SHIPPING.

- ?ORT OF LYTTELTON. Arrived. Yesterday. Durirden, ship, from Newcastle. Mahinapua, s.s., from Dunedin and Oamaru. ■ Wakatu, b. s., Kaikoura and Welling ton. Alary Kins, schooner, from Kaipara to JBgjlgdwXput in wind, bound). i , -Yeotkeday. r Pelican, brigantine, for Kaipara. YTild Ware, schooner, for Peiorua ■■ Sound. .'Wehona, barque, for Kaipara. -a Clematis, ketch, for Peiorua South. Wakatu, a.a., for,Kaikoura and Wel * lington. ■' , r t • Konutal, p.k, for Dunedin. Mknmapua, s a., for Wellington and West Coast ports. SHIPPING tBLEGRAM3. ' ' r , Auckland, Yesterday. Arrived—Laird, barque, from London; schooner Energy from Long Island; EXr. turner, from 1 Grey mouth; Nightingale atad Catherine, from Newcastle; Bauson, from Timaru. , \ Sailed—Te Anan, for the South. Wellington, Yesterday. Arrived —Tarawera, from Melbourne, via South. Sailed—Sophia P v . Luhrs, for New castle; JSJ’fenitil, for Lyttelton,’ Oamaru - and Duneiin; Tarawera, for Sydney, via , Auckland and the East Coast. . 1 ‘ Timaru, Yesterday. Arrived — from Netrcastle. i Dunedin, Yesterday. Arrived—Hawea, from the North ; Cihtk'CiMcQilvaty, from Boston (June . 19th), with cargo for Dunedin and Auck land. - fc £ai]Ljj J for tlje. Northern $6rS? - ' 1 ' .r : i i * 1 iff ? IBiurV, Yesterday, ilie Union»BtitoißMp-.d3ompany’B ex press-steamer Takapunais just passing 9ii»«^StWe r gtfeitk* 1

COMMERCIAL.

;.p^i^pwßTpN i G'UAiyDiAN Office,;/ ""’ : . Saturday afternoon, < B&a.v : iri 'eonjunctibn jyitlt^essrs-.^.-Wilkin and Go.*(per MrF.C. Tabact, auctioneer), report on -Tuesdays sale •s‘fiHS*&-&T-ttte rinwala yatfds a fair 'tatty, of sheep and cattle veretenteredj > The.attend* ’ ance of buyers was less than an average one, and in consequence a dragging sale was the V wsaLt, domes a shade be^isr.date quotations. ffi-TSt Aneeii a very “limited supply ; was penned, the>i}uality being for the majoritywnythihg But first-class; —-fn-stcre-sheep afairbtfSinesswas lte duridg - the week bavjng brcjughtabout a.brisk dema&d for* all classes of good.sheep. Fat cattle : A vfery small entry can\ft to hand; arid' the average price' during-tlftf 'day’s baler would not reach excepting choice quality, about-22s 6p[. oer ipolbs. Store cattle: Avery large {Mftfffi' r'arkfS forward, fn fact too many for oße3nratttht this season of the year. Lambs: Oniytae entry Stme' ta'hdfad, which we sold at IDs 6d and los gd'&ich Fat*' crossbred r . sheep, taidhri£;6d, iss 16s 3d, 1 And x6s eplebdidfot.of Mr Saunders’ we sold at 13$ '£d,and others.from ips to ns ridi. j!l Srare% ! ; rJ Aline'of poo fquij-tpbth cross ’ we bold s’l4s eabh j; 22$ crbss- ' each"; iob hoggets, 10s ad; Sipld .crossbred ew es in lamb, in lamb made 8s yd each. Admail entry Sf pigs came forword and spldi'at' prices a- shade above late quota ons.' ..in. l-i-'.- m\\ ~ ■■ =

DAILY MEMORANDA.

: nT -'-Iff Sitfrißriit, 00t0bbe,,26. Mr Thos. Bullock, at the Arcade, Barrett Street-—Suburban Section. r f.\- !• Tuesday, Ootobbb' 23. IfafeOQt Oqtt and Go., at the, Ashburton fjJ ■ j ; f [>

MEETINGS,’ AMUSEMENTS. &c 1 ■ -Monday, Ootobkk 15. f- HjffßHgh Gouticil, .at -.Borough Council . iifibftntbersi at 7 o'clock. ' 1 > Tbubsoay,.' Ootobee 18.- . Town Nall—Caledonian Gathering, 7.30 yy } ?r: t.V'V;.- ■■ :/ ;!■ /.Pbiday. Octobeb 19. Ashburton Agricultural and Pastoral Asso-. elation—Special Meeting at the'Arcade Chambers, at 230 p.ra. i - £ i; « Novbmbbb 7. ■ Ashburton County Couticil at. Council Übatnbeia; 11 a.m. 2:. i' !WedStksd ay, Novembee IA" Ashburton . Agricultural and Pastoral , Association —Annual Show.

MAIL NOTICES.

Mails sloiw at the Ashburton Post Office follows: ForlOhristchurch and North at 6 a.m. 10.30 a.m., and 6 p.m., daily. a For Chertsey Rakaia, &o* t at 10.30'a.m. Winslow, Hinds, Coldstream, Rangitata, Orari, Winchester, and Geraldine, at 10 ia. m. daily. - For Temuka, at 6 a.m. and 10 a.m., *V, : ):i’ ' : Ks' , !V: 1 ■ and- Sbuthj 'at 6 aimi, 10 a.m., and 430#.nn* daily. - : < For Chreenstreet and Ashburton Forks, on Wednesdays and Saturdays, ,at 3-30 For tfbunt Sdnlers, ohTuesdays and Sstttrdaysy.at;6ia.m.ana:43op,m. Fob Mayfield, on Tuesdays and Satur days, at 6 am. . For Ash ten, Watertoh and Longbeach, st.ASftji'm. .daily. < • - For Fterjyngtoßfjfon Mondays, Wednes days, and Fridays, at 4. 30 p..m. .-r 7i Elgin, Seafield, and Saturdays, at 6j3oa:m. For, Tuesdays and Fri daysatlo.3d^im

The Ashburton Guardian. Magna est Veritas et Prevalebit. SATURDAY, OCTOBER 13, 1883. A Rejoinder.

In our issue of Thursday last we found ourselves constrained to com ment on what appeared to us an incon sistent decision given by our Resident Magistrate. It was with extreme re luctance that we referred to this matter, because nobody recognises more than ourselves the painstaking care with which Mr Baddeley carries out the duties appertaining to the -office he holds. At most we did not consider that more than an error of judgment had been committed, such as the wisest of mortals are liable to, and the affair might easily ha/e been allowed to pass by. Unfortunately, howeVe'r, the : Magis trate possesses one of those friends anathematised by Canning, who has incontinently rushed to the rescue, and has delivered himself of a very prolix letter in defence of the final decision in the case in question. All things considered, we think that Mr John A. Caygill would have shown more wis dom if lie had held his tongue, or rather restrained his cacoethes setibendi. Instead of thlis newly-fledged barrister being satisfied with having gained his case, and at the same time being com plimented by the Bench, he must needs throw the -tegis of his genius over the Resident Magistrate to protect him from what he calls our misstatements. In truth it is a tremendous indictment he brings,against us.: We have delibe rately misrepresented; the grounds upon which a re-hearing of the case was granted, we are loose id our manner of expressing ourselves, and we have not even taken the trouble to Consult our reporter as to what actually took place in Court, As to the first charge we deny altogether that we said The case was re-heard bn the ground that some doubt existed, as to the prisoner’s guilt; on the contrary, we distinctly stated that the facts were allowed by.Mr Caygill, 'who relied for his defence solely upon the testimony he offered as to Dunn’s state of mind when he commit ted the deed he was charged with,. This testimony went to show that when the accused was drunk he was in the habit of committiug acts of larrikinism, and if, as he says in his letter, Mr Caygill didnotlook upon the cutting off ofacat’s tail as coming within this category, why did he bring forward evidence on this poinlf? Regarding the accusation of our being loose in our expressions, the sentence containing this charge is so unique in its way that the temptation to reproduce it is too great to be with stood. Here it is“ ‘You can under stand that excessive drinking might be a reason for committing an illegal act so can I, but it would be when the ex cessive drinking was over and the drinker was suffering a recovery. In most cases where excessive drinking is connected with crime, the drinking may be the occasion or cause of the crime being committed,: bat the crime is committed without any rhyme or reason.” We have treated this pror digious sentence as Sydney Smith did Lord Jeffrey’s handwriting, and read it from left to right and then from right to left, but the result has been the same—the meaning is altogether too deep for us to fathom. If the writer of the letter can explain the paradox that an action may have a cause and yet be governed by neither rhyme nor reason, he would add considerably to our knowledge. The position taken up by us was surely plain enough. It was that while drunkenness might be considered a reason for a man commit ting a crime, it could certainly not be put forward as an excuse or, if Mr Caygill likes the term better, a palliation. If our correspondent be lieves that the evidence he brought for ward as to Dunn’s proclivities when he was drunk was really a justification to mitigate the punishment previously accorded tp him, he is quite welcome to his opinion; but we venture to say that nine men out of ten would regard the establishment of such a principle in the administration of the law as a very dangerous one. The charge of our being unacquainted with the facts of the case is easily dismissed, as the writer of the article which has roused the ire of this angry attorney was pre sent in the Court throughout both hearings, and certainly sees no reason to change the opinion he previously expressed, We never said that Mr Baddeley was not warranted in grant ing a re-hearing of the case, but we think that when the only fresh evidence brought forward dealt with the charac ter of the man Dunn, and did not in any way affect the main facts, the origi nal decision of the Magistrate should have beeh adhered to. If Mr Caygill’s long letter satisfies any of opr readers' that we were in error, all that we can say is that it has not had a like result with uS, and it is questionable if'Mr Baddeley will not pray to be protected from such ill-advised friends in futufe.

Mr C. J. Harper, one of the candidates for the vacant seat in the County Council, notifies in this isaua that he will address the electors of the Upper Ashburton Hiding in ihe Town Hall on Tuesday evening next.

Early this morning a very strong sou’- wester sprang up, and has been blowing with unabated violence ever since. We have not heard of any damage having been done by the wind, but it certainly was the strongest and coldest “puff” from the sou’-west quarter we have ex perienced for some time. Mr H. J. Weeks, of Tancred street, has shown us some very neat Christmas cards, which comprise some excellent views of New Zealand, mountain and lake scenery, etc. They are from photographs reduced to minature size by Messrs Bur ton Bros., of Dunedin, and reflect great credit on their artists. Messrs Brown, Ewing and Co., of Dunedin, have pur chased the copyright from Burton Bros., and have appointed Mr Weeks the sole agent for the cards in this town.

The Heio Zealand Herald states that the Directors of the Pukekohe Cheese and Bac>n Factory have accepted the tender of Messrs Ingram and Co., of Auckland, for the manufacture of the plant required for that factory. This plant is to be on the English Cheddar pattern, similar to the one in use at the Ashburton Factory, Canterbury. This will be entirely local made, and will be the first complete plant ever wholly made in New Zealand. Messrs Ingram and Co.' have all the facilities tor carrying out the work.

At the Dunedin Police Court yester day, William Leckio, a yonng man, was charged with rape on Isabella Richard son, a girl of fifteen. The prosecutrix was servant in accused’s father’s house, and she alleged prisoner accomplished his purpose by violence. Mrs Leckie, how ever, the accused’s mother, deposed that she found the two in a bedroom, and prosecutrix was laughing. The witness struck heir and ordered her away. The Bench reserved judgment till to-day.

Rather an uncommon kind of case was heard before Mr Watt, B. M., in Dun edin yesterday. Thomas Allen,, gardener and florist, sued Professor of the University, for L 34 15s, value of plants destroyed through his greenhouse having been broken by the defendant’s act. The circumstances were that plain tiff’s garden is next to the Dunedin Rowl ing Club’s ground, where defendant and others play fives. The players often knock the ball over the wall, and as de fendant said in evidence it was a common joke for players to say, “ There goes another of Allen’s panes of glass.” Allen iu his evidence said 500 or 600 balls had come over, of which he retained about sixty, On July 20th two panes were smashed by a ball, and Prof. Macgregor and another gentleman came after it. Nearly everything in the greenhouse had been ruined through the panes being broken. His Worship held that unless the defendant could be shown to have Btriick the ball which did the damage, a nonsuit must follow. Nonsuited accord ingly without costs. The assault case, Wickham v Harrison, was called on at the Auckland Police Court yesterday and adjourned till to-day. The paragraph which occasioned the as sault spoke of Mrs D>* Potts as ‘ this, what on darth shall I call it, Hybrid, per haps, for it is certainly no man by its appearance, nor woman by its modesty, and not even a thoroughbred cross by its sentiments,” and made other personally offensive comments. Accounts regarding the assault agree in the chief particulars. A personal agent furnishes the following account to the Herald reporter:—Dr Har rison, Millet, and himself went to the Free Lance office. Mr Millet, who is employed at Hasslett’s chemist shop, went with them to show them the place. Neither Aspinall nor : Millett had the slightest notion when' they wont to the office that any row would take placpi Dr Harrison went into the office and asked Mr Wickham if the .editor was in. Mr Wickham replied that he was the editor. Dr Harrison said he came to apeak to him fora minute. Wickham said, “Yea,” and took us intb his office. Dr Harrison then asked : if he owned a paper called Figaro. He replied that he did. , Some thing was then said about his rates of advertising. Dr Harrison asked for the name of the writer of an~ article in Figaro referring to Mrs Dr Potts, which Mr Wickham refused to give, Pr Harrison then told him to defend himself. At first

he refused, but, on the doctor removing his overcoat and hat, Wickham started up and made for the door. Dr Harrison then struck Wickham. The cut on Wickham’s head was caused by his falling against the table in the scuffle. Neither Millet nor myself took any part in the affair, which was quite unexpected, and we do not know why we should have been arrested by Mr Thomson.

Members of the Blue Ribbon Army (remarks the Timaru Herald ) are respect*, fully requested to skip this Note, because for them it is. not likely to prove unto edification. Many of our friends have been enquiring of us lately what is a good thing to drink during the hot weather of which we had a foretaste last week. The Pareora water, they say, is full of lime and manure and other medicines, and is too stimulating for the ordinary system. Beer is heady and bad for the liver. Tea is indigestible and - simply ruins the nerves. Milk is bilious. Lime juice upsets the stomach. Hard stuff is apt to knock a man all to pieces. Is there no harm ess and palat able compound, which while quenching the thirst, would yet invigorate the sys tem and enable one to rise like a giant refreshed ? For ourselves, we always find it best to do as far as possible without drink. A very small quantity of fluid is all that is necessary, and we are bound to say that to our mind cold filtered water is the least hurtful, the cheapest and by no means the least pleasant of beverages. We are not bigoted, however, and for the benefit of those who like something tasty and springy, we willingly give the follow ing recipe which we have just met with in the works of one of the greatest living authorities on such matters ;—“ In a silver or china bowl wide and deep squeeze the juice of two oranges and lemons. Having removed the pips, pour a suffi cient quantity of iced water to melt the sugar, and stir it with a silver spoon. Add a bottle of Bordeaux or Burgundy, and while still stirring, add drop by drop half a’pint of rum, then a pound of finely ground rice, on which after ten minutes’ repose pour a bottle of lager-beer. ” The ice, of course, can be done without, and bitter beer will do instead of lager. The headache that this mixture will give you, if you take a fairish dose of it, is guaran • teed to last for a week.

Purify the blood, cleanse the stomach, and sweeten the breath with Hop Bitters. Read —[Advt.]'" Thick Heads, heavy stomachs, bilious Con ditions—Wells’ May Apple Pills —anti-bilious- cathartic. Sd and is, Moses, Moss and Co., Sydrv» General Agents. i Remember Hop .Bitters never does harm to the smallest child but good, always and con tinually. See and read—[ADVT.j

Mr S. W. Alcorn’s advertisement in refer ence to his season’s shipment of new spring goods per Doric, s.s., appears in this issue, and will no doubt be found in'cresting toTadies in search of the latest novelties in dress mate rials, etc.

• Residents of Ashbiirton will find it to their advantage td 'remember that pianos, organs, etc.; axe sold on easy terms or let on hire, and if not thoroughly satisfactory exchanged. H. J. Weeks, Tancred street. Second hand piano in good order, Lso, a rare chance,— [Adtt.]

RESIDENT MAGISTRATE’S COURT.

AS B BURTON — Y bst red ay,

(Before H. C. S. Baddeley Esq, R.M.) Compton v. Brown.—On the plaintiff being called by Mr Wilding, a legal argument ensued as to what agreement should be put in. The original was alleged to be lost and Mr Crisp submitted that he bad offered to allow an examined copy to be put in, which was better than any oral evidence.—W. B. Compton being sworn said that in 1882. he sold two quarter-acre sections for L 550, the conditions being L 250 cash and a mort gage. Signed a written agreement pre pared by Mr Branson in Power’s Hotel, and subsequently signed another copy in Mr Branson’s office after 15th June. Received cheque for the purchase money about June 27, and signed transfer to Samuel Brown. The conditions enforced witness to apply for a license at next annual meeting, and on receiving it was to have LIOO from defendant and a further LSO when the house was transferred to Brown or his nominee. Witness was to forfeit LSO if he failed to get a license. Twelve months after defendant valued the property at L 750. Gave up posses sion of the property to defendant on June 29th, when it was too late to apply for a license. Did not apply for a license on account of Brown objecting. Witness came down to Methven last May and saw defendant re the license, and he said he would nut held one as he had had enough with the one he had had. Told Brown he would have to pay a penalty of 1100 according to agreement, but defendant said ha would not. Defendant valued property at L 750, exclusive of the LIOO. Was informed by S. Brown after the transfer was made that he had turned all

his property over to his brother. At the time he sold the property a second house was required for Methven, and witness thought ho would probably have got the license. Defendant had had control over the property since the time of the transfer. Had done his • best to obtain the ' copy of the agreement, but. was unsuccessful.' —Cross-examined ; Was to receive L 250 in cash, but could not explain receipt produced for L 276 re ceived from Brown. Had informed seve ral people about the terms of the agree ment, but could, not say whether he told the police or the Licensing Committee. Did not know that Brown had lost a license for the Central Hotel, and witness was to take out the license in his own name, and a transfer afterwards to be made to the defendant or a relative. In the latter case the amount to be paid by the defendant was to bo LSO not LIOO. Was aware that a transfer of the pre mises had been made to John Brown, but did not object to it. ‘ Witness also knew that -defendant had been through the Bankruptcy Court since the agreement was made. Did not claim for the amount now sued for, because he did not consider it to be due until June. No proceedings had een taken by witness to procure a licshse prior to September, 1882, nor had he taken any steps under the Act of 1881. Defendant objected to witness making any application. It was. true that Cookson offered to turn the place over to witness for the last three months of his term. That would be about the latter end of last April. Had never been offered the lease by Brown, nor aid he (witness) offer to take the premises back again for stock, so far as he could re - member.-Re-examined by Mr Wilding: Witness had no possible motive for ab staining from earning his LIOO, and was always ready and willing to do it —This closed the plaintiff’s case, and Mr Branson was then called, for the purpose of identi fying copy of a agreement put in** He said that the signed agreement was lost, bat its provisions were similar to the docu ment before the Court.—Mr Crisp inti mated that he did not intend to call any evidence, and counsel having addressed the Court at considerable length, his Wor ship reserved his decision.

DISTRICT COURT.

ASHBURTON. -To-day. [Before his Honor Judge Ward.] IN BANKRUPTCY. - In re J. L. Manning.—Mr Crisp made application for discharge j which was granted. - In re D. Clifton.—Mr Wilding asked for letters of administration, and stated that the necessary affidavit had been made.—Granted.

In re J. A. Fouhtaine.—An application for an order of discharge made by Mr Parnell was adjourned till next Court day on account of an affidavit of notices having been posted not being put in. ' Mclntyre v. Perks, claim LlB9 Is for breach of contract. Mr Wilding appeared for plaintiff and Mr Purnell for defen dant. Mr Purnell-raised a preliminary objection to the first two paragraphs of the particulars, and these were struck out. —Mr Wilding in opening his -case said that the claim arose on account of loss incurred from defendant not carrying out his contract to thresh certain grain. Counsel said that the grain was stacked and defendant promised to bring his machine by a certain time. A very heavy sou’wester came on and the stacks were drenched.—His Honor pointed out that if the stacks wore properly built they could not have been damaged, and at any rate de fendantcould scarcely be considered liable. After further conversation the following evidence was called :—Robert Mclntyre, farmer at Ashburton Porks, said that on 3rd March he saw defendant in company with other men in Burnett street,and had a conversation with him regarding some wheat witness wanted to have threshed. Defendant made arrangements to come • an I do the work within nine days, but he did not fulfil his promise. Saw defen dant several times and complained of the delay and Perks gave as a reason that he was threshing for Mr E. G Wright. The weather was fair during the month of March, and witness’s stacks were dry Sampled the stacks several times. In good weather live or six days would have sufficed to complete the threshing. A heavy sou’-wester came on March 31st, which blew the rain into the stacks. When defendant came on April 28th the stacks were “ growed ” on the south-west side. The threshing was delayed for a week after the defendant came, on account of the rain. The threshing itself occupied a fortnight, moat of tho time being wot, and the result being further injury to the grain. Witness complained to defendant of the delay, and at the thpe of the threshing told him he would sue him for damages. Estimated that 480 bushels had been destroyed. If defendant had fulfilled his promite the wheat would have fetched 4a 3d a bushel. Evidence was then taken as to deterioration in the price of the wheat damaged, The stacks were put up in January by witness with the assistance of two men named Brown and Sullivan. The stacks were faithfully built, but nothing would withstand three days’ sou’wester. They were not thatched nor was it usual to do this in tlie colony when it was intended to thresh in the early autumn. The machine had to be stopped more than once during the threshing. Cross - examined by Mr Purnell: First saw defendant about the threshing at Christmas time, when Perks came to b.espeak the work, but no 1 arrangement was come to. Kepiembered. defendant coming to witness’s house in beginning of February, but nothing was said about threshing. No other persona were present at the interview with Perks in Burnett street. Would swear 1 hat de fendant never mentioned anything he was about todoat other farms. Did uptsuggest defendant’s going to Friedlander’s to gat <

an order for Healey’s thre»hing.-Nothing was said about the weather by defendant on this occasion. Witness had complained to defendant about the breaking ,of the contract several times. Had paid LSO to Perks for the threshing, and had refused to pay any more. Mr Caldecott had never expressed approval or disapproval as to the way in which the stacks were built Witness had been offered 4s 3d for the wheat by Mr Saunders, and would have sold it at that price had it been threshed in time. The wheat of witness was Hunter’s white, and the oats were'Tar tarean. —Re-examined : All the grain went to Mr Saunders. Could have got 2s for the oats at the time they were threshed.—Michael Healey, farmer at Seafield, remembered being present at the interview between the plaintiff and de fendant in Burnett street on March 3. Perks promised Mclntyre that he would come and thresh in nine days. Defen dant came to witness’s p'ace .some time after, and he was occupied there about a f ortnight. It is not usual in New Zea land to thatch stacks that are to be threshed in the early autumn. Cross examined by Mr Purnell: It was arranged that Perks was,to goto witness’s before going to Mclntyre’s, and also to Hus band’s. Plaintiff was present when this arrangement was made, and witness said that he would move the machine from Husband’s place to Mclntyre’s, as the latter’s horses could not do it. Between the time of this inter view and the threshing the weather was bad.—Peter Husband, farmer, was pre sent at the interview in Burnett street, when Perks promisbed to thresh for Mclntyre in about nine days. Witness suggested to defendant not to : bind him self to a day, and he then said he'would go to plaintiff’s place in ten days, weather permitting. Shifted Perks’a machine twice —from Mr Wright’s place to ‘ .Mt Wix’s, and from, the latter’s to Mr Healey’s. Witness’s stacks were damaged by the rain, and this was the case throughout the county.—Cross-examined by Mr Purnell; Did not remember Perks saying he was going to thresh for Ml Wright. The nightthe machine was taken from witness’s to plaintiff’s place it com menced to rain heavily and continued off and on for a fortnight. The harvest was a very bad one, and farmers lost on ac count of wheat being damaged. Did not remember anybody else than those he. had mentioned being present at the Burnett street interview.—William Brown, farmer and contractor, gave evidence as to the meeting between plaintiff and defendant in March similar’ to that of previous wit nesses. Worked at Mclntyre’s farm, and the stacks were properly built.!—Cross examined : Perks said something about

going to Mr Wright’s, but witness did not hear anything else.--J mes Johnston, farmer, remembered meeting Perkaand Mclntyre, and witness promised .to .giy< defendant, bisthreshing. It was to be done after the plaintiff’s, and Perks said he would be at Mclntyre’s in about nine or eleven days,.—Cross-examined: G'uld not say if he had made a statement that thi meeting took place shout the close oi March. Perks said he would be at Mclntyre’s from nine or eleven days. Plaintiff- Was present - and made no remark. In conversation with M‘ln tyre, the latterf said that the weather was keeping Perks back, ~ but he was worth -waiting fdP as he was a good thresher, and he had a godd machine, Witness’s stacks were hot much damaged by wet. His wheat was pearl, and he thought that kind more liable to damage than Hunter’s white. Sold his wheat immediately after threshing at 4s lid. —Re-examined : Sold his wheat in May to -Mr Roberts. , His threshing was done after Mclntyre’s.—Daniel Sullivan gave evidence to the effect that .plaintiff’s grain was got in well, and was well stacked. The grain was afterwards dam aged by the wet. —Cross-examined : It was a wet, season and rained considerably before Perks came'. Witness's experience of ,stacking was limited. —R., Patterson, farmer, saw the threshing at Mclntyre’s

when a good deal of grown grain was being put Into the machine. The stacks appeared to be properly built. The weather was very wet in March, and even well-built stacks, which were not thatched, suffered. —Cross-examined: The stacks were about Bor road, and witness never took particular notice of them.—S. Saunders, agent for Mr Turner, grain -merchant, of Christ church, said he had received about 3,000 bushels of grain from plaintiff this season. Made arrangements withJMolntyte to pay him 4s 3d for wheat delivered by the 24th or 25th March, but witness did not re ceive it in time. Of the 3,000 bushels sent, 500 had suffered damage to the ex tent of 2s 3d a bushel, and 500 suffered to the extent of 2i a bushel, and the re maining 2,000 bushels were of fair quality. The samples of grain put in were valueless. ■—Cross-examined; Mclntyre‘ did not make any binding contract with .witness. The good wheat bought from plain tiff was about Id less than the sample. The price of wheat in, April was about 4s 2d, and of oats IslOd.-* This closed the case for the plaintiff and Mr Purnell contended that there was nothing for him to answer either on the law or the facts of the case. Whatever contract had been mad i was dependent on the weather, and the defendant had fulfilled : what he undertook to do. IJa submitted that there must be a non-suit, —Mr Wilding having replied, his Honpr said that there was an agreement, but one of the conditions was weather per mitting. Oh another point, namely, the quality of the stacks, he was clearly of opinion that they were not properly built, as one of the witnesses said that he had only suffered slightly by the weather. The plaintiff would therefore be non-suited with costs. The Court then adjourned.

A PAINFUL ACCIDENT.

[by telegraph.

Grbymodth, To-day. An accident occurred at the Brick and Timber Company’s mill» at Taylorville, yesterday afternoon, by which Mr Barton, manager, was drawn by the belt over the drum,' to which he was doing something. He was thrown against the roof and then fell heavily on the ground, receiving a long gash on the side of his head, and one of his arms being broken. r .. Later. Mr Barton, injured at the Taylorville Brick and Timber mill, has lost a piece of'hir skull. It is not said whether the brain is injured.

CABLE NEWS.

.ATbST FROM EUROPF.

[REUTER’S TELEGRAMS —COPYRIGHT. ] Monetary and Commercial. London, Uct, 11. The total reserve,in notes and bul lion in the Bank of England is Lt 2,700,000, being L 200,000 below the reserve last Thursday. The pro portion of reserve to liabilities has further fallen ,2 per cent' during the week, and is now 42, per cent. The Bank rate of discount remains at 3 per cent, and the market rate at 2Con sols have advanced to 10 New Zerdayd remain at 5 th|< r foj lo'wing quotations Five per cent 10-48/Lbani. J • Five ;; {\ep; .ccpt fBBp Loan, 105^; Four-and-a-half per cent 1879-1904' Loan, $ Four per Cent.' Inscribed Stock, 101%, The markets for colonial breadstuffs and tallow are without quotable change. 1

A Pending Crisis. London, 00i.12. It is currently rumored in common cial circles that the failure of several important City firms is impending. A New Ministry, / Madrid, Oct. 1L Senor Herrera has been entrusted by His Majesty King Alfonso with the formation of a new Ministry, and has accepted the task. The Spanish Ambassador. The Spanish Ambassador at Paris has resigned his position. [Received Oct. 13, 3,30 p.m.] A Successful Operation. London, Oct 12. Mr Alexander McArther, of the firm

of W. and A. McArthur (who, met with an accident while out shooting) bashad a successful operation performed on his eye, and it is hoped his sight wfll be saved". " ■ .n . . A Loan. Tenders jare invited for the Otago Harbor Board loan of L20,d06‘ 5 percent, the minimum being fixed at 95-

AUSTRALIA ft. 1

[REUTER’S TELEGRAMS —COPYRIGHT.] ~ Shipping. j Melbourne, Yesterday. Arrived, this morning—The Union Company’s steamship' Waihora, from the Bluff. : Accidents • ■ '4 News has been received from Eng land that Mr A. MacArthur raet a serious accident from the accidental discharge of a gpn while out shooting yesterday, and it is feared that he will sustain the loss of ah : eye.' ,: ' ■ [Roceived Dot. 13,12.50-pjqtj j, Return of an Expedition. : J GooKK>WN,-To«aajr<t.j . Captain Armit (special correspondent of the Melbourne Argos) members of his expedition arrived KSife from New Guinea; Only* one of jfett party .is .free;from reports that Professor Denton, .whqiwas .accompanying him, to New Guinea, died from fever on-the 26th August j r Melbourne, The Argus to-day publishes a tele-, gram from Captain Aroril,' ahuouncing 1 his’’ return from New GQirte'a ,f iH'. %jh fever, and With all but onefof hlrjHOT suffering. died from exhaustion after a severe | attack of fever. . . ■ ; ri. 'jf - ScratcMngs. | Britisher and Ironclad; have been scratched from the Melbourne. Gup;list ; ■ - : Drowned. :r ■■

; News has been received f Waratah Bay that Mrrtin Ayoca gold . robber, has bwnarpwped there, ,He went outin a ; ,dingy "when drunk, and it is presumed the boat upset. :■« ■ '

TELEGRAMS.

[PBR PRESS ASaOOIATipS.I , t '.£ Mr Redmond. * , Wblmnqiow/To-day. Mr J. E. Redmond arrived' by the Taiaroa ; from Auckland this morning;. iH» lectures at the Theatre Royal to-night.

Breezy. ‘ t ‘ . A severe south-easterly gale'itf bowing, A Flooded Bitiße. ; al . Greymouth, To-day, A hew shaft which is being sunk in the Wallsend lease, has been flooded Out. The shaft was down 142 feet, when a seam of water was struck,; and there'll feet' of water id it., . It is~ idle now ini order to see if'me bid', shaft in which the pumps are, will drain ih - L , • The Weather. ’’ GHBisTOHtTEOH,Ta-day. - A furious sod’-west gala accompanied by occasional showers of sleet ancLraip set In last night,_ but is now' moderating. No serious damage is reported.? ■ ' ' « Snow in Dunedin. •,. DbNhDiH,. To-oay. A heavy fall of snow occurred here this' morning. _ ' ‘ ?

Arrival of the Takapiina. The passengers per Hon. Geo McLean, MrJ6|inHari&6!Me and Mrs Dobbie, Mesdames, Mathidson, Watson and two children, Mo Adam and twc children,. Ladder,. Ferguson, Miss Matheson, Messrs Anderson, McQarregy, McAhdrew, Lewis, Fergqson, MdLbdgK lin, Master Matheson. Lift’ GlasgoW-ob August 27th ; Cape, Sept. 14th; Hobart, ll p. m. on the 18th inst.'.; Hpd strong southerly wiiidf tq the Bluff, audsauth whst . winds up the coast, making/' Heads at six last night. . Thenctnu/iinle - under steam was 50 day& . By calling dt St Vincent, Capetqwh,. ahd ahe lost 5 days. Her journey rYincenfe was unusually quick, beating the Gape mail boat, but from that port to. Hobart she ran half power only, to save,coaLjTne weather in the early part of tlm/vtiyage V was very good, but in the “ rolUng/orties.’’ she proved herself ;an'ezehUrafe'iiefc ;i lifains' very dry and free frotn the tremor qsnal in screw steamers of high speed. The engine’s steam steering gear worked veil during the voyage. The ; first Oisoet h . R. Monkman; second, F. Newibmbej third, P. Tomory; purser! Woihflrspoonij engineers—hw.t, J. B. Hutton : second. P. Muoie; third, Amenail; Hood. - ' The Walking Match. At ten o’clock this morning Scott had walked 144 miles, and Edwards 141. At 2 o'clock Scott had covered ,158. and Edwards 155 miles 7 laps! ; ' ; j ' A Good Dividend, ■, : -j .5 The Kaitangata Coal Company has de dared a twenty per cent dividend,; and carried forward L 3,212. .

THE ASHBURTON GUARDIAN, SATURDAY, OCTOBER 18, 1888.



aumcafieaQ’ gielaad Reels, R-S-ALE AT THIS OFFICE. The Chattel Securities Act Amendment. V,. - -; - Fto., T . Etc. - r STOP THAT COUGH 1 PON’T DELAY. can you stop it I Where is .the Remedy. Bennington's PECTORAL OXYMEL OF CAHRA GK'iN or IRISH; MOSS :i (registered), can produce t evidence of real merit thrift li&y other ■ article for the purpose. Sold everywhere. —G. Bonninoton, Christchurch. SoafM .C



Special Bargains. OFF, MUST BE SOLD. **DiaiHng-ro u m Suites in splendid Vel vet, walnut side-board with marble top ■■ Tables; in. all patterns of walnut, J. eto ■ ■■ _ Beal- Leather Dining-room Suites, in y mahogany, and aide-boards to match Every class of Furniture. 1 Utensils of every Most,b©.S<pJ(i*Sßl want, to CLEAR OFF <w! my 6 lhtge and varied Slock.., . fchihd for House Furnishing. --^huMeecli, Wfr Eft OUS E,



Wanted Woe Silted Loonies. Scotch Concert. WANTED A good general SER VANT. Apply Mbs Tkbvob, Trevor ton. 10 698 Vjtj" AN TED-r- A pprentice or Junior to f V tie Millinery and Sales, also to the Dressmaking. — Hayes and Co. 10 707 WANTED KNOWN—That Robert Elston, Burnett street, Ashbur ton, having procured the newest appara tus, is prepared to Sweep Chimneys at very low rates. Any orders left at the Town Hall will receive prompt attention. Terms cash. ?60° T.avid of the Free. Scotch Concert. WANTED Known—That in conse quence of the rapid increase of business, John Moiiow, Impermeable Bootmaker, has been compelled to get a large stock of Boots of a superior quality in the town in order to meets the demands of his customers, and those who may pur chase from him will find no deception as to price or. quality. As J.M. has gained the public trust in the past by doing best work and fit, combined with neatness and style, he intends, even to make greater exertions in the future. Eowler’s Build ings; Tancred street (opposite Arcade), Ashburton. 7 207



WANTED. KNOWN—That Mr Dan Lea’s Gymnasium is the only place for real amusement; admittance free. Every kind of amusement to be ob tained ort ’the premises calculated to please the general public—American Bowls, Skittles, Shooting, Boxing, Fencing, Horizontal Bar, Trapeze, etc. Temper ance Drinks, Cigars, etc. Tickets— monthly 2s 6d, for use of Horizontal Bar, Trapeze, Single-sticks, Dumb-bells, Indian Clubs, etc. Dan Lea is always at his post to give lessons in Boxing, lesson £1 per mop*h, or according to arrangement. 1344 . - Special Advertisements. TqALL PROGRAMME CARDS in ii~S very neat styles, with Pencils and Ribbons, printed at the Guardian Office, W'sst street.



c RI OKE I'ING MATERIAL, ' Of, £Vflry description, at CHRISTCHURCH PRICES, "A3C.,.. Andrewes Bros., I -



SUE P L U S S T 0 C K . r: * or FANO# GOODS, TOYS, STA TIONER!, Etc. Must rbe Bojd to make room for NEW GOODS shortly to arrive. Our Prices Defy Competition. Andrewes Bros., BOOKSELLERS, STATIONERY, &c. , East stbebx South Ashburton. n!5



NEW SPRING GOODS N OW Showing in every department. 5 PER CENT. DISCOUNT Upon usual prices allowed to purchasers of parcels amounting to 10a and upwards. Diinant and Coe, Ready Money DRAPERS, CLOTHIERS, Etc., East Street, Ashburton, 9528 Tho Laird o* Cookpen. Town Haii



THE NEW ZEALAND GRAIN AGENCY AND MERCAN TILE COMPANY, LIMITED, U A V E F O R SALE A VERY COMPLETE Threshing Plant, By Ransome—almost , equal to new, and fefor which terms ace specially easy. Also, SEED OATS AND BARLEY RYE GRASS . "STEW CLOVER SEEDS WOOLPACKS, Exo., Exo. All at lowest current rates. Wm. HORNE, 12 an Agent.



New Sa&gs. THE NEW ZEALAND Clothing factory HAYS spared no effort to place before the public a MOST COMPILE ASSORTMENT •'/ " OF NEW WINTER MANUFACTURES Comprising all the latest styles in MEN’S & BOY’S CLOTHING Manufactured from the best qualities and newest Designs in COLONIAL, SCOTCH, BRITISH, AND CONTINENTAL TWEEDS. The large and increased trade has en abled the Proprietary to offer their cus tomers still farther advantages than hitherto, and r ■ THIS SEASON’S GOODS, i ' upon inspection, will be found CHEAPER THAN EVER. ‘ 4at* A SINGLE GARMENT AT WHOLESALE PRICE. SHIRTS, HATS, HOSIERY, and every requisite at Wholesale Prices. Nineteen Branches now open inf New . ; , : Zealand. • ' Agents for the Unrivalled WERTHEIM SEWING MACHINES. ■ Ashburton Branch : EAST STREET. ,



Special Advertisements. INTRODUCTION OP THE PARCEL SYSTEM. Fashion House, Cashel street, Christchurch. Great success has been achieved in the Old Country by the introduction of the “Numbered Parcel System,” for the supply ard purchases of useful household drapery, thousands of parcels being for warded to the order of distant customers upon the distinct understanding that any article not proving satisfactory to the pur chaser, the money in all cases to be re turned. This system is now being intro duced by _ E. G. Brown & Co., FASHION HOUSE, Christchurch. The splendid stock of General Drapery in all departments has been purchased by E. C. Brown and Co., from the Trustees in the Estate of the late firm of Craig and Smyth, at a very large discount off cost for cash. Thus articles sold under cost price leave a good margin of profit for the vendor, while giving unsurpassed value to the purchaser. In all parcels we stake our reputation on the values, and, as suggested above, re turn ■ the money in all cases where the article is not satisfactory. Our No. 1,20 s Dress Parcel, contains— Worth • £ s. d. 1 dress piece (12 yds) any shade, French costume cloth ... 0 18 6 good velveteen to match dress o*s 6 3 yds silesia, for linings ... 0 I 10 2 doz now oxydised buttons, to match ••• 0 16 1 pair warm lined fur-top spring cuff gloves ... ... ... 02 6 £1 9 10 OurjNo. 2,30 a household parcel, contains— _ Worth 1 pair good medium size blan kets ... ... ... ... 1 0 0 1 good honeycomb quilt... ... 012 6 8 yds good wincey ... ... 05 0 1 pair good strong corsets, any size ... ... ... 0 5 0



£2 2 6 Oar No. 3, dress parcel for £2, . contains — Worth 1 dress piece (10 yds) celebrated Empress black velveteen ...1 7 6 3 yds good silesia for lining ... 0 2 0 2 doz new style oxydised buttons 0 16 1 handsome striped winter skirt 0 9 6 1 durable silk umbrella, paragon frame 0 8 0 1 choice silk chenille scarf ...0 3 11 £2 12 6 Our No. 4, Ladies’parcel for £2, contains— Worth 1 dress piece (12 yds) French .check costumecloth ... ... 1 1 0 3 yds silesia lining for same ... 0,2 0 2 doz choice buttons, to match dress ... ... ... ... 0 1' 0 1 good warm Ladies’ tweed ulster 017 6 1 black quilted alpaca skirt ... 010 0 1 white or colored wool wrap ... 0 6 6 1 pair lisle lined fur-top spring ■ cuff gloves ... ... ... 0 2 0 £2 19 6 Our No, 6, household parcel for : ; £2 10s, contains— Worth 1 pair large size good witney ! blankets ... 1 10 6 1 nice large size good honeycomb • - . quilt ... ... ... ... 014 6 1 pair good heavy while sheets 0 9 6 6 good value honeycomb towels 0 4 0 6 yds heavy Welsh flannel ... t) 8 0 £3 6 6 Our No, 6, family parcel for £3, contains— Usual price 12 yds super Roslyn flannel (pure wool) ... ... 018 0 24 yds splendid white calico, heavy make ... 013 0 24 yds good strong brown or grey wincey ... ... 0 14 0 6 yds tartan plaid 0 6 6 6 yds good brown holland ... 04 6 12 yds hemp carpet, dark stripe 0 7 0 6 pair Girls’ or Women’s warm winter hose ... 0 7 6 4 large unbleached Turkish towels .... 0 4 9 £3 15 3 Our No. |7, mourning parcel for £2 10s, contains— Worth 10 yds good black French cash mere ... - 1 6 2 yds 4x4 celebrated rainproof , crape ... 0 9 6 1 good black alpaca or sateen skirt 0 14 6 2 pairs Ladies’ black hose ... 0 3 0 1 pair Ladies’ two-button choice black kid gloves 0 4 6 £ doz Ladies’ cambric handker chiefs, in fancy box 0 6 6 £2 19 6 Our No. 8, furnishing parcel for £lO, contains— ' Worth 20 yds nice pattern good tapestry carpet ... ... ... ...3 5 0 1 nice pattern hearthrug, to match ... - ... ... ... 0 16 6 1 pair handsome lace curtains ... 0 14 6 1 pair medium lace curtains ... 010 0 2 pair full size good white sheets 0 18 6 1 pair full size good witney blan-. kets ... ... ... ... 1 10 0 1 pair medium good witney blan kets 1 0 0



1 full size white honeycomb or , ' toilet quilt ~f ... . ••• 014 0 1 choice pattern wool tabiecover 0 15 6 2 white Turkish bath towels ... 0 3 0 6 white or unbleached honey comb towels 0 4 6 2 white antimacassars .;. ... 0 2 0 2 white toilet covers ... ... 0 4 0 6 yds linen check glass.cloth ... 0 6 0 1 superior white linen tablecloth 011 6 £ll 15 0 Our No. 1, wedding parcel for £4, contains— Worth 1 dress (12 yds) pretty shade in \ cashmere ... 1 17 6 2 yds pretty shade in satin, to match ... 0 13 6 1 dress (12 yds) good costume cloth ...110 2 yds rich colored velveteen, to match 0 7 0 6 yda good sileaia ... ... 0 6 0 3 doz buttons, to match dresses 0 2 0 8 yds braid, to match dresses ... 0 0 8 1 pair two-button first choice tinted or white kid gloves ... 0 5 0 6 Ladies’ linen collars 0 3 0 6 Ladies’ linen handkerchiefs ... 0 5 6 3-pairs Ladies’nice hose 0 4 6 £5 5 8 Our No, 2, wedding parcel for £lO, contains— Avery complete trousseau. Our No. 9, Ladies’ (half-price) parcel for L 5, contains— Usual price 1 Ladies’ handsome mantle ... 2 17 6 1 Ladies’ beautiful real sable muff and collarette 4 10 0 1 Ladies’ quilted satin skirt ... 1 0 0 1 fashionable tweed ulster, in leading shades... ... ... 1 10 0



£9 17 6 A problem whereby Ladies may stay at home and order their drapery in perfect confidence. Just try one parcel and see what you will save. Remember—Cash returned at ones for any article returned#*! good condition. Samples post free on application to any part of New Zealand. In ordering any df these parcels, it is sufficient to quote number and name of parcel only. F. 0.0. made payable to E 0. BROWN & 00., Fashion House, Christchurch. 1388



Special Advertisements. Siller-tongued Lassies. Oct. is J-F . YOU WANT GOOD AND STRONG FURNITURE, CHEAP, FURNITURE AND RED DING MANUFACTORY, bast street south, ASHBURTON. fpVERY article Sold at Ohdsidiurch Prices and gawanteed bea. of material and w orkmanahip. CHEAPLY & COMPLETELY FUKNISUKD GO TO DAVIS’S FUNERALS



Don’t Die in the House.—“ Rough,, pa Rats ” clears out rats, mice, beetles, roaches, bed-bugs, flies, ants, insects, moles, jack* rabbits, gophers, 7 J£d. Moses, Moss add Co., Sydney, General Agents, I Wells’ “ Rough on Corns.”—Ask for Wells’ “ Rough on Corns.” 7#d. Quick re* lief, complete, penpanent cure. Corns, bunions. Moses, Moss and Co., Sydney. General Agents. ” . ■?> - Holloway’s Pills.—The chiefesjt lyqqdif of modern times.—-This incomparable mediciqp increases the appetite, strengthens the stomach; cleanses the liver, corrects biliousness, prevents flatulency, purifes the system, invigorates'the nerves, and re-instates sound health, -‘.The enormous demand for these Pills throughouttho globe astonishes everybody, and a single, trial convinces the most sceptical that no medicine equals Holloway’s Pills in its ability'to remove all complaints incidental to the human race They are a blessing to the afflicted, and a boon to all that labour under intemal-w external disease. The purification of the. blood, reapoval of all restraint from the secretivedrgahs, and gentle aperitive action are the prolificspurces the extensive curative range of Holloway’s FUI& AdvL]



TOWN EDITION; Issued at 4.3 Q p.m, t ,



For continuation of reading matter see fourth page.