THE CASE OF MOKOMOKO.

We thought we should hear no more of the supposed innocence of Mokomoko, whose execution for the murder of the Rev. Mr. VoJkner was reported some time ago in our columns. But unfortunately this is not so, as the following letter, received by us yesterday, will show : — To the Editor of the Daily Southern Gkobs. Sir,— Myself, amongst others, have grave doubts of the late deceased Mokomoko's guilt iv the murder of the lameuted Rev. Mr. Volkuer. Being in .Nelson on the 23rd ultimo, I met Captain Ley, and he assured me that he (Mokomoko) was miles away from Opotiki when the atrocious deed was committed. This, T know, that tne Crown Prosecutor failed in his duty in not summoning Captain Levy. The Rev. — Grace, I believe, was upon the trial, and so should have been Captain Levy, whose evidence, although of a different cread, I would As readily accapt as the aforesaid rev. gentleman's. — Yours, &c, F. A. Duncan. Auckland, June 11, 1866. P.S. — Captain Levy, I am given to understand, w«s od the spot ; and Mr. Grace wai in durance vile at the time the tragedy wa« enacted. — P.A.D. It is certainly to be regretted that Captain Levy was not examined as a witness on the trial of the murderers of Mr. Volkner ; but as he was not in Auckland, during the preliminary examination bafore the Magistrates, or subsequently in the Supreme Court, we cannot see that any blame can attack to the drown Prosecutor. On the contrary, counsel was retained for the deforce of the prisoners ; and Mr. George Graham, and the learned gentleman who acted on their behalf, had free access to the prisoners, and might have summoned any witness they thought material for the defence. The Crown brought sufficient evidence to convict. Mr. Brookfield did not accumulate evidence unnecessarily, and so prolong the pain the prisoners Tnn«t Lara F»lt in Oourt ; neither did lie press the charge unduly against Mokomoko, or any of the prisoners. If error there was, therefore, it was on the side of the defence. So far for the charge against the Crown Prosecutor; now for the general question as to Mokomoko's guilt. It will be observed that Mr. Duncan simply gives his impression of a conversation between himself and Captain Levy, and, without considering its effect, jumps at the conclusion that Mokomoko was innocent, and that the sworn testimony of witnesses to the contrary was altogether false. No doubt Mr. Duncan is actuated by good motives in writing his letter ; but that is no excuse whatever for drawing hasty and erroneous conclusions, and disseminating them, on a point of such importance as this. For instance, take his recollection of what C»ptain Levy said, and what is it worth? Does it amount to anything in the world but a a plausible assumption P How could Captain Levy know that Mokomoko was " miles away from Opotiki when the atrocious deed was committed," when he himself was a spectator of the tragedy ? A moment's reflection will show that this cannot be a fact within the knowledgo of the person named. Captain Levy might have gone the length of swearing, on the trial, that he did not see Mokomoko at the murder, but he could not swear at the same time that he knew that Mokomoko vrai miles away from Opotiki, when he himself had not left that place from hia landing to hi« embarkation ? Now, let us set this hearsay evidence against the testimony given on the trial. We quote from the depositions taken before the magistrates, which was substantially the evidence on which the jury convicted the prisoners. In the examination in chief, by Mr. Keetley, Joseph Jennings, a Portuguese, who resided for many years at Opotiki, deposed : — I remember the arrival of the schooner • Eclipse' at Opotiki, having *n board the late Mr. Volkuer aud the last witnehi. > I recollect Mr. Volkner and others being taken on shore by the natives They were taken to the pason-house, where they were kept till about twelve o'clock on the following day, when 1 saw Mr. Volkner led to the aide of the willow tree. This was on the 2nd of March last year. It was an armed party of natives who conducted him. ht was taken under the willow which was near Panapa's house. All the prisoners now present were amongst the escort. I saw the prisoner Mokomoko carrying a rope in his hand, behind Mr. Vo.kner. The rope Mokomoko was carrying was subsequently put round Mr. Volkner's neck, and he was hauled up to the tree and hanged. All I saw Hertmita doing was leading Mr. Volkner to the tree. I afterward* saw Mr. Volkner's dead body. It was lot down after life was extinct. I did not see Paora Taia at the place where Mr. Volkner was hung. He was not one of the escort, but I saw him near. Iwm about a hundred yard* off whei I aaw.all I have stated. This witness was cross-examined by Mr. Cam ell, the gentleman who defended the prisoners before the Chief Justice. The following is the report of the cross-examination in full : — I was present when Mr. Volkner and the others landed. Wepiha was present. Kereopa was not present when the vessel arrived, but he af towards came. There were 60 boldiem that formed the escort, but a number of people were following. I wai at my place, close by where tbe escort started. I recognised Mokomoko because I was standing a little way off the escort. A a far as I could calculate, the rope he had was about as' long as would have bten used to tether a hone. I saw Mokomoko give the rope to another man. At that time I was standing about fifty yards off. I did not see Mokomoko do anything but carry the rope. Mokomoko did not leave before the murder. He was present while it was being committed. I did not hear what was said; I only heard them carrying on the Hauhau rites. I have known Heremita for eight years. I did not set Faora Taia piesent at the death of Mr. Volkner. If this witness is to be believed on his oath, there can be no doubt of the guilt of Mokomoko; but lest there should be a question raised, the Crown corroborated this evidence by that of Wepiha, an influential chief, who was likewise cross-examined by Mr. Carnell. Wepiha swore : — I was at Opotiki when- the schooner ' Eclipse ' arrived ther*, with Mr. Volkner as a passenger. On the day after Mr. Volkner was placed in the prisonHouse, he was taken out by Heremita Kahu'paea. He was led by Heremita, and they were met by the - prisoner Hakaraia at the second gate. He was then led up to the 'armed natives; Mokomoko was in command of the anned 1 party. Mr. "Volkner was conducted 'to his church, and then to the 'hanging-place- the tree. ' Heremita, Hakar/ria, c and Mokonfoko were present at the tree. Paora

> WM inside the otiurob. lam m»t certain wh-re Penetito was •he wm there somewhere. I Mr. Volkner hanging to the tree. I saw from aotn« little dnt*"ce Mr. Volkner hoisted from the ground. I oould not distinguish who did it. h e was impended for some time, aud theu lee down, when be was quit* dead. The body was carried up to h house and laid down, aud the head was taken off. Heremita, Hakaraia, and Mokomoko were on-g^nt. '1 he body was left lying there, and the bead wm carried into the church. I was an eye-witness to all this. Jam ■ure that all the prisouar« were present, except Penetito. lam not sure about him. Paora Taia was in the church, and ordered the people to fulfil the orders of Kereopa. In answer to Mr. Carnell, this witness said : — I/was cot a week at Opotiki before Mr. V«lkne* arrived. I was about sixty yards from the prisonbouse when the escort came. 1 distinctly recoguiied Heremita, when he went up alone to the house to get Mr. Volkner. Hakaraia was in»ide thegate;rhe armed natives were outside. They wer« all aim«-d except Heremita. Mokomoko bad a gun, and besides I saw him with a rope. He put it round his own neck to show what was to be done to Mr Volkner 'Ibis wm a short rope — not the one Mr. Volkner was hanged with. About wxty natives were present when Mr. Volkner was hanged. lam positive Heremita and Hakaraia were there; they were in front 'of the escort. The rtpe with which Mr. Volkner was hung was a Manila rope from the vessel, about five fathoms long. I saw them carrying the head into the church. I know Paora wns in the church** for I saw him standing in the pulpit with Kereopa. A few days ago, we published collateral evidence of Mokomoko « guilt, from the journal of the Bishop of Waiapu, which must satisfyany one that Mokomoko was a consenting party t« the murder : was, in fact, a principal accessory before the fact, and therefore guilty of the murder in the eye of the law ; but the evidence of Jennings and Wepiha, uncontradieted and unimpeacked as it has been, goei much further. A statement has been circulated very generally in town that Dr. Agassiz, who was at Opotiki at the time of the murder, and whose name appears in the narrative of the event, had written to Mr. George Graham saying that Mokomoko was absent at the time of Mr. Volkner's murder. We have the letter before us, and in the interest of truth and justice we publish it in entire. It will be seen that it does not in any respect weaken the accumulated evidence against Mokomoko. The letter says :— May 26, 1866. Dear Sir, — You wish me to write to you, and inform you as to my opinion of the alleged innocence of Mokomoko. Ever since 1 have known him he has appeared to mi to have had a friendly feeling i towards Europeans. He several times advised the * Rev. Mr. Volkner not to return to Opotiki, is he knew the natives had at thafc time not a. very f rJemUjr feeling toward* him, orfin fact, any other missionary. At the time they hung poor Mr. Volkuer, if h* (Mokomoko) wax present or not, 1 cannot say. Some Maoris tell me he was : others say he was not. The morning before thf» murder I saw him. He was at that time porcvarewa, — in fact, like a perfect madman, i suppose he had been operated on by Kereopa. In fact, a man in such a state I should think could hardly be answerable for hin action. If he had seen, or even lent his hand to murder Mr. Volkner (if he was in th»t state at the time of ths murder), he would not afterwards h»re had any idea of what had hnppened, or what he might have done. Of Heremita I cannot »p^»k so favourably, as he was perfectly sane at the time of the murder. Just after the murder, he came to my house the leader of an armed party, took me away, and tied me up with the rest of the white people on the road . He said to me, laughing at the time, " We have just hung the missionary, and are now going to shoot all the pakuhas." — Yours sincerely. A. A«as»ib, M.n.0.0. Let us say one word in conclusion. We do not question the motives of the persons agitating the point regarding Mokomoko's guilt or innocence; only we very much question their - judiciousness. In fact, their interest in his case comes far too late to be of any use to him. There was ample opportunity given to bring up rebutting evidence, if any had been forthcoming ; and Iwe have been given, to understand that ample funds were provided for a proper defence. Whether the defence were weak or strong, we don't pretend to say. What we do say is, that the prisoners were represented by counsel at every stage of the inquiry, and those who undertook their defence knew exactly the evidence on which the Crown relied for a verdict. The report of the evidence and judge's notes were submitted to the Governor, and weeks elapsed between the trial and the order for execution. Still, no question was raised on the evidence ; and it was not until Mokomoko had passed away from life, that the natives have been eucouraged in the belief that he was unjustly executed. We republish the evidence to convince natives and Europeans , alike of the justice of the sentence and execution of Mokomoko, We regret that it was requisite to carry out the extreme sentence of the law ; but for the sake of society, native and European, it was necessary to vindicate . the law by a striking example ; and the Government, in our judgment, arrived at the best decision possible under the circumstances.

The London ship « Queen of the North,' Captain Green, ft.N. X,, arrived in port yesterday, after |» tedious aud protracted passage of 113 days, bringing * general cargo aud 83 passengers. The « Queen of the Noith ' it one of Messrs. Moulder Brother*' line of clipper vessels, and comes consigned to Messrs. Combes and Daldy. She has arrived in port in a highly creditable condition, having had no sickness durintf the passage. Amongst- her passenger* * familiar face was recnguised in Captaiu Daldy, one of our oldest and most respected fellow-colonists, ' who, with his family, has been absent from Aucklaud more than two years. Captain Daldy has, however, during his absence done good service to the province in the capacity of Ag j nt-General to ihe ( Provincial Government. The ' Quetn of the North' will be accommodated with a berth alongside tbo new portion of the Queen's Wharf in order to facilitate tho discharge of her large cargo. In our paragraph yesterday regarding the produce - of the small farms near Oahuhu, sold by Mr. T. Williams, we were in error in fixing the average purchase money per acre at £30 : it ought to hare been £33 103 Mr. A. Buckland was the auctioneer. 'Ihe result was, however, as we stated. In several in- '- stances, the first; season's orop paid the purchase money. At the Supreme Court, yesterday, Edward Bridges, ceachbuilder, was tried on the charge of having wilfully and maliciously set fire to an un* . finished house iv PobHon-street, the property of Mr. Samuel McCoskrie, with intent to defraud the New Zealand Fire aud Marine Inswrance Company, on the 26th January last. Messrs. Wynn and Macdonald conducted the proiecution, and Mr. Hesketh de» fended the prisoner. The oate occupied tbe attention o^ the Court the entire day, and resulted in a verdict of acquittal. The prisoner was discharged. , This terminated the criminal business of the session. : 'J he last meeting of the City Board, as at present constituted, was held in the Board-room yesterday, , the Chairman of the Board presiding. Several % letters were read as to rates, and as to the condition - of the streets. Oue or two matters were delayed, ai thtre was an indisposition to enter into engagement?. , A letter was received from Mr. Johnson Wilkinson, stating that be found that Mr. C. F. Mitchells name had been entered for a property in Colling wood* gtreet, instead of his owu. The collector having : ' stated the circumstances under which Mr. Mitchell'* name appeared, it was decided to ifcrike it off the, roll, which was done, the next meeting of the Board will be held on the first day after the elections are completed. A coroner* inquisition into the circumstances attending the death of Denis D. Burke, who fell into the hold of the barque 'Fanny Smail,' on ' Saturday afternoon last, was held at the Provincial Hospital yesterday afternoon, at two o'clock, before; J Dr • Goldsbro', coroner, and a respectable jury, of » whom Mr. Alfred Barchard was foreman. fter '- hearing the evidence of several witnesseathe jury - returned the following verdict : -That the deceased i Uenis D. Burke was accidentally lulled on Satur- ' day, the 9th instant, on board the 'Fanny Small, , by falling down the hold of that vessel." The following ndfcr was also added:— "The jury are of opinion that sufficient care was not'taken to secure ike tarpaulin over the hatchway: and wwdd;,' .uggeatthatin future the hatchway should notbe;* left: in so unj*r»teeted a condition." lT '

It will Ire s«Mrby"*dvertTsemenfr Bisowhere, that" Mr. William Kelly roriiaa from che<sandi<i»ture lot' East Watd No. 2, leaving Mr» R. Ridings in tbr field- We tutst there will benocoutert. We ctfneratulate Mr. Kelly on coming to this decision. 6 I > „ , . l i ' .<;> ol* -• ' Four ewes fire arranged f qt, hearing ,m the ,Con> pensatiou Court, on Monday next,, in. the., Council Chamber. Notices requrriug the attendance ©f tb,e, individuals concerned have been i«sued, in accordances with the term* of the bond entered into between Ijhe Provincial Government and the settlers el»imiug compensation. . ' Mr. R. McLeod, of WaiLeki, 1 yesterday bron^f; a charge against a bushman nanied Barryfor having ■tolen a quarter of pork. After hearing two witnesses, the Cohft dismissed the' case. * •»- We perceive, l.y an advertisement in another colnron, that.M .-. A*her A«her has received x mimerously stoned reqnimtton from the electors, of .East Ward No ], to allow - himself ttvbe i-utiin nomination forth* representation of the ward, w the City Bonrdv Mr. Asher ha* placed Jiifl.Wvtces at the disposal at the elestors. . wew c liave no doubt, shoul-1 he be returned, the ward will find in him a faitblul and intelligent representative. •' -' A meeting <>f the ratepayers of No. 3,J^esb Ward was held lust evening, at the Freeman's Bay Hotel Mr. Fiulay w«s voted to the chair, and briefly opened the meeting, by aUtii-g the, object for which it was called. Mr. C. F> i)libchdll then. aildr,e»setl the meeting, and ,'efcafced that an objection had been raised ,ogajn.st him' by some of the members i of ,the City B^axJ, us to his name not; being on iho el«csoral roll, jt imni, however, hare l>eeu a* niKUkw of some of the clerks, and for which he would not have to answer. He hatl Ween to Mr k Ogilvie andMr, O'Rorke, and they b >th sai 1 that there was no , F\ich> u>qualificatiqo. Some questions were, then put to Mr. Mitcuoll as to his views of the site of the Marl^t-house, Tbese haviog been auswered,, and a vote of confidence in Mr. Mitchell passed, the Meeting separated. ' ,■ ■ A woman named Bridget Hawkey was charged at' the Police Court, yesterday, with using obscene, language in High-street. Ihis unfortunate woman was wg|e;time since incarcerated f«* »* months, for being "a common drunkard, and a week or two ago for sev. n days for the same offence as, she was brought op for yesterday. She was found guilty, and sentenced to be imprisoned for fourteen days. Jeremiah Regan, who was discharged from the Mount Eden sJtoiik^de a few days ago," after serving four years' penal servitude, was charged with using obscene and threatening language to a warder in the Stockade on Saturday last. Regan was found guilty, and sentenced to pay a fine of 20s and costs, or to be imprisoned for forty -eight lioars- s I We are iiifornn-d by the honorary secretary of the Auckland Gymnastic Club, Mr. J. N. Flower, that the L-otftr.f Troupe. »t present performing in the Prince of Wales Theatre for a limited number of nights, have kindly consented to give two hours' instruction to the members of the Club, ou 1 Wednes-' day next, at their institution, when some of the most difficult feats in the repertoire of the troupe will be made plain and facile to the members of the Club. On the succeeding erening (Thursday), ' 'the performances at the Prince of Wales Theatre will be under benefit of th« Auckland Gymnastic Club, when we truest the troupe will be rewarded with a bumper hou>«ie. * - t Two teamen, of the ship, * Qneen of .the North wer»'t»ken.iuto custody last •v«ning, -on' a charge of wing threatening language, and assaulting the poliea , in the execution of their duty. The men, it *ppeaT<r r tookth* loan of a boat Lying alongside their vessel, and came ashore in order to proem c drink, and on , bring remonstrated with by the water police, one of them; deliberately diew, a •heath-knife and attacked th« constable. A bystander, who saw the knife drawn, interfered, and wascutjin the fac« before the men could be xccured. Major MacDonnell, we are informed, has returned to his old command at Wanganui, -in sonnd health. He was a passenger to "Wanganui by the s.s ' •iLnunri," ami -irc»* on tn Pipiriki on Monday week. Mr. L. 'W. Eaton will offer for iale by public auction,i to-d*y, at the stores of Messrs. Eaton- and "Dewolf, pe*r». apples, oranges, Hobart Town jams, fcjef, pork jowls, lund, bacon, hams, &c. > Messrs. Hunter and Co. will sell by public auction, to-day, at the 1 Otahuhu saleyards, 580' merino wethers, from Napier. Messrs. E. and H. Isaacs announce that they wiU offer for Bale,- to-day, at 11 o'clock, at their store, Queen-street, an extensive assortment of first class millinery and drapery goods. Mr.' Alfred Buckland' will sell, to-day, by public auction, at r the" Camp, Otahuhu, 'the mess kit, cooking and other utensils, wines, &c, the property of the officers of the 40th Regiment ; also at the Triangle^ at ' 2 o'clock,' fruit trees, shrubs, &c., and horses, cows, &c, by order of the trustees in the •stato of thelate Rev. James Hainlin. Messrs. Turrell and Tonks will \hold, to-day, at 11 6'clock, at their mirt, an extensive clearing sale of winter drapery and clothing. Messrs. C. Arthur 'and Son announce that they j will sell by public anetion, to-day, at 12 o'clock, at their mart, leasehold and cottage in Karangahape , Road, -freehold allotment in Ponsonby Koad;also books, drapery, &c. * < " Taimania," says' the Cornwall Chronicle, j " will soon be in a position to offer the attraction of ' deer-htalking, in addition to' those of unrivalled climate, scenery, fishing, hunting, shooting, and boating, td visitors from 'the" adjoioingool«nies. ' We frequently see" prime deer alive or killed ahipped by ' the Hteamenrior Melbourne, the former to stock parks ia Victoria, tbe. , latter, as .pyesents. to friends ; or occasionally to grace "the tablet of first-cla^S hotels. One. day lasb wc«k Mr. Richard Salfcrnar^h, of Sandridge, found deer so plektiful tliat he killed two with one, ball, whioh took effect in the loins of a fine, buck, and, th<?it lodged in the neck of a doe. Both fell dead at' the name inntaut. Iv life they, had wanderad through the , wild woods, tail grown and fattened together, and iu'death, they were not divided, iu.thi* Colony, though, if they are the same we saw shipped by the 'Black. Sw/m,.' <»n Saturday last, they are pretty well dispersed by this time, as they were ,pn their W«y to the proprietor of a celebrated hotel. 1 ' The Leotard Troupe appeared in a new programme last evening, which is intended as' their lait in Auckland, the company being about to embark for South America. Owing to' attractions elsewhere the attendance was limited. The' duplicate , ladders wet* introduced with good effect,;. and thb twingiug and double trap"Z§, the formfi^by'Mr. Wallace, and the' latter by Messrs. Geor'gWCnd Edwin'X.eotard, were placed: before the audience f»r,the, first time. ,Porhap« the greatest novelty of the eveniug was, however, Mr, Edwin Leotard'd success "in, the • Davenport trisk. Th© invitation from rthe stage was quickly responded to, and Mr. Leotard/ tied up with care; and determination, .The operation was no- sooner completed, tuiiltbe person.; left, the stage, however, than Mr. Leotard appeared from behind the screen, rope in hand, and solicited its, examination by the inoredulous. "la Parterre, "by the 'whole strength of the company, was an Amusing drawing-room entertainment The ' " Leap, for Life,'" *yd the oomib ballet, d'action, '"The Three Simpletons," terminated Che entertainment.' , .. i Mr.- Hoffmann^' concert last evening, in the Assembly Rooms, Shortlaiifl-street, was One of the plea*ant£«t'and mofet successful- webave attended m Auckland. J The ball was- nearly filled, and amongst the auditor* >we*e' many of the' musical amateurs of Auckland. iWu have&ot »p*ce to critifaite the performanco of the several pieces in the programme, and must content ourselves with apeaking ot the concert as a whole. Mr- .Hofifmann'a ; performaace on the bafm9niu'm was perfect. : ,Tbe duet by Mr. and Mrs. Hoffmann, oft. the- harmonium andpiaao, was^ justly applauded. , Miss Laura Meredith aaug with great taste, but the room is too small ,ior the<compMs of, her voice, Mrs. Hooper performed several pieces on the piano with great judgment and *kill. We trust theae Monday evenings concerts may be well attended in future. , . The firafof^He aeriea of 'papular coricerts arranged' to be given in the Odd : Fellows' Hall came' off last, evening. The asaenotbly, although respectable, was not io numerous as* we might hare expected. This' may be owing to the counter attractions elsewhere^ TheH,enterfcaimtnent was under- the conduct of Mr. Joteph- Brown, ■ who aoquitted himself with hi* wonted efficiency. : The programme was varied and attractive, including some 'excellent ■ glees, dupts, and. solos, which were; gone through in a creditable manner by inotrumentalitta andtTOcahbts. " > On -the whole, the conoert seemed to-, give much satisfaction to the audience.

Th» proposal to draw up a creed -for tt* Indepen d«ntt ia cauiing muchducuuipi) Jn the organs ,o khutbody. It ij fcugge«ted ; tha,t, -the(."w9rkl sh*H b», •ntnutjed io the. ptofesiori of^tbf pi»<?. jndepfndent th«ologic*^ college, or to a cpromittep u^th^.whar ■hall fck-ejoto their cpi^jjls i| few le^ri\«d>- )av^f«r|, w«l •cqa»at^irithC%|B|^Wiy,^K<^S««4^