Page:The Perth Gazette and Western Australian Journal 1(11).djvu/3

 THE PERTH GAZETTE, AND WESTERN AUSTRALIAN JOURNAL. Within the past fortnight we have had a slight fore-taste of the winter; comparatively cold with heavy rains.

We have heard with regret, that a few days ago, a fire broke out on Mr. Shaw's grant, at the head of the Swan, which destroyed about 50 tons of Hay. The origin of it, is still involved in mystery, bnt some apprehensions are entertained that it was not purely accidental; we shall probably hear more of the business before long.

On Wednesday morning last about 7 o'clock, an alarming fire broke out at Mrs. Birkett's Bungalo, which in the course of 20 minutes extended its ravages over this and the adjoining cottages, and the whole of the premises within this short space of time, were leveled with the ground. Soon after the flames burst forth, the Bugle sounded the alarm, which drew many persons to the spot, who readily lent every assistance in their power, in addition to the aid afforded by those in the neighbourhood, and by their praiseworthy exertions a portion of the property was saved; but we regret to learn the loss sustained, is still very considerable, comprising many articles which cannot be replaced in the colony; it is said that many important papers and documents have fallen a prey to the devouring element.

Mrs. Birkett had a narrow escape, the flames having reached the bed upon which she was lying, before she was aware of her perilous situation. Unhappily this lady and her daughter have not saved a single article with the exception of the few things they hastily threw over them. The deepest sympathy has been excited in their behalf. The money which was missing for some time, was found by a private of the 63rd amongst the ruins and honorably restored. During the day several conjectures were hazarded as to the origin of the fire and at one time some suspicion fell upon the natives, which was subsequently ascertained to be totally unfounded; again it was supposed that a lad, living in the neighbourhood, who had been chastised a few day's previously for committing some trifling depredations, might have done it from a spirit of revenge; this suspicion was also removed by discovering that the servant, who was about to light the fire, had thrown the ashes and emders in the direction in which the fire originated.

Mr, Drake, and Mr. Leroux were sleeping in the Bungalo, and we are sorry to learn have suffered severely by this untoward accident. Mr Collinson who resided in one of the cottages, had fortunately, just sufficient time to clear his things out before the flames reached it. The three cottages were constructed of reeds and rushes, and it is worthy of remark, that the previous evening the risk they were exposed to from fire, was the subject of jocular conversation, and plans suggested for checking the flames, or supporting the roof, which was of a considerable size, in case of its giving way, little contemplating how soon the designs would be called into practice.

Repeated and considerable losses have been sustained by fire, since the establishment of the Colony. We trust this addition to the number will prove a caution to those who are surrounded by such inflamable materials.

The total loss is estimated at about £700.

We have been informed by Captain Ellis of an interesting fact, that Yagan the native we alluded to in a previous number as the daring chief of the tribe, hurried to him in the greatest anxiety during the time the fire was raging, and wished to know whether suspicion rested upon black man or white man; on its being intimated to him that the fire was purely accidental, he evinced by his expressions and gestures great delight. He made every exertion to procure water, and stimulated others by his cry for mocha, mocha. This we believe may be relied on, and is a striking trait in his character.

THE UNION, V, THE ALBION, OR THE INTERRUPTED SACRIFICE, This piece in which the worthy Hosts ("each in himself a host") of the Union and the Albion were to have taken principal characters, to the infinite disappointment of the laughter loving public, was suppressed a few day's ago by the authority of the civil commissioner, the parties not having a license to perform in the open air They were both bound over for a time, not to get up any similar performances; but as they have retained their Arms, the public may still indulge the hope of being afforded this rational, and fashionable amusement of the day There was an under plot, in which Mr Armstrong and Mr Darby, were to have made their appearance, we believe for the first time in the characters of seconds; they are represented to have felt most indignant at the intervention of the Magistrate, and therefore determined to get up a farce of their own which the vigilance of the constables defeated.

In the present dearth of places of public amusement it is a pity to interupt such diverting performances, and more especially as the benefit society would derive from these exhibitions would fully compensate for the degradation of the Actors.

The following is a literal copy of a letter written by a candidate for public patronage in the duelling line; addressed to the Manager of a licensed company;


 * Sir,

I shold wish to now yure entent that is to say wat you mane to nam weather you mane to fancy the garl or not for I meat you Munger's leak with a brece of pistils to settell all hour offeirs W B S

The above is written on the back of a Bill, which comprises the following items; 2lbs Salt, (query Saltpetre?) one gallon of gin, Sundry pipes, Tobacco, 4lbs flour, 5½bs Pork, one gallon of gin; A goodly portion of liquid forsooth, to accompany the eatables!! "Armed say ye? Armed my Lord"!!!

CIVIL COURT, PERTH, 12th March, 1833, , Civil Commissioner

At the opening of the Court Capt. Graham, on behalf of Mr. Hall, appeared to shew cause for a new trial in the case of Anderson v. Hall, in which, judgement on the previous court day, had gone by Default. A new trial granted. The parties being desirous of entering into the case for the present sitting, wished to be informed, whether it could, be opened without being registered, to which the Commissioner replied, "Provided both parties agree to bring the case forward, and comply with the usual course adopted, and enter it in the proper shape on the Books, as far as my convenience may be affected, I shall not throw any obstacle in the way.—It may be entered to-day and heard to-morrow"

Leake v. Bickley.—A jury case. Mr. Brickley not appearing, the case was postponed. Mr. Leake hoped the expenses incurred by Mr. Bickley's neglect, would not fall upon him.—The Commissioner observed, that would certainly be a matter for consideration, in case of any delay, it was but reasonable that the expenses should fall upon the party occasioning it.

Lamb v. Hall.—Judgment by Default.

Lamb v. Mayo.—Mr. Butler appeared for Mr. Lamb, and stated the Defendant was indebted to the Plaintiff in the sum of £3. some odd shillings, which the Defendant strenuously denied, having paid the amount to Mr. Butler, which he had transferred to an account due to him, and not to Mr. Lamb's account for which it was intended. This Mr. Butler as strongly repelled.

Mayo.—Then I bet you one shilling, I don't owe a pound; but if you go on in this way: next court I pull up some of my friends, so the business have an end. Why not let me know you change accounts, when I was at your house t'other day?—why wear two faces under one hat? (a laugh.)

Mr. Butler said there was no disposition on the part of Mr. Lamb to be oppressive, and if Mr. Mayo would state any time within which it would be paid, he would allow Execution to be stayed.

After some altercation, Judgment was given against the Defendant with stay of Execution for 2 months.

Butler v. Armstrong.—The Plaintiff claimed £4. for hire of a Boat.—He stated that the boat was lent for two or three days to the Defendant, for the purpose of removing his goods from Clarence to the place he now occupied: one pound to be paid for the use of it; the Plaintiff instead of returning in the time agreed upon, kept it for l8 days. He had used it for carrying wood to Fremantle, and in picking up Mr. Boyds boat for which £7. was charged.

Armstrong.—" The use to which it was applied, was, saving the lives of Captain Boyd, and his men, for which I never received directly or indirectly a farthing, a present of £2. was made to a black man, who was in my employ, but, it never came to me. In the begining Sept. 1832, I wished to move, and requiring a Boat, asked Mr. Butler, who said he had no use for his, to let me have It, and at the same time requested him to make his charge. He said £l. to which I agreed. There was no time stated when the boat was to be returned. Upwards of l8 months have elapsed and not a word said about it—I considered the affair at an end until I received this summons.—Butler.—Circumstances which need not be mentioned, gave rise to my not speaking to Mr. Armstrong.—Commissioner.—You acknowledge an agreement for £1.—Butler.—But the boat was to be returned in a few days. I applied for it through Mr. Bailey When sent back it was injured.—Armstrong.—The rudder was lost in saving three lives; little should be said about that—Commissioner.—As usual I am left without any evidence.
 * Plaintiff Nonsuited.

Anderson v. Hall.—Mr. Butler appeared for the Plaintiff, Mr. Graham for the Defendant.—Mr. Butler explained. "This is an action instituted to recover from the Plaintiff 241 spanish dollars; a part of certain monies deposited for safe keeping by Captain Anderson, in the hands of the Defendant. I appointed him to the command of the brig Skerne, and when he applied to the Defendant for the money, the only reply he got, was, "It was not convenient for Mrs Hall to get at it." Captain Anderson asked me one evening shortly before he sailed, to walk down to the Emily Taylor with him to witness any thing, which might be said upon the subject. Mr. Hall then made an oath that it should be returned by the Thursday in despite of Mrs. Hall.—After that, this Affidavit made by Captain Anderson before a Magistrate in Fremantle, was placed in my hands. I entered into a speculation in Iron with the Capt. to reduce the amount, that was the only check against the deposit with the exception of 21 dollars he had received, which left a balance of the amount I seek.—Mr. Graham for the Defendant stated, that he would not deny the deposit was made, but the exact amount he had no knowledge of; the Captain was in the habit of taking various sums from the bag. Finding he was gone Mr. Butler applied for the money. Mr. Hall puts in this account which leaves a balance in his favour. Some strong expressions were made use of by Mr. Butler, touching the correctness of this account. He said he felt convinced from his knowledge of Captain Andersons expenditure and habits, he had not received a single article specified as furnished to him: in fact the affidavit made on the eve of his departure gave a positive contradiction to it, and the Plaintiffs pledge to take the money from Mrs. Hall hy main force confirmed it. Mr. Butler remembered at the time hearing a great lamentation from Mrs. Hall, which the