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VIII.

Fresh Start.

On Saturday, February 8, 1851, the Otago Witness made its first appearance, very much like a Phcenix rising from the ashes of the past. Its policy was to be much different from its predecessor. The News was called the representative of the minority, styled "The Little Enemy"; the Witness assuming the garb of "Defender of the Faith" on behalf of the majority. Into the discussion it is not our place to enter or express direct opinion, only extracting facts and figures of interest, and the first is a record of the launch of the first vessel built in the settlement, name and tonnage not given. The third number gives "a List of Persons Qualified to Serve as Jurors for the District of Otago for the Year 1851," and contains 310 names, the radius not going beyond Saddle Hill.

As population increased the question of disposal of the waste lands and means of communication became more imperative—demanding. Early in 1851 Mr Kettle returned from his second expedition, made for the purpose of exploring the country lying to the westward of the Block, giving a highly favourable account of its grazing capabilities.

A public meeting was also held, presided over by Mr Justice Stephen, to take steps to get the beach road to Port Chalmers made available, and a committee set up to inquire into the cost of placing a small steamer on the harbour, by which regular daily connection between the Town and Port could be established; and also to have the roads to the south pushed on more expeditiously; and in proof of material progress, Mr Valpy held his second harvest home at the Forbury, when he expressed his great satisfaction with the abundant produce of the year; had it been otherwise, agricultural engagements would have been disheartened. All must now be convinced of the capabilities of the soil, which may be effected by diligence and zeal, as had been exemplified by his bailiff (Mr David Howden), and the suitability of the climate. The party at the home was a large one composed of all shades of opinion, who enjoyed themselves heartily, and could be pointed to as an illustration of the most cordial harmony—the kind and happy feeling—which existed among all classes, quite different from the discordancy published regarding us page 39 in the newspapers of the other settlements. To afford facilities for engagements a registry office was opened at the Witness Office, free of charge, to which application could be made.

Reviewing the second year the Witness says:—"Another epoch in the progress of our small settlement has to be marked. The ingathering of the present harvest—the supply of small fruit we have had in the past summer, and the indications of what fruit trees are also to do, by having here and there even as young unsheltered standards begin to drop the matured peach and fig—the improvement also of our dwelling houses ought to be noticed, and at the same time the labours and realities through which these results have been obtained."

The future was pregnant with hope. Onward with renewed diligence animated all. Agricultural and horticultural societies were formed, lime, tanning, and brick-making started energetically at the Kaikorai, and boat-building occupied the attention of a considerable number. A Settlers' Association was formed, and also a Mechanics' Institution in Dunedin, and a fitting crown of all was the announcement of the complete formation of a banking company, and the discovery of gold at Goodwood.

Were all the anticipations realised? By no means. The Banking Company had its notes all ready for issue [see illustration], waiting for a proper charter from the Government, which after some delay was refused, and so the effort came to naught. The gold discovery reported from Goodwood proved a duffer. In some the merits of the production did not warrant a continuance, others did not exhibit the vitality they were supposed to possess and fell into obscurity, happily to come to light again under more favourable conditions and now more conspicuous.

The Supreme Court was duly constituted with its staff of officials, and held its first sitting on March 3, 1851. The expensive process of summoning jurymen gone through, at a great sacrifice of time and money, the edict was obeyed by most, only to find neither civil nor criminal case before the Court. A second sitting on September 2 followed with a similar result. On December 2 a third sitting was held, but as no business was before it, an adjournment was made for a fortnight to adjust matters as to fines of £10 each imposed on non-attending jurors. On March 3, 1852, Mr Justice Stephen and family left Dunedin, and on June 1 a fourth sitting was announced. Thirty-six jurors were summoned and attended. On this occasion there were no cases set down, page 40 and had there been any there was no Judge to try them. The farce was rendered more absurd, as a procalmation appeared in the Gazette of May 13 abolishing sittings in Otago.

His Honor was a sprightly fellow, and kept things lively in Dunedin, patronising societies, making racy, humourous speeches at banquets, suggesting improvements in the town, and, above all, he "dearly lo'ed the lassies."

For one escapade in this latter respect he was brought to book by an offended guardian who faced him in his office straight-out blow in the face' was the result, for which assault a summons was issued, and the indignity had to be submitted to of a Supreme Court Judge appearing before a Bench of common Justices of the Peace on such a trivial charge. By a majority of what was said to have been a carefully packed Bench the charge was dismissed. The minority, however, were dissatisfied, and through their spokesman (Dr Purdie) an admonition was being administered on the impropriety of a man in the position he occupied showing such a bad example. His Honor cut the matter short by exclaiming: "Think I was going to wait for the slow and tedious process of the law," and stalked out of the Court. He was not long out when a written challenge from Doctor Manning was handed to his Honor by Manning's second, asking him to name a second, choose his weapon, and fight a duel; time and place to be arranged. The challenge was not accepted. It should also be mentioned that his Honor had caused a writ to be issued against Mansford, the accuser in the assault case, commanding him to appear on a charge of libel. As this indictment was of higher class it could be heard only in the Supreme Court in which his Honor himself presided, but before the eventful day came round the Court was wiped out, and his Honor was ensconced in Wellington, where he died shortly afterwards. What was called by some the manly spirit of the Judge appears largely to have permeated the Magistrates. The people generally were very law-abiding, cannie-going folk, who might enjoy witnessing an occasional row, but disliked to start one. How could the spare time of the justices be occupied under such circumstances. Their deliberations were held in secret, the press excluded, and thus one source from which a tumult of the people might have broken out was hermetically sealed. The slaying of Dr Watt:

Satan finds some mischief still
For idle hands to do,

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was amply verified. There was at that time one J.P. for every 20 male inhabitants, so well might they have been kept in bounds. Possibly at one of their conclaves the justices resolved to make out of door disturbances among themselves. As these could not be carried out conveniently in a small chamber, the exhibition would take place in public. So it became common to witness two or four justices engaged in combat with fists or sticks at the most prominent corners of the streets where there was available room. Whether they cast lots as to who was to get up the spree cannot be determined, that being a secret; probably it was "promiscuous like," as almost the entire batch was composed of frisky fellows fond of fun. The strong body of police, consisting of three able-bodied men, their chief being himself a J.P., had their hands bound, as they dared not touch a Magistrate. However, by some means the rioters were brought before the Bench in due form, and it was an edifying spectacle to see the juniors sitting in judgment on their seniors, not mute and repentant as they should have been, but rather to spout and show game, and as the evidence was generally contradictory, the deliberation was short, and before judgment could be arrived at the chairman put the formal question to his associates, "Anything known against accused," to which no response was given. "Case dismissed, not proven, but don't do it again."

It is not to be supposed little comedies like these were peculiar to Otago; they were regularly played in the older and more civilised centres, Wellington particularly taking a clear lead on the principle, "What is found on the green tree may also be looked for in the dry."

Governor Sir George Grey paid his second visit to the settlement about this time, making himself very affable, inquiring after the welfare of each on presentation at the levee, and familiarly asking one, a shoemaker with a record, "How are you getting along Mr P—? "Very well, Sir George, but—" "What is the not? "queried his Excellency. "Oh, very well, but—" and stopped short. "I want to know what is the not," said the Governor. Being thus pressed, King Crispin replied: "But we are very hard up for leather." The assurance came with an amused smile: "That will soon be put all right, Mr P—."

The feeling existing between Sir George and those in authority does not seem to have been entirely cordial, and though a burst did not at the time take place, the embers page 42 of dissatisfaction smouldered, soon afterwards sending forth smoke and flame. The captivating manners of his Excellency did not ensure success, and some of his actions caused a revulsion of feeling. The following trivial occurrence was looked on as an indignity if not an insult to; the hospitality of the older folks. Mr Valpy had erected a fine new house at the Forbury, built of stone and slated, the best finished in the settlement, elegantly furnished, and in every respect the most suitable as a regal residence, and, accepting the spontaneous offer. Sir George took up his abode there. The distance from town was considered great, keeping his Excellency out of touch with the people with whom he was expected to make himself very familiar, and the superior individuals shook their heads significantly, as much as to say, "We are not good enough for him," and certainly the Witness piled up the agony afterwards. There was bad blood between the rival powers, and it was shown on many occasion.

Sir George had peculiarities, and his methods of action were often misunderstood and misrepresented The great feature in his noble career was devotion to the interests of New Zealand and efforts to promote them.