Fix this text
THE BULLETIN
Fix this textNo. 8.
Fix this textSYDNEY, SATURDAY, MARCH 20, 1880.
Fix this textPrice—3d.
Fix this textSATURDAY, MARCH 20, 1880.
Fix this textShepherd v. Dibbs.
Fix this textNow that Shepherd v. Dibbs has been so far
Fix this textbrought to a conclusion and we are at liberty to
Fix this textrefer to the evidence without incurring the dis-
Fix this textpleasure of that inexorable and almost omnipotent
Fix this texttribunal the Supreme Court, it may be well to see
Fix this textwhether any of the features of this most dis-
Fix this text•creditable case cannot be made to point a moral,
Fix this textand to offer a few brief observations arising out of
Fix this textthe disclosures made during the trial. The first
Fix this textand most obvious reflections which occur to one
Fix this textwho impartially surveys this cause celehre are
Fix this textanalogous respectively to those which find expres-
Fix this textsion in the French epigrammatic saying that “ That
Fix this textwhich is known to more than one person is no longer
Fix this text& secret,” and to our own proverb “ Silence is
Fix this text•golden.” Shepherd v. Dibbs is a striking
Fix this text(example of a case of very common occurrence,
Fix this textand shows not only how easily a man like Mr.
Fix this textShepherd may under certain extraordinary
Fix this textcircumstances make money, but with what
Fix this textfacility a man like Mr. Dibbs may
Fix this texthave himself mulcted in heavy penalties. Mr.
Fix this textShepherd may be accurately estimated by his
Fix this textevidence; but the verdict, in addition to
Fix this textdemonstrating the fact that the jury ap-
Fix this textpraised the plaintiff’s reputation at its legal
Fix this textmarket value —that is, at the price they thought I ''
Fix this textMr. Dibbs would be able though unwilling to pay
Fix this textfor it—proves, for the benefit of those who may
Fix this texthave been so ignorant of law as to have any
Fix this textdoubts on the subject, that a man’s private repu-
Fix this texttation is an article altogether distinct from his
Fix this textpublic character, that both are his own exclusive
Fix this textproperty, and that anyone who attempts to take
Fix this textaway either aims at committing a profitless and
Fix this textvery expensive species of larceny. An incau-
Fix this texttious assertion, however true, a hasty word,
Fix this textuttered under whatever provocation, may, if only
Fix this textgiven expression to in the presence of a gossiping
Fix this textlistener whose delight it is to “ find dead men,” or
Fix this textof a friend of the absent one, hurl the speaker to
Fix this textfinancial perdition. Many flagrant cases of slander
Fix this textgo unpunished owing to the offenders’ lack of legal
Fix this textpowder and shot; and Mr. Dibbs’ misfortunes in
Fix this textthe present instance should be the means of in-
Fix this textducing those who are possessed of plenty of
Fix this textmoney, or the next best thing, the reputation of
Fix this textwealth, to regard their mouths as their purses,
Fix this texttheir wills as their purse-strings, their tempers as
Fix this texttheir banks, and a writ for slander as the com-
Fix this textmencement of legal proceedings which may in-
Fix this textvolve them and their friends in irretrievable ruin.
Fix this textWe have not at hand the means, nor are we under
Fix this textthe necessity of minutely enquiring into the cha-
Fix this textracter and abilities of the jurymen who have
Fix this textthought fit to inflict so severe a punishment on
Fix this textMr. Dibbs; but though from the nature of the
Fix this textevidence we share their opinion that the plaintiff
Fix this textwas entitled to a verdict, we certainly think that
Fix this textthe damages given were outrageously excesssive,
Fix this textand that they must have been fixed rather on the
Fix this textbasis of what it was thought Mr. Dibbs would be
Fix this textable to pay than according to a well and calmly-
Fix this textconsidered estimate of what Mr. Shepherd’s ad-
Fix this textmirable character was worth. However, let us
Fix this text• console ourselves with the hope that the jury have
Fix this textmade in regard to the paying powers of the de-
Fix this textfendant an error similar to that committed by
Fix this textBismarck respecting the milliards exacted from
Fix this textFrance. Let us also leave Mr. Dibbs to extract
Fix this textthe utmost possible amount of comfort from the
Fix this textreflection that he for slander has not been more
Fix this textharshly treated than have the many colonial news-
Fix this textpapers who from time to time have unwittingly
Fix this textlibelled the possessors of characters just about as
Fix this textvaluable as that which Mr. Shepherd has been
Fix this textkind enough to give himself. Mrs. J. C. Dibbs,
Fix this textand not Mr. Shepherd, is the person on whom
Fix this textthose who take into consideration nothing but the
Fix this textsworn evidence must have compassion. We feel
Fix this textinclined neither to congratulate Mr. Shepherd
Fix this texton his victory, nor to condole with Mr. Dibbs in
Fix this texthis defeat. Arcadians both of them. This is
Fix this textEnglish—for we’re not legally sure of our Latin.
Fix this textJustices of the Peace.
Fix this textNow that law reform ia being agitated for
Fix this texthere, and has in a measure become an accom-
Fix this textplished fact in Great Britain, a most glaring
Fix this textdefect in the administration of justice in
Fix this textthis colony might with advantage receive some
Fix this textattention. The prevailing idea that the Crown
Fix this textcan do no wrong has always appeared to our minds
Fix this textto be subversive of both the intentions and wishes
Fix this textof the blind goddess, and that its errors
Fix this textshould be subject to the same remedies as
Fix this textthose of any private citizen seems to us
Fix this textto be only in accordance with the true inter-
Fix this textpretation of the principles of justice. The fact
Fix this textof the Crown or its officers being liable for
Fix this texttheir mistakes would in no way affect the due ad-
Fix this textministration of the law, but it would compel those
Fix this textwho are “ dressed in a little brief authority,” and
Fix this textwho have the liberty of the subject in their charge,
Fix this textto see before them clear and weighty evidence before
Fix this textinterfering with such liberty. At present the ends
Fix this textof justice are being every day defeated by the
Fix this textignorance or prejudices of J.P.’s, many of whom
Fix this textare absolutely unfit to hold their positions. The
Fix this textqualifications in these colonies for a seat on the
Fix this textBench are indeed small, and a knowledge of law
Fix this textis not numbered amongst them. Too frequently,
Fix this textalso, character is only a secondary consideration,
Fix this textwhilst education has in many cases been utterly
Fix this textignored. We know many magistrates who cannot
Fix this textread a common sentence of English correctly,
Fix this textthough their financial positions enable them to
Fix this textsign cheques for thousands ; yet to such men the
Fix this textpublic have to look for the just fulfilment of the
Fix this textlaw. Until some well-recognised qualifications are
Fix this textinsisted upon previous to an appointment being
Fix this textmade to the Commission of the Peace, wo cannot
Fix this texthope to have the Bench either pure or capable.
Fix this textIn the interests of the public the law should be
Fix this textaltered, or some well-known principle laid down to
Fix this textguide all future appointments to the magisterial
Fix this textBench. It may be all very well to allow free trade in
Fix this textmedicine, so long as the public have a fair oppor-
Fix this texttunity of knowing who is legally qualified and
Fix this textwho isn’t, and of taking their choice. It may
Fix this textalso be advisable to permit free trade in religion,
Fix this textfor the State has definitely decided in various ways
Fix this textnot to interfere in theological matters; and be-
Fix this textsides, a great many people in this and other
Fix this textcountries appear to have firmly made up their
Fix this textminds that no man can be too great a fool, or too
Fix this texthypocritical a scoundrel, or be too ignorant to
Fix this textproperly expound the Gospel. It may also be not
Fix this textunreasonable to permit the existence of amateur
Fix this textlawyers of all kinds, for the people whom they
Fix this textget into trouble and ruin ought to know that, to
Fix this textuse a Hibernicism, “ cheap law is expensive.” If
Fix this textpeople like to go to medical quacks instead of to
Fix this textgood doctors and get themselves into the dissect-
Fix this texting room, that is their affair ; and it is their affair,
Fix this texttoo, if, instead of being gently conducted to Para-
Fix this textdise by properly-qualified exponents of Holy Writ,
Fix this textthey allow themselves to be dipped even figura-
Fix this texttively into “ Tartarean sulphur and strange fire ”
Fix this textby Domain ecclesiastics and swindling ranters.
Fix this textLet us have free trade even in law up to the point
Fix this textat which the British subject’s option ceases ; but
Fix this textlet us reflect that while we can choose the sources
Fix this textof our legal advice if we have the money, we can-
Fix this textnot select our judges. In regard to the latter,
Fix this textwe should go in for Protection.
Fix this textIn 1879 there were in Ireland 4,067,000 cattle
Fix this textand 1,072,000 pigs; 5,204,000 acres were under crops, as
Fix this textcompared with 5,882,000 acres in 1852. Of the 331,000
Fix this textsmall farms, at least 100,000 were living in the worst
Fix this textclasses of mud cabins. In 1871,155,675 one-roomed
Fix this textcabins were occupied by 227,379 families, while 357,126
Fix this textbetter class cabins (from two to four rooms) were made
Fix this textto accommodate 432,774 families. Taking these facts
Fix this textinto consideration, what must be the effect of famine ?
Fix this textMr. James Merriman, M.L.A.
Fix this textWe present our readers this week with the portrait
Fix this textof Mr. James Merriman, formerly Mayor of Sydney, and
Fix this textnow one of the representatives of West Sydney in the
Fix this textLegislative Assembly. Few men in this community
Fix this textstand higher in public estimation than this gentleman.
Fix this textHe is one of a stamp of men —not many of whom un-
Fix this textfortunately now remain—who have given Sydney
Fix this textthe mercantile stability she now enjoys. When Mr.
Fix this textMerriman was fighting his way in life, the mercantile
Fix this textmarine of Australasia was being formed. This port
Fix this text?o-day most undoubtedly reaps the benefits of the en*
Fix this textterprise of the men of those times, and it is to the
Fix this textcredit of the community that in Mr. Merriman’s case
Fix this textat least no opportunity has been allowed to slip for-
Fix this textdoing him due honour. Mr. Merriman is Australian
Fix this textbom, and represents the commercial men of a period
Fix this textnow long past. Thera is no one in this city who has
Fix this textnot a good word to say of him, and it is to his credit
Fix this textthat he never aimed at gaining popularity, and
Fix this textthat those who know him best prize his friendship
Fix this textmost. It is a grand test of a man’s excellence that the
Fix this textpublic should always think the same of him. Mr. Mer-
Fix this textriman has never fallen in public estimation as long as
Fix this texthe has been known to the people. Every contest,
Fix this textpolitical or municipal, has loft him the same number of
Fix this textfriends, and it is likely this will be the case as long as
Fix this texthe continues in public life. Mr. Merriman is now sixty-
Fix this textthree years of age. He was born at Parramatta on the
Fix this text23rd October, 1817. He has been three times elected
Fix this textunopposed for Gipps Ward, and has been successfu
Fix this textwith very large majorities in three contested elections.
Fix this textAt the last general election Mr. Merriman was returned
Fix this textto Parliament at the head of the poll for West
Fix this textSydney.
Fix this textOLLA PODRIDA.
Fix this textBY FISCUS.
Fix this textGentle Reader, —What do you think of our
Fix this textHarbour P And having mastered this time-honored
Fix this textquestion, tell me what do you think of our Cir-
Fix this textcular Quay ? Truly it is a magnificent picture, a
Fix this texttriumph of natural beauty adorned by the art of
Fix this textman—probably a Chinaman. Dingy warehouses,
Fix this textlooking like so many morgues, grace one side,
Fix this textwhilst the other is set off by a building that would
Fix this textmake Michael Angelo suicide himself with envy.
Fix this textI allude to the Government Stores. The middle
Fix this textof the Quay is fringed with worm-eaten logs which
Fix this textbear evident traces of having been laid down
Fix this textduring the carboniferous period, and upon these
Fix this textlogs recline divers sons of toil seeking work, and
Fix this textpraying hard they may never get within a mile of
Fix this textit. Travelling fruit shops roam hero and there;
Fix this textstalwart Masaniollos offer to “ glide o’er the
Fix this textslumb’ring sea,” a la the gondolier scene in “ The
Fix this textVespers,” for “a bob each way;” majestic ships
Fix this textraise their towering masts high in the azure sky,
Fix this textand a determined, but dilapidated small boy en
Fix this textdoavours to entice the finny denizens of the sea
Fix this textfrom their briny home with the aid of a bent pin
Fix this textand a piece of orange peel. There is a sort of
Fix this textpleasing, although rather bad-smelling repose
Fix this textabout the whole affair, occasionally varied by a
Fix this textBacchanalian votary slipping over the side, and
Fix this textbeing afterwards fished up full of intense surprise
Fix this textand salt water, and I doubt not the appearance of
Fix this textour Quay to-day is precisely the same as it was
Fix this textwhen the first batch of patriots landed on its
Fix this textsylvan shores. However, tilings are to bo altered
Fix this textsoon. The march of time and the advancement
Fix this textof the ago are about to lay their ruthless stamp
Fix this textupon this grand old relic of colonial enterprise.
Fix this textAnd even as I write, two men and a boy, armed
Fix this textwith one saw and a pot of Peacock’s paint are on
Fix this texttheir way to the scene of destruction,
Fix this textMany of our racecourse sceptics have sneered
Fix this textat the story of the Babylonian King who lived
Fix this textupon grass for seven years, but it has just been
Fix this textdiscovered that in some parts of Africa and
Fix this textAmerica there grows a pale green grass which
Fix this textEossosses all the intoxicating powers of the pale
Fix this textrown Hennessey’s “three star.” I could give
Fix this textthe latitude of these spots, but I’m afraid. We
Fix this texthave so many admirers of Mr. Hennessey’s works
Fix this texthere that I fear the reputation of Nebuchadnezzar
Fix this textwould be reduced to par. And besides, who’d
Fix this textkeep up Jim Punch’s posts, or attend our auction
Fix this textsales where luncheons are provided ?
Fix this textThe sun of the Exhibition is setting fast, but
Fix this texteven as the glorious orb of day before it sinks
Fix this textto rest throws out a last rekindled blaze—so does
Fix this textour International. It now boasts of a Punch and
Fix this textJudy show. The band in the Palace itself is also
Fix this textsomething to sit down and howl about, but I have
Fix this texta word of advice to give to those skilled per-
Fix this textformers. They should remember that, in addition
Fix this textto a naturally correct taste, we —the people of
Fix this textSydney—have of late had the experience of some
Fix this textcritics who have never been equalled for
Fix this textsagacity in this or any world that we know of.
Fix this textConsequently our ears are opened, and we know
Fix this textas much now about sporzandos and molto adagios
Fix this textand pooo poco crescendos, and delirium tremens,
Fix this textand cead mille failthes, as the greatest musician
Fix this textfrom Mozart down to the lady who plays the twin
Fix this texthurdy-gurdy ever did, and we therefore want
Fix this textsomething better than Beethoven in A or Weber
Fix this textin Z, or Wagner in L. What we want is Grand-
Fix this textfather’s Clock, and Johnnie Morgan, and the
Fix this textMaiden’s Prayer, and Nancy Leo, and such like
Fix this textmusic that has something of classical tone about
Fix this textit. Now that that “ Sweet Jemima ”is on the
Fix this textmusical war-path once more it will take something
Fix this textmore than old tow-headed Handel, or Daniel Lam-
Fix this textbert Rossini, to please our epicurean taste —
Fix this textsomething more than a Patti or a Giorza to
Fix this textastonish us.
Fix this textHow are we to account for this on scientific’prin-
Fix this textciples ? A few months ago 220 Market-street was
Fix this textoccupied by a Tract Propagating Society, and its
Fix this textwindows enlivened by Bible pictures, and the por-
Fix this texttraits of Messrs. Chiniquy, Allen, Beecher, Spur-
Fix this textgeon, and other apostles, and during this time the
Fix this textfront of the building was about as silent and de-
Fix this textserted as a pauper’s grave. Now, however, it is
Fix this textused as a curio shop—photographs of Dickie Lin-
Fix this textgard, Mrs. Siddons as Rosalind, and a countless
Fix this textnumber of burlesque Queens are daily exhibited ;
Fix this textand it is about as easy to get a look at one of
Fix this textthese as it was to get a view of the late comet’s
Fix this textnucleus. And it is about as easy for a person to
Fix this textpass the assembled crowd as it is for a soldier to
Fix this textpass a long beer, or an electioneering agent to
Fix this textpass one of Perkins’ bar luncheons. I wish
Fix this textMr. Buchanan, or Dr. Moffitt, or Lottie Wilmot,
Fix this textor some other philosopher —would look this matter
Fix this textup, as it has troubled me much of late, and
Fix this textcaused me more mental anxiety than my tailor’s
Fix this textbill or the unsettled state of affairs in Peru.
Fix this textI never dreamt that anything could overcome a
Fix this textjournalist’s philosophy until I visited the late fruit
Fix this textand flower show at the International. I didn’t
Fix this textfeel so bad about the flowers, but when I came to
Fix this textgaze upon pears that seemed to melt into a saccha-
Fix this textrine vapour as I looked at them ; upon grapes
Fix this textthat Bacchus himself might eat, until he brought
Fix this texton indigestion ; upon apples that made me men-
Fix this texttally recommend Eve to mercy; and upon melons
Fix this textthat a person could scoop out and make lodging-
Fix this texthouses of ; —when I came to gaze on these, and then
Fix this textto reflect that there was apparently no one look-
Fix this texting, I felt I must either risk a bite or rush outside
Fix this textand drown myself. I did the latter —at Cotton’s.
Fix this textSeriously, however, I object to these shows, be-
Fix this textcause they place undue temptation before us ; and
Fix this textif anyone will start up right here and put down
Fix this textthe shows, I’ll find a man who will second his en
Fix this textdeavours by putting down the fruit.
Fix this textMR. JAMES MERRMAN, M.L.A.
Fix this textIt's easy and takes two shakes of a lamb's tail!
With your Trove account you can:
http://nla.gov.au/nla.obj-125535846
(1880). The bulletin Retrieved March 27, 2025, from http://nla.gov.au/nla.obj-125535846
The bulletin Sydney, N.S.W: John Haynes and J.F. Archibald, 1880. Web. 27 March 2025 <http://nla.gov.au/nla.obj-125535846>
1880, The bulletin John Haynes and J.F. Archibald, Sydney, N.S.W viewed 27 March 2025 http://nla.gov.au/nla.obj-125535846
{{Citation
|
| title=The bulletin.
| year=1880
| section=105 volumes : illustrations (chiefly coloured), portraits (chiefly coloured) ; 30-40 cm.
| issn=0007-4039
| series=John Ryan Comic Collection (Specific issues).
| issue=No. 8 (20 Mar 1880)
| location=Sydney, N.S.W
| publisher=John Haynes and J.F. Archibald
| url=http://nla.gov.au/nla.obj-125535846
| id=nla.obj-125535846
| access-date=27 March 2025
| via=Trove
}}
Citations are automatically generated and may require some modification to conform to exact standards.
Select the images you want to download, or the whole document.
You can order a copy of this work from Copies Direct.
Copies Direct supplies reproductions of collection material for a fee. This service is offered by the National Library of Australia
Copyright varies by issue and article
Copyright varies with each issue and article. You may have full rights to copy, or may be able to copy only under some circumstances, for example a portion for research or study. Order a copy where circumstances allow or Contact us for further information.
Copyright status may not be correct if data in the record is incomplete or inaccurate. Other access conditions may also apply.
For more information please see: Copyright in library collections.
Copy and paste one of these options to share this book elsewhere.