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Auckland Star, Volume V, Issue 1303, 11 April 1874, Page 2

We read in the telegrams of- this morning's Herald that the Thames Star has espoused the cause of the specimen atealers and their magisterial sympathiser, Mr Fraser ; and in doing so deals heavily with us in its own small way. We are not surprised at this, for that wretched little paper which disgraces us by bearing our name owcb its existence to specimen stealers, and the continued action of the police in the course now adopted would drive from the goldfield its chief patrons and supporters. As the Thames Advertiser, the Daily Southern

Cross, the JSfew Zealand Herald, and this journal have all given utterance to the instinctive feelings of honest men, it is perhaps fair that: the rogues should have an organ, and irrespective of the fact that we believe Mr. Fraser to be himself the writer of the article in question, it iH wholly natural that the specnnen-xtoaleis should have an advocate in the Thames Star. It ia quite

unnecessary for us to enter into any argument to show the necessity that there was for the police to take such a course if it was

desired at all to stay the work of crashing stolen specimens. Of course if it is not

desired generally, as it evidently is not by some, then the police should be censured

for allowing their zeal for honesty 'to outstrip the public will. But a8 in or-

I dinary cases the quartz-crusher and the I thief are bound alike to nbsoluto secrecy by a common danger, as any scrupulousness

on the part of the crusher will only drive away a customer, and deter other customers of a similar class from coining, if the police must fumble their batons till a case of guilt comes into their hands, they are likely to wait about as long as till Mr Fraser is made a judge. Wedo not hesitate to say that there is not an honest, man in Auckland province but approves of the action of the police, and will rejoice that an evidently habitual offender like Mannning has been trapped, and we have'equal confidence in asserting that it is the duty of the Government to enquire into the conduct of the Resident Magistrate, and consider whether in the circumstances it might not be advisable that he should be removed to some other, sphere, not by way cf punishment, but to effect a separation between him and a class of persons Whose friendship and applause he evidently courts. As a specimen of the logic wherewith their organ defends the thieves, and condemns the action of the police, we give the following from the Thames Star: —"The police were guilty of procuring the commission of two crimes because they " suspected" a man of being guilty of one, so that if the principle were carried out in other directions men might be temptel to steal specimens in order to afford proof that specimens were stolen." If any one will explain to us the nieaning of the writer or the connection of his inferences we shall plead guilty tp crass stupidity. If the thieves' oracle means anything at all it is that it is a crime even to "suspect" one of its proteges. But the article proceeds, " The principle is opposed to every axicm of English jurisprudence to do

anything which would lead to the commission

of crime, especially when the end Bought is to prove the. character of the police for l smartness." We should like to know any I iohe axiom, of English jurisprudence, unless it be in the thieves code, which is antagonistic to the trapping of thieves j and there are few who do not know how common it is for example to send a marked money letter the Post-office; although in itjiis as in similar cases there is some- ■ thing more important sought than the object mentioned in the Thames^ Star's'ten&arkable anti-climax, proving " the character of the police for'smartness." We feel, however, the difficulty of carrying on an argument with our small We reason from a different stand-point. (?ur premises are based on different codes of ethics. Theirs are of the moral principles of .Newgate, ours of honest men. The little organ of the thieves twits us with pandering "to the prejudices of Auckland1 speculators." Heaven knows we bear down often and heavily enough oh "Auckland speculators;" and if they hare any gratitude in their souls we lay no claim to it. But;bad as they may be we respect the "prejudices " of theseor any other men when these " prejudices "are simply "preju- ' dices " against being robbed. Hundreds of our small Thames contemporary's-patrons who have borne the; garb of simple working ""miners,, have gone home to England laden with the spoils of shareholders, and if these shareholders have an objection to this, upon our honor we respect tHeir prejudices. This action of Mr Eraser's has been a very dirty

business, and the more he. stirs it up by writing in the press the more unsavoury the stench.

The state of the law on the subject of infanticide has for some time been regarded as very unsatisfactory. By assigning the penalty of death in cases where it is clearly made out that the child has met with its death at the hands of the mother, our criminal code is, no doubt, just in principle, but in practice the result is bad. It will be said by those who uphold the severity of existing statutes that no kind of murder exhibits a deeper depravity than when a a mother so far forgets the very instincts of her nature as to destroy the fruit of her womb. It will be said that nature herself cries out for condign retribution. But although this reasoning is sound, thdre are other considerations which have to be regarded. In the first place—We must see whether there are no mitigating circumstances in the case, and then we must inquire into the deterrent results of the punishment. With regard to the former we will take the case of the unfortunate girl who was tried at the Supreme Court yesterday. As Judge Arney humanely remarked, Minnie Garlick may have been, up to the commission of the fault which entailed such fearful Consequences, a virtuous girl. She comes out to a strange country, young, inexperienced, and perhaps friendless. She fallsapreytoavillain's lust, and then she finds herself pregnant with the assured conviction of the finger of scorn being pointed at her for life if her folly is published abroad. What wonder if at this juncture the Devil does tempt her to conceal her state, and if possible do away with the evidence of her guilt. Then what is the practical result of the penalty of death being prescribed for this offence. One and the great result is that not once in a hundred cases does a jury convict of the capital crime. There arc few men whose sense of justice is so unswerving as to be proof against the appealing misery of the delicate creature in the dock, whose wan features and vacant looks bespeak the all-absorbing horro; which possesses her soul. It is in the contemplation of such a spectacle as this that a man feels that the original sin was more'probably sinned against the poor woman than by her, and cannot avoid reilecting how great a share in tho punishment of the crime his own sex should bear. Probably more abstract justice would bo dealt out in sucli trials if a jury of women were empanelled. At any rate it is certain there would be more convictions recorded. This subject has received a good deal of attention in England, and there has been some talk of { alterations being made. We believe firmly that if the puuishment of infanticide was commuted to a term of penal servitude, say of not less than three years, there would be fewer absurd verdicts of " not guilty" in the face of the plainesb evidence, and there would be also, what is moreimpoitant, fewer cases of child-murder.

We do not often feel disposed to interfere in the pretty little quarrels of our local morning contemporaries, but fair play is a jewel, nnd when we see unfair attack tending to rob a Uterateur of honorable laurels, we feel uneasy in standing still. " Cameo," of the Cross-, charges "Snyder," of the Herald with plagiarism in the following fashion :— "By the way talking of plagiarism a while back 1 forgot to express my surprise that so orignal and graphic a writer a.s Mark Twain "should have deliberately stolen an article from 'Snyder' on Life Assurance. It is not exactly what one might expect from that comic American; but it nevertheless a fact that the articles are almost identical." The insinuation, subsequently more broadly stated, is that "Snyder" plagiarised from Mark Twain. We have the two articles before us, the one by Mark Twain on "Some Inquiry about Insurances," and the other by "Snyder" on " A Life I'olicy the Beat In vestment." We have read them through carefully and compared them, and we declare that there is no identity whatever. There ia not, we believe, one idea in the one in which we can observe any resemblance to any idea in the other, and certainly not one idiom or expression or point in which there is any kind of relationship. Wholly different trains of thought run through both, and the treatment is wholly unlike. Wo may not be a judge of such matters, ' but we protest that we prefer Snyder's both for raciness and absence of effort. However this may be, as an onlooker outside the ropes, we deprecate an attempt so manifestly unfair to tear away'laurels which "Snyder" has really well won.

A well-attended meeting of the settlers of Wangarei and surrounding districts was held at Wangarei yesterday to consider the question of steam communication, and was well attended. Mr. Reyburn occupied the chair. Mr. Ornjiston made a statement referring to the steps that had been taken to secure what was desired by all the settlers, namely, regular 'Steam communication with suitable vessels. He spoke of the necessity for steamers coming up to the township instead of stopping at the heads as before.. The captain of the steamer Murray expressed his satisfaction at the appearance of the district and its prospects. Some regret had been felt that the Murray was of too great draught to come up to the wharf, but the captain announced that it was not his intention to place the Murray on the trade, but the Wallace, a sister steamer in most respects, but two feet lighter draught. The intelligence gave great satisfaction. Mr A. Beveridge, Provincial Solicitor, who was present a3 representing the Government, stated that his Honor the Superintendent and the Executive were very anxious to promote the object in view in every way in their power, and if the settlers showed a disposition to co-operate the largest subsidy possible would be granted;. The meeting was characterised by greati'unanimity, and all present pledged themselves to support a good steamer running regularly. A committee was appointed to promote,.the object in view, and the meeting terminated with the customary vote of thanks. . i •■•

The weekly meeting of the Better Prospect Mutual Improvement Society, Wellingtonstreet, ,was not so largely attended last evening a3 •on some previous occasions. The paper, therefore, was but partly given. On Friday next a copy of rules will be submitted to the audience, as the society has not yet been really formed. An attempt will then be made to organise the society, pass certain rules, enrol members, propose a series of papers and entertainments for future evenings, and the, essay previously annpunced will be given. The idea is to inaugurate an improvement society on liberal principles, perfectly unsecfcarian in its' character, where subjects of general interest will be introduced for the intellectual benefit of young persons residing in the localities of City West.

By steamer from Bio de Janeiro news is received that the Asiatic cholera is raging alarmingly at Buenos Ayrea, causing from thirty to forty deaths per day. Fifty thousand persons had abandoned their homes in the city to seek refuge in the open country. The Presideut of the liopublio had also; fled the city for a healthy residence. This act of Sarmiento is unfavorably commented upon by the Press,

A serious accident occurred last evening, at the Sash and Door Company's Mills, Mercury Bay, to one cf the labourer;?. It appears that the man was a fresh hand, and not much accustomed to the work, and in the course of ripping lines, while in the act of pushing the wood forward, his hand came in contact with the teeth of the circular saw, and two of his fingers were entirely cut ott from his hand, while two others were injured. He was at once taken to the Provincial Hospital, where he received every necessary attention, and is doing as well as could be expected. Our Alexandra telegrams convey the result of the meeting between Mr Mackay, Colonel Lyon, and Rewi, at Kopua. The burden ot Rewi's message seems to have been roads, to which he is still opposed, and says must be stopped. Mr Madliay asked him if he couldn't wait a bit, and Rewi replied that he thought he could rest quiet another year. Over this understanding the natives danced, and the Armed Constabulary manoeuvred, and all parted on' the most amicable terms possible. The learned prognostications of a relaxing of the kingite exclusiveness, etc., which have been indulged in by some of our contemporaries, do not seem to find their fulfillment in Rewi, and they certainly are not likely to meet with any response from that old humbug* Manuhin. The meeting of the Ngatimaniapoto and pakeha rangatiras, of which so much was expected has, in fact, turned out a farce, possessing all the striking features of many others that have been played at the Waikato theatre.

We have much pleasure in calling attention to the unreserved sale of Campbell ville, which takes place at Messrs Samuel Cochrane and Son's land mart, Fort-street, on Monday next. This estate is one of the finest and best adapted for villa residences near the city, and the allotments have been cut up in large sizes in order to encourage the erection of a good class of dwellings. We should like to see carried into effect the wishes'of the deputation who waited on the Provincial Executive yesterday urging the purchase of the estate as a park, but owing to the delay in moving in* the matter, andjjthe absence of his Honor the Superintendent from town, it is very probable that the memorialists will fail in the attainment of their object. The attention of persons desirous of securing sites forsubuiban residences may confidently be j directed to the sale announced for Monday.

Mr James Meikle, the engineer of the s.s. Murray, reports having used on his return trip from Eussell two tons of the Wangarei coal. He gives in the following report as the record of the experiment : —"As a steam coal the Wangarei coal is fully equal to the Bay of Islands. @It burns more fiercely and with a clearer flame. The smoke is considerably less, thus showing a more complete combustion. The sample used appeared to require screening, as there was a «)nsiderable quantity of earthy matter among the fuel. Although the quantity burnt was not sufficient to furnish a conclusive test of the quality, my impression received from the experiment is that the Wangarei coal will be found to be as good lor steam purposes as any coal in New Zealand.

The live seal is now on exhibition at the old Market Place.

The shipwrights will hold their usual fortnightly meeting at the Temperance Hall, Albert-street, on Monday evening next.

The Pioneer Lodge held an open lodge meeting last eVeningt in the Albert-street Temperance Hall. Speeches were given by Messrs. Edger, Wilkes, Cass, and Hemus. Several ballads and recitations were given by the juvenile portion of the audience, and the evening passed pleasantly.

The Prince of Wales Theatre was very well attended last night, and the leading piece—a burlesque—was received with acclamations by the audience. The singers and actors acquitted themselves well. A full band, under the leadership of Mr De Lias, played with great precision the overture to " Masaniello." To-night the "Octoroon" will be presented.

The changes of two years in New York city are thus referred to by the Tribune ; — " It is only two years since then, and what a change has come over the aspect of the City Hall! The great alliance of Tammany which was to stand! against all assaults waa dissolved in a single morning. Of the leaders on one side, the chief is serving a disgraceful . imprisonment, a broken and melancholy old man, and it would seem that as if all the rest who are not in jail are clamouring for the privilege of betraying their accomplices. Of the leaders on the other side one is dead, shot by his. rival in a scandalous amour, and his partner has been driven out of the marble palace where the freebooters used to meet to count their gains and amuse themselves with lavish banquets and the pink-legged ballet. The judges who took pay from both the rings and served them both with unblushing fidelity are gone. The painted women whom these roaring and vulgar rascals lifted into notoriety; have carried their charms to other lands. With perhaps an insignificant exception here and there not one of the men who held New York in slavery two years ago can walk Broadway with : head erect to-daj.

The SontJdand News says that ths "inexorable logic of facts" is rapidly weaning a large number of people in Otago from their belief in the sincerity of Macandrew's professions of an ardent desire to settle people on the land. They have seen of late slice after slice of agricultural country—thrown open ostensibly for Bale to bona fide settlers—taken up by capitalists for sheep and cattle runs ; they have also observed that in more than one instance land ee,t apart for sale on deferred payment has been of very inferior quality, and in fine they have been compelled to the conclusion that, in speaking fair to the public, the Government has been acting in the interests of the land monopolists.

The members of -the Naval Brigade mustered last evening in the Drill-shed under command of Capt Leltoy and Lieut Bartlett. There were about forty-five men present, and they were put through their rifle drill and cutlass exercise in a very creditable manner. At the close Capt. Leßoy addressed some words of encouragement to the members present on the necessity of constant attention at drill. The monthly inspection of the Brigade will take place on Friday, April 24.

Owing to the intense excitement created among the members of the Colonists* Protection League in consequence of the Franklin election, in which several prominent members are engaged, the meeting previously announced for yesterday was not held. Upon going into the room only two reporters were in waiting—the one engaged in reading " Maria Monk," and the other in the corner of the room wrapt in slumber deep.

Lunatics seem to have been disturbing the peaceful tenor of life at Taranaki. At a recent sitting of the Provincial Council of I that province the Speaker said the expenses of the Lunatic Asylum for the past year were £122 Is. B|d. ;'■■ those of the hospital £145 10s. Lunatics had sadly increased of late. They now had three legal lunatics, and two whose cases had not been adjudicated, and they were threatened with two more. ~ One of the lunatics was dangerous to face ,single-handed,, and there was the possibility of £50 extra being needed to pay for an extra warder to manage lam, ,■ •

Our Napier correspondent writes : —" The Volunteers (Rifles) learning, as I intimated to you by telegraph, that the Government intended disbanding them, thought it would be more to their honor to resign in. a body before the notice was gazetted, and accordingly on Thursday evening they marched up to the barracks, and handed over their arms and accoutrements to the officer in charge. The Artillery Corps, it is reported, will take the same step to-morrow evening. This corps complain that their officers did not receive fair treatment at the hands of Major Gordon, and, as in consequence, the officers purpose sending in their resignations to the Governor, the men intend to follow thenofficers' example."

The unfortunate girl Minnie Garlick has mercifully been acquitted of the charge tf murdering her infant, but found guilty fof concealment of birth, and for the latter offence was sentenced to nine months imprisonment. We regard her .acquittal of the niore serious charge with satisfaction, as there was no direct evidence to shew that she really committed the crime, and as the child might have been injured in the birth-struggle, or accidentally suffocated by the unhappy mother in trying to stifle its cries with the blanket which she folded around ib. It was fortunate for the prisoner that Mr Joy -was retained for the defence, and as he stated that doctors sometimes disagree, as Drs. Goldsbro' and Nicholson varied in opinion in some material points. Mr Joy took up the poor girl's case with his wonted zeal and earnestness, and which is highly creditable to the profession to which he belongs. He will, therefore, have the satisfaction of feeling that by his eloquent and judicious pleading, in conjunction with his Honor's timely questions and remarks, his client has been dealt with so leniently. His Honor in summing up paid a high compliment to Mr Joy for the carefulness and ability which he displayed in conducting the defence.

We notice that a rehearsal for Mrs Mitchell's concert is called for Monday evening next in the Choral Hall, at which the ladies and gentlemen about to take part are requested to be present. Mrs Mitchell will, we understand, be assisted by members of the Choral Society and the principal talent of our city. The programme will be of a somewhat unusual character, most of the pieces being entirely new tor an Auckland audience; including the celebrated war chorus, "Come if you dare" (King Arthur), with full band accompaniment;: Jackson's prize glee, " The Sisters of the Sea" (England, Ireland and Scotland) ; and a most delicious pieca of partsong writing by Hatton, " Ah, could I with fancy stray," the words and music of which at once suggest, as is intended, the desire we all possess of seeing our native land once more. The solos also are most choice and varied ; in fact the whole concert, under Mrs Mitchell's management, and with Mr Brown as conductor, cannot fail to be a

success

An assignment of assisted, eligible, and very interesting immigrants lately arrived at Ahaura. One of Ashton and Cassidy's four-wheeled " vessels," chartered especially for the occasion, disembarked a full cargo of rather good-looking young ladies, who were "assisted" from Australia for special settlement at Half-Ounce. It is feared that these fair and desolate wanderers in a strange land will Joe the means of necessitating the inkling commissions de lunatico inqidrendo among some of the lucky and plucky miners of Half-Ounce and Duffer Creeks.

Religions services will be held to-morrow (Sunday) at Newton Kirk by Rev Dr Wallis morning, " How to increase in the knowledge of God ;" evening, "Is every one safe and sure to reach Heaven now-a-days ?" City Hall: by Rev Warlow Davies, M. A. — morning, " The wheels of Providence ;" evening, "Deathbed repentance." Lornestreet Hall : by Samuel Edger, B.A.—morning, "The essence of Christianity in love;" evening, "The Cave of Adullam and the Adullainites." United Free Methodist Church: sermons morning and evening by Rev G. H. Turner. Cook-street Christians' Meeting: services as usual. Pitt-street Wesleyan Church- —morning, Rev. J. Warren; evening—Rev. A. Reid. We would remind our readers, who are members of the Church of England, that tomorrotv is the day appointed for collections in aid of the. Home Mission Fund. We trust that the claims of our fellow colonists in the out districts upon our sympathy and support will be liberally responded to by our citizens who enjoy what settlei's in the country frequently lack—regular church service and the ministrations of, resident clergymen. An agent from the TJriwera Country, in Hawke's Bay, has.recently left for England to buy on commission stock of pure breeding, to be forwarded to New Zealand. Mr Jocke, the gentleman leaving, will buy from any pure bred stock in England, and ship to the colonies at his own risk.

The following letter relative to the case, Ponsonby Trustees v. S. Jones, heaid 'at the Resident Magistrate's Court yesterday, demands attention and inquiry : Sir,— It appears from your report of this case that Mr S. Jones has been sued for 'property owned by and on which I have paid the highway rate to the Ponsonby Board. I bought land from- Mr. Jones adjoining my house anil ground in March, 1573, some four months before the assessment book for the present year was made, and pulled down the dividing fence, so as to throw it into my other property. On' Appealing in due course against the excessive amount, at which the Board had valued my pioperty. about 20; per cent, more than I had just-given for it,' I told the chairman and the members, of the , Board, all*, of whom were present, and the collector was also there, that I was willing to pay on £700 for the Jiouse, and grounds first bought by me, ancVon £50"for the portion of land I had bought from Mr &■ Jones* total £750. They agreed to this, made a note' of it, and on December' 3, 1873, I paid rates on £750, as agreed upon at the appeal day. Mr S. Jones is sued, it would appear, for rates on the above property some four months after I have paid the rates upon it. The,re is something wrong somewhere.—-I am, &'o., A. Boardman. • ,',':' : roft .;,

It would., appear that every difficulty is placed in the way of compelling contractor's to fence and guard dangerous cuttings within the city. 'The case in this day's paper is an instance. Every little technical objection is made use^of, and it is very evident there is some, animus .in- this Quarter. The City, Council are blamed for, :n,ot doing, and when they do endeavour to .make those who are legally responsible, do their duty, the case is shelved by a quibble. . .The Commissioners also ought to enforce' the conditions of contract No. 6 : " The contractor shall keep the streets as clear from obstructions as possible, and comply with the requirements of the Corporation Act, 1867, also watch, guard, light, and effectually, protect the .works so that no accident may happen to the public. And: the contractor shall be answerable for all accidents and pecuniary damages arising therefrom caused by neglecting to take all reasonable precautions both by day and by night to protect the public from "any accidents that might take place by reason of carrying the works} into effect"—yet wd find the magistrate reoommejading that the| case be with .drawn.!.;...- ■'. •,•■■ • . ■ i; . ■. '.." -"V ' " ~' ,