Criminal Sittings. Thursday, September 1, 1853.

Messrs Wm. Mason, M. G. Nixon, and T. C. Williams, took the oaths as Justices of Peace for the Province of Auckland. Richard Phillips, boatman, was fined £5 for non-attendance as a Petty Juror. Grand Jury,— Alex. Kennedy, Esq., Foreman; J. W. Bain, Wm. Brown, A. Clarke, Wm. Connell,' Jas. Farmer, T. S. Forsaith, J. A. Gilfillan, W. S. Grahame, J. Hargreaves, S. Kempthorne, H. W. Nairne, Wm. Mason, Hy. Matson, M. G. Nixon, Thos. Paton, W. I. Taylor, C. I. Taylor, J. Williams, J. Woodhouse, Esqrs. His Honor said— Since the last time you met, another case of personal violence, followed by death, has occurred. The only other cases which will engage your attention are two of petty larceny. Upon lookmg over the depositions, and the coroner's in- ] quest, I do not find anything upon which I need offer any remarks. The Grand Jury having found a true bill against William Moore. William Moore was indicted for assaulting and stabb'ng, on the 25th of June, at Howick, one Mary Moore, and for having, with malice aforethought, killed and murdered the said Mary Moore, she having died of her wounds on the 26th of June. The prisoner pleaded not guilty. William Moore (a boy about 10 years of age, the son of the prisoner) was here placed in the witness-box, when the Chief Justice stated to the Jury that; he had examined the witness, and found that he understood the nature of an oath. He was then sworn, and stated — The prisoner is my father! I recollect the 25th June last ; after breakfast, my mother and father and myself were in the house. I was going out of the house when my father called me back and locked the door. He then stabbed my mother twice, or more, with a shoemaker's knife ; it was a knife like the one produced. I unlocked the door and ran out. I saw Mrs Sheaid. My father was sober. He took a knife to my mother three times before that; j it was not the same day ; it was a week before. The prisoner said that the boy was so young it grieved him much to ask him questions. Iv answer, the witness said his iather and mother were bad friends for some weeks past. By the Court. — I am quite sure my father said nothing when he struck tny mother. I cannot recollect whether any words were spoken before he stabbed my mother. Ann Sheard, sworn, — I am the wife of John Sheard, pensioner, of Howick I know the prisoner at the bar. I knew his wife; I live in the adjoining cottage to them. I recollect that on Saturday morning, the 25th June last, I heard Mrs Moore screech; I was in my own house. I heard her say, Oh ! William. After that I heard her screech a second and a third time. I saw her afterwards outside her own gate. She put up her hands, and cried out murder repeatedly. She walked as well as she could towards my gate ; she was in a stooping position. She called me to her assistance, and said she was stabbed in the belly. By the prisoner. — I have heard words iv your house, but never blows before that morning. I heard you say the evening before, you wished to get into hospital for a month. 1 have not anything to say against Mrs. Moore. I never knew your wife wished to get you turned out of the place. Frances Organ, sworn, said, I am the wife of Richard Organ, a pensioner of Howick; I recollect Saturday morning," 25th June last ; I saw the deceased, Mary Moore, about 8 o'clock, near Mrs. Sheard's gate, she was standing in a stooping position ; I do not know how the prisoner and his wife agreed; Mrs. Sheard called me, and Mrs. Moore said she had been stabbed in the belly. Moore came and took her by the hand, and said, come in doors ; Mrs. Sheard 3aid, you murdering villain, what have you done ; he held up his finger, and said, that Mrs. Moore's blood was on her head, and on his ; he said, he had been brought up to do it ; he said, look at those children, (pointing to his own boy, aud Mrs. Sheard's,) I wanted Mrs. Sheard to take her into her house, but she was afraid Moore would murder them ; I took her to my house, she' sat down a few minutes, when she said she was in great pain, and asked me to lay her on the floor; she said she was bleediDg to death. After she was removed to her own house and undressed, she said she should not live. Two wounds were found on her person ; one on the right side, the other on the left. By the prisoner. — I did not know that you and your wife were on bad terini. You sent for my husband one Sunday morning, and asked him if you was in your right senses. He told you he could see nothing the matter with you. I never saw anything the matter with you. I went to town once with you and your wife ; I came up to pay Captain Salmon for a bag of flour ; I recol-

lect seeing Mrs. Moore carrying some leather; Mrs. R. Robinson asked her husband to carry it; you came out of the churchyard at Howick. John Thomas Watson Bacot, sworn. — I am surgeon attached to the pensioner force at Howick ; I recollect being sent for on the 25th June last to see Mrs Moore, about half-past eight in the morning; she was lying in a neighbour's cottage, -on the bed ; I had her removed in a sheet to her own house; I examined her body, and found two wounds, one on each side of the naval ; they appeared to be made by a very sharp weapon ; the knife produced would have made such wounds; there was not much bleeding from the wounds ; I attended her untrl her death ; I saw her last on the Sunday evening ; I believe she died on the j Sunday night about eleven o'clock ; I afterwards examined the body ; the cavity of the belly had been pierced on both sides ; on the left side, the small intestine had been wounded ; the cause of death was internal bleeding from the wound in the small intestine. By the prisoner. — My wife sent for you several times. I thought you showed symptoms of a tendency to insanity; I think she behaved in an extremely kind manner towards you. By the Attorney General.— l believe the prisoner was perfectly aware at the time, that if he stabbed the woman he would hurt her, probably would kill her ; I think he was able to distinguish right from wrong, and to manage his own affairs. A delusion might exist upon one point (such as the prisoner fancying his wife wanted to injure him) and the mind might be apparently sound upon other matters. William Mason, sworn. — Stated, that four or five days before Mrs. Moore's death, about eight o'clock, he came to my house, and stated, that he wanted to place himself under my protection, as there was a conspiracy against him in Howick, and he said he had heard them read through the wall. He said he was not guilty of any crime ; and I recommended him to go home ; from the manner he spoke, I thought he was not in a sound state of mind. By the Attorney General. — It was entirely from the manner of his statement ; there might have been depositions read. I intended to write to Captain McDonald, but being called from home, I neglected it : and since Mrs. Moore's death, I have regretted that I neglected to do so. The prisoner wished Mr. Patton, of Howick to be called, but he was not in Court. The prisoner stated in his defence, that he believed -bis wife gave him things to derange, him ; sometimes he was better, when he refused the tea and such things as she gave him. The Chief Justice having summed up ; the Jury retired, and after an absence of about twenty minutes, returned a verdict of Guilty of Wilful Murder,but strougly recommended him to mercy. William Charles Hazlet, (a man of colour) was next indicted for stealing a watch, the property of Thomas Ledra Wallis, of Auckland. — Pleaded guilty. Jeremiah Cooper, (also a man of colour) was indicted for having stabbed, with intent to kill, or do some grievous bodily harm, to one Abner Tucker, at the Bay of Islands. — Pleaded guilty. The only remaining case was postponed until this day, at 10 o'clock.

In another part of our issue will be found a report of the proceedings in moving for a Change of Venue to Wellington, in the case of libel — Brown v. Williamson and another. We considered it a matter of propriety to abstain from reporting the arguments in this case until the Chief Justice should have given his decision. That part of the action is now disposed of; it has become matter of history, and there can therefore be no longer any objection to doing so ; nor even to the offering a few observations conceived in a deferential and fair-reasoning spirit, with regard to some of the arguments upon which the Judge's refusal to grant the Order has been based. His Honor observes that : — The fact of the public excitement ii undeniable : tnd the publication of rnatten connected with this action it not denied. Th« fact, therefore, of luch publication I muit take to be admitted ; though I am not at liberty to mf«r from the defendants tilence, ib»t they admit the matters pnbliihed to be of mch a ciurac er at hit been ascriued to them. Why not ? If the affidavit prove anything, it proves the whole. His Honor admits, on the strength of the unanswered affidavit, that the defendants have published something,— i. c., that they published the 'New-Zealander 8 twice a week ; but will not admit the censurable character, although the character be not denied. IV preirnt application ii founded on the analogy [ of the English practice, province* being subititut d for coumiei. But the practical consequence* of adopting this analogy in the pieieut ca.-e, would obviously be tery different. Thry would be different «• to the enormou* addition to be cosda to cost! of the action ; though, as to ihia point, I fully admic the forre of the coniidera'iom »o ably urged by the lfained Counsel for the plaintiff ; and they would be different at to the enjrinoui hard chip to be inflicted o.i the wiinesse*. The plaintiffs counsel proposed that the evidence should be taken at Auckland, — a course which would have avoided the expense. The Judge takes no objection to the proposal, but passes it over as if it had never Taeen made. The elec ion, the sole alleged lource of tl c exci'ement, of which the eficd » are apprehended, is part of a moTcn.ent extending through the whole Colony; nnd n."C:auii!y producing a like diviuon of political feeling everywhere. We can bare no reasonable aisurmcc that, in Seeing from party-

•pirit in one province, we fhall not meet it in •nothtr. The election was strictly of a provincial, not of a. colonial nature. It was most unlikely that the attendant excitement should extend to Wellington, and we know that it has not extended there. Again, though there be no absolute certainty that local excitement might not extend from one province to another, there is even less certainty that in England it might not extend from one counti/ to another. The objection would apply to any change of venue, in any case. The argument of expense appears to invalidate the argument of extended excitement. The expense would be increased by distance and difficulty of transit ; but the likelihood of excitement in one Province extending itself to another Province would be lessened by the same caiises. I think that the on'y remedy which can be fafe'y applied it to be found, not in spare, but in time The plain iff hai it in hit power to defer the trial umil the present excitement ihnll hate abated The supposed remedy is, unfortunately, no remedy at all. There is nothing to hinder the defendants, should they be so disposed, from keeping up that excitement. They have done so until now. The fact is admitted ; and the law docs not give protection.