Page:The Perth Gazette and Western Australian Journal 1(6).djvu/3

 The Natives have become so troublesome to Mr. Monger, that he has this morning applied for a sufficient military force to repel them. Their numbers in the neighbourhood of the Lake have greatly increased, by accessions from other tribes, all larger and more powerful men than those we have been accustomed to see. Mr. Monger informs us, he can only recognize three of the party, out of about forty men, as those who have been in the habit of resorting to that quarter. They have now he says taken such full possession of the place that unless they are repulsed, he must abandon it. A fine sow was speared, yesterday. It was but a few days ago, we heard Mr. Monger express every confidence in the natives, we regret to find that in this, as well as most instances, it has been abused. We gave it as our opinion, some time ago, that they must not be encouraged, which further experience has fully confirmed. An inflamation of the eyes has been very prevalent, during the last month, arising in many instances, we believe, from a want of cleanliness and in others, from being exposed to the intense heat which we have occasionly experienced, and the sudden transitions.

It is the general remark, that this season differs essentially, from any other we have experienced, it was extremely backward, the rains continuing to the first week of December; since which the heat at times, has been very oppressive, the Thermometer in the Surveyor Generals Office ranging from 33 to 96 in the shade, and exposed to the sea breeze. An agreable change has taken place within the last few days, the atmosphere being cleared by genial showers during the night, a novelty to us, at this period of the year; the heavy night dews supplying the absence of the other element. The charge made at home for the Postage of our Journal, has been a matter of frequent inquiry, we have now the satisfaction of acquainting our subscribers, that 16s. 6d. a charge made for postage, was instantly returned by H. M. Postmaster General, with an intimation that it was only ?d. This occurred at a distance of 70 miles from London. PERTH MARKET PRICES: The supply of Vegetables from the gardens, in and near Perth, is very plentiful. Potatoes 6d. Onions 9d. wholesale, and 12d. retail per lb. many of these will weigh nearly a pound each. ls. worth of Cabbages, Knole cole or Carrots, &c. will supply a family of four persons. Melons, Pumpkins, Cape Gooseberries, &c, have been brought to market in abundance within this last week. Water Melons from ls. to 2. according to the size. Musk-Melon 1s. 6d. to 2s. Pumpkins 9d. to 1s.

is still scarce 1s. 6d. per lb. Kangaroo 16 d. Our last supply of Lamb was from York: Fresh Butter, Colonial 3s: Cheese do. 2d. 6d

Fremantle is supplied from its own garden and the farms on the Canning. In Mr. Lamb's garden at Fremantle we are informed are some of the finest rock, musk, and water melons the Colony has produced. The garden is not more than 50 yards from the sea beach. The reply of Manyat and Gyallipert to every inquiry, whether they will return to King Sound Georges in the "Ellen" is "by and by, go!" we understand they are to be allowed to remain here for the present. The attention which is shown them, and the general interest they excite from their good behaviour, has instilled into them a degree of pride, which is frequently most ludicrously displayed. The stately air of Manyat, as he parades the streets with his feather-tufted stick, and feathered cap, approaching closely to some of our most dignified and polished actions, acquired by art, has led us to reflect how unjustly we estimate the savage, by our own acquirements.

These men accompanied the Serjeant Major yesterday, to the Bush Inn, (half way house between this and Fremantle) for the purpose we believe of having an interview with the tribes of that place; they met with them, and promised to see them again this morning, but did not appear. We have received a notice for insertion of the Ferry dues at Preston Point, but too late for this weeks publication. It will appear in our next. The efforts of Mr. Weavell the proprietor, call for every support, he has carried into effect a most desirable object, the establishment of a Ferry at this spot, where you are ferried across with the least possible delay; and the attention and civlity shown form a marked contrast to the generality of Ferries. CIVIL COURT. Before G. F. Moore Esq. Civil Commissioner

Keats v. Thomas Peel—Mr. Peel not being present to defend this case either in person or by deputy, further than sending his servant with various documents, some discussion took place, as to whether the case should be proceeded in, no accredited Agent appearing. The Commissioner on Mr Clark (who acted for the Plaintiff) representing, that to avoid further expense, he wished the case gone into, and would not make any objection, was of opinion it could not form a dangerous precedent, the case was consequently opened by Mr. Clark.

This was an action to recover £2. 10. the amount of the Plaintiffs promissory notes, and a bill for board and lodging.

Commissioner.—I dont know whether this account is admitted.

Mr. Clark.—There is a counter claim set up of £21. 8. 10. but I am instructed to dispute this, and merely to allow the sum of £1. 8. 6.

Commissioner.—I perceive we shall not be able to enter into the case satisfactorily; it must therefore stand over until next Court day, the defendant bearing the expenses.

Smith v. Marrs.—This was an action to recover a deficiency on the resale of sundry lots, purchased at a public sale, and not cleared away by the defendant.

Mr. Clark for the Defendant, allowed Judgment by default.

Smith v. Marrs.-To recover £2. 5. for injury sustained by the plaintiff, in breakage &c during the affray at the public sale.

The Commissioner said he must first have proof, that the defendant was directly or indirectly implicated.

Charles Smith stated, that he insisted upon his (the defendants) being turned out.

Lukin being sworn.—Rembered the Defendant laying hold of the door as they were taking him out, it was torn of its hinges, and broken. This was the only injury which came under his observation. If it had not been necessary to turn him out of the room, the window in all probability would not have been broken.

Duffield.—A chair was broken by Mr. Marra thrusting me down upon it, in a scuffle, when I was endevouring to turn him out. 15s was a fair charge for the repair of the door.

Commissioner.—I find some nicety in giving my opinion in this case, as to his liability; i shall therefore defer Judgment until to-morrow.

Bond, v. Habgood.—This was an action to recover £30, the amount of a reward offered by public notice, for the apprehension of the party or parties, concerned in the robbery of Mr. Habgoods Stores.

J. Duffield, sworn—stuck up the notice, could not recollect the exact words, but it applied to any person who would give such information, as would lead to the conviction of the offenders. Has no copy of the placard. Recollects the property was recovered through his overhearing a conversation, which led him to suspect the parties. They were taken into custody, and discharged, but subsequently retaken and convicted for the offence. Both Bond, and Vincent, were very active.

The Defendant maintained, the notice was stuck up in order to induce one of the parties, to come forward as evidence.

The Commissioner, was not aware how far a public Officer, in the exercise of his duty was entitled to remuneration or any portion of a reward, but if it appeared that unusual exertion had taken place, he was disposed to think, that it was to the advantage of those who might have occasion for their services to make some recompense for any extraordinary exertions.

Mr Habgood stated,—that he had satisfied Vincent and would have been disposed to have made Bond some return, if he had behaved himself towards him (the defendant) in a different way.

Bond, said that a misunderstanding had existed between te defendant and himself, owing to his (defendants) reporting that he was implicated in the robbery.

The Plaintiff strongly, denied having given currency to such a report, but that it was Bond's tittle tattle which thwarted him in following up information he had obtained.

The Commissioner, remarked that he thought it would end in a matter of feeling. The question in his own mind was, whether the defendant was liable under the circumstances, and he would take until the following morning to consider of it.

6th. {{sc|February]].—At the opening of the Court, the Commissioner decided in the case of Bond v. Habgood, that the wording of the notice as far as it was proved was not of a nature to hold the defendant liable, but as he had remarked, where there had been a strict performance of his duty, and great exertion, the Officer should be rewarded. That however would rest with the Defendant.

On Mr. Clarks observing whether the case, if put in another shape would be entertained.

The Commissioner replied, he invariably confined himself to the evidence brought before him, and saw disposition enough for litigation, without holding out temptations to either party.—case dismissed.

Butler, v. F. C. Irwin—To recover £17 10, for the hire of a flat, 13 days, at 25s. per day, and for the use of tools and utensils £1.

Mr. Butler, explained that a lime kiln had been built in his neighbourhood for the supply of lime, for a house Captain Irwin was building at Perth.

Commissioner asked whether the account was admitted Mr. Commissary Lewis,—who appeared for Capt. Irwin, stated that both the number of days, and the charge were disputed.

Commissioner—we will proceed then Mr Butler to the proof.

Richard Thorn, being sworn.—stated that he was in Mr. Butlers employ, and remembered the kiln being built. Delivered the flat in question to the Soldiers for Captain Irwin,—it was away 13 days. He received it back again and counted the days, Mr Butler telling him to mind the days.

By the Commissioner.—Has no idea of the price of hire for a boat.

Cross examined.—Dont remember the day, whether Monday or Wednesday, but positive as to the number of days.

Patrick Swift.—I was in Captain Irwin's employ in 1831, on the 10th, February, he wished me to go to Fresh-water Bay for lime, and said I could get Mr. Butlers flat. It was occupied two days in carrying bricks, and three days in carrying lime. I asked him if the boat should be returned. (Mr Butler here interrupted the witness, who replied in a rich native brogue "you can bring it against me but I dare say I'll talk with you, he proceeded)

Mr. Butler said, it was no matter, he should be up as soon as me, and asked me to recommend two sturdy hands to manage the flat, to bring back some bricks he had bought at Perth, in exchange for wood; I recommended a man who was in Parson Wittenooms employ. I Cold Captain Irwin it was Mr. Butlers wish that the flat should remain.

Mr. Butler intimated that the witness was tutored.

The witness was highly indignant at this "he was on his oath he said (here the witness was checked) after several desultory remarks.

Edward Jeffers—who was employed with the previous witness being sworn, fully corroborated his testimony.

Mr. Commissary Lewis stated that Captain Irwin, had invited a settlement by reference to the Magistrates, or by arbetration, but no step was taken on the part of the plaintiff.

Edward Jeffers, cross examined by Mr. Butler.—On Monday after the lime was brought up, the flat was used at Perth for two trips for lime, and on Tuesday three trips for bricks. I took the flat back by Captain Irwins order to Mr. Butler.

Mr. Butler, said, this act was a tacit acknowledgment that the flat was employed by Captain Irwin.

On the other hand Mr. Lewis maintained it was an act of kindness which meet with an ungrateful return.

Commissioner.—This is mere argument, I have the testimony of two witnesses on their oath.

Mr. Butler.—But their evidence should be taken, with suspicion; and I cannot submit to be supressed{{sic}} by men in power.

Mr. Lewis.—You have every opportunity of shaking the testimony of the witnesses—

Commissioner.—I am bound by the situation I am placed in, to decide by the Evidence; this appears to be a case of misunderstanding.—{{sc|Verdict}} for 6 days and £l. for Utensils, with Costs.

Some objection being made to the payment of costs, as the matter might have been settled long ago,

The Commissioner observed that acting in obedience to the feelings of the Defendant he would not recommend it to be pressed. {{nop}}