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

 WANTON ATTACK UPON THE NATIVES. We have been informed that a most wanton attack was made upon the Natives, in the neighbourhood of Armstrong's Point, during last week, by a party returning from Perth to Fremantle. Although unprovoked by any act on the part of the Natives they fired several rounds upon them. It is said the guns were merely charged with powder; admitting this, the attack was equally unwarrantable, and it is to be hoped will not be repeated.

CIVIL COURT, 5th January 1833.

——000——

Before G. F. Moore Esquire, Commissioner.

This was an action to recover £245, for employing an indentured Servant.

Graham v. Wright. Mr. Clarke appeared for the Plaintiff, and handed in Mrs. Weavell's Affidavit, in consequence of her continued illness. It was to this effect, that she left England in the year 1829, and that Ann Tew was previously her servant; there was a verbal agreement on leaving England, and she (Mrs. Weavell) had every reason to beleive, that it was reduced to writing on arrival here. Beleves the document, and Signature to be the writings alluded to Ann Tew broke through a window. Not aware whether she left with permission or not. She snatched a paper and burnt it, which Capt. Graham said was her agreement, but I did not think him serious.

The Commissioner—considering the Indentures sufficiently proved, the Witnesses were called.

Charles Spiers.—Recollect seeing a Notice stuck upon Mr. Samson's door, cautioning any person from hiring Ann Tew, as they would be prosecuted; it was about March 1831.

Cross-examined.—Don't know whether Mr.Wright saw the Notice.

Commissioner—to Mr. Clarke—do you rely upon the Notice? I don't know whether I am anticipating, but I may as well state, that unless you prove having given Notice to Defendant himself.

Mr. Clarke.—but I presume a Notice inserted in a public Paper.

Commissioner.—Rather a violent presumption! By no means, unless in the Gazette, and I have even my doubts about that. It is well established, that the party employing an indentured servant should have Notice himself.

Mr. Clarke.—He had Notice from me.

Commissioner.—Well then—as I observed, I am premature.

Louisa Wood.—Deposed to going with Ann Tew to Capt. Graham's at Richmond House. He asked her when she was going to pay him the passage money, she said she "had no money to pay." Witness left her there, but she did not stop all night.

The Commissioner.—I thought by hearing her talk that she did not owe him any thing.

Ann Tew.—Recollects Mr. Wright receiving a letter from Mr. Clarke as Agent for Capt. Graham, calling upon him to pay her passage money. The letter stated "knowing me to be an Indentured servant" I said I did not know any thing of the kind. Don't know what answer was given to the letter. Am still in the service of Mr. Wright.

Crossexamined, don't know how many days Capt. Graham locked me up, because I had got out. He said several times I might go where I liked. My clothes remained there until I sent for them.

By The Commissioner.—I burnt the Indentures in an old iron pot. Capt. Graham was standing out side the door went in and brought them out. Looked at them; they were drawn out the same as those he says I signed; I think it was in May 1831.

By Mr. Clarke.—I applied for permission to leave the Colony, it was then the Notice was stuck up.

By the Commissioner.—Capt, Graham persuaded me to sign the paper under the pretence, that I should otherwise not be allowed to stop in the Colony.

Mr. Clarke, here put a question which the Commissioner observed was certainly not a leading but a driving question, it must therefore not be repeated.

Mr. Clarke wished to put a few questions to the Defendant. He knew he need not answer them unless he liked.

The Commissioner.—I think Mr. Clarke if the questions are to answer your purpose, you will have some difficulty in persuading him, and if they are to be of service to him, it would be as well left alone.—People must not lay a trap for those who are busy on their farms. Notice might be up in any of the towns, and not come to the knowledge of the Farmer, in fact in point of law a distinct Notice must be given.

Mr. Clarke.—If Mr. Wright would have come forward in any way the affair might have been settled out of Court.

Mr. Wright.—I said you must first establish your claim.

J. Morgan, sworn,—Remembers Ann Tew being in his service about 18 Months ago, and certainly considered her at that time a free Servant. Engaged her at Fremantle a short time after she left Capt. Graham. Did not receive any Notice from Capt. Graham either verbal or written during the six months she was in his service. He never heard any thing which should lead him to suppose that she was an Indentured servant.

Crossexamined.—Not aware that Capt. Graham knew she was in my service.

By Mr. Wright.—When I sent a cart at her request for her things, to the best of my belief Ann Tew sent her own message, and they were received and placed in my boat.

Commissioner.—This leaves a strong presumption, of an acquiescence in the departure. The date of the summons was 26th October, and notice was given to Mr. Wright only three days prior, the utmost I can allow therefore is the time which elapsed between the notice, and the summons. There is a manifest difference in the liability of the servant, and the person employing, as the latter can only be held liable after proof of notice.

Damages, one shilling and Costs.

Graham v. Ann Tew.—To recover £45 for money advanced by Plaintiff for passage from England. This case was settled out of Court.

On the application of Mr. Solomon, to lay an attachment against H. R. Bond a Baliff of the Court, for illegally seizing and disposing of his property by public Auction.

The Commissioner remarked. That all the power the Court had was to dismiss him from being any further an Officer of the Court.

Mr. Solomon.—But in this Case Sir, the Officer has received an indemnity.

Commissioner.—People ought to be very cautious how they volunteer indemnities. All I can say is I should not like to be in the parties place.

Mr. Solomon.—Mr. Clarke has given the indemnity.

The Commissioner.—In order for me to take any notice of the business, an affidavit must be laid before the Court. An action would lie for trespass and not on the illegal Act; in the one case as an Officer of the Court, in the other as one of the public for doing an illegal thing.

Marrs. v. Wm. Samson.—To recover £15. 10. an overcharge on settling accounts.

It appeared Mr. Samson had sold a part of the Cargo of the 'Governor Bourke' by public Auction, but previously to the sale purchased a quantity of Flour, upon which he had charged his Commission.

Mr. Samson explained,—that the whole of the Cargo was placed in his hands for sale, and a limited price fixed; he gave him his price for the flour, and maintained that had it been put up to auction, he should have been entitled as Auctioneer to one bidding, and consequently would have been paid his auction Fees.

The Commissioner.—This appears to me a case depending entirely upon the Custom of the Trade.

Capt. Henderson, proved that it was a regular practice, if goods were placed in an AgentsAgent's [sic] hands with certain prices, to allow the Commission whether the goods were purchased by the Agent, or sold by other parties. He had frequently done it himself, and in one instance in this Colony.

J. Wood.—Had made an offer to Mr. Samson previously to the purchase, and considered him the Agent. He was under the impression it was to be advertised for sale. Saw the list which was made out and. Flour was in it.

Commissioner.—As this is a case of usage I shall take till tomorrow to give my Judgment.

Verdict for the Defendant, with costs.

COLONEL HANSON'S PAMPHLET.

——OOO——

(Continued)

The town of York was established whilst I was at Perth: a Township upon the banks of a River, beyond the Darling Range, (which by the way I have just mentioned as the scene of Mr. Moore's and Mr. Dale's excursions)—I could give you a sketch of it's position relatively with the low country, but it would be unbecoming in me to trench in the slightest degree upon the province of Mr. Roe, the Surveyor General. He is well known to the public as the very able assistant of Captain King, the Australian Maritime Surveyor, and he will I trust shortly give the world a general Map of this very interesting Colony.

This said town of York, was thriving fast when I came away—the communication had been thoroughly established. A road was also projected between the Swan River and King George's Sound, the latter place having been abandoned as a penal settlement, and attached to the Government of Western Australia.

A most difficult and enterprising journey had been accomplished a short time before I arrived, between the Swan River and King George's Sound—it was conducted by Captain Bannister, late of his Majesty's Service, and a few other fearless individuals who accompanied him. The distance between the two places as the Crow flies, is about 250 miles, but as they had no other guide than a compass, and no correct means of ascertaining their situation, by Astronomical observations, they unhappily deviated from the straight route, and when it is remembered what mountains and forests they had to traverse on their journey, it cannot be matter of astonishment to find, that they reached the South coast of New Holland, 80 miles to the Westward of their destination. Their cattle all died from fatigue, and they were themselves reduced to subsist entirely on shell fish, picked up from the rocks. Happily they fell in with a tribe of good, humane natives from King George's Sound, by whom they were generously succoured, and conducted at length to the end of their eventful and enterprising journey—worn down to the last extremity poor fellows, by famine, fatigue, and all their concomitant evils. Bannister however is now as fresh as ever; and perfectly ready to start upon a second excursion of the same nature. He has written a very interesting account of his journey, and he describes the country generally which he passed over, as equal in beauty and fertility to any country in the world.

A fishing establishment has been formed at Rottenest Island, which promises to furnish an excellent article for exportation. The Snapper, a fish about the size of a Cod, is caught in great abundance upon the coast, and when cured is I think equal to any salt fish I ever tasted. The Salmon is also an excellent fish for the same purpose, which is I believe caught in the Swan River. A small Dock yard near Perth is also giving proofs of Maritime Science, under the auspices of Governor Stirling. Two vessels are now on the stocks, one of them I believe is private property, but the other, of about fifty Tons burthen, is intended as a Government Schooner, to ply between the capital, and the minor settlements on the coast.

I attended the second or third market day after my arrival at Perth, and bought fine fresh butter for 4s. 6d. a pound—potatoes for 9d. and vegetables at the same scale of price. In short during my stay there for two months, I neither heard or dreamt of any want, and I will appeal to those friends who occasionally breakfasted with me, whether I had not on my table as excellent a meal as they would wish to sit down to. I cannot speak of my Dinners, as my friends were too hospitable, ever to permit of my dining at home. Whilst writing on the subject of supplies, I could wish that you had seen an entertainment, given by the Governor, to the Ladies and Gentlemen of the colony. I think you would have acknowledged, that the whole affair, would have done credit to any part of the world. We quadrilled and waltzed until midnight,—sat down to a sumptuous supper laid out for a hundred and fifty people—returned to the dance, enlivened by Champagne, and seperated only, when the rising Sun began to smile upon our Orgies.

Both a Literary and Agricultural Society have been formed at Perth. I had the honor of being present at one of their meetings, and I was much flattered at being elected an honorary member. They have petitioned Government at home upon various points—one of them I believe suggests the means of obtaining manual labour, and this is the only point upon which I venture to differ with my worthy friends at the Swan. I do differ though, after having seen the splendid public works, which have been erected, and are now in progress, at the Sister colony of Van Dieman's land—erected by means of Penal labour.

The inhabitants of the Swan River may justly pride themselves, on the individual respectability of each emigrant, and it is certain that they may sleep safely with all they possess, under a "Wicket opening with a latch;" but if a man embarks on a