# The Perth Gazette and Western Australian Journal/Volume 1/Number 11

THE PERTH GAZETTE AND WESTERN AUSTRALIAN JOURNAL.
His Honour the Lieutenant Governor has thought proper in the Perth Gazette and Western Australian Journal, signed communications made to those persons to whom they may BY COMMAND OF HIS HONOUR THE LIEUTENANT GOVERNOR. to direct, that all public communications, which may appear with any Official Signature, are to be considered as Official relate. PETER BROWN, COLONIAL SECRETARY
NEW SERIES
VOL. I.] [No. 11
SATURDAY, MARCH 16th, 1833
GOVERNMENT NOTICE
             Colonial Secretary's Office,
             Perth, March the 9th. 1833.
Notice is hereby given that the undermentioned individuals have applied at this Office for permission to leave the colony per the Cutter "Jolly Rambler" viz.
          W. H. Harris, and family.
          R. Powell, and two Sons.
             By His Honor's Command.
                Peter Brown
                   Colonial Secretary.
GOVERNMENT NOTICE.
             Colonial Secretary's Office,
             Perth, March 14th. 1833.
Notice is hereby given that Mrs, Chipper has applied at this Office for permission to leave the Colony per the Ship Cygnet.
             By His Honor's Command
                Peter Brown,
                   Colonial Secretary.
NOTICE.
NOTICE is hereby given, that the next General Quarter Sessions of the Peace of the Colony of Western Australia, will be holden at the Court-House at Fremantle, on Monday, the first day of April next, at the hour of nine in the forenoon.
Dated the 8th day of March, 1833,
                A. H. Stone,
                   Clerk of the Peace.
PARTNERSHIP DISSOLVED
THE UNDERSIGNED have this day dissolved Partnership by mutual consent, and executed a Trust Conveyance of all their real and personal property in this Colony in favour of Mr. D. Scott, Deputy Harbour-master Fremantle. Those persons who have claims against the late firm of Clark and Spyers, and who are willing to accede to the Trust Deed, are requested to send their Accounts to the Trustee, who will pay them in the order of their arrival from the readiest of the funds, of which due notice is hereby given, and those persons who are indebted to the late firm, are requested to pay their accounts forthwith, and to take this notice as a demand for payment.
                W. Nairne Clark, Charles Spyers.
Fremantle, March 8th, 1833.
FOR PORT AUGUSTA, AND MAURITIUS; Will Sail on the 24th Instant
THE Barque CYGNET, Captain John Rolls.—For Freight or Passage apply to the Captain; or, to
                G. Leake
                   Agent.
Fremantle, March 1st, 1833.
SALE BY PUBLIC AUCTION Mr. RICHARD LEWIS
BEGS to inform the Inhabitants of Perth, Fremantle, and the Public in general, that he will offer for Sale by public Auction close by Captain Mc Dermott's Store, at Perth, on Tuesday the 19th day of March, 1833, at 1 o'clock, the following articles, viz:—5 tons of superfine Flour, in lots of one bag each, as it may suit purchasers, a quantity of black, blue, drab, and olive broad Cloth, narrow ditto, to be sold in coat lengths, a few reams of English foolscap Paper, a quantity of superior Currants, a few bundles of china Paper, tin Saucepans, and fish Kettles in different sizes, tin tea Kettles do. Coffee pots, Cullenders, basting Ladles, tinder Boxes, cloth Caps, Hogs lard, black Paint, red Lead, white ditto, stone Blue, fustain shooting Jackets; a quantity of plain Tumblers, a whale Boat, with masts, sails, and oars; negro head Tobacco, 4 boxes of Raisins, a very superior double barrel Gun, single do. salt Beef, one deal Table, a pony Cart (quite new), a very splendid English cart Mare, 6 years old, and heavy in foal, and in excellent condition, good for the saddle, and considered to be a very superior plough Mare.—A bill of a short date endorsed by two responsible persons will be taken in part payment for the Mare, Cart, and Harness, if required, but the arrangement must be made with the Auctioneer, previous to the Sale. Hay in lots of 5 cwt. each, and a number of other articles.
J. H. MONGER
BEGS Respectfully to notify to the Public his removal from the Lakes to Mount Eliza nearly opposite Mr. Mews's, where an assortment of sawed Timber will be kept for Sale on moderate terms.
FARMS TO LET.
These farms will be let together or separately as may be agreed,on.—Apply to W. N. Clark, Solicitor.
Fremantle, March 4th, 1833.
TO BE SOLD BY PUBLIC AUCTION, On Monday the lst day of April, and following day, at the STORE of Captain Pace, at Fremantle the following articles;
Beef, Pork, Rice, Tobacco, Wine, Segars, Live Stock, Several Houses.
ALSO,
The Hull of the Rockingham, Masts, Rope, and a variety of Articles, particulars of which will be given in the next Publication.
                LIONEL SAMSON, Government Auctioneer.
Fremantle, March 14th, 1833.
THE PRINTING-PRESS IN TURKEY,
Mr. Mountstuart Elphinstone, in his very interesting account of the Kingdom of Caubul (a country near the higher waters of the Indus, between India and Persia), and of the scattered Afghan tribes dependant thereon, gives the following anecdote of the Nailpeekhail, who, like the rest, profess the Mahometan religion, but are so barbarous that even reading is looked down on as an unmanly accomplishment among them.
"Some men of Nailpeekhail found a Mollah, or doctor of the Mahometan faith, copying the Khoran, or their Bible, and not well understanding the case, they struck his head off, saying, 'You tell us these books come from God, and here are you making them yourself."
The Turks are not quite so ignorant as this, but even they, not many years ago, when Sultan Selim introduced the art of printing, were led to believe that it was sinful to print the Khoran—that nothing but the pen and hand-writing could, without impiety, multiply the copies of their Scriptures. Other works might go through the press, but unfortunately, at the time, the Turks read no book except the Khoran, and so the inestimable benefit of printing was to be thrown away upon them! This absurd prejudice originated in, or was kept alive by, the Turkish copyists who gained a livelihood hy transcribing the Khoran, each copy of which cost the people a hundred times as much as the copy the press could have afforded, and the printed copy, besides, would have been infinitely the more distinct and legible of the two.
GENERAL POST-OFFICE.
The MAIL for England and the Cape of Good Hope via Mauritius, per Cygnet, Captain Rolls, will be closed on Friday next the 22nd instant.
                Charles Macfaull,
                   Postmaster
SHIPPING INTELLIGENCE.
Lying in Gages roads. The Cygnet, and the Jolly Rambler.
It is reported that the Ellen Government Schooner, is to be laid up in ordinary for the present. In consequence of this arrangement, Captain Toby will have leisure to devote his attention to a most desirable object, the Pilotage.
THE WESTERN AUSTRALIAN JOURNAL
It is difficult to account for the diversity of opinion which we have heard expressed upon the subject of the proposed plan for remedying the inconvenience at present experienced, by those who have occasion to navigate the river beyond Perth. The Gentleman who suggested the plan, it is not to be supposed, would hazard his professional reputation, without a positive conviction of the ultimate success of the measures he proposes; neither is it reasonable to imagine that the Honorable Gentlemen to whose consideration it must have been submitted, could be so easily hood-winked to acquiesce in "dribling" away the public money, as "an old hand" ignorantly designates it, unless they were also satisfied with the practicability of the plan. We think it would have been as well for "an old hand" to have husbanded his "pudling" remarks, until he had lound his passage across the flats obstructed by the failure of the measure, the Government have considered it expedient to sanction. We are frequently fated to meet with individuals of the same stamp as "an old hand", most miraculously endowed, and enlightened, upon every subject of state policy, but lamentably ignorant of the simple rules for the improvment of their own estate, which their erudition, it might be presumed would instruct them to advance to perfection.
On Thursday last a report was circulated, that several of the native women had been speared, at their bivouack on the lake. In the course of the afternoon, one was taken to the Hostpital in a dangerous state. Dr. Milligan of the 63d. attended her, and humanely dressed the wounds, and bled her, which she submited to with great composure, from which it is inferred, that some similar practice exists amongst themselves. Yesterday morning Monday and his wife, were brought in, severely wounded. The endearing solicitude Monday evinced for his wife, was an example of conjugal affection worthy of imitation. Notwithstanding the unremitting attention and kindness they received from Dr. Milligan, a wish was expressed to return to their old haunts; in the afternoon their friends were therefore allowed to carry them away. There is little hopes of the recovery of one of the women, indeed they are both in a dangerous state. Jealousy is said to have given rise to this savage outrage, however, from our imperfect knowledge of their language it is difficult to arrive at the real cause; we expect to be enabled to give a more satisfactory explanation of the occurrence in our next.
NATIVE CORROBORY AT PERTH
At the solicitation of Yagan, who had not been present at the celebration of this native festival on previous occasions, Capt. Ellis was induced to allow the Swan River and the King George's men to hold a corrobory in Mr. Purkis's yard, on Wednesday evening last, which attracted an overflowing audience. About dusk the two tribes assembled, and commenced their preparations by chalking each others breasts in tastful devices, resembling the spangled decorations of the riders at Astleys, which cerimony was accompanied by a hurdy-gurdy chaunt chorused by the party. They appeared highly flattered by the interest the audience took in their manouvers, and preparatory to the entertainment, stalked to and through rehearsing their chaunts, and exercising their singular attitudes, with all the self complacency of our more cultivated Artists.
As a novelty the corrobory is well worth seeing, but much of its interest is lost to us, from the want of a programme of the performance. The representation of killing the Kangaroo, the one performer assuming the character of Huntsman, the other the Kangaroo, was striking from its fidelity indeed was a fine specimen of acting; but the necromantic dances, as they were termed, could only gratify the initiated, of whom we believe there were but few present. We are of opinion it would require some stretch of imagination, to construe, the knocking of noses together, dancing on their knees, and pulling each others legs, into necromancy, however, we yield to those whose experience and knowledge of their habits has led them to draw this conclusion. The display on the whole was interesting, but rather tedious. Towards the close the performers solicited the indulgence of being allowed to remain and sleep in the yard for the night, which was granted them. His Honor the Lieutenant Governor honored the natives with his presence, and we observed nearly the whole of the respectable inhabitants of Perth, including several ladies, all of whom seemed highly entertained. The figures of most of the natives of this part of the country displayed to advantage in this muscular exercise, would have formed a fine study for the artist; The King George's Sound men are far inferior to them, both in person, ingenuity and activety, in their native sports. Yagan was the master of the ceremonies, and acquitted himself with infinite dignity and grace.
The prices of manufactured articles, as well as general articles of consumption are still exravagantly high, with which the quality does not keep pace. When is this system of trade to have an end? The dread of extortion, deters many from resorting to the market, and forces them to many expedients, which the trader when too late, will find to his cost, have materially affected his returns. Our market is limited, but subjected to such prices as we daily suffer under, it must not be a matter of surprize, if less frequented.
R. Thorn was brought before G Leake, Esq., the Civil Commissioner, at the instancs of Mr Weavell, who complained that he had left his service without giving him due notice.—Committed to Jail for one week. This is the first commitment of the kind we remember to have heard of in the Colony.
To The Working Man.—However small may be a man's income, there is one very certain way of increasing it—that is Frugality. A frugal expenditure will enable almost every body to save something ; and as there are now established throughout the country Banks, where the industrious may safely deposit their savings, however little they may be, and receive the same sort of advantage which the rich derive from their money, that is, interest, there is every inducement to make an effort to save Dr. Franklin observes, in his usual forcible way, that six pounds a year is but a groat a day. For this little sum, which may be daily wasted, either in time or expense unperceived, a man of credit may, on his own security, have the constant possession and use of a hundred and twenty pounds." Many humble men in England have risen to wealth by such small beginings; but many more continue to expend the groat a-day unnecessarily, and never cease to be poor.—Penny Magazine
Slow Death.—Snakes eat lizards, and generally gorge the head of the lizard and fore legs first, in which case you see the tail and hinder legs projecting out of the snakes mouth; but it sometimes happens that the snake seizes the lizard by the tail, when its bright eyes will be seen peeping out of the destroyers mouth, quite alive, and struggling hard, but in vain, to get away. It is well known how slowly the serpent tribe swallow their food; as the lizard is very tenacious of life, its lower extremities are pretty well digested before the head and upper parts are dead or nearly swallowed.—London's Magazine of Natural History.
To the Editor of the Perth Gazette
Herne Hill, March 12th, 1833
Sir,
Having observed in your paper of last week a letter from an individual of the name of Lyon, dated, Woodbridge, Nov. 26th, 1832. I beg to state that I was at that time the occupant of Woodbridge, and that Mr. Lyon was not: I am at a loss therefore, to know his reason for addressing his letter from a place where he has never resided, as I am not aware of any other place in the Colony being named Woodbridge.
             I am Sir,
                Your obedient Servant,
                   W. Locke Brockman.
Freshwater Bay, 15th March, 1833
Mr. Editor,
    Sir,
In last weeks Perth Gazette I find my name so incorrectly made use of, and false statement attached thereto, both by yourself, and your correspondent, that I beg you will not for the future repeat the offence nor use my name at all in your paper without my authority. You are at liberty to publish this.
       I am sir, your obedient servant,
             John Butler.
Mr Butler shall have his wish, unless he should per chance appear at the Quarter Sessions. Editor.
We are happy to have it in our power to state that the subject of a new regulation to facilitate the conveyance of the mail between Perth and Fremantle, is now under consideration; it is fully anticipated that some steps will soon be taken to afford the public this desirable and essential accomodation.
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.
Destructive Fire at Perth.
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, A Farce, in 2 Acts
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,
Before G. F. Moore, Esq, 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 ​ plaintiff told him was for the loss of some money.—Commissioner: (after looking at the account, to Mr. Hall) It is unreasonable to leave me to guess at the correctness of these items. You bring forward an Affidavit as a ground for a new trial, and then come unprepared with any proof to support the case. Here is a balance put in on both sides, and I am to guess at the result. The oftener you come here you will find the necessity of bringing evidence with you. There is strong primà facie evidence, which I must tell you, you will have to give yourself some trouble to rebut. There is sufficient to throw the Defendant on his evidence. On its being suggested that the affair might be settled by arbitration; Mr. Butler said, he was fearful from the disposition shewn by the Defendant to come to any arrangement, the same difficulties would occur again, and the same time elapse. He had received a letter from Captain Anderson, and he was anxious to reply to it, by the Cygnet.—-Commissioner: Suppose the award be given in within a limited time, otherwise judgment recorded. I have too often to complain of parties making me an accountant. Mr W. Lamb and Mr Daniel Scott were chosen as arbitrators, and mutually agreed to The award to be put in by the next court day, or, else Judgment given for Plaintiff.
Clark v. Smith—The arbitrators appointed in this case, had awarded the Plaintiff £10 which award was made a rule of Court.
Lyon v Lewis—Disputed account:—Verdict for Defendant.
Brignell v Mc Dermott—The Jury having been called—Commissioner: Must this case of necessity go to a trial? Is there no hope of an arrangement?—Mr Mc Dermott: I have owed the Plaintiff 700£., but I am obliged to give time to my debtors, and must expect it from others. Mr Clark (for the Plaintiff) My client has incurred heavy expanses by the delay in consequence of a breach of agreement - Commissioner: Well come see if by entering into a conversation together, you cannot meet on liberal terms—Mc Dermott: I have no facility in the way of discount, I have plenty of bills, but we have no Bank, and, it is only latterly [[Author:Robert Broun Mr. Brown|Mr. Brown]] has given it up—Brignell: By agreement, the money was to be paid in 20 days, it is now a month beyond that time. Captain Mc Dermott has been offered cash for the flour, but he would not take it; I believe 30£. per ton. This Captain Mc Dermott. denied, but even if it had been offered, he would not have accepted it, he did nor see why he should be called upon to make a sacrifice. He had said when he purchased it, he could not pay for it immediately.—Commissioner: It would be as well to avoid these public disclosures. Come, retire, and endeavour to come to some amicable arrangement.—The parties took the Commissioners conciliatory advice. In about a quarter of an hour Mr. Clark returned into court and intimated that, the business was satisfactorily adjusted.
The Commissioner: Gentlemen of the Jury, I am very happy to dismiss you.
Clark and Vincent v Habgood—The Plaintiffs acting under a power of Attorney from Warrell, sought to recover 30£., a reward offered by the Defendant for the apprehension and conviction of the parties implicated in the robbery committed on his premises. Warrell— Mr. Clark stated gave the information. Rogers swore to the signatures of Warrell and witnesses in the power of Attorney. It was signed in the Jailors room in Jail of Fremantle, on 13th January, 1833.—Mr. Walters called: When the book was offered to him, he declined taking the oath until his expenses were tendered him. He said he was not attending there on any other account, he was kept out of his business at a considerable sacrifice and he must have his expenses, which he estimated at a guinea.—Commissioner; This is generally left as matter of bargain, but I think you might take less.—Mr. Walters considered a guinea as little as any tradesman could charge, and if he had any right to demand his fee, which he felt confident he had, he must have the guinea.—Commissioner: I think you might take half a guinea; however, it is not for me to fix the sum, if the costs were taxed by the proper officer, not more than one fourth would be allowed. The court never interferes unless for a medical man.—Clark: "I shall not get much out of him?"—Commissioner: It is for you to consider whether it is worth 10s. 6d. (a laugh) After some further altercation Mr. Clark handed in the money, and the Witness was sworn.—Recollected writing Bills for Mr. Habgood, to the effect that "Whosoever will give information to lead to the conviction of the offenders shall receive a reward of 30£.—Wrote the Bills by Mr. Habgood's direction.—Crossexamined: Could not recollect the date they were written out, but thought it was before the examination of the parties implicated.—George Leake: The first certain information about the culprit, was given by Thomas Warrell, which led to the apprehension of W. Booker; he was convicted for the burglary, but as I am speaking from recollection, I may err. The records of conviction can be procured, and I would much rather they were referred to, than any reliance placed upon my memory.—Commissioner: The production of the Record is the proper method.—Mr. Butler, who appeared for the Defendant: The main question is, whether a convicted felon is authorized in giving a power of Attorney. Commissioner: His effects of course revert to the Crown. Mr. Clark: But the Crown has declined interfering.
The case adjourned to allow time for the production of the Record of conviction.
J. P. Armstrong v Lyon. Mr. Butler for the Plaintiff complained that the Defendant was indebted to him the sum of 10£. for use of Boat. This charge arose out of the escape of the natives from Carnac, in the Revenue Boat; Mr. Lyon who was there with some authority, called in the assistance of Mr. Armstrong to endeavour to find it, when the charge was made, Mr. Lyon referred him to the Commissary, who wrote upon the account, "Nothing to do with it. Mr. Lyon must be responsible." Mr. Lyon in his defence stated, as he was fearful if the sea breeze set in, the boat, which was a valuable one, might be dashed to pieces, he considered it right to interfere to save her, and pressed Mr. Armstrong who wished to make some stipulation, which he (Mr Lyon) declined, to go in search of her. He went and scoured the coast for two days. Commissioner: Government is a strict paymaster, and you will find it hazardous to put your hand in its pocket. Lyon: I had no doubt the Government would pay it. I do not consider myself bound to Mr. Armstrong, but as an act of justice I must acknowledge the service was performed The Commissioner observed, he feared Mr. Lyon had made himself responsible but he had no doubt the Government if the case was properly represented, would give some remuneration
Second Day.—the 13th March, 1833.
Mr. Leake applied to the Court to bring on a case in which he was Defendant, out of the regular course, as business of a public nature required his attendance at Fremantle. Under these circumstances the Commissioner readily assented; which led to a request from Mr. Lyon, that of his witnesses, who was in the Court might be permitted to accompany Mrs. Birkett, the lady whose premises were consumed by fire during the morning, to his home. Mr. Smythers then came forward and urged some indulgence in his case, he had been waiting here for two days and wished to get back to his family.—The Commissioner replied that in all cases private interest must yield to those of a public nature, he would therefore although rather irregular proceed in the case of—
H. E. Hall v. George Leake.—This was an action to recover £200.—from the Defendant as Bondsman for the brig 'Thistle.' The Plaintiffs indentured Servant having been wilfully conveyed away in her. Mr. W. T. Graham, who appeared for the Plaintiff, opened the case.—"The transaction occurred previously to the passing of the local Act, and I proceed upon a Proclamation. I have evidence to shew, that George Key the servant alluded to, was seen at King George's Sound in the capacity of cabin boy. The Plaintiff previously to the vessel leaving this Port, served a notice upon Mr. Henty concidering the boy to be secreted by him for the purpose of being conveyed away; and I hold a letter in my hand, in which he replies, he "knew nothing of the boy."—Now I can prove, he is in the employment of Mr. Henty at Launceston.—Commissioner.—But you will require to go further in order to implicate Mr. Leake.—Graham.—I have here the original Bond, (handed in) Commissioner, (after examining the Proclamation and Bond) I should wish to know whether you proceed on the Bond, or on the Proclamation?—Graham.—The Damages are laid at £200. in order to take both.—Commissioner:—In order to have two strings to your bow? (a laugh) The bond seems the most material Document to go upon, as the person binds himself that the vessel shall abide by the Port Regulations. Bnt I feel a difficulty, as it is not stated, in which way the penalty is to he recovered; by whom or to whom paid. The proceedings under the Bond, should be entered in the name of the Harbour-Master.—Graham.—But he is not in the Colony.—Commissioner.—I don't know what stress may be laid upon this—it may be for consideiation. Since I have sat here, a case has been before me similar to this, which was commenced in the name of the Harbour-Master. I don't mean to say that course not being adopted, would deprive the parties of their remedy. I see it is a difficulty; and feel inclined to try the merits of the case, reserving that point. You must show me that there has been a breach of the Port Regulations If it merely turns upon points of law, I shall take time to consider of my Judgment.—John Spencer sworn. George Key is an indentured servant of Mr. Hall's, I saw him sign the indentures produced in Court.—John Grant sworn to the same effect—saw him two years ago at King George's Sound, on board the Thistle, he was working in the cabin. He proceeded in the Thistle to Launceston.—Crossexamined—Sure he did not land at King George's Sound. He did not stay, he was engaged to Mr. Henty.—Commissioner (to the Plaintiff)—How long was he in your employ, for I do not consider it was intended that the full penalty of £200. was to be recovered, but that it was merely to cover any claim.—The Plaintiff replied six months.—George Leake—I cannot see that my liability is proved in any way, I should like to know whether the proceeding is to be upon the Bond, or the Proclamation. If upon the Bond, the action must be brought by the Harbour-Master, and they must shew the breach of the Regulations. I would also remark, the Plaintiff had opportunities of proceeding against Mr. Henty during his residence in the Colony. This was denied by the Plaintiff, the Boy whose evidence had been produced only having returned from the Sound about a year afterwards. (Some difficulty here occurred in obtaining the Port Regulations until at length it was suggested, the originals were in the Colonial Office. Mr Graham and his client withdrew for the purpose of procuring them.) During their absence the Commissioner remarked, if the change of names could be be got over by a mere stroke of the pen, as it was a matter of form, he did not see why it should not be done, if the question should be found to rest upon it. If the Harbour Masters absence could be supplied, it would only increase the costs to go through the case again, and it would be a matter of consideration for Mr. Henty, to get rid of the tecnicality,—Mr. Leake was desirous to simplify the business as much as possible, but as some objection might be made at Van Diemens Land, where he knew by experience, there were many keen lawyers, he should wish to avoid any appearence of irregularity If you give it as your opinion that I am liable, I will submit it to Mr. Henty; and if he refuses to concur in it, I must urge a strict adherence to the regular proceedings.—Commissioner.—A reference to the Judgment of the Court I should conceive sufficient; however,—(Here the Port Regulations produced from the Colonial Office. After perusing them) Commissioner, to Mr. Leake: You had better look at clause 17, and the letter end of clause 19.—Commissioner.—I shall take time to consider first, whether the action be maintainable under Proclamation; secondly, whether maintainable on Bond in the Court; thirdly, whether maintainable under any other name than M. J. Currie, Harbour-Master.—George Leake.—I have long considered it desirable, that the Bond should expire within a limited date, indeed I have long had the intention of suggesting it; according to the present regulation, the Bondsman is never relieved from his liability; after this I have my doubts whether Captains will be able to obtain any persons to become security. The Bond was generally regarded as a matter of form; and the obsolete Proclamation was for some time the subject of conversation, and pronounced as, ineffectual. It was understood that the Commissioners decision would be communicated to the officer of the Court, who was to convey it to the Plaintiff on his defraying the expenses. {{center|(to be continued)
Edited, Printed, and Published by CHARLES MACFAULL, at the Gazette Office, Perth.
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