The Ashburton Herald AND Borough and County Advertiser (With Which is incorporated the “Evening Echo”). SATURDAY, JULY 3, 1880. Contempt of Court.

For some time past the relations be tween Bench and bar in the Ashburton R.M. Court have been anything but happy—unless frequent ebullitions of temper and unpleasant wrangles are indi cations of happiness. The mine on which the Court has stood, however, was unex pectedly fired yesterday, and the ex plosion had the effect of sending Mr. Purnell out of Court, convicted of con tempt, and under a sentence of seven days’ imprisonment. The details of the case are given in another column, and we need not repeat them. It is, perhaps, better that this incident should have oc curred, as it will doubtless have the effect of clearing the air—by some means or other—and in the hope that it will do so, we are rather glad than otherwise that it has occurred, now that the matter has not ended in Mr. Purnell going to prison. With the right or wrong of the Magis trate’s 'procedure that called forth Mr. Purnell’s defiant attitude, we have nothing to do—that is a question for legal opinion of more weight than ours : but with Mr. Purnell’s defiance of the Margistrate on his seat on the bench we cannot agree. We are prepared to admit the possibility of many extenuating circumstances, and to allow for all grievances, but the strongest of these can scarcely palliate the defiance of the representative of law and order on his seat of justice. The Magis trate was prompt, but he was also severe —too severe, it may be, when we consider all the circumstances ; but then the Ash burton bar has not always been the most suave and affable that could be wished. One peculiar feature of the case, too, was that, notwithstanding the prompt and severe sentence, it was remitted only an hour afterwards, upon the merest skeleton of an apology being tendered.

The Oddfellows’ Ball.

Last night the looked for Oddfellows’ Ball came off in the Town Hall, and was indeed what the Committee have all along desired to make it—one of the greatest affairs of the kind that has been held in connection with the Order in Canterbury. Some sixty or seventy couples were pre sent, but these, we understand, did "not represent all the tickets that had been taken by the many friends of Oddfellow sliip, both inside and outside the Ashbur ton district. As it was, a fair number of strangers from a distance attended. The hall was splendidly decorated with evergreens, and wreaths of such flowers as are available at this season, while by each window was secured one of the many certificates of merit held by past officers of the local Lodge and members who have earned their honors elsewhere. Cross rods at intervals round the hall exhibited insignia of the various degrees of the Order —the blue, the white, the scarlet, the purple, &c., —the purple degree occupying the chief position in front of the hall stage. In the centre of the hall was hung the splendid blue silk banner of the district, inscribed with the mottoes of the Order and emblazoned witli its emblems. Just over the main entrance to the hall, the dispensation of the Lodge was displayed, and at nine o’clock the proceedings opened with a very imposing Oddfellows’ pageant, the members marching in procession three times round the room under arch ways formed of the dispensation, the ban ner, crosses, &c., the whole closing with the master of ceremonies giving the password for the evening, and the past master giving the “initiation fire.” On the conclusion of this pageant the ball opened, the music being supplied bv Gardiner’s band from Christchurch, with a spirit that “put life and mettle in the heels ” of the dancers. The recent alterations on the hall proved a great enhancement to the comfort and enjoyment of the company, as the large room behind the dress circle

served admirably as a supper-room, while the dress circle itself provided an excellent “ coign of vantage” from which the older and more staid members and their lady friends could view the gay scene below. The space between the right ante-room and the dross circle staircase being now covered in, a most convenient passage-way afforded access from the hall to the upper rooms without going into the open air. The commissriat department was under the charge of Mr. George Eagle, the genial representative of the Somerset, and was in every way satisfactory. It would be invidious, perhaps, to signalise by special mention any individual mem ber of a Committee whose united efforts have been crowned by so pronounced a success as was last night’s ball, but we think special credit is due to Mr. Williams, the Secretary, for the admirable decora- This work is always difficult, especially so in midwinter. when “ Flora's blazing bloom ” 'is past for the year ; but notwithstanding all difficulties the hall was hand somely adorned, and the recent reno vations on the building materially aided in giving brilliance to its appearance. The duties of master of ceremonies were ably discharged by Mr. G. F. Scott, the N.G. of the Lodge, and his management gave every satisfaction. The list of dances was a long one, but it was faithfully told out, keeping the company active till an early hour this morning.

Tinwali).—To-morrow evening and every Sunday evening, unless otherwise notified, service will be conducted in the school at Tinwald, under the auspices of the Wesleyan denomination. Inquest.— An inquest was held at the Courthouse, Temuka, on Thursday, before Mr. F. Guinness, on the skeleton of a man found in the Rangitata riverbed some weeks ago. The evidence of the constable who found the remains was taken, but there was no means of identifying them, neither was there any report made to the police that any person had been missing The jury therefore returned a verdict to the effect that there was nothing to show how the man came by his death.

Trotting Match.— A trotting match took place this afternoon on the racecourse. Four horses entered—Mr. J. W. M‘Rae’s Brandy, the same owner’s bay mare, Mr. O. Digby’s bay horse Bijou, and Mr. D. MTvenzie’s roan mare. Bijou, ridden by Mr. Pliysick, took the lead and kept it throughout, winning by about two chains, hands down. The distance v’as 2-f miles, and the time lOmins. 19secs., no very great performance, but this may be excused as the ground was very heavy and the winner was never asked to go. The man of medicine contemplates earning an honest living by trotting Bijou for the future. About sixty persons assembled on the ground, and, although betting was slack, everybody seemed pleased with the diversion provided for them.

South Rakaia Road Board.

The Board held its usual monthly meeting on Thursday. Present—Messrs. C. N. Mackie (chairman). J. Lambie, D. G. Holmes, W. L. Allen, and E. S. Cos ter.

The Surveyor’s report was read and received. A letter was read from Mr. A. Makieg, Returning Officer, informing the Board that Mr. Wm. L. Allen had been duly elected to the seat resigned by Mr. Neil Maclean. The Chairman reported that he had written to the Commissioner of Crown Lands re the immigrants’cottages at New Town, fixing the price of the wooden cot tages at LlO, and that of the sod cottages at L 9. A letter was read which had been writ ten to the Mount.Hutt Road Board re the boundary road. The letter was ap proved, Messrs. Harper, Harper, and [Scott wrote enclosing an account for L6O, amount due to the New Zealand and Aus tralian Land Company for land taken for gravel pits. It was resolved that the amount be put on the pay-sheet. The Clerk to the Mount Hutt Road Board wrote, enclosing a cheque for ac count between the two Boards. The Ashburton County Council wrote, acknowledging the receipt of a letter from the Board re brand book, and stating that the Council had drawn the attention ,of the Colonial Secretary to the matter, and requested him to provide copies. Several letters were received from rate payers in the township asking for the formation of footpaths near their pro perties. Referred to the Works Com mittee. A letter was received from N. Welsh, asking permission to erect a verandah in front of his premises in Railway Terrace West. The request was granted. Mr. John M'Lean wrote offering to take Ll 5 per acre for land taken by tlxe Board for gravel pits. It was resolved to accept Mr. M'Lean’s offer. It was resolved to form part of Bowen street. Mr. Lambie reported that he had had a footpath stripped of tussocks from Mr. Bearden’s corner to Kyle school. The action was approved. It was resolved that a -well be sunk near the corner of Chapman and Bowen streets for drainage purposes.

Accounts to the amount of L 239 19s. were passed for payment, and the Board adjourned.

I-loi.loway's Pills. —These Pills arc more efficacious in slrengdiening a debilitated con

slitulion than any other medicine in the world. Persons of a nervous habit of body, and all who are suffering from weak digestive organs, or whose health has become deranged by Bilious affection, disordered stomach, or fiver complaints, should lose no time in giving these admirable Pills a fair trial. Coughs, colds, asthma, or shortness of breath are also within the range of the sanative powers of this very remarkable medicine. The cures effected by these Pills are not superficial or temporary, but complete any permanent. They are as mild as they are efficacious, and may be given wnli cmfidence to delicate females and young chil dren. Their action on the liver, stomach, and bowels is immediate, beneficial, and lasting, restoring order and health in every case.— Advt

Another Fact.—The farm r may be slow, but he is sheer. The man who is always as “cool as a cucumber ” is frequently as green. According to Cocker, the more debts are contracted the more they expand. Thin man : “ Boy, what’s that hungre dog following me for?” Boy: “Hy thinks you’re a bone, I s’pose.”

CABLE NEWS.

LATEST FROM EUROPE.

{By cable from Reuters Agency.) Peace. London, J uly 1. News from Buenos Ayres confirms the previous announcement of the closing of the rebellion. The city had to submit to the insurgent troops, but peace is now signed. The Markets. Five per cent. New Zealand 10.40 loan, 104 i ; 5 per cent. New Zealand loan, 1889, 104 ; 4j per cent. New Zealand loan, 1879 to 1904, 99J. Adelaide wheat, per 4961b5., ex warehouse, 475. Cd. The total reserve in notes and bullion in the Bank of England is L 17,000,000. Wool. Arrivals of wool to date for the next auctions amount to 270,000 bales, and probably the quantity to be offered, in eluding that left over from the last auctions, is 330,000 bales. The Australian Cricketers. The cricket match Australians v. 18 of Newcastle-on-Tyne was commenced to day. The home team went in first, and were all out for 115. The Australians went in for their first innings, and when the stump 3 were drawn had lost two wickets for 101 runs, Murdoch being not out for 05. Shipping. Arrived —Scottish Prince from Wel lington, Euterpe from Lyttelton, Loch Fleet from Napier. Mauritius, June 18. Sailed—Tonnage amounting to 700 tons, and 200 tons more are chartered. Sugar. The sugar crop accounts are now less unfavorable. ihe “Affirmation” Difficulty Settled. London, July 2. In the House of Commons last night a resolution was introduced by Government in favor of permitting members to make an affirmation instead of the customary oath of allegience. It was under discus sion and debated at some length, and finally agreed to by the House ongdivision by a majority of 54 votes. Berlin Conference Closed- Berlin, July 7 2. The European Conference has come to a final decision on the questions which it lias had under its consideration, and has presented its collective note to the Great Powers, notifying the lesult of its deiber at:on for the settlement of the Turkish affair. The Conference has now closed its sittings. As Russia Views It. St. Petersburg, July 2. An official denial is published of the news recertly received that the Russians have been twice defeated by the Chinese in Central Asia, and that the latter have advanced and occupied Eastern Ivliohand.

AUSTRALIAN

(Reuter's Telegi ams.) SNed Kelly. Melbourne, July 2. It is now believed that the platelayer whose body was found at Glenrowan was murdered by Ned Kelly. Victorian Politics- Mr. Service speaking at Maldon last night repeated his previous statement that lie would adhere to his Reform Bill, and ridiculed the inconsissency of Mr. Berry. Mr Service announced that he feared there would be a deficiency of LG50,000 at the end of the present year. Revenue Returns. The revenue for the quarter amounts to L 1,104,000 being an increase of L 32,000 compared with last year. Sydney Markets. Sydney, July 2. Hennessy’s brandy in bulk, quarters, 10s. 3d.: kerosene—diamond, Is. Id. per gallon, Devoe’s, Is. 2|d. to Is. 6d. per gallon ; New Zealand wheat, 3s. 7d. to 4s. per bushel ; New Zealand oats, Is. sd. to 2s. per 401b5.; maize, per GOlbs., 2s. to 2s. 3d.; candles, D.R.J’s, 6|d. per lb. Shipping. Sailed—Taiarua, for Auckland. July 3. Arrived—Wakatipu, from Wellington. Revenue Returns. Brisbane, July 3. The Queensland revenue returns to 30th June have been published, and show the revenue last quarter to be L( 01,000, being an increase of L 58,000 as compared with June quarter of 1879. The total revenue for the year 1879-80 was L 1,482,000 against L 1,461,000 in 1878- 79 ; expenditure for June quarter was L 538,000, being an increase of L 15,000 compared with last year. The total ex penditure for the year was L 1,673,000 against L 1,678,000 in 1878-79 ; the total deficit 30th June, 1879, was L 177,000, but it now stands at L 239,000.

Wheat. Adelaide, July 2.

Adelaide wheat, 4s. pier bushel, with a downward tendency, and expected to be 2d. to 3d. lower.

NEW ZEALAND.

(Per Press Association.) An Unfortunate Prospector. Gn ahamstotvs') July 3. A man named Francis James Shine died last evening in the hospital, from injuries received while prospiecting in Hapie Creek. An inquest will be held. Teachers Difficulty. Auckland, July 2. Owing to the interruption of school work by the examinations and holidays, the city School Committee decided not to give mid-winter holidays. It is alleged the teachers by concerted arrangement practically evaded the order given, and some members of the committee threaten to resign if such conduct is to bo tolerated. The committee have requested the Board of Education to institute inquiries. A Schooner Missing. Wellington, July 2.

The schooner Ponoke, owned in Wel lington, bound from Greymouth toPicton, is missing. She is supposed to be lost. She left three weeks ago, and there has been very bad weather since. The crew consist of James Lee, master, and five men. She was insured in the South British for LI,OOO, of ■which L 656 was re insured in the Victoria and Colonial offices. She tvas owned by Waddell, M‘Leod, and Weir.

A Novel Race. Timaru, July 3. An amusing race of a hundred yards between the landlord of the Grosvenor Hotel and a veterinary surgeon, both weighing over eighteen stone, for LlO a side, resulted in the latter winning by a stride. . Hard Times. Henry Davis, one of the unemployed, after walking overland from the Weka Pass to 'felson, and back to Timaru, had to break a tobacconist’s window in order to obtain admission to the gaol. The Bench gave him fourteen days. A Spill. Dr. Murdoch was rendered insensible by falling from his horse last evening, while crossing the railway line. The Breakwater. Considerable sensation has been caused by a discovery that the portion of the Breakwater which recently slipped out, necessitating the breaking of the mono lith, had been propped up with bags of concrete, instead of resting on solid blocks. Acceptable Rainfall. The steady fall of rain during the past few clays has filled the wells and tanks in town, just as a water famine was begin ning to cause complaints. Disgraceful Conduct of a Doctor. Invercargill, J uly 3. Tlie inquest is proceeding on an extra ordinary case at Win ton. A woman named Canaan died in child-birth through the apparent neglect of Dr. Moffat, who ran away from the case after partially effecting delivery, although informed by the man and liis wife to stay. The medi cal evidence is inconclusive, and the case has been adjourned for a post mortem examination by another practitioner.

Resident Magistrate’s Court.

(Before Mr. F. Guinness, R. M.)

Saturday, July 3.

DRUNKENNESS. Henry Dudley was brought up on a charge of being drunk and disorderly the previous day. Accused pled guilty, adding that he was very sorry for having indulged too freely, and begged the Court to be lenient with him, in which case, a repetition of the offence would not occur again. Fined 205., or the usual alterna tive. EXPLANATIONS. Mr. Joseph Baldwin stated that the reason he had not appeared at the Court on the previous day when called upon was purely through inadvertence, and not by any means intentional. The subpoena had been served upon one of his employees, and, as a matter of fact, he had never seen the summons. He had been making preparations for attending the Court at 10 o’clock, when his barman told him not to hurry, as the Court sat at eleven. His Worship told Mr. Baldwin that, while ac cepting the explanation, he must remind him that it was a serious matter to dis obey a subpoena of the Court, and advised Mr. Baldwin to be more careful in future with such matters. However, as there had been no intentional disrespect to the Bench, his Worship accepted the apology. At a subsequent period, Mr. Bayliss, the other defaulting witness, also tendered an apology to the Bench, which his Worship accepted. A FRIENDLY WRESTLING MATCH. Tyson Hodgson, charged with being drunk and creating a disturbance in a licensed house, admitted having had a little drink on the occasion referred to, but the alleged disturbance was merely a case of wrestling with another man. Ac cused was fined 20s. —Another charge was laid against Hodgson, for a similar offence being committed in the public streets. Sergeant Felton said that the second in formation was for the continuance of the disturbance outside the hotel ; but, as he knew accused to be a respectable farmer when sober, he would only ask for a light penalty to be inflicted. Filled ss. and costs. Mr. Bayliss, who was to have been a witness in this case, applied for his ex penses ; but, in consequence of his failing to be in attendance on the previous day, his Worship refused the application. Mr. Baldwin, the other witness, did not apply for expenses. The Court then adjourned. Friday, July 2. A Lively Sitting. The Court resumed at two o’clock to day. A THRESHING CASE. Grigg v. Luscombe.—Claim, LSO. Mr. Purnell for plaintiff, Mr O’Reilly for de fendant u Mi’. Purnell stated that Mr. Grigg had employed defendant to thresh grain at so much per 1,000 bushels. Mr. Grigg had warned defendant not to thresh in bad weather, but defendant had done so, to the detriment of the wheat, and had also threshed very badly. To recover damages this case was brought. John Grigg, sworn—l engaged defend ant verbally in January last. Defendant was to get the gang together, and to have sole management of the machine and hands, plaintiff only directing in what particular paddocks the work was to be done. Defendant had full control over the hands, both as regards employment and discharging. He was perfectly com petent to do the work, and he threshed altogether 54,000 bushels. Witness gave defendant special directions about the paddock on which the damage had oc curred that was now sued for. It is alwaj's dangerous to thresh wheat too soon after rain, and defendant was cautioned not to thresh too soon. Defendant was alone to be the judge of the proper state of the wheat for threshing. Saw that the threshing had been done too soon after rain, for looking at the stacks it was ap parent that the machine had been opened too wide, and that the threshing had not been thorough. There were many places in which the straw had been untouched, and at least 10 per cent, of the grain had been left in the straw. I estimate that 10 per cent, on 2,900 bushels threshed on the “ bend” paddock had been left in the straw. I sold the whole quantity of my wheat at 3s. 7d., and this was as first-class a sample of Tuscan wheat as I have ever grown. I paid defendant LI per 1,000 bushels for his work, and the driver had the same, while the others had 14s. per 1,000. I have paid him as much as I consider due, holding myself responsible for the balance, pending a decision in the District Court.

By. Mr. O’Reilly—There is a balance owing to defendant. lam perfectly pre pared to pay it whenever it is asked for.

Mr. O’Reilly—Then hand it over now, please. Witness—Yes, I will. Mr. Purnell—No, don't, Mr. Grigg ; we mightn’t’see it again. Witness, thus advised, didn’t hand it over, and the cross-examination was re sumed—There was a suit in the District Court, but the bill of particulars was not complete and another action was to be taken.

Mr. O’Reilly wished to know why this case was brought in the R. M. Court while another was pending in the District Court on precisely the same question now before this Court.

Mr. Purnell objected to witness being cross-examined on a question of law. Witness said he chose the cheapest course, and the answer to the question was the fact that he was in the R.M. Court now. The case in the District Court was another case altogether. Mr. O’Reilly said the movement was a flank movement on Judge Ward. This action now before this Court was pending before the District Court.

After a passage-at-arms between counsel, cross-examination proceeded. Witness —I was disposed to be lenient with Luscombe at the time I paid him the portion of wages he has got. Mr. O’Reilly —Then you acted as judge in your own case, assessed your own damages, and retained the money ? Witness —I did so in the hope that the matter would be amicably settled, believ ing that the damages could be put in as a set-off. lam not prepared to accept any more now than flic full damages. I would have been content with half of those at the date of the account produced by Mr. O’Reilfy, but not now. Mr. O’Reilly—You would have your full pound of flesh, in fact ! Witness—l stopped L2O of the feeder’s wages at the same time as Luscombe’s was stopped—L43 in all—but I am not suing on that account. lam perfectly prepared to pay that money, which I hold in trust for defendants, but I claim for the damage I have sustained through Luscombe’s care lessness and bad threshing. Some sparring here occurred between the lawyers on the legality of the Court hearing a question of law in the middle of a witness’s examination, in the course cf which Mr. O’Reilly pointed out that Mr. Grigg had retained the men’s wages, and that a suit by the men against him was pending in the Distriot Court, and he now brought a case involving the same matter before this Court. After a time,

Witness proceeded—Luscombe had the sole management of the machine, and Hewston was feeder. I made Hewston a party to the damages, as I believed he was morally responsible. He, however, told me that he was not responsible as Luscombe, the overseer, had ordered him to “jam” the work through. Hewston was engaged by Luscombe, and was com pletely under his orders. lam not a lawyer, and cannot say whether both Hewston and Luscombe are legally re sponsible, but when I kept back the wages I thought they were both morally responsible. I have heard Hewston’s explanation since then, and learned the the fact that he was engaged by Lus combe.

Mr. O’Reilly—So far as the legality of the thing is concerned, you are quite innocent in this matter ? Witness —Quite innocent.

Mr. O’Reilly—You read a paper recently at the Agricultural and Pastoral Association, and you spoke of heavy crops being taken off land in your district —Mr. Cochrane’s for instance, who got fifty bushels per acre. How comes it that this paddock of yours yielded ten bushels to the acre 1 Witness—l sowed clover, which grew as high as the wheat. This was a mistake. I saw a little rust in a portion of the crop in the paddock. Thei’e was nothing the matter with the wheat in question until after it was threshed. > Mr. Reilly—You made rather a mess of it then, though you undertake to teach agriculture ? Witness —Yes. A small portion of the wheat was shrivelled —a portion of all wheat is so. The shrivelling of a small quantity of wheat in a crop would not make ten per cent, remain in the straw at the threshing. Two per cent, of the ten per cent might have become seconds wheat. I have employed Luscombe before, and knew he was perfectly competent. The mach'ne was too widely set, and if it had been properly set it could not have threshed as it did. I did not see the threshing done, nor did my manager— Button. I don’t know that Luscombe’s machine was the last to start in the morning. This wheat w r as in the stook, and wheat when in condition for threshing is in better condition when in stook than in stack.

His Worship—This is a mere matter of opinion. Witness—lf the wheat had been in stack it would have been better for thresh ing on the day that it was threshed. It would take the wheat time to dry accord ding to the dryness of the air. Luscombe was specially ordered not to thresh at the time lie did until the grain was in condi tion. I rode ten miles to tell him so, but I don’t know when he began. He evi dently disobeyed my orders, and com menced threshing. lam assured of this •from the state of the straw. He was thoroughly competent to judge of the condition of the grain. Only dampness of the grain could have produced the whole damage. The buyer very nearly rejected the sample because of the num ber of haulms left on the wheat—this arose from dampness, but the untlireshed grain arose from the wideness of the machine. To the latter cause, I attribute the loss I have sustained. I looked at a portion of each of the two heaps of straw, and judged from the straw that 10 per cent, of the grain had not been threshed, but I do not make that estimate on my judgment alone. I paid Luscombe ss. to os. per 1,000 bushels extra on account of his position as overseer of the machine. By Mr. Purnell—The amount I de tained from Luscombe was due to him for wages, and I detained them because I sup posed I had a legal right to do so as a set off against the damage, but I have learned that I cannot do so, and have brought this action.

Mr. O’Reilly then said he applied for the case to be struck out, or the plaintiff nonsuited, on the following grounds : 1. That defendant brought an action last month in the District Court against Mr. Grigg for the amount which lie (Mr. Grigg) had detained from Luscombe as damages. Mr. Grigg had taken advantage of the fact that Luscombe had not served

a copy of the particulars with the sum mons, and he had the case struck out, A new action was now pending in the Dis trict Court, and would come on for hear ing on the 15th inst. Mr. Purnell Committed for Contempt of Court. Mr. Purnell here stood up and objected to these matters being gone into. Mr. O’Reilly insisted on his right to state his nonsuit points, and eventually his Worship decided to hear Mr. O’Reilly. Mr. O’Reilly then requested that his Worship should stop Mr. Purnell’s con tinued interruptions, and order him to sit down. . b His Worship told Mr. Purnell to sit down. . " •’ ’ j Mr. Purnell declined to obey the order of the Court, on the ground that the-- Court could only give legal orders. ,He ~3 was not a solicitor of this Court, but of the Supreme Court, and therefore an offi cer of equal standing with his Worship. There was a time to hear such arguments . as Mr O’Reilly desired to urge, but it was not before the conclusion of Mr Grigg’a evidence. With all deference to the bench | -he would decline to sit down, but would a stand up as a protest against the irregu-- '-' larity. His Worship—You put yourself in a very peculiar position—in that of contempt of Court.

Mr. Purnell—With due deference, I de cline to sit down, as the order is unlawful. His Worship—Then the only course open for me is to commit you to custody for contempt. Mr. Purnell—You may commit me to custody if you like. It would not be the first unlawful thing done in this Court. His Worship— Constable, take Mr. Purnell into custody.

Mr. Purnell (to Constable Warring)—l wish you to understand that I hold you personally responsible. Constable Warring—l can only obey the order of the Magistrate. His V orship—l vf.ll give you half-an hour to re-consider your conduct, ME Purnell. Mr. Purnell—l. want no further con sideration.

His Worship—Then in consequence cf your persistent contempt of Court, I sen tence you to seven days’ imprisonment. Mr. Hurrell, make out a warrant of com mittment.

His Worship having ordered the Clerk to take a note of what Mr. Purnell liad said in reply to his Worship’s orders, and the language used by Mr. Purnell con stituting the contempt of Court for which he was committed, Mr. Purnell protested against what was written down. His Worship said he would not have put clown just what Mr. Purnell liked, but what he (his Worship) ordered. Mr. Purnell was then taken away in custody. The case then proceeded.

After Mr. O’Reilly continued his ad dsess to the Bench. After he had sat down Mr. Grigg, who had, undertaken the conduct of ois own case, after being de prived of his counsel’s services, explained that the case was not in any way to be confounded with the case pending in the District Court. The amounts were not the same. Luscombe sued in the District Court for the money due to him ; Mr. Grigg in the R.M. Court for the money due to him. The one amount was L 23 odds, the other was LSO. Mr. O’Reilly said the account rendered to defendant by Mr. Grigg showed con clusively that the ground of action was the same in either case. Mr. Grigg had assessed his own damages and retained the amount, how could he then come into the Court and sue for the money he already had in his possession. It was a clear case of estoppel, and a very strong one, too. He could defend the case in the District Court, or bring a cross action. If the ground of this action could be es tablished it would be a good defence in the District Court. Mr. O’Reilly then cited “ Roscoe in Evidence ” to prove this contention. Was Mr. Grigg frightened of justice as administered by Judge Ward ? Suppose his Worship gave judgment for the plaintiff in this case, and the action in the District Court was dismissed, his client, Luscombe, would be mulcted in double damages—the damages recovered in this Court and the damages recovered by Mr. Grigg in his own Court where he had presided as judge and jury. It was mon strous, and this was certainly the most impudent action he (Mr. O’Reilly) had ever heard of. His Worship would hear further evi dence. Thomas Black, sworn - I know the “ bend ” paddock where the threshing took place, and examined the straw care fully. The work was badly done. The straw had not been well threshed: About a tenth of the grain was left in the straw unthreshed. Did not look much to the chaff. But when lifting the covers off the stacks of straw, the quantity of loose grain that was on the covers caused me to make an examination of the straw, and thus I found that it had been badly threshed. The wheat was good wheat. I saw it when growing and when reaped ; but did not examine the sacks. There was a little rust in the paddock, but the rusty part was not cut—not because it was rusty, but because it was a light crop on wet land, and not a bit of good. I am foreman ploughman. I suppose the wheat was not in condition for threshing, otherwise the damage would not have oc curred. The wheat was threshed too damp ; and it had evidently been given to the machine faster than she could thresh it. Shrivelled grain may have stuck to the straw, but good grain would have come out of it were it dry. The wheat was a good sample. Did not remember saying anything to Luscombe regarding the sample. Thomas Taylor, farmer, Waterton —At Mr. Grigg’s request, I went with Mr. Bishop to examine some straw in the “bend” paddock. Took up several bundles, and took 40 heads at random. Out of these we rubbed 70 grains. In - another place, out of 90 heads we rubbed 222 grains ; out of 21 picked heads we rubbed 127 grains. The straw is by no means clean threshed. Have never seen a worse job of threshing in my life—only one in my experience. The grain was a good sample, and we were struck to see such a quantity of a good sample grain left in the straw. Towards the centre of the sheaves the threshing appeared to be not nearly so well done as the outside, from the sheaves having been fed too thick. White tuscan wheat is the worst wheat to thresh in my experience. It should be in particularly good condition,

THE ASHBURTON HERALD, SATURDAY, JULY ,3 1880.



AnmisamenuS. To-Night. An Entire Change of Piogr anme. THE ASHBURTON AM iTEUR CHRISTY MINSTREuS mOWNHALL, ASHBURTON. Dress Circle, 35.; Front Seats, 25.; Back Seats, Is. ’



ASHBURTON AMATEUR DRAMATIC SOCIETY. “ The Lost Ship.” T OWN HALL FRIDAY AND SATURDAY, JULY 9th and 10th. FRIDAY-BENEFIT OF Mr. C. BO URK Particulars in future advertisement. Go9c rjLOWN HALL, ASHBURTON. 1 WINTER EVENING READING! IN AID OF THE LIBRARY FUND, j: WEDNESDAY, JULY 7th. AT EIGHT P.M. Admission ... ... Sixpence. G24c Miscellaneous ITT ANTED, a GENERAL SERVANT. V Apply Mrs Saunders, Ashburton Mill. 603 c TIT ANTED—A good GENERAL SER- V\ YANT. Apply at once, personally to Mr. Willcocksj Wheatsheaf Hotel, Wheatstone. 559 c — TENDERS for DIG- V\ GING Round Trees in Baring Square. Applv at the Borough Engineer’s office. 623 c \ GOOD PIANO on hire, by the r\ evening. H. M. Jones, Stationery and Fancy Goods Depot, East Street and Baring Square. WANTED KNOWN—That C. Haw kins, The Tinwald I o >tmaker, has REMOVED to premises Opposite the Tinwald Post Office, where he is still open to Sell first-class Boots and Shoes at his usual Cheap Rates. All kinds of Boots Made and Repaired. 805g—417c TO LET CIEVERAL Two and Four-roomed HOUSES at low rentals. Apply, 619 c POYNTZ & CO. BOYS’ SCHOOL, ASHBURTON. THE Third Quarter will begin on TUESDAY, the 6th day of July. 605 c D. DAVIDSON. NOTICE. THE COMMITTEE of the Tinwald School having kindly permitted the use of the building for Wesleyan Services, such services will be conducted therein, on and after SUNDAY NEXT, at 6 30 p.m., each Sunday. Mr. Alison will con duct the first Service next SUNDAY EVENING, at half-past six o’clock. A Collection will be made each service on behalf of the Sustentation Fund of the Wesleyan Church. W. KEALL, 615c-8g Circuit Minister. ASHBURTON HORTICULTURAL SOCIETY. THE MONTHLY MEETING of the above Society will be held at Mr. Jacobsen’s Office, on TUESDAY, July 6. Mr. H. C. Jacobsen will read a paper on “ The pleasures and benefits of Garden ing.” S. E. POYNTZ, Hon. Sec. 616 c



NOW OPEN. ; MONSTER CARNIVAL, FANCY V FAIR, AND BAZAAR, IN FOWLER’S NEW BUILDINGS, Tcincrecl street. An opportunity that seldom offers. MR. I. MONTAGUE, of High street, Christchurch, Begs to inform the inhabitants of Ash burton and surrounding districts that he has OPENED —*- Those extensive premises known as Fowlers Buildings, Tancred street, With an enormous stock of FANCY G-OODS Of every description, consisting of Games, Musical Instruments, Dolls, Toys, Albums, Writing Desks, Lustres, JiO' y ■. Fans, Ac., &c., &c. These Goods are a Special Importation, and will be SOLD AT VERY LOW PRICES. The Sale will last for a Fortnight Only. EVERYONE INVITED. 614c-6g



Miscellaneous. Advertisements, inserted under the Shilling rate, must be prepaid. Booked, Is. Gd. will be charged. 625 c ST. JOHN’S MASONIC LODGE. nnHE Regular Monthly Meeting will bo held at the Templar Hall on TUES DAY, the 6th inst., at 7.30 p.m. Visiting Brethren are invited. W. H. G UNDRY, 626 c W.M. V. R. Tn the District Court of Christ church, Holden at Ashburton. IN THE MATTER OF The Debtors and Creditors Act, 1876, the Acls amending the same, and of the bank ruptcy of CHARLES BIDDER 'S ECK MEADE BRANSON, of Ashburton, Clerk, a debtor. Notice is hereby given that at the sitting of the above honorable Court next alter the expiration often clear days from the day of the publication hereof, application will be made to the said Court Hr an order ofdischrage to be granted to the above named debtor. Dated this 2nd day of July, ISBO. BRANSON & PURNELL, 621 c Solicitors for the Debtor. In the District Court of Christchurch, Holden at Ashburton. IN THE MATTER OF The Debtors and Creditors Art, 1876, the Acts amending the same, and of the bankruptcy of JOHN MOORE, of Cherlsey, Farmer, a debtor. Notice ts i-ierep.y given that at the sittuig of the above honorable Court next after the expiration of ten clear days from the day of the publication hereof, application will be made to the said Courr for an order of discharge to be granted to the said debtor. Dated this 2nd day of July, 1880. BRANSON & PURNELL, Solicitor fo • the Debtor. 622 c