DJDEFEaSIBILITY OF TITLE.
Our morning contemporary se^nls strangely^ bent 'upon convertimg ths diacassiori Up m . ihe, effect of. Mr. Justice il Wynne's judg ment in Brady v. Brady ami others into a
personal snjuauuie ueiwcea ,yne ucgi&.er and Advertiser. In an article -upon the 3uVjeofc n his issue ot November 9 we aru told that we have misstated facts ami drawn illogical cou elusions from them; that we have shown much misty ignorauce ; that we have heaped upon the true point at issue a great deal of extraneous and worth ess matter ; And that much ot our argument is not only surplusage, but sheer nonsense. In order to make things quite comfortable it is iurther intimated in regard to the gravest of these charges that as a general rule the Fegisicr 'shows some skill in this kind 00 work, and his power in this direction is not often seen to greater advantage than when he is quite in the wroog.' ' In jndging of this,' kindly adds our contemporary, 'something 1 must be allowed for prejudice, and perhaps a ' little for obtusenesa.' Xow, we should nob object to any of theae charges individually, or to all of them collectively, if specific iu stances had been given of prejudicet or obtuseness, or nonsense, or ignorance, or misatatement, as the case maybe. If this 1 had been done we could then - have dealt with each charge separately, and
shown, clearly where the error really lay. As the matter stands, however— with. the exception of one instance, which we ahall deal with presently, and which the Advertiser, no doubt unintentionally, misre lepresents— there is nothing from beginning to end of our contemporary's article which. will enable us specifically to meet these charges. All we can do therefore ia to ask our readers carefully to study both sides of the question, and decide for themselves whether the Register or the Adtertistr h most nearly right. To assist them in fol lowing Out the arguments and arriving at a right conclusion, we will briefly review the history of the discussion. On October 27 Mr. Justice Gwynne de livered his written judgment ia Brady v. £rady, and it appeared in the Register of October 29. On the latter day we alao pah* liihed an article describing the nature of the case, and calling attention to the fact that the avowed grounds of His Honor's judgment Jad an effect extending far beyond the par ticular case before him, and that the inevitable conclusions to bo drawn from the principles he expressly laid down were apparently at varianca with the pro viaonF, as they unquestionably were with the intentions, of the Real Property Act. On November 3 the Advertiser published an article which, without specifically referring to the Register, attempted to show that ' the BCOpe of Judge Gwynne's decision is much leas wide than has been supposed.' We presume oar contemporary will not pretend to say that his article was written apart from any implicit reference to the Rtjlater's argu ments. At all events we understood and accepted it 03 an unmistakable challenge to discussion. We accordingly returned to the subject on November 6, and endeavoured to show why we attributed so sweeping an effect to the Judge's dicta. We quoted the precise language of the judgment, and pointed out that the mean ing we attached to it was the only one that it could posaibiy bear. - In the course of our remarks we also quoted three prominent sentences from the Advertiser's article, a3 being written under a misapprehension of the facts, and as thus apparently helping to lead to an erroneous conclusion. We are sorry that in his reply our contemporary has not followed the example of fairness we thus set in citing the passages to which we took exception, and so enabling him to defend his position if he pleased. There was assuredly nothing offensive in our mode of doing this, and we are at a loss to account for the heat which he has imported into his reply, published, as we have already stated, on November 9. Before going further it ia as well to clear the ground by settling what are the actual facts in reference to the three statements thu3 impugned by us. We observe that our contemporary has not ventured a word in defence of the mo3fc important of these, which attributed a state ment to Judge Gwynne that he never made. Upon another of these statements the Adver tiser simply remarks that our version does not agree 'with that of an anonymous corre spondent of his own, but he does not venture to say that the Register U wrong, and still less that he himself i; right. -He ridicules the idea of attaching any importance to the point in dispute, but he does not explain why he first im ported it into the argument. The third statement was asfollows :— ' The mortgagees had lent their money on the land before it was brought under the Act.' Our contra diction of this assertion 13 the only specific instance of alleged misstatement which our contemporary has charged against us* Ho writes: — 'It 13 denied that the money was lent to Brady before the land was brought under the Act, but we quote from the ap plication to the Lands Titles Office,' &c. Here follows a long description o£ the application, of which the only point material to the present question is that Brady states therein 'that Frederich Heinrich Edward Wulf Krichauff, of Ade laide, agent, has lent to me [the italics are the Advertiser1 a] the sum of £230 sterling on the security of the said piece of land, and that I have agreed to execnte and registers mortgage for the said sum to himself, or to whom he may desire.' ' From this it is clear,' concludes the Advertiser, ' that the facts as we have stated them are the true facts of the case.7' In order to get to tftfo conclusion, however, our contem porary has overlooked the essential point of bis original statement. No one disputes that Mr. Krichauff had lent his money before the issue of the certificate, but Mr. Krickiuff ha3 since been paid off. The principal defendants in the suit— the parties who have lost their money— are the German Club. They are 'the mortgagees' referred to in the judgment and in the Advertiser's first statement. They refused to lend their money until the land had been brought unde * the Act, and it was only when the certifi cate was issued and the mortgage executed that they advanced their money to Brady to payoff the lien recited inhisappUcation. How then can it be said that Brady got their money before his certificate was issued? Having thus vindicated ourselves, so far as the Advertiser has enabled us to do so, from the charge of misstating the facts of the case, we turn to the only argument put for ward by our contemporary which is likely to have any weight with those who know what the facts really are. In order that there may be no misapprehension aa to this argu ment we quote hi3 exact ,Tords. He says :— *? During the argument, the quostion as to whether a certificate of title in the hands of a bona fide and innocent holder could be im peached, upon the ground that in some stage of the proceedings between the application and tho last transfer a fraud had been perpetrated, was not raised at all. That question has not yet been brought before tho Court in any shape, and there is no decision ou it. The dicta of the Judge, then, are not 'of far wider application than merely to tho caso whicn evoked them,' because' if they ware our friends of the Register would place the Judge in the position of- having decided questions which havo never come before tha Court, and which necessarily would fetter holders of property under the Act in dealing with their possessions without a single circaaistancs In connection with
their tenure being asserted, verified, or dis cowed.' . '??.'.' The simple answer to the first part of j this argument is that the question which I our contemporary says was not raised ! at all was argued at considerable length. The demurrer of the German Ciub expressly seta forth ' that the same person (by whatever name b« may be called) to whom the Registrar-General issued a certifi cate did by that same name mortgage to these defendants for valuable considera tion, and it does not appear that they had any notios of fraud, and defendants are therefore protected by the Beat Property Ad' In the course of his argument the counsel for these defendants org«d that ' the Court could not cancel deeds which, were in the hands of innocent persons,' ' and again that 'however fraudulently the certificate had been obtained it was good in the hands of innocent transferees. :- The objection that the mortgagees ware not protected because their mortgage was a forgery was scarcely urged at all, and in spite of his knowledge of thisfact His Honor remarked atthe close of the argument on their behalf, ' I am at present disposed to think they are protected.' Mr. Belt, for the plaintiff, who then followed, directed the main part of his argument to the position that the land was in fact never brought under the Act at all, and that 'if the certificate failed everything depending on it would also faiL' This so exactly states the avowed grounds of His Honor's decision that it is dtar he recognised the force of Mr. Belt's arguments. Bat to show more plainly still what was in the learned Judge's mind, we cite the following very significant remark made in the course of the argument: — 'His Honor said, according to the defen dant's contention, a son might improperly procure deeds from his father, get the property brought under the Act, and then sell it to a third party, whose claim would prevail against the father. If that were so the Real Property Ast^ introduced a state of things quite anta gonistic to the recognised principles of equity.' Again, at the close of the argument Hi? Honor said ' the case was a matter of very great importance, as it went to the very root of the Real Property Act.' Interpret the words in which His Honor sums up the grounds of his judgment, as quoted in our article of November 6, by the light of these remarks, and what was before clear enough must surely become irresistibly convincing. If not, why does not the Advertiser show that the words of the judgment will bear some other meaning t Is it not a significant circumstance that although our contemporary has told the reader over and over again what the effect of the decision is, and even pre sumed to affirm what was His Honor's inten tion in giving it, he has never once quoted one sentence of the judgment itself in con firmation of his statements ? Our argument, on the other hand, has been based upon its exact words. But we are told triumphantly that the Judge could not decide questions which have not come before him. The ample answer to this is the one vhich we have already given to Mr. Gawlcr, and which, he has not ven tured to contest, that ' it is not a rare thing for Judges, in deciding npon cases which involve new points of law, to lay down principles which are intentionally made to bear a broader, application than to the particular matter before them, and such principles, although they may not carry the full weight of final decisions, are treated with the utmost respect, and frequently have as much practical effect as if the broader question had been argued at length.' If the Advertiser disputes this statement we will give specific instances in point. We have not pretended to attach greater 'weight to Judge Gwynne's deci sion than is implied in the foregoing passage. We have not contended that the forged mortgage of the German Club can be upheld in terms of the Real Property Act. We simply contend that our contemporary cannot point to any passage in the judgment which justifies his assertion that ths mortgage was voided because it was forged; that on the contrary the express grounds npon which the Judge voided that mortgage were abso lutely independent of the fact of its being a forgery ; and that, assuming those grounds to be upheld, a bona fide mortgage, if not an actual transfer, would be equally void when based npon a certificate obtained by fraud. This is the inevitable conclusion from the terms of the Judge's decision. No one has yet attempted to show that they will bear any other interpretation; and mo3t assuredly they go— to adopt His Honors anticipatory words— to the very root of the Real Property Act. The Supreme Court.— The Criminal Sittings were continued on Wednesday, November 11, when the following cases were disposed of:— Charlotte Fell, who pleaded guilty of burglary and of a previous conviction, was ordered to be imprisoned for IS months ; Otto Sonnennan, convicted of an attempt to commit au offence upon a girl aged under 12 years, was sentenced to two years' hard labour ; Henry Richardson pleaded guilty of forging four cheques on tho .Bank ef Adelaide, amounting in the aggregate to £361 12s., was sentenced to two years' imprison ment with hard labour on each charge, the sentences, however, to run concurrently ; John Robert Richardson, charged with being an acces sory after the fact to one of the forgeries com mitted by his brother, was acquitted ; Bootha, a native of New South Wales, found guiity of rape, was ordered to be imprisoned for 15 years, he having been frequently convicted of various crimes. The Court adjourned at 10 minutes to 5 o'clock. Tho cases for trial to-day are :— Sarah Baylard, child-murder ; Robert Everdell, larceny; Matthew Simmons, stealing; Wm. Jas. Hamilton, stealing from tho person ; Fredk. Wm. Suwamow, stealing; Thos. Collins, felonious assault. The University Association. — At a meeting of the University Association held on Wednesday, November 11, an address to the Hon. Thomas Elder in recognition of his muni ficent gift to the Adelaide University was unani mously adopted. The Hon. A. Hay stated sUat the deed of. gift had been executed, and that Mr. Elder undertook to pay the whole £20,000 to the institution at tho sania time as Mr. Hughes, which is within ten years of tho date of tha gift. A resolution was passed authorizing the Treasurer of the Association to hand over to the Council of the University when appointed all funds and documents. The Association will cot be dissolved for the present. The t rjseu tation of the address to Mr. Elder wfl t?ke place on a day to be hereafter named.
Lectcbe. — 'Ezypt and the Andent Egyp 1 ior.' was the litto of an excellent iecture — the third of a series — delivers'! in the Town Hall Refreshment Room on Wednesday evening^ Kotettber 12, by the Rev. C. L. Wbitham. Mr. W. Kay, J.P., presided, and there was a good attendance. The lecturer, after referring to the superior aciiqaUy of th« language «f the Chinese ovor tho Egyptians, ancient as t;hat race i§, gate a short geographical sketch of tha country, described the peculiarities of tha Nile, the general character of the land, and the nature of the climate. U& spoke of tha antiauity of the Egyptians, as shown by the grand old relics of a- I bygone time which still stand as eridenoas of tha grtat race of nap who raised those monuments of their civilisation and power. Than followed a raumi of the early history of the Igyptiaaa from tie time of Mesas, who was supposed to have bailt Memphis. Allusion was made to their relations with foreign nations at a vary early period of their history, tha engineering skill of the peop!e, their knowledge of the arts and science*, which proved their high state of civiliza tion. The second or middle period of Egyptian history, taking in the reign of tha Shepherd Kings, who preasad into tha country from the north or north-east, and conquered Lewer Egypt* was touched upon. After about 900 years of oppression the Egyptians, it was stated, recovered their position, and tha reign of the great Theban Kings began. The period of 1,300 years was the grandest period of Egyptian history, when they extended their kingdom and the great works which still bear tribute to their tasoe were erected. Daring that period the division of tha people into casts and the land into districts was settled. Theprieets had the monopoly of every kindof scientific knowledge, and therefore had y reat power over tha people. They were of the highest elaas, and the King had to be of that clas.4. First came the priests, next tha warriors, next tha tradesmen, and last the labourers. The glory of the kingdom declined in succeeding ages, and tha people cane under the Ethiopian rule, and s^rypt soon lost the exclusive or original nationality which bad so long been her strength. The advent of the Persians, and tha subsequent rule of Alexander the Groat, who was. succeeded by Ptloemy, who founded the great race of the Ptolemies, wore referred to, and the state of Egypt under the Romans spoken of, when the lecturer then gave a detailed account of the arts and sciences known to the Egyptians. He spoke of the delicate and tine workmanship of the people in glass, their acquaintance with the art of cloth manufacture, their knowledge of architecture, cabinet work, delicate stcno-canring, painting, and other arta, which proved their high state of civilization. The extremely religious tendencies of the people, which prompted them to cover their buildings with writings of a sacred character, was men tioned, and the lecturer expatiated upon the great effect such sentiments had upon the race, who soenied only to live to worship. He then ran through tho names of the Egyptian divinities, gave a briof account of their mythology, and touched upon the social character of the people, their love for their 1-arents, respect for the dead, devotion, Ivanovo ence, and admiration of generous qualities as testified by inscriptions upon tombs, &c. The religion of the race connected itself with morality and the strict observance of social duties. The Egyptian writings, their antiquity, minuteness of detail, and the extreme care with which the history of the nation was written upon almost imperiehablo tablets formed the next subject, and tho difficulties thrown in the way of ethnologists in} seeking an insight into the origin cf tho* race from the records left received attention. The conilicting opinions as to the fountain ? head from which this great and extraordinary people sprang, and the belief that they came from tho Semitic race, also tho arguments in favour of their Arian descent, formed another subjectfor remark. Asia, it was said, furnished the brain, and Africa tho fire, thus forming an energetic intelligent race of men, who left their mark upon history. Various arguments wore advanced in favour of the belief that tho Egyptians were mainly Annas, with a alight connection of the Semitic race, from their prominent characteristics, and tho speaker concluded by expatiating upon the valuable truths modern nations had gained from the Egyptians. The address, which throughout displayed a large amount of patient research on tho part of M?. Whitham, was listened to with great interest, and hearty thanks were accorded to him at tho close. . Sudden Death at Noarluxoa.— Mr. Thomas Pedler, an old settler in the district, died very suddenly on Tuesday afternoon, the 10th iust. Ilia deceased, who was about 74 years of age, had for six or seven months boon resident near the Tintara Vineyard Company's property at Seaview, with bis niece and her husband, who were in the hay -field from about 10 o'clock ia the morning, leaving Mr. Pedler alone in thi house. Upon their return at 5 o'clock they found him lying on his face 100 yards from the house, apparently in a fit, he being quite black in the face and blood trickling from his mouth. Dr. Kelly, whose residence is close by, vas immediately sent for, but before his arrival Ifc was extinct. The police-officers at Morptett Vale having been communicated with, enquires were made oy Mr. J. Stewart, J.P., who certified that there was no necessity for holding on inquest, there being no doul-t that apojiexy was the cause of death. MuBDKnous Assault ox a Warder.— In its issue of Saturday, November 7, the Melbourne Age said:—' Considerable excitement was laused at Pentridge yesterday when it was knora that the notorious Weechurch had committed a mur derous assault on the warder specially told olf to look after him. For some time Wetchurcb, Osterchamp, and Cook, who aro undergoing sentences for murder, and are insane according to the opinions of the officials, havo bean set in various portions of the prison by themselves, weeding in the garden and doing other light work under the special supervision of a warder selected for this duty. Weechurch has lately shown a restless disposition, and was recently taken before the Visiting Justice for bis miscon duct while attending the service kid in tho prison on Sunday, and was forbidden that privi lege. Yesterday moruine:, because tko Inspector General would not take notice of some frivo lous and vexatious complaint, he became very abusive. At the usual hour for joing to work, Weechurch, in company with O*xcrchamp and Cook, was escorted by Wardor JSxmes Coghlan to the reserve ground., around what was for merly the female prison, but now known as the C division. Weechurch had a garden hoe, and Ostorchamp a hayfork, tho warder being merely armed with a baton. Warder Coghlan had been on the sick list for two days previously, and it is thought may haya sat down to rest, Weechurch slunk behind him, as Coghlac was watching the other two men, and dealt him a violent blow on the temple with the hee. and struck Coghlan to tho ground, leaving him insensible, Weechurch, thinking he had accomplished what was his in tention, namely, the muider of an official, coolly walked into tho building where his cell is, remarking toWorders Gayner and Forsyth,whom he met, * I have killed tha; warder out there; I want to be usng; I am persecuted ; I will cjo to my cell.' He was at once looked up, the two warders running out to assist; Coghkn, whom they found bleeding profusely from a largo wound on the right sido of the face, and quite unconscious. Coghlan vas taken to the prison hospital, where his wound was sewn up by Dr. Pieed, the Resident Helical Officer. Tho wound v;as about three itichei in oxtent, on the riatht temple, very deep, but Dr. Reed does not antici pate fatal results. Coghlan is one of the quietest officers, though very careful as regards hi3 duty; but it has been the general opinion amongst the warders for some tima that one or other of tho officials would receive bodily injury from so cunning' and dangerous a criminal as Weechurch. Two years ago he attempted to stab Mr. Duncan, the Inspector-General, but owing to the coolness aud courage of Warder Love Mr. Duncan was on!}' slightly injured. Weechurch also sat fire to the ccw shoemaker's shop, erected at cen sidcrablc expense, and caused tho total dostruc tion of the building, with a valuable lot of machinery. He also attempted to set fire to tho Icsyector-Gcnerai's quarters, but the effort was frustrated. On another occasion ho broke a lot of sev.iiicr-rnachines. Tho warders do not feel F.ife, with this man, who has been permitted to Lave means of doing serious injury in his possession. At tho time of Ms reprieve special ir-atrnetioES were given that he should not be allowed anything wherewith he could injure any peiicn or himself. Last evening Mr. Ceghlan was in as favourable a state as could bo ?jpected.'
Sfrvicr of Sonc— One of this class of entertainments, which has during the put year or to become popular throughout the colony, vb» given on Wednesday evening, November 11, at the Norwood Wesleyaa Church. Bo many of these services, founded on different subjects, bare been prepared that the officers of tha Sunday-school by whom the affair was in»*»»fa»^ had a Targe and varied collection from which to choose a piece suited to the abilities of the pupils. A compilation illustrative of tha Creation, which has, we believe, never before been rendered in the oolony, was selected. After several weeks' practice the children— about 200 in number— ware, at might be expected, profi. dent, and the way in which tksy sang fully bora out the anticipations of pleasure formed. Mr. C. Back conducted, while Mr. Jas. HiUprw sided at tha haraonium, and the Be?. H. T. Burgess, Circuit Minister, gave connective readings from tha Scriptures, 8everal instru ments wtra used is giving volume to tha musical sounds. The service opens with hymns oele Jbrating tha glory and power of tha Almighty and His eternal attributes, a description of the creation of the heavens and earth follows, and psalmcdy illustrative of the works performed on each of the six [d&ys ia rendered. The rest of the aeieoth is then portrayed, and the dominion of man, the compassion and lore of the Creator with £w mercies in continuing the fwaiiom, are enlarged upon. The voices of tha singers again break forth in adoration of the Godhead, and in exhortations te His praise. Finally, reference is made to the fact that 'Tha earth, though beautiful, is denied, and is no longer a resting place for man.' The whole service is of great beauty, and as chants are interspersed with hjmni a variety gratifying to the ear is secured. Tha only palpable defect in the rendering was tha loudness ef the baas instru ments, which were at times too distinctly audibk The entertainment, which will bear repetition, realized no doubt a fair amount on behalf of the school funds. The Late Mr. Barrow.— Mr. W. J. Lott, of the Paris Studio, has shown us a large-sized and particlularly bold, clear, and faithful mezzotint likeness of the late Mr. J. H. Barrow. The features are remarkably distinct, the expression is excellent, and the head stands well out from the background, so as to look more like a bust than a photograph. Mr. Menpes finished the picture, which we are informed has been prepared upon an improved method. Harmst d» the Areas.— Reaping will be begun on the Crystal Brook Area next week. On the Broughton the harvest will commence within t fortnight. The Amalgajiated Companies. — Mr. W. listen, Manager of the North aud South Eleanor, Royal Standard, and Edel Maria Gold Mining Compaiy's properties, has telegraphed to Mr. C. J. Costea from Pine Creek that tho reservoir for wa«r is completed; also that the road for carting the quartz is being proceeded with. CHE«j^E-MELTiSG.—Our Burra correspondent informi us that the number of men partully or wholly intoxicated now daily seen in the neigh bourhood is astonishing. Fatal Attempt to Caoss a Creek.— Tha Pastoral Tina reports :— ' The scan© at Boonjke Station, near DeniHquin, when Mr. Webber was lost, was one that possibly only takej place in Australia. Ho, six feot high, had left hearty and strong in the morning to place sheap in ene of the paddocks of tho run, which is owned by Messrs, Peppin ; he had crossed owr two bridges, and bad deposited the sheep, wlxu it must have occurred to him that he coild make a short cut. Instead of returning by tho bridges be determined to swim his horse, though ho could not swim. In trying to cross Vie Larrow creek the horso must have rolled orer, aud poor Webber was drowned, while the .uircal landed safely. A second creek now in xrpesed between the horse and the homestead fhere at night Wobber was expected. Not Arriving-, one of tha overseers started a messenger to Cornargo to mako enquiries, but the missing maif had not been there. In tho forenoon succeeding tha evening of th-j drowning tho horse which Wobber rbdo was discovered within half a mile of the home stead. The saddle was wet; and a watertight bag or pouch on the side of the saddle wa; full of water, showing that tho horse bad re cently swam tho second creek. Webber's faith ful dog, too, had just returned. A caucus was now held, and in a short time 20 mounted horse men, either shearers or workers on the station were off to search for Mr. Wobber. They tracked the horse's steps towards the creek, tho dog in their company running from one to another, looking unutterable things in his fidelity. On, on they went, until they arrived within balf a mile or so of the fatal spot, when the dog broke away howling. Making straight for the water, he then plunged in and swam around the placo where his master lay dead in 15 feet of water. Thirteen shearers now took off their clothes and dived for the hoiy, the dog among them the mobt active. The moment that they relaxed their efforts ho seemed seized with new life, plunged again and again into tho water, ducked, dived, and crying bitterly. At length they gave up the [search while they sent off to the station for a boat and drag hooks. After 10 minutes' operations with these the body was recovered— the dog, faithful to the last, when his master's doad body lay for a few minutes strotched on the bank, clung to the corpse. Forty-eight hours afterwards (Friday, 16th), Mr. Webber, who on Tuesday was well and in the vigour of bis manhood, was interred in Deniliquin Cemetery.' Mr. Elder's Gift.— In a late impression the Melbourne Argus said: — ' Can it be that there is something in the air of South Australia provoca tive of enterprise aud liberality' That our neighbours are enterprising, the transcontinental telegraph bears testimony, while many signal instances might be quoted to prove their gene rosity. Not long ago wo had to notice tho splendid donation of £20,000 which Captain Hughes had icado to the Adelaide University, and now we find that his excellent example has found an imitator ':in the person of tho Hon. Thomas Elder, who has given a like amount. The latter, we see, has enhanced tho value of his gift by abstaining from attaching any conditions to it whatever. Such deeds as these do infinite credit to the gentlemen concerned, and reflect honour on the community of which they are members. The business of monoy-making ceases to be a sordid pursuit when its rowards are partly dedicated to such noble objects. Is Vic toria less wealthy than the neighbouring province, or are its inhabitants less enlarged m thoir views' This colony, unless we aro very much mistaken, is not entirely without men of largo fortune, but we look in vain for any record of dona tions to charitable or educational institu tions rivalling, or even nearly approaching-, thoso of Messrs. Hughes and Elder in magnitude. Our University is not in want of endowment so far as working expenses are concerue d, but it would no doubt like to see some fellowships created, aud the number of scholarships increased considerably. A pood library and a great hall would also be valuable additions to its appliances, and tho erection of either one or the other might well be claimed ly any Ian?e hearted man of wealth as his privilege. Pos thumous fame may seem to eomo who have only sufficient to minister to their necessities but an unsubstantial thing to put against hard guineas, but surely it is a good investment for those who have enough and to spare. It ia better for the millionaire to leave his children a little less rceney than he might possibly bequeath by un interrupted 'screwing,' and to give them the heritago ot a name held in universal honour by reason of its association with deeds of enlightened liberality and genuine usefulness. We commend this thought to those gentlemen in this colony who are rolling in ricbes, and daily amassing further wealth, perhaps for some graceless heir to squander.' Robbkrt on* THE Dekbt DAY.—An impudent robbery was committed by Patrick MoUowan and John Denison on the racecourse last Satur day, says the Daily ^Telegraph of the 5th inst. A 'butcher named James Young was giving change to another person for half a sovereign, when Denison struck him in the eye with bis clenched fist. Young fell, and was about rising, when McGuwan came and struck him also. The money Young had fell out on the ground, and a little black boy who was him picked it up. The prisoners then laid hold of the lad, and catching him by the throat wrenched the money out of his hand and ran away. The prosecutor Young gave chase, and a mounted constable arrested McGowan, upon whom the money was found. The other prisoner was afterwards captured by the crowd, and taken to the police van, «
Memorial Tablet.— We have seen at fraser '* Delabole Slateyard aa elegantly-wrought mural tablet to be erected in the Kent Town Wealeyan Church to the memory of the lato Mr. O. P. Harrik It is saves fast six inches in height by. three feet wide, formed in tha early loglish style, after a design by Mr. E. J. Woods, Tha ground work is of Bath stone, with two columns curved of Kapunda dove-celourad marble. On a central plate, consisting of fine white Italian marble, ia the foUowingjBMripts-m:~-MIn me* morian. George Peter Harris, tied November 28, 1173, agtd Si yaan. 'Be ya also ready.'' Tha work has bean executed at a cost of nearly £100, and reflects credit upon Mr. frrarii en* Municipal FucnoifEERiita.-- It does not seem at all wonderful that men of respectability require strong requisitions to induce them to stand for numicbal positions, as the treatment they occasionally receive at tha meetings during tha canvass is such as few men with any delicacy of feeling could endure. The meatijDg held at tha Supreme Court Hotel on Wednesday evening illustrates the truth of what wa aiy, for nearly all tha can didates, and even tha Chairman, had much that was said quite drowned by the disorderly sounds raised by about a dozen persons, who installed themselves in tha foremost positions amongst ilia audience, and conducted themselves more like tha inhabitants of a menagerie than human beings outride the walls of a lunatic asylum. A short report of the proceedings will be fouad in another column. The Locust Abht.— Locusts in myriads are coming from the Eastern Plain, travelling west* ward. They are as yet, without wings and not quite half grown. It ia devoutly hoped that tha crops will be ripe before the peats attain maturity. Is-jU£ST 05 A Fras.— On Tuesday, November 10, Mr. W. Harcua, J.P., held an Inquest atthe Royal Admiral Hotel respecting a fire which broke oat in Mrs A, Bellgrove's millinery shop, Hindley-street, on Saturday. Mr. J. H. Lewis was Foreman. Alexandrina Bellgrove, widow, deponed that at 11.20 p.m. she was sitting in her workroom, just behind the shop, when she heard a sound as if some one were throwing gravel at the glass door, also a noise of falling. Heard tho window was on fire. Got water and went to the window. The goods in it were in a blaze. Had not been in the shop for an hour or two before the nre. The drapery in the window was mostly light. The shutters had been put up a few minutes before the are was noticed. The shop-door was not locked. Estimated the damage from £60 to £70. Was insured. Thoma3 Knowles, jun., hairdresser, said he heard the report cf fire, and immediately wont to Mrs. Bellgrove's. The goods inside the west side of the window were blazing. Assisted to put the fire out. Did not know how it originated. Thought the gas bad escaped and caused the lire. Could not say whether the gas wsw burning or not. William Willesley, baker, of Hindley-street, stated that he also went to tho tire. Helped to take the goods out of the window and trample upon them. Smelt ga3, but did not know whether any of the burners were alight. Jessie McRae, single woman, deposed that she ran into the shop oh hearing a crackling noise at the window. Saw tho goods in a blaze. Was in the shop about a quarter of an hour before the fire. The lights were then burning in the window. Could not say whether the gas was burning. The boy who put the shutters up extinguished one of the gas burners in the win low, but not tho other, as tho joint was defective. Thomas Byrt, police-constable, proved that when he first saw the 3hop, about an hour after tho tire occurred, it was in the same state as when seen by the Jury. Without retiring, the Jury returned a verdict of accidental conflagration. Road from; Humbug Scrub Diggings.— A deputation, introduced by Mr. E. Ward, M.P., consisting of Messrs. J. Hooper, W. Bowman, and F. Bowman, waited upon the Commissioner of Public Works (Hon. H. E. Bright), on Wed nesday morning, November 11, to ask that a road might be made from the Humbug Scrub in the direction of Yattalunga. It was pointed out that this portion of the district was likely to assume some importance, owing to tha value of the mining properties, and that it was necessary some means of communication should be provided with tho outside settled districts. The road at present used went through, private pro perty, and a toll was charged upon the traffic. A better road, however, could bo made through other property if tho Governmont would assist, and the Para Wirra and Munno Para East District Councils wero willing to do all they could to facilitate tho carrying out of the wishes of the residents interested in sssuriug the road. Mr. Bright, in reply, said that this was tha first time his attention had been publicly called to the necessity for a road to the Lady Alice in tho direction of Yattalunga. He could not promise asy thing upon the verbal information that had been given him, and suggested that the Munno Para East and Para Wirra District Councils should wait upon him jointly, or send a memorial with the road kid out on a plan, as he did not know at present whether the track was through pri vate property or not, or whether exchanges or purchases would be necessary. A thousand pounds had been voted for a road to tho Lady Alice via the Lyndoch and William3town roads, and there were no fund3 at present for a road in the direction tho deputation indicated. Concert at the Bcrra,— a concart in aid of tho fund for building the Roman Catholic Church of St. Joseph at Kooringa was held in Lamb's Burra Assembly Room on Monday even ing, tho 9th instant. Mr. W. H. Rosman pro Hided. An apology for non-attenJanco was read from Mr. Christen, who was to have taken part in the entertainment. The performance opened with a grand fantasia (Hunton), brilliantly ren dered by Mr. O. Stange. Next followed ' The Mariner in bis Barque' (Wallace), by Mr. O'Brien; then, 'Her bright smile haunt3 me still,' given by Miss Flaherty. This lady, who has a rich clear voice and good enunciation, sang pleadingly. After the song, ' Yo count less' warblers in the grove,' by Mr. Mumme, 'Spread thy silver wings, O dove,' by Miss Peters, was enthusiasiically encored, and tho lady gave 'II Bacio,' by Arditi An old friend, Mr. F. Moody, contributed 'Tho Re turn of the Admiral,' which he had to repeat. Be also sarg as a duet with Miss Flaherty ''The Gipsy Countess,' which also elicited an eDCore. 'The heart bowed down,' by Mr. O'Brien, concluded the first part. ' Kathleen Mavourneep.' by Miss Flaherty, was the gem of the evening, and the applause was most hearty — even boisterous. She gave the reply, 'Come back to Erin,' which pleased, if anything, even better than the preceding. Miss Peters and Mr. Mumme wero encored in the next duet, '? How sad it is to say farewell' The gentle man named then gavo 'The lover and tho bird,' and on a re demand substituted, ' Oh, take me to thy heart again.' Another duet, ' The Army and Navy,' by Messrs. Mumme and O'Brian, followed; then Mr. O'Brien gave 'Though fortune darkly o'er me frowns,' and the programme closed with 'If I had but a thousand a year,' from Mr. F. Moody. Tho affair was a great treat, but a gleeor two would have added to the variety, and tho Burra people are fond of a combination of voices. There must have been few under 500 people in the room, and no doubt the proceeds were satis factory. VlCTOKIAN MaMJFACTCBED LOCOMOTIVES.— The Ballarat Star reports that engine No. 114, the first designed for passenger traffic under the new contract with the Phoenix Foundry, waa taken to Geelong for a trial trip. A start was made five or ten minutes after tha forenoon train to Melbourne had left the Western Station, and this prevented the engine being put to anything like speed. Two hours wero occupied in going to Geelonsr. The naw engine is con structed slightly different from those under the old contract It has two outside cylinders, the hind wheels are coupled, and the wheels are six inches larger than those of the luggage eagines. During the run the locomotive covered the measured mile on flat ground in 53 seconds, and the return journey was accomplished in one hour and three-auarters. Everything worked smoothly, and Mr. Meikle said that he never travelled on an outside cylinder engine which worked with less oscillation and vibration than No. 114. Tho Phcenix Foundry Company have to supply five other passenger engines and three goods engines before then* contracts are com pleted, and the locomotives will now be delivered to the Government at the rate of one every three weeks.