robbery cases at South Bakaia will be heard, and on Sa turday the charge against Mr and Mrs Buxton, already partly heard, and the case for the prosecution completed.

The Old Mnn’s Home.—The altera tions in the Old Men’s Home are not to be as extensive as the public imagine. They will not cost more than from L2O to L3O, and will consist almost entirely in work done to the room at the further end of the building, devoted to the invalid inmates. There are three of these at present, and the room is obviously unsuit able, being too small; and besides that, in winter time, too full of draughts from the numerous cracks and crevices consequent upon the age of the structure. There are now 46 inmates, whose ages vary from oyer 80 to 23, the latter being one of three under 30 years of age forwarded from hospitals as incurable. The inmates appear to suffer more from rheumatism than from atiy other complaint. In their sitting room they make large fires, and get chilled on going back to their small sleeping rooms. The food seems abundant in quantity and of fair quality. The cooking arrange ments also are good. There is very, little doubt that before long a new and enlarged building will have to be erected. There are strong reasons for its being put up on the same site as at present. The proposal made for its being erected in Armagh street, Christchurch, is obviously unwise, as the central part of - Christchurch, like that of most other large cities, is notori ously unhealthy. On the other hand, the Ashburton Home is in a very healthy situation, upon the Mount Somers and Alford Forest road, just on the outskirts of the town, in the only little piece of rising ground which the place contains, detached, and at some little distance from any other huilfUajE The quality of the water of the townfudi SB is well known, is excellent. Ob s&itary grounds there can be ho reasonable Jmtftipq L as to the Ashburton site being fim preferable to that in Christchurch.

Perch, —Mr A. Shury has informed us that he will receive 200 more perch for distribution in the district. Wo hope shortly to hear of the success of this favorite fish, and that they will soon afford some sport|for the lovers of the Tod.

Waterton Library Hall.—A concert and ball was given in the above ball on the night of the 13th Inst., in aild of the - library ball funds. The hall was crowded; Mr James Davis in the chair. It was considered to be one of the best enter tainments ever given in the hall. Songs were sung by Mesdames Bysh and other ladies, and also by Messrs Teinfin, Osborne, Wheeler, and other gentlemen. Messrs Gilmore, Clothier, and Norish gave readings. Mr Savage recited “ The Battle of Waterloo,” and the Longbeach Christy Minstrels performed most credit ably. The meeting closed with a dance, and gave general satisfaction. A vote of thanks to the Chairman concluded the entertainment, and the dance, which followed, was kept up to the small hours of the morning. I.O.G.T.—The usual weekly meeting of the Will and the Way Lodge, Tinwald, took.place last night, when it was decided to hold an “ open lodge” on Wednesday next, and send an invitation to the Dawn of Peace Lodge, Ashburton, Inviting their officers to fill the office-bearer’s seats in the Will and the Way on that occasion. ■< This evening the Unity Degree Temple hold a meeting in the back room in the Templar Hall, Ashburton, when, one of the . notices of , motion to be considered will be the holding of. the Temple one month in Ashburton and one month in Tinwald, two meetings in_ each month. On Monday evening last, in the Dawn of Peace Lodge, Bro. Williams read, his promised paper, which was well re ceived, the paper being in answer to the question, “ Will the use of intoxicating liquors ever be entirely abolished 1" The paper went so far to prove that it will be abolished, that no one seemed inclined to stand up for the opposite side of the question. „

Ashburton Industrial Association.— A meeting of the Committee was held hut. night in the Town Hall, Mr W. Roberts in the chair. A letter was read from the Harbor Master at Lyttelton, Captain McLellan, stating that he considered that a point near the mouth of the Ashburton river would be the most practicable place for a landing service for sailing vessel a A letter was road from Mr B. G. Wright, M.H.R., stating that he believed a suffi cient sum would be voted in Parliament during the present session to complete the branch railway as far as Wood’s Crossing, Mount Somers, but that beyond that point a private company would have to continue the line to the mines and stone quarries.' A letter was read from the Clerk of the County Council, regretting that the Council had no funds available for making a grant towards the erection of a Museum building. Some accounts were ordered to stand over until the annual meeting of the Association, which will take place on the second Wednesday in next month. The meeting then adjourned.

Ranoitata Road Board. The ordi nary meeting of the Board was held last Tuesday. There were present—Dr Trevor (in the chair), and Messrs Morrow, Gibson, and McColl. A letter was read from the

Mount Somers Road Board, enclosing .art amended statement of accounts, and -re commending that the division of property be referred to arbitration. The Upper Ashburton Road Board wrote to the same

effect. On the motion of Mr Morrow, Mr George Roberts, of Christchurch, was appointed arbitrator for the settlement of accounts with the two boards. A letter was read trom the Commissioner of Re serves, stating that ten acres would, gazetted as a reserve for a cemetery. Accepted tenders for several works in the Rangitata district .wera.Jorj.- warded by the Upper Ashburton Road 1 Board. The Clerk was instructed to plot on lithograph maps suitable places for gravel reserves, and to apply to the: ChW£. Surveyor to have them set apart for; the Board. The Clerk was also instructed to report on the main roads which require to be defined by a ploughed furrow for the guidance of travellers. He was fur ther instructed to sub-divide the district into five wards, having each a nearly equal rateable value. A vote of thanks was passed to Mr McColl for the manner in which he had promoted the formation of the district. It was decided in future to hold the meetings of the Board at noon on the second Monday in each month. Some accounts were passed for payment, and the Board then adjourned. Tinwalo Temperance Hall Company. —The first general meeting’ of share holders in the Tinwald Temperance Hall i Company was held in the company’s hall on Tuesday evening last. There was a good attendance of shareholders present The Chairman (Mr Thomas Williams) read the report of the Directors,. which, after giving the history of the company from its origin to the present time—the company having been registered in September, and the hall finished in December last—stated that the company was in a very prosperous condition, there being 168 shares taken up and paii for at LI, and the property was at L 207 10s, the total expenditure having been only L 220 12s, which left the pro perty worth within Ll 3 2s 9d of what it has cost to float the company, get it legally registered, buy the land, build the hall, provide the necessary furniture and i lamps, pay the insurance, and all other, incidental expenses. The report further stated that if the necessary number of shares had been taken up at the first start, instead of their having to borrow, the receipts would have enabled the Directors to have reserved a sum equal to 5 per cent., and declared a dividend equal to 20 per cent, per annum for the last six. months; and the report recommended that 30 or 40 more shares be at once taken np, in order to pay off the overdraft, and thereby, get out of debt. Sixteen new' shares were at once applied for in answer to the appeal. The report also recommended extending the hall, and adding another wmg for the purpose of a public library and reading-room. It was decided that plans and estimates for the same .be pre pared. It was also decided that the num ber of Directors bo reduced to seven. The election of Directors then took when the following were elected : Messrs Shearer, Reeve, Williams, Jeph son, Hawkins, Jones, and Gudaell. | Messrs Chichester and Beaumont were nominated for auditors. Mr Beaumont (the late auditor) was re-elected. After the usual vote of thanks to the late Board of Directors, the Trustees (Messrs Carter, Gundry, and Smith), and the Treasurer (Mr Smith) had been passed, and also a hearty vote of thanks to the Chairman and Secretary (Mr Thomas Williams), the general meeting closed, every share holder present expressing very groat and general satisfaction at the excellent con dition in which they found, all the affairs of the company. Immediately afterwards the new Board of Directors held their first meeting, and proceeded to elect their Chairman. Mr Williams was nominated, but declined to stand on the ground of being a candidate for the office . of Secretary. Mr 0. P. H. Jephson was then unanimously elected Chairman. It was resolved that the Secretary be a paid officer, and Mr Williams was un-; animously elected. He then tendered his resignation as a member of the Board of Directors, having accepted a paid office . Mr Robert Innes was duly elected in his stead. It was resolved that the .Chairman and Mr Hawkins be empowered to sign cheques on behalf of the company, and also that the Board meet on the second Tuesday in each month. After some small accounts being passed for ‘ payment, the meeting closed.

SUPREME COURT CHRISTCHURCH.

At the nisi prius sittings of the above Cbuijt,. yeaterday^^thcfolio wing case of interest foA shbufton, readers Was' com menced before his. Honor Mr Jdstice Johnston, and a special' jury, of which Mr 0. R. Rlakistoh was chosen fore mnn

CREDITORS’ TRUSTEE OF JOHN FRASER AND

' - OTHERS V. BROWN AND BEAUMONT. Mr Joynt appeared for the plaintiff; Mr Garrick, with.him Mr Holmes, for the defendants. This was .an action between the Trustees in bankruptcy of John' FraseV - ,' Alexander Dqnlop, and Daniel Hander-' son, trading at .Mount Somers under‘the style ,of John . Fras.er and. Co., and WilHam Brown and John Beaumont, assigned under a dead, of the joint and separate estate of the same firm, the object of f the action being to have the said deed set aside, in order to allow the debtors' estate to go for the benefit of the separate, its-well as the joint creditors. Mr Jojynt called the following evi dence

Hugo Friedlander : 1 1 am creditors’- trustee in bankruptcy of'John Fraser, Alexander Dunlop, Nicholas Grigg, and George Guild,' who carried on 'a' firm of contractors under the name of Fraser and Co. ; also trustee of the -firm of' Ffkser and Dunlop ; also of 'the • firm of Grigg and GulM j atso of John Fraaor ? Alexander Dunlop, and Daniel Henderson, who traded under the name of JohnFraserand Co. The first-named carried on business at Tinwald. Fraser and Dunlop were contractors also at Tin wald: ‘ -Grigg and Guild lived at Wester field,' near ‘ Ashburton ; they also were rconlractort.’ John Fraser and Co. were storekeepers atJMount Somers, about 25 miles ’’from Ashburton. I had, as a mem- • borof Friedlander Bros., dealings with all, and Daniel Henderson separately.' We were creditors of the'joint estate, ai>d of the> several estates. Wo dealt with the Mount Somers firm eversince they opened ' business—about the- beginning of' 1880. .They had been only- six months in busi .ness when they called a meeting' of credi .ton. On June 9, 1880, that firm was in debted to us to the extent of L6l>l9s 7d. Of this L 29 7s 3d was on -account- Of a promissory note, the rest was for goods' supplied. The note was signed ‘.‘John •Fraser and'Co'.” - We tendered to the trustee proofs of the debt. They were not returned to its. I received alerter on

the subject from Messrs Garrick and Ooli shaw, rejecting our proofs [letter read]. On June 9 we had a claim against .Daniel Henderson for‘L23 3s 7<L -The', claim against John Fraser and Oo.; is still un .-satisfied. We tendered a proof of the ■ claim against Daniel Henderson and it was rejected. On June 9we .were credi tors of the firm of Fraser, Duulup, Grigg, and Guild to- the amount of -. L 1,354 7s; Bd, consisting of a promissory note for L 1,298 15s 2d; signed by all of them, and a current account for goods. I.tendered a claim for the amount of the note; and it was rejected. All these claims are still unsatisfied. I at tended no meeting of the creditors of Fraser and- Co., relating to the deed pf assignment in dispute. I believe the firm had- notice of the meeting. I did not see the Of my own knowledge I don’t know that a notice was received, by our firm. 1 know that my brother atr tended a meeting of the joint creditors, called by Henderson. [Mr Joynt read and put in-the minutes of two meetings of Jphn Fraser and Co.’s creditors.] I know of. separate,assets of the individual mem bers of the'firm of John Fraser and Co.' John Fraser had an interest in the Ash burtfin railway contract. Henderson had a house in Ashburton. 1 bought the sectioii for him, and built the house. I kllow that a’ certain amount of ' the cost

has been paid; off to the' Ashbnrtpn Building Society. by "Mr Gkirick: We had accounts with each fitm—John Eraser,- and Co., and Grigg, Guild; and Fraser. The account Of Daniel Henderson is not in this book ; my clerk has not brought the ledger in which it is. There is an account against Grigg and Guild. There is no such account

as Fraser and Co. I have an account of Grigg and Guild’s estate, in which 1 enter my expenses as trustee. Hen derson told me that the Mount Somers

firm was Fraser, Dunlop, and himself.

Their account shows their indebtedness exclusive of the promissory note. The account of Fraser and Co. shows an in debtedness of L 1,298 odd on accpunt of promissory note. All four told me they were partners, and asked me to open an account. The promissory note was given for railway sleepers, and had not, as far as I know, anything to do with the Mount Somers firm. The accounts were rendered to Messrs Grigg, Guild, Dunlop, and Fraser. My brother attended a meeting of the creditors of the Mount Somers firm, who were going -to make an assignment. Henderson'told mo a number of bills’ were coming due and they wished to arrange for them. I did not know that they were going to make the assignment 1 know now that they were going to assign. I gave my brother no instructions. 1 cannot remember that he reported what he had done. There are three of us None of us attended the meeting your office. I saw the notice in the paper [Notice read.] —Re-examined : There is a bill for L 27 9s 3d due July 4, 1880, signed John Fraser and Go. [Produced.] The next is a promissory note signed by John Fraser, Nicholas * Grigg, George Guild, and Alexander Dunlop for L 1,298 15s 2d. That is the note in my claim against Fraser and Go. The last I heard of Fraser was that he had gone from Napier to some gold diggings near Sydney. [A number of documents were here read, also assignment of contract, etc.] ■ John Beaumont, one of the defendants : I am a member of the firm of Wood,

ShandandCo. I produce the accounts with John Fraser, relative to the railway contract. The balance due to Wood, Shand and. Co. is LI, 927 12s 7d on the contract account. Most of the items are cash advanced. I produce account against Fraser and Co. in connection with the Malvern' water-race.' It is 'the same Fraser. This account was continued in , the Ashburton railway account. LI,OOO of the . forward is for horses aha plant. The aruounts paid by Government on account of the rail way are shown in the ledger [produced]. A payment of L1,193' 9s Id Was made in September, 1880. [The witness gave a detailed list of the accounts.] —To his Honor: On June 9 we anticipated that on the closing of the railway contract there would be a balance of a few hundred "founds in favor of John Fraser and his partner; Dunlop. I did not know of any other partner in the contract.—To Mr Joynt: The transfer of the horses and plant for LI,OOO was arranged, witfljphn Fraser, not by me, but in the office. Looking at the entry, 1 should say the sale was effected on August 4 I was then in England. I produce a letter from John Fraser to Wood, Shand and Co., dated June 4, 1880, offering to return the horses and plant. [Letter read.] Our firm re plied, on June 7.' [Bead; it stated that the horses and plant had been sold, not .lent, to Fraser.] Furthercorrespondence between the respective solicitbrs of Messrs Fraser and Wood, Shand and Co., was read. —Cross-examined by Mr Garrick:. I have- no personal knowledge of the sale of the horses to Fraser. The amounts com ing to me from the Government were by virtue of the assignment of the contract. The Government agreed to the deed. We jaid the deposit of L4OO for Fraser when le tendered. There is a balance of L 596 0s 2d, including the L4OO, due from Go vernment. There is how due to us from Fraser, L 740 4s lOd, Without interest, from Jurie, 1880. —To his Honor: Fraser would owe us a balance of L 144 4$ Bd.

Re-examined: That, account is made up partly of the LI,OOO for the plant, and interest onit. 1 The interest was 10 per cent., and there was 15 per cent, commis sion on the highest amount of the over draft. The goods would be sent some times to John Fraser, and sometimes to Fraser and Co. -Idon’t suppose the store man would know.

Alexander Dunlop : I am member of the firm of Fraser and Dunlop ; also with Fraser,- Grigg, and Guild, called Fraser and Co. ; also partner with Fraser - and Henderson, at Mount Somers. Fraser and Dunlop carried on -the contract for water-works at Malvern.. Fraser and Co. were contractors for the railway, having ah assignment of John Frier’s contract with the Government. A draft deed of assignment was sent u|» tfl us by the •solicitors of Wood, Shand, aud. Co. It was not signed. Fraser had it. He has left the colony. Fraser has-been seen in New South Wales.. A letter has been ■recently received that he has been seen in the bush with a survey party. The deed was a general assignment of moneys, piant, and everything connected with the firm of Fraser.and 0o„ . It referred to the railway contract. Fraser and Co. had considerable liabilities on June 9. [The four days’ statement was here produced.] —Cross-examined by Mi Holmes : I re ceived a writ from Wood, Shand, aud Co. just before the assignment. I ne'er read the Jour days’ statement of John Fraser and Co. I saw Fraser and Henderson sign it, and I was satisfied. John Fraser is the business man of the railway con tract, »nd of Fraser and Dunlop. Hen derson had charge of the Mount Somers store. I was to put L2OO into this busi ness, but did not. I believe Fraser put money into it; I don’t know if Hender son did. Mutch and M’Kenzie were : creditors forabout L7*

George Guild, a member of the firm ol Fraser and 00.,- gave confirmatory evi dence. -

David Thomas, auctioneer We sold a. lot of horses and contractor’s plant on the order of Mr Brown._ They were on James : Stark’s premises, Lincoln road. The sale realised gross L 651 19s 6d, and net L 403. His Honor ; What, L 250 expenses !

Witness: There were a lot pf expenses to pay for the' horses to start with. I don’t know what the ' net proceeds were. The account sales give L 559 14s 6d gross, and L 521 2s Id net. It was sold as Fraser’s estate. I can explain any mis* take. There is over LIOO worth of other goods added in the rough auction book. There was an entire horse sold. Mr Durilop—recalled: There was a gelding in my private account, which was sold at the' same sale. Mr Brown took possession of him. Nicholas Grigg gave similar evidence. Daniel Henderson corroborated his partner’s evidence. The fact that several firms had separate creditors on July 9 was admitted. ' ■, William Anderson, Saddler at Ashbur ton, valued Henderson’trhouse at L3OO. This was the case for the plaintiff. His Honor hinted to Mr Garrick to move for a nonsuit.

After considerable discussion,- in the course of which Mr Garrick quoted Jones v. Harver, 40 L.J. Queen’s Bench 59. The following evidence was taken for the defence

William Brown, examined by Mr Holmes :—I am manager in Christchurch for Messrs Sargood, Son, and Bwen. I know Fraser and Henderson. They came to see me in May 1880 in reference to a writ served on them for a bill of Wood, Shand, and Co., dishonored by them their firm was John Fraser and Co., Mount Somers. We also had an overdue bill of theirs. I told them their only course was to file or make an assignment. They agreed to call a private meeting of their creditors at-, oar office. I took the minutes. The debtors made a statement of liabilities and assets, showing that, they: had stock ,of something like LI,OOO, book debts of about LSOO, and liabilities of about LI,200!. In addition they furnished' a statement that Fraser’s share of a contract to come in would be at the lowest Ll5O. Dunlop was not present, but Fraser made a similar statement on his behalf. Hendor son made a statement that he had a house, the equity of redemption of which he valued at L2OO. This made in all about L 2,000 assets. They therefore showed the creditors a surplus of close on LBOO. They were informed that they would have to file, or make an assignment of their Mount Somers store. The assignment was agreed upon. The resolution was- “ That , in consideration of Messrs Wood, Shand, and Co. withdrawing legal proceedings, the estate be assigned to Messrs Brown and Beaumont, to be carried on for the benefit of the creditors.” Fraser and Henderson told me that Fraser and Dunlop were to have contributed L4OO each, and Henderson vfas to have given L2OO, but that all they could give now wonld be Ll5O each, the amount the were to receive from the contract. No proofs of debt were given, but Mr Friedlander said that his firm was a creditor for about LSO. After that meeting the deed was prepared./ Mr Beaumont went with mo to Messrs Garrick and Cowlishaw’s. I believe Fraser went, but l’m not certain. I had never received notice of any act of bankruptcy on the part of Fraser and the others! There was no understanding that the debtors should receivpfavor on account of their signing the deed. 1 was present at a meeting when the deed was confirmed. It had been executed. —Cross-examined : The store business Was to be carried oh. That was the estate to be assigned- The debts were in connection with the Mount Somers business. . They said that the Ll6O coming to them from the railway contract would bp net, after paying their liabilities on that contract. Jt don’t think that they said it would be after paying their liabilities. No reference was made to debts in connection with that contract. They were to carry on the business as our servants. Nothing was said in my presence as to paying Henderson’s private., debts. There were running monthly accounts, for which we put down LIOO. That sum had reference to those accounts only.—Re-examined : They stated that they were ■ perfectly solvent —words to that effect.

Alexander M‘D. Cooper, Manager of the Bank • of Australasia, Christchurch, examined by Mr Garrick : The Bank was a creditor of John Fraser and Co. I was present at a meeting in your office. I consented to the deed of assignment. I had heard of their having dishonored a bill. My assent was bona fide. There was no arrangement as far as I know, that they were to get any benefit not mentioned in the deed.—To bis Honor ; 1 believed the deed was for the benefit of all the creditors.—Cross-examined : I was not aware that the deed was assigning the joint property of the firm, and the sepa rate property of each member, for the benefit of the joint creditors only. At this stage the Court adjourned t}ll this morning when some further evidence was taken. His Honor directed the jury to be discharged as a motion for a decree of the Court was admitted.

CABLE NEWS.

LATEST FROM EUROPE.

[per reuxer’s agency.] Commercial. London, July 12. Adelaide wheat, ex warehouse, re mains, at 49s j New Zealand wheat, ex 'ship, 485; Adelaide flour, ex warehouse, 34s 4d. Australian tallow, best beef, is quoted at 35s 6d, and , best mutton at 395. The Home Ruler Declines. Mr Wi. Shaw, Home Rule member for the County Cork, has declined to

accept a seat on the Land Commission which is to be appointed under the provisions of the Irish Land Bill. The Fever Abating. Washington, July 12.

The latest bulletin reports that the President’s feverish symptoms have abated, and that he is progressing favorably.

Requires Confirmation. Paris, July|l2.

Telegrams, which, however, require confirmation, are to hand reporting that a large body of armed Arab tribes are marching from Tripoli to Sfax, to assist the Insurgents there against the French. The Arabs Still Hold Out. The latest news to hand from Tunis announces that the bombardment of Sfax by the French fleet continues, but the Arabs still hold out.

AUSTRALIAN.

fr*R RBDTEr’s AGENCY.] The Steel Bails Dispute. Brisbane, July 13. In the Legislative Assembly last night, a debate took place on the sub ject of the Commission which met in London to report upon the charges in reference to the contract for the carriage of steel rails. In the course of the discussion, Mr Griffith (leader of the Opposition) made a speech in which he acknowledged he had been mistaken in accusing the Premier (Mr Mcllwraith) of complicity in connection with the contract, but he renewed the charges previously made against Mr Ashwell, the engineer representing the govern ment in London,, cf collusion with a : .firm of which the Premier’s brother was a member. Mr Griffith concluded by moving a motion setting forth that the contract for the carriage of the rails had been made subordinate to the interests of private persons. The debate con tinued for some time, but was at length adjourned to next sitting.

TELEGRAMS.

[per press association.] Arson.

Auckland, Yesterday.

The verdict in the case of Bmdpn Bros, was in the following form ; “ Guilty, with a strong recommendation to mercy, on account of the carelessness of the in surance agents, which offers an incentive to crime. Death from Exhaustion. Mrs Catherine Webster, a patient at the Lunatic Asylum, who had persistently re fused food since last December, or to speak or open her eyes, died of exhaus tion. The verdict at the inquest was, “ Death from natural causes.'’ The “Lance” Makes an Abject Apology. Auckland, To-day. The criminal prosecution for libel in stituted by Mr W. J. Hurst, against Mr W. D. Wickham, has ended, the latter pleading guilty by tendering an abject written apology, in which he acknowledges the defamatory statements made by him against Mr Hurst to be false, and with out the slightest foundation. He binds himself to pay L2O towards the prosecu tor’s expense, while regretting not being in .aposition to pay more; and undertakes to refrain from publishing criticisms on Mr Hurst for the future. The apology was accepted. The Judge, in passing sen tence, told, the defendant that had the case gone to the jury, the consequences would have been serious for him, and his conduct in publishing libels on Mr Hurst was utterly indefensible. Defendant was fined Is and costs being impcsed. Mr Parris and the Natives. New Plymouth, Yesterday. Mr Parris returned to town last night from Pungarehu, and stated that he had not succeeded in settling the difficulty, although the natives have left. The dis puted ground is about half an acre in ex tent, and adjoins a native reserve. The natives refuse to cultivate any but the dis puted land, which is on the rise of a hill, and not fit for the purpose they say they wanted it for. Matters Sporting. Wanganui, To-day. The Wanganui Spring meeting is fixed for October 21st, and will take place per manently on the Friday before the fourth Monday in October. The programme is the same as last year, the stakes being L 340, and Ll5O added to the principal handicap. Nominations to be in by the 23rd September. The dates for the Autumn Meeting are fixed for the second Thursday and Friday in March, 1882. The details of the programme are held over for a fortnight, and it is expected they will be the same as last year. At the annual meeting of the Jockey Club held last night, the balance-sheet showed re ceipts—L3,6ls, and expenditure, L 3,621, consisting of stakes—L2,949 ; charges, L 398 ; improvements, L 359, and sundries, L 137. Over L 3,300 has been spent in im prevents during the last three years. The assets of the Club show L 2,934 over the liabilities. There was a large attendance of members at the meeting. Fire Brigades Competition. Wellington, Yesterday. I

A hose and reel competition took place this afternoon, between the Carterton and Wellington Fire Brigades. The latter won by six seconds. Supreme Court. The civil sittings of the Supremo Court commence to-morrow, when the action Griffiths v. Johnson will be tried before a special jury. The plaintiff, who is an auctioneer and commission agent residing at Blenheim, sues defendant, the pub lisher of the Mariborough Express, to re cover LI ,000 damages, for an alleged libel published in that journal. The alleged libel was contained in a letter to. the editor, in which it is contended that the writer imputed to the plaintiff that he had been guilty of setting fire to the Government Buildings. The issues were tried at Blenheim in December last, but the jury were unable to arrive at a ver dict, and it was then decided to place the issues before a special jury in Wellington. Rowing. At a meeting of rowing men this even ing the stakes in connection with the re cent sculling championship were handed oyer over to Hearn, the winner. Men tion was made as te the probability of an interprovincial regatta this year, but it was thought unlikely that it could be got up in Wellington.

Intercolonial Weather. Intercolonial weather exahange—Syd ney, Wednesday evening—There was a strong southerly gale with rain yesterday on the east coast of Australia, but the weather is now clearing. High pressure is still general, the barometer being at Perth 30.3, Echuca 30.4, Adelaide 30.4, and Sydney 30.2. Frozen Meat. Dunedin, Yesterday.

Over 3,000 shares have been applied for in the New Zealand Refrigerating Com pany. A telegram has been sent to Lon don for freezing machinery. Admitted to Pratique. Dunedin, To-day. No fresh cases of sickness having oc curred, the passengers by the Charles Worstey, and also the ship are to be ad mitted pratique on Saturday forenoon.

NEW ZEALAND PARLIAMENT.

LEGISLATIVE COUNCIL. Wednesday, July 13. The Council met »t 2.30 p.m. Replying to the Hon. Colonel Brett, The Hon. F. Whitaker said that Go vernment, in filling up vacancies in the Civil Service, gave preference to those suf fering from the reductions. At. 3.20 p.m. the Council rose. HOUSE OF REPRESENTATIVES. Wednesday, Judy 13. The House met at 2.30 p.m. NOTICE OF MOTION. Mr Pitt gave notice that he would move that, under the Property Assessment Tax, building societies should only be taxed on their profits. QUESTIONS. In reply to questions, various Ministers stated: —That Government had not power to prevent juvenile theatrical perfor mances, and they knew of no good reason why such a power should be sought.—Go vernment had under consideration the report of the committee on Mrs Mans* ford’s petition, recommending that they should insist upon civil servants in future insuring their lives for an amount equal to one years’s pay. The point required a good deal of deliberation, all the facts re quiring to be carefully considered.—lt was the intention of Government to make provision for resuming nominated emigra tion, subject to certain restrictions and conditions—Maps showing the proposed new electoral districts were in coarse of preparation, and would be produced shortly. THE RAILWAYS. Mr Oliver moved that a Select Commit tee be appointed to enquire into the man agement and.working of the New .Zealand railways, and to report their opinion on the changes which may appear to 'them desirable to introduce, the committee to consist of Messrs Wood, Ormond, Kelly, Shephard, Saunders, Bunny, Richardson, Wright, Macandrew, and the mover. ; The Hon. J. Hall spoke in support of the motion, stating that Government felt sure that valuable information could be obtained through that channel which could not be had from the ordinary official sources. :

Mr Macandrew thought the question a large one, and one which would take up the attention of the committee for months. The whole subject was one which would have to be gone into elaborately to do any good. He would hot, however, oppose the motion. Mr Richardson said that the subject

was one which should be dealt with ex- r haustively, and that the opportunity for doing so would be far too short. Com mittees of this sort were calculated to dfc organise a service. ... ; " - Major Harris moved an addition lo the : motion, empowering the committee to deal ' with the grievance of railway employees in the North Island in not being paid the full salaries promised to them. Mr J. B. Fisher suggested that it be ah instruction to the committee to deal with the question of the completion of railways. That was recognised to be a most-im portant feature in the payable properties . of railway lines. By completion, he meant all the different descriptions of work “re quired to make the lines pay. In his district, harbor works were and until these harbor works were undertaken it appeared absurd to him to expect that the line could be made to pay. Of course there were other defects that would have to be looked to. In the district sented by the Premier he was fcware that road traffic competed with the railway on more favorable terms. The same thing applied to traffic on other portions of-the ; Canterbury lines.. .

Mr Bunny supported the motion, ana complained of the want of attention to the public convenience in the timing of trains to and from Wairarapa. There seenied to be no effort on the part of the railway to draw all the traffic they could on the line. The fact was, they ran with empty trucks rather than adjust their tariff so as to compete with the road traffic He hoped the committee would go into the whole thing exhaustively. Mr Wood did not see that any good would come out of the committee. The motion as worded was a very wide one, and the time was very limited. An enquiry, to do any good, would have to be on the spot. Sitting in Wellington they could come to no definite conclusion. A complaint had been made that the public convenience was not consulted, and that all the servants on the lines cared about was to shut up at an early hour and draw their salaries punctually at the end of the month. In Auckland a similar complaint had existed, and a committee of enquiry took place. That committeeu recommended that the servants should be paid a small salary, the balance to be made up by a commission upon the paying capabilities of the lines. By that means it was thought that the servants would have a personal interest in making the lines pay. That report was never acted upon ; in fact, it was never heard of any more. He would not oppose the motion, but at the same time, as the proposal stood, he did not expect much good would result from it.

Mr Gisborne adopted a similar view, giving it as his opinion that to do any good the committee would have to prose* cute its enquiries all through the recess. Mr Saunders agreed in the opinion that the committee could not possibly do the work efficiently in the short time placed at its disposal. Mr Murray thought the whole question was one of administration, and ought to be dealt with by the Government itself. To do the work efficiently, the railways should be dealt with by a Board apart altogether from politics. Mr Oliver said that, after the opinions expressed during the debate, he thought it would be judicious to withdraw the motion. Mr Bastings agreed in the opinion that if the lines were to be made a success, they would have to placed under the con trol of a Board. It was a notorious fact that a lot of men had been put into the railways who were thoroughly ineffi cient and otherwise unfitted for the work. Any private concern con ducted as they were would have landed itself in the Bankruptcy Court. He hoped the mover of the motion would, before the session closed, take action with the view of getting the lines placed under the management of a Board. Mr Shephard said that so far as they could judge, the present was an early period of the session, and he believed the committee would have power to effect some good. In the matter of railways, as things stood, they were not advantageous to the public, and certainly they did not realise the amount which ought to be. realised. He agreed in the proposal for the establishment of a Board. The motion and amendment were, with the leave of the House, withdrawn. THE POLICE FORCE. Mr Stewart moved--** That a com mittee be appointed to enquire into the reductions and removals in the police force of the colony during the last twelve months, to consist of Messrs Colbeck, Harris, Pitt, Hurst, Shrimski, and the mover.” The Horn W. Bolleston hoped that the. motion would be rejected, as if the House intruded on such matters, that inter ference would tend to disorganise the force. It was a disagreeable duty thrust on the Government, but it had to be done. In the civil police LIO,OOO had been saved, and in the Armed Con stabulary L 40,000. Such being the case, he hoped the House would strengthen the

THE ASHBURTON GUARDIAN, THURSDAY, JULY 14, 1881.



TRAVELLERS’ GUIDE. Trains Leave Ashbubton yob Chbist ohuboh and intermediate stations at 7.6 a.mu,. 11a.m., and (Express)s.4B p.m. Tba»» Leave Ashbubton fob Timabu and-South, at 6.55 a.m., 10.36 a.m. (Express), and 460 p.m.—the latter pro . ceeding no farther than Timam. Tbains Abbxvb at Ashbubton fbom Ohbjsxchuboh at 10 24 a. m. (Express), 4.40 p.m., and 7.45 p.m. Tbains Akbive at Ashbubton fbom Timabu and Sooth at 10.50 a.m., 6.34 p.m. (Express), and 8.16 p.m. T . H B R M A N’ S - * NO. 3 CONSULTATION ' ■ ON THE CANTERBURY JOCKEY CLUB HANDICAP, To be run AT CHRISTCHURCH, NOV. 8, 1881. 65' Nominations and 10 Stars, number of Prizes, 75. .2000 Members, at 10s each. Hurt Horse... Second Horse Third Horse Other Starters (divided) ... Non-starters „ ... 10 Stan at £25 each Total ... Total £2OO 100 60 100 300 250 £IOOO The Ten Stan at £25 each are extra Prizes, and will he paid immediately after the drawing. Two stamps necessary for reply and result. Cheques must be crossed, with Is exchange added. To dose the end of September. Address— J. HERMAN, Tobacconist, 5440 Main Southßoad, Timaru. AND LARGE DISCOUNTS. 4s. in the £ RETURNED to all Customers purchasing Mens’ or Boys’ Clothing, this Month only, at £ VrSrR E T T BR O S., ■“ r Havelock btebbt. .Twqrfihillings in the Poqnd returned ‘ purchases, 4s in the £ or 20 per cent. 1



X\TANTED—A Certificated MASTER y\f ; fm&the Mount Sqm eft. School * wife" to teach sewing. Salary, £l3o,less TO per ceqt. Seating Mistress, £l2 per year.; sii*n>cmqd‘ hooae. ■;> > S6oc WANTBP— 20,000 Bushels of GRAIN to Crush, at 29 per bushel. Mato and Hunt. 201 c WANTED KNOWN—That the Under signed is prepared to put and keep in ORDER GARDENS, by the day or year, at very low rates. Apply, J. Lino, Mayo's Block. 185 c WANTED immediately—CHlCOßY DIGGERS. Apply at Works, Moore street. E. B. Pearce. 180 c TH7ANTED EVERBODY to know that V y HORSE COVERS can be bought for 17s 6d (former price, 265), at S. Stephens’, Saddler, Tinwald. 726 a TK7ANTED KNOWN—That A. Farqtj v V hae has leased BUTLER’S BIL LIARD SALOON, and requests a visit. Pool every evening at 9 o’clock. 93c rrTANTED KNOWN—That Robert W Elston, Burnett street, Ashburton, having procured the Newest Apparatus, is prepared to SWEEP CHIMNEYS at very low rates. Any orders left at the Town Hall will receive prompt attention. 81c WANTED KNOWN.—Young Ladies’ . Journal, la 7d ; Bow Bells, Is 7d; Family Reader (Monthly), Is 2d ; (Quarterly)do., 2s 2d; Family Herald, Is ; London Journal, Is 4d ; Ac., Ac. A large assortment of School Books and Stationery of every description. Hymn and Prayer Books, &c., Ac. Subscribers wanted for every Newspaper and Periodical published. Books, Piece Music, Ac., not in stock can be supplied to order, at lowest prices. L. F. Andbewes, Bookseller, Stationer, and General Newspaper Agent, Bast street South. 953 a WANTED KNOWN—That Miss Verrail is now showing her Winter Stock of Millinery, Dbapbky Ac. Stay and Corset Manufacturer. Dressmaking done on Premises, Colombo street, opposite Cookham House. 630 a WANTED KNOWN. Ashburton REGISTRY OFFICE for Male and Female Servants. —L. F. AnDRBWKS begs to inform the public of Ashburton and surrounding districts that he has opened the above. Male and Female Servants of all classes provided. Em ployers requiring servants and all persons with good recommendations, who are in want of situations, are requested to apply to L. F. Andkewks, Labor Agent, Book seller and Stationer, East street South. 102 c WANTED KNOWN—That the “ Crown Lands Guide ” (No. 3), Now Zealand Ornette, Parliamentary Papers, and all other Government Publi cations can be obtained by applying at Office of this Paper. TTC7ANTED THE GUARDIAN tells v V your Wants for Is., cash. Special Advertisements.



The best value eob beady MONEY is the - MEN’S AND BOYS’ CLOTHING ’ Manufactured by THE NEW ZEALAND 5 Clothing Eactory, Which can be purchased at their Betail Branches all over New Zealand. ~ A SINGLE GARMENT AT THE WHOLESALE PRICE. THOUSANDS OF DISCERNING CUSTOMERS * Testify that the New Zealand Olcthing 1 Factory’s Garments are the Very Best Value for Ready Money. Ashburton Branch ; EAST STREET. , WM. SPARROW. 750 Manager. •* A LL work and no play makes Jack a dull boy,” consequently, bear* ' ing the truth of this adage in mind, Frederick Clark, 1 OF EAST STREET, HAIRDRESSER, Has just imported a quantity of • NOVEL AND AMUSING GAMES > wherewith to while away the dragging hours of winter nights. They meet the requirements of both old and young, and I include playing cards, “ squeezero, &c.; chess and draught men and boards, back ’ gammon, dominoes, go-bang, race game, lotto, &c., &c. , Those having favorite Authors should, . to prevent disappointment, make their i selections from his large stock of NEWEST NOVELS at their earliest convenience, r THE SMOKER’S FRIEND is P. 0., and to preserve the right to this title he . has just imported the following Brands of TOBACCO : —Nail Rod, Vanity Fair, i Ruby Twist, Twist, Ac., Ac. CIGARS , and CIGARETTES: Hsvanna and Cuban, Vanity Fair Cigarettes, Ac., Ac., and a [ large selection of novelties in PIPE- I WARE. Haircutting, Shaving, and Shampooing i Saloon, Montgouw»> , »’« Buildings. 720 a O. Carstens & Co., (Late Weston’s), PROSPECT BUILDINGS, Tobacconist, fancy goods, AND STATIONERY. Meerschaum Pipes, G.B.D. Pipes Nailrod, Twist, and Vanity Fair Tobacco A nice assortment of Accordions, Con certinas, Flutes, Violins, Mouth Organs, and Toys of every description, direct from Home. Haircutting, Shaving and Shampooing. BAST STREET ASHBURTON. 267a* B O N E DUST. Bona Bust ON SALE, in large or jmall quantities. Prices, £6 10s and £6 10s per ton. L 950 MAYO & HUNT, % John Meech, PRACTICAL CABINETMAKER, UPHOLSTERER, Ac., BURNETT STREET, Opposite the Mail Office. Cheapest House In Town for New and Secondhand Furniture. kinds of Furniture repaired or ex- i changed. I „ < GOOD PRICE GIVEN FOR SECOND." ■ HAND FURNITURE. 819 l



Special Advertisements. .Pianos. Pianos. PIANOS, HARMONIUMS, and AMERICAN ORGANS For Sale on deferred payments. Also, on Hire, as may be required. (Anyone hiring an instrument and subsequently wishing to Purchase within six months, the amount paid for hire may bo applied to purchase of same. H. M. JONES, Stationer and Bookseller, East street and Baring Square. 366 a



Dr Jaines Murdoch, HAVING taken the House in Bur nett street, at present occupied by Mr Cambridge, Chemist, will COMMENCE PRACTICE in Ashburton, on MONDAY, 6th June, 1881. 951 a



~VTTJRSE.—Mrs Paulino begs to in- J3l timate that she has opened a Private Nursing Establishment and Hospital for Ladies and Gentlemen, and is prepared to receive Ladies to Nurse who require medical attention. Address Moore street, near Presbyterian Manse. 104 c SON, MOATS, AND 00.’S Pure Blended Teas Beautiful Teas ... Nutritious Teas Delicious Teas ... Splendid Teas Faultless Teas ... Bare Teas Genuine Teas ... Valuable Teas Magnificent Teas ... Incomparable Teas Agreeable Teas ... Original Teas Wonderful Teas ... Useful Teas Guaranteed Unadulterated PUBS BLENDED TEAS. NELSON, MOATE, & CO., HIGH STREET (Next Ayers’ Baths), Christchurch. Aoknt, Ashburton — H. M. CARSON. AND 422 a



CLEARING SALE REMAINDER OF WINTER GOODS, W. GAVIN’S, DRAPER, EAST STREET, GLASGOW HOUSE. BARGAINS. BARGAINS. CLEARING SALE. CLEARING SALE. WINTER GOODS. 2610 RBEAVEN begs to inform the in , habitants of Ashburton and surrounding district that he has COM MENCED BUSINESS as General Sta tioner, Bookseller, Fancy Goods, Toys, <Sc., Birthday Cards and Scraps, Scrap Albums and Photo Albums, in rich variety. Atlasses, Exercise Books, Copy Books, Small Account Books, Day Books, Ledgers, Ac. A. Good Selection of the best Literature. Other Goods too numerous to particular ise. Prices very Moderate. Note the address— SAUNDERS’ BUILDINGS, Next the Guardian Office, East street. IMBBR YARDS. Balance of Short Firewood unsold at auction sale will be SOLD CHEAP, for cash, in order to clear it. AT 206 c Hayes’ ALPHEUS HATES. FRESH SUPPLIES of TIMBER, Ac., to hand. 608 a



TBE GUARDIAN is puWhhed every evening, giving every day v «-7;s, up to the hour of going to press. This is better than buying a sixpenny weekly



Footbam. —A first match was playtd yesterday between teams belonging to the Ashburton and Geraldine Clubs, on the, ground of the latter. It resulted in a vie* tory for Ashburton by one try to nil*