f explained, would not speak much in the Defendant's favour. It was to be regretted that the Defendant was not present for his own sake, in order that he might remove by some explanation, so serious an imputation. Mr. Butler, said he had received his instructions but a few minutes previously to the case being called on, and he, in the hurry, had not seen the difficulty which now presented itself.
The Commissioner: Did not like to say so much as the case appeared to call for; it was desirable to give the defendant an opportunity of acquitting himself, the case had therefore, better stand over until the following day.
It was explained by the Agent of Mr. Smith, that he was prepared to lay open his books for the purpose of their being investigated, which was accordingly agreed to, and the balance was ordered by the Court to be struck and returned within a week.
Collins v. Lennard.—To recover £20. 14s. 3d. for goods sold and delivered
It appeard that Mr. Collins had sold to E. B. Lennard, Esq., 14 pigs, at £2. each, and an agreement was drawn up by the Defendant, in which it was stated, that they should be delivered at his farm: the Plaintiff however, transcribed the agreement, and omitted—at the farm—which the defendant perceiving, expressed a wish to have it inserted; the plaintiff declined, observing, 'He was sure they would not have any difference.'—As the defendant was riding away he perceived several natives in the neighbourhood, and upon this, remarked to the Plaintiff, that provided any of the pigs were speared, he must deduct £2 for each whether large or small. They escaped from the natives, but unfortunately one died in the boat, on its way up The defendant construing the agreement to mean, a delivery at the farm, refused payment, and this action was accordingly instituted. The defendant said he called on one occasion upon the Plaintiff to offer to bear half the loss, but he behaved so insolently that he (the Defendant) had come to the determination, of submitting the case to the decision of the Court.
The Commissioner was of opinion that as the Plaintiff payed half the freight, he made himself liable for half the loss, and—Judgment was given accordingly.
The Plaintiffs temper in the course of the inquiry frequently got the better of him, he had however, the candour to admit, (on being sharply reproved) that it was a matter of difficulty, for him to restrain, that 'humour which his mother gave him.'
Curtis v. Mason. The Plaintiff stated his case He had been in the habit of doing business with the Defendant, and made a bargain to sell her 8 half casks of pork, at 50s. per ½ barrel; 2s. to be allowed for freight from Fremantle. His part of the agreement had been performed, but the Defendant although she had boiled a piece of the pork in his presence and perfectly satisfied with it, (two other vessels arriving in the mean time,) she had declined taking more than four casks
No agreement being proved,—Verdict for the four casks with the expenses.
Mac Dermott v. Cheyne. The decision in this case, which is merely one of interest to the parties concerned, was, 'that the property be placed in the hands of Mr. Samson and Mr. Henty, and that Mr. Mac Dermott should receive a document for his portion of interest on the ship Stirling, giving a security for the repayment, if the final adjustment of the accounts should call for it.'
Lyon v. Dixon. This case was opened with determined hostily, both parties indulging in such reflections, as compelled the Commissioner to insist upon the courts not being made the Arena for the display of the passions. The amount claimed was £395; a charge for labour on Mr. Dixon's farm, including £50. money advanced. The Commissioner confessed it appeared to him a strange case, it might be supposed what was meant by the following items, but it certainly read very strangely. '58 days 59 Sundays included, 4 month's contract labour, 103 days, 120 Sundays included' (roars of laughter). An agreement was put in between Mr. Dixon and Mr. Lyon, which stated, that for the consideration of 10 fowls, 2 geese, and 2 turkeys, Mr. Lyon covenanted to enclose 2268 acres of land within the time limited by the Government regulations; under a penalty of £1000. The Commissioner wished to know whether it was possible that they could have seriously and soberly intended to have carried this agreement into effect—Mr. Lyon replied, that they were mutually bound
Mr. Clark deposed, that the £50 was paid as part of the price of certain houses at Fremantle, Mr Dixon had taken possession. This Mr Dixon allowed, but it was in consequence of his not recovering the remainder of the purchase money. Mr Lyon maintained that it was agreed when Mr. Dixon was upon the point of leaving the Colony a short time ago, that he should be his Agent, and the £150 the balance of the purchase money, should go towards the improvements of the grant, on the Swan, as he considered, unless some property was left in the Colony, to pay the expenses of those improvements, the grant would revert to the Crown.
After a long altercation, the Commissioner decided that the claim for labour, was not brought before him in a shape which would admit of his entertaining the case; but as it was proved that Mr Dixon had taken possession of the property, of which by a deed he had produced, he reserved the right of disposal in the event of the money not being paid, he should give Judgment for the £50.
IMPORTS per the Schooner
Auranzau, Captain Jordan, from Owyhee one of the Sandwich Islands. & Singapore
40 barrels salt beef, 29 pork, 47 bags containing 50¼ piculs sugar, 39 do. 50 piculs rice, 29 10 caddy boxes green tea, 66 ditto black do., 35 bags containing 33½ piculs of coffee, 20 tubs sugar candy, 9 cases containing 30 doz. bottles brandy, 1 case ditto 40 boxes of 240 Bengal segars, 1 cases ditto 400 pieces yellow nankines, 1 ditto 80 ditto, 1 ditto ditto 28 patent boat cloaks, 413 travelling bags, 9 cases ditto 39 doz. bottles beer, 1 case ditto 60 boxes chinsurah segars, 800 manilla hats, 36 ditto 300 floor mats, 36 ditto large size, 4 bags coffee containing 3 piculs and 17 lbs., l8 cases piculs sago, 25 piculs and l8 lbs., 15 bags rice containing 21 piculs, 9 dittto black pepper, do. 5 piculs and 14 lbs., 4 jars fine Manilla biscuit.
SHIPPING INTELLIGENCE
Departures
On Tuesday, the 9th Instant—The Jolly Rambler, Captain Brignell, for Hobart Town.
On Wednesday, the 10th Instant—The Frances Charlotte, Captain Smith, for Singapore.
On Saturday, the 13th Instant—The Cygnet, Captain Rolls for Port Augusta and the Mauritius.
Lying in Gages Roads.—The Merope, and the Monkey
The Merope is expected to sail to-morrow for the Mauritius via the Straits of Balli.
In Cockburn Sound.—The Government Schooner Ellen, Captain Toby.
TO CORRESPONDENTS
BIRTH
On Monday the 1st of April at Fremantle the lady of James Mc.Dermott Esquire of a daughter.
THE
WESTERN AUSTRALIAN
JOURNAL
The establishment of a Court of Civil Judicature in this Colony, was hailed with general satisfaction, but has tended to the diffusion of a spirit of litigation amongst us, which it is painful to see 'growing with our growth.' The list, last court day, comprised 22 unimportant cases, and occupied the time, of our highly esteemed Commissioner of the Court, for two days. In so small a community, it is a lasting reflection upon us; and we do hope to see 'every man his own lawyer,' before long every man his own friend, if he is not disposed to regard the strict injunction laid down for his conduct towards his neighbour. The consideration of this subject leads us to reflect upon the want of unanimity and friendly feeling which ought to actuate us in our transactions with those, who arrive here, and who embark their capital in the same adventure with ourselves; why not practice the disposition shewn in other colonies, to aid and assist the new comer? an exchange of civilities, surely would not be idly thrown away, and how many have the means of forwarding the views of a neighbour, by lending a team for a day, to plough up a portion of ground to enable him to supply his immediate wants, or by assisting in erecting a shelter for his property; and in many other ways which will suggest themselves to the well disposed. Let the Agricultural Meeting, a body of respectable gentlemen, look to this, it is time the seed of kindred feeling was sown amongst us;—it is even their interest to cultivate that, which can yield so abundant a return.
Grand Encounter at Preston Point.
Mr. Weavell has kindly furnished us with the following particulars, of this reported landing (a refinement upon our general rumours) of 200 natives, and spearing Mrs. Weavell and himself, the former in six places, (nothing like being accurate,) and killing the latter on the spot. But to the facts, 'About 80 natives were crossed this morning (Friday) at my ferry; they went to the point to fish, and prepare their repast; their fire spread to a considerable extent, which in addition to a rumour conveyed to Fremantle that Mrs. W. and myself had been speared, brought nearly every male inhabitant of Fremantle to my house, some with guns without locks, some with guns without ammunition, others with ammunition without guns, some with pistols, others with bludgeons; a fine scene!!—never was such a corps paraided in Western Australia; however, as so great an interest, was expressed, and such a disposition shown to render every possible assistance, I feel anxious to evince my gratitude, by the insertion of the enclosed letter, in your next number.'
A pretty rediculous piece of business the whole affair has proved; and will, we hope, tend to check the extravagant and absurd statements, which are daily got up in the absence of other 'Lies of the day.'
A report that Mr. and Mrs. Watson had been speared, we happen to know (from being a witness to the circumstance which gave rise to the rumour) is a malicious fabrication. Mr. Watson was standing at our gate, when Yagan who
