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compared with it ; such conduct was most disreputable in a magistrate of the territory, disreputable to him as a magistrate of the town, disreputable to him as a merchant, and disreputable to him as a man. Indeed, it reflected disgrace on the whole Province, for what will the people now think of Port Phillip?" M R . B A R R Y "hoped such a general conclusion as unfavourable to the Province would not be drawn." T h e Assessors found for the plaintiff, and Mr. Were, all this time in custody in Court, bore his tribulation with m u c h stoicism. After the delivery of the verdict he was even plucky enough to renew the fight, by asking the Judge for a copy of his evidence. His H O N O R : " I will not give it to you." M R . W E R E : " Will your Honor allow m e to sign it. I do not think it has been taken d o w n correctly." His H O N O R : " I can commit you, you know, for another contempt." M R . W E R E : " I do not care ! I will still protest against the correctness of the evidence as taken down." His H O N O R : " I shall not bandy words with you, and will certainly commit you for another month." M R . W E L E : " I still protest against the registry of that evidence, and I shall do so as long as I stand here." His H O N O R : " Let him be committed for three months." M R . W E R E (leaving the Court with the Sheriff), looked towards the Bench, bowed, and said, " I wish your Honor a good morning." His H O N O R (Excitedly)—" Let him be committed for four months, for gross contempt." M R . W E R E : " I a m obliged to your Honor, for I know that every month you give m e will add to the pleasure it gives to yourself." His H O N O R : " Let him be committed for another month." M R . W E R E was by this time got to the door of the Judge's room, where he was heard to mutter something indistinctly. His H O N O R (in great wrath)—"Then let him be committed for six months." Before Were had time to continue any further doubtful compliments, and so have his durance prolonged, the Sheriff and some officers of the Court thrust him outside and closed the door. After the lapse of a few moments, the Sheriff re-appeared, and represented to the Judge the very bad accommodation the gaol afforded. H e hoped the sentence might not be carried into execution. His H O N O R : " Mr. Sheriff, I will not be trifled with any longer. Let the prisoner be removed at once." A n d removed he was, to anything but comfortable winter quarters. Since the foregoing was written the following facts, of which I had no previous knowledge, have been communicated to m e :— Mr. J. B. WTere arrived in Melbourne in the latter end of 1839, and, as the bearer of letters from the Secretary of State, would have obtained any Government appointment he might desire, but he settled down to mercantile pursuits, and was a well-known figure in the commercial world. O n the 20th July, 1840 he was especially appointed a local magistrate for Port Phillip, and on Judge Willis' arrival in 1841 His Honor and Mr. Were became very close acquaintances. Indeed, Willis, appreciating Were's ready tact and commercial knowledge, liked much to have his assistance at Nisi Prius sittings, when most of the causes used to be then tried by a Judge and two Assessors. The entente cordiale did not continue long, and was snapped thus :—John Batman had appointed Captain Lonsdale one of his executors, and after the testator's death Lonsdale irregularly transferred his part of the trust to a Mr. P. W . (" Paddy ") Welsh. Willis ferreted this out, and vowed that thefirstchance he got, he would send Lonsdale to gaol, and leave him there until he turned to a m u m m y . With exulting voice, and an ecstatic hand rubbing, he used to gloat over what he was meditating to Were, but the latter being on intimate terms of friendship with Lonsdale, did not respond so sympathetically as desired to Willis' charitable anticipations. So they cooled towards each other and Willis, who was quick in his transitions of temperament, was soon Were's inveterate foe. T h e action out of which Were's cross-examination arose on the day he got the six months' dose, was one of a series of legal