The Daily Southern Cross.

Daily Southern Cross, Volume XXI, Issue 2613, 2 December 1865, Page 4

The Daily Southern Cross.

LITCTO, XOX XTRO " Tt T hive been evtiiiguisltecl, jet theio lisa A thousand beacons fiom tho sptik I boic 1

SATURDAY, DECEMBEB 2.

Tim criminal sessions of the Supreme Court ■were opened yesterday by his Honor, Chief , Justice Sir George A. Arney. lfc was his pleasmg duty to congiatulate the province on the lightness of the calendar ; — it is our equally pleasing duty now to echo his congratulation. The absence of crime in. the province of Auckland at this time, is a noticeable feature in the social progress of the community. Now, if ever almost, one would have expected to have scon a heavy criminal calendar ; but the fact is the reverse. Crime is on the decrease. There may be distress, and no doubt there is a great deal of want in the community which never obtrudes itself upon the public gaze; — there may be, and there are strong temptations to 2rhne, but the population, as a whole, is singularly free from it. There are no serious offences on the calendar ; and tho larceni es are chiefly of tho class termed " petty " in the reports. This is certainly a gratifying fact. It proves that the old settler element of Auckland, recruited lately from so many different sources, is still predominant. Before this war, crime was almost unknown amongst us. During the war, in times of great social turmoil and excitement, crime took rapid strides, and for a session or two appeared to have gained a hold in the community. 'But social order and virtue soon reasserted their influence. Before the sound of battle has entirely died away, and whilst the horrifying incidents that marked the struggle with the natives are still fresh in our recollection, the Chief Justice is able to congratulate the provinces of Auckland on tho great diminution of crime and outrage amongst the white population, and its total absence amongst the Maori people, brought into daily contact with Europeans and European police, so far as the Supreme Court can take cognizance of their acts. Such a state of things, we say, is creditable in tho highest degree to tho people of both races; and we trust we may long have it in our power to bear similar testimony. We will not touch upon the topic which his Honor's observations regarding the improved prison accommodation suggest, although it is exceedingly inviting. Neither shall wo do more than advert to the implied reproof which the Chief Justico administered to those in authority, who havo left the Supreme Court in ignorance of the lows which the judges uro bound to administer, and the peoplo to obey. No doubt the excuse will be the want of printing power, and the removal of the seat of Government to Wellington, where nothing was in readiness to carry on the public busiucssi But these excusea are inadmissible. Great and serious evils may ariso from this cause, which ought not to exist. There is one point, however, to which we may with propriety advert, The Chief Justice remarked, iv passing, on certain rumours of proceedings that had reached him, in connection with tho administration of criminal law within his judicial district, which must, ho said, fill all our minds with tho deepest concern. No doubt his Honor alluded to the trials by courts-martial on the East Coast ; and we do say that, to our mind, nothing that has occurred could justify the Government in setting aside the Supremo Court, and erecting courts-martial to try for their lives the natives accused of tho savage murders at Whakatano and elsewhere. It remained to bo proved

[ that the machinery of tho Supremo Court failed to bring to justice — failed to inflict the punishment Iho law awards to the crime of murder, on conviction,— 'before recourse was had to an arbitrary and unconstitutional tribunal. When wo recollect how recently the sentence of the Supremo Court, with all its solemn surroundings, was sot aside by the selfsame Government who handed over the lives of the inhabitants of au entire district, to be doalt with by a court composed of men engaged in daily conflict with the native race, it may well lead to profound thought in the mind of overy ono who wishes well to the country. It appears to \is that what has been, done is calculated to produce tho worst possible results. Talcing the very lowest view of the case, the proceeding to trial and execution by process of courts-mavtial, and the setting aside of a solemn judicial sentence of tho Supreme Court in the case of natives convicted of murder, under as aggravating circumstances, will be to bring the Supremo Court into contempt amongst the aboriginal tribes, aud lead to infringements of the law, in the belief that they will only have to undergo the idle formality of a trial in the regular courts. If for no other reason than this, we altogether disapprove of the trial, by courts-martial, of natives accused of participating in the murders of certain Europeans on the East Coast,

We were pleased to leavn, from the report of Mr. John Grigg's speech atOtahuhu, ou Thursday evening, that ho has not lost all hope of the province of Auckland. Indeed, his testimony on that head is peculiarly valuable, for in many respects Mr. Grigg is an observant man, and in nothing more so than in forecasting the probabilities of success. Ho has been a settler amongst us for eight yeara, and like all intelligent industrious settlers of Auckland, he has had no reason to complain of his sojourn iv thi3 province. But when the storm-cloud of adversity hung over us, and the stiver lining could only bo descried by a few, Mr. Grigg looked around him for a new location, and naturally enough selected Cantorbury as his future home. We don't complain in the least that he did so. It was but natural. Men do not emigrate to the antipodes to bo engaged in wars and fightings, but to invest their capital and labour in tho peaceful avocations of life. They come hither to enrich themselves ; and wherever thoy can do that in tho greatest security, and with the most celerity, they generally incline to settle. The prospects of Auckland, we admit, for several years past, have not been of that character. Canterbury held out these very inducements ; and Mr. Grigg, with others we could natno, invested in Canterbury lands. That he is about to leave Auckland permanently wo regret ; because lie is a useful and improving settler, and a gentleman of some refinement and education. It is to be hoped, therefore, that he will find the tono of society, and especially the tone of the press of Canterbury, suited to his taste. His parting address at Otahuhu, which gave us a hint to pen this public leave-taking of our respected fellowcolonist, was a Mud of Jeremiad. Ho lamented his owu short-sighteducss in not catching a glimpse of the bright future in store for Auckland, before he had packed up his household gods, and hid them (like Rebecca of old) under the furniture of the tent which ho will pitch on the plains of Canterbury. Ho lamented that " people did not talk long enough together '' in order that they might see the erroneous " views that some of them might entertain." And then he followed with a lament, that this was " peculiarly tho case iv the province of "Auckland," because "the press was not suf- " ficiently careful. The people in tho country " had no opportunity to judge of passing events . " they were not well informed, and very fre- " quently arrived at wrong conclusions. He " hoped the members of the press present " would not consider that he was using strong " language in making that statement. He had " heard the same statement expressed on all " sides and everywhere. It wa3 a thing which " was felt. Tho greatest want of all was a " high-toned press ; \iutil they got that they " could never expect that unity of action and < f co-operation which would make that province " a great colony." We quote tho report ; and iv spite of its ambiguity, which is the prevailing " idea " in all Mr. Grigg says in public, we think we can guess at his meaning. It is a precious gem, lost in a dark setting of verbiage. Mr. Grigg complains that tho Auckland newspapers do not report gentlemen with sufficient accuracy and at such length as may enable country readers to come to right conciusiona. That, we believe, is what he means; it is not, however, what he says. Now, we have simply this to say in reply, that the newspapers of Auckland, one and all, devote more space, and employ more professional ability and money to produce impartial reports than the newspapers of any other town in the colony. We go a little further, and tell Mr. Grigg that although ho has complained of misreporting before now, of all men who took a prominent part in public affairs in Auckland, he has most to be grateful for to the reporters. A literal report of ono of hia ordinary speeches would simply be beyond all understanding. We say thUt advisedly, and not with any wish or intention to be offensive 5 and wo appeal to hundreds of our fellow- settlers who havo listened to the endless repetition, betraying the paucity of thought, which was the striking feature of Mr. John Grigg's oratorical efforts. With regard to tho " tono" of the Auckland press, it is simply a matter of opinion. It may not suit Mr. Grigg's nicely cultivated taste. But after all there is not much in that. A great deal depends on habit and association. In fact there is no universal code to which a censor can appeal $ and, therefore, we take it that in the case of Mr. Grigg he has set up himself as the great exemplar. This is a common failing with men of a certain order of mind ; and were it not that it sometimes becomes offensive, and is most usually exhibited when there is least occasion, it would simply bo ridiculous. Tho remarks of Mr. John Grigg at Otahuhu, so far as they aro intelligible in their application to the press of Auckland, were absolutely unnecessary and consciously offensive, as that gentleman's rather lame apology to the reporters ia sufficient to show. However, we will just say, in parting, that we trust Mr. Gri^g may not go farther and faro worse, for thoy havo an uncommonly summary mode of dealing with such subjects in tho Canterbury press.

Wo have to acknowledge the receipt of the thirty, fourth number of the Soutficrn Monthly Magazine from the publishers, Messis Upton and Go. There is nothing of special interest to note iv the number before v«. The great bulk of the magazine is takeu up with tales of fiction and selected poetry. That

' part of the monthly narrative, whioh referi to the progress of events in New Zealand, would bo valuable were i 6 brought up to (U(e, and elaborated a little more. On the whole, we think the Southern MonOdy hfalling-offin vigour. There is a rich mine to be worked by any one who really sets about the tank of making a New Zealand Magazine, in the true seme of the term ; but the promoters of such a publication must go upon an entirely different principle than that which has guided the conductors of the serial publication now uuder review, and of its short-lived predecessor. So long as the cheap-priced P!ngli»h magazine* can bo procured here every month, a weak imitation of these won't succeed iv the colony. There is room and scope enough for a New Zealand magaziuo, as we have said ; — but a New Zealand magazine lms yet to bo established. We would advise the conductors of the Southern Monthly, therefore, to take advantage of their position, and set .tbout cultivating the fallow ground of New Zealand literature. The declaration of the poll for the election of four members in the Provincial Council for the electoral district of Franklyn was made at noon yesterday, by Capjb. J. J. Symonds,Eeturning Officer, at the principal polling-place, Otahuhu, whon the fiual state of the poll was announced to bo as follows :— Captain Eraser, 3G2 ; Messrs. R. Graham, 214 ; A. Martin, 188; E. JUacleau, 177; T. S. George, 174; W. Goodfellow, 2 The four first named wero consequently declared duly elected. C.iptain Fraset and Messis. Martin and Maelean returned thanks in suitable terms for the honour conferred upon them, and the proceedings terminated. By a letter from Eaglan, dated the 28th instant, we learn that the Civil Commissioner (Mr. Mackay) had arrived at Eaglan, and purposed proceeding on to the district of Kawhia. We shall be anxious till we hear of his safe return to civilized regions. Amongst the auction sales aunouueed for an early date is that of the well-known and valuable fi eehold pioperty on the Karangahape Road, lately in the occupation of Lieutenant - General Sir Dunoan Cameron. This i* without doubt one of the most desirable investments that have been offered to the public for many months past ; and it is now being brought to the hammer by order of the mortgagee. The mansion commands a most extensive view of the city and harbour, and possesses this advantage, that the prospect cannot be obstructed. The house is in excellent repair, and. fit for the immediate leception of a, gentleman's family. The garden is extensive aud well laid out, no expense haviug been spared on its improvement and cultivation by its late occupant. For the convenience of purchasei s, the estate has been subdivided into fifteen building lots ; but for a. family residence it would cci tainly be preferable to preserve it entire. However, we suppose this will altogether depend upon ciicumslauce*. The city is rapidly extending in that quaiter ; and all, or nearly all, the available sites, having liaibour views, have been cut up and disposed of ; so that this is in reality the last opportunity that will preient itself to acquire building sites in that neighbourhood. Mr. Isaacs announces the sale for Tuesday, the 12th instant, on terms which will be found stated in the advertisement. The December criminal session* of the Supreme Court were commenced at 11 o'clock yesterday, before his Honor Sir G. A. Arney, Kt. There were 26 prisonoii for trial. His Honor delivered * lengthened addi ess to the Grand Jury, in which he congratulated them on the decrease of crime and referred to the important improvements which have taken place in respect to prison accommodation. He also directed their attention to some of the more serious cases of crime on the calendar. The Court afterwards disposed of several caies. Henry Warnicky, a soldier, was convicted of stealing a gold watch and chain, and sentenoed to six calendar months' impiisonment with hard labour. A jeweller, named James Mitchell, pleaded guilty to an indictment, charging him witli having stolen a quantity of jewellery valued at £26, from Mr. Lewhson's, Quaenstreet, aud was sentenced to two years' imprisonment, with hard labour, A married womau, named Ellen Atbwell, for stealing a silver watch, received eight calendar months' imprisonment, and hard labour. Homy Mcfihaghy, * farm labourer, was convicted of stealing £11 from a servant man living in the same house with him at Waiulcu, and sentenced to undergo 12 calendar months' imprisonment, with hard labour. A soldier, named John Lynch, was ordered to be imprisoned to be imprisoned six months and kept to hard. labour for stpaling a silver watch, valued at £1 10a. Chailes F. Ballard, a soldier, was acquitted on a charge of stealing a horse at Neivinarkot. The Couit was adjourned until 10 o'clook on Monday. The official trial trip of the new ferry steamer 'Enterprise,' which has been postponed iv consequenoe of the unfavourable state of the weather of the past few days, will take place to-day, in the presence of Captain Johnston and Mr. Aylmer, Marine Board Surveyors. We publish in auother column the evidence taken at the inquest on the body of George Dare, the man killed at the affray at Syrus's hotel, Waiwera. It will be seen that none of the witnesses state that they could identify the mau who struck the blow. We hear that the matter is not allowed to rest as it is, but that a further investigation will be made into the ciicumstauces of this painful occurrence. We have been much pleased by inspecting the pictmes of the celebrated race-horses Dainty Ariel, St. Pafciick, and Top3y, now exhibiting at the shop of Messrs. Wayte aud Batger, Queen-street, previous to their transmission to England iv the ship ' Siam.' They are pnintud by Mr. I. C. Sextie, of this city, expresbly for A. H. Toulmin, Esq , 65th Regiment, and cannot fail to be highly appreciated by that gentleman, not only as faithful portraits of the auiraals, but as works of ait. The3e paintings are supeiior to anything of the kind wo have seen iv the colonies, and must create a favourable impression of our advancement iv the old countiy. We .would advise ail early inspection, and venture to predict a jnosperous future for the talentod artist, who, we perceive, is open to fresh engagements. The cricket match which should have been played ou Wednesday between the United and West End Club will come off to-day on the Domain ground, wickets to be pitched at ten. The respective elevens are— United : Lankham, Russell, Grut, Wheatley, Pitcaiin, C. Outhwaite, W. Outhwaite, Hall, Watt, Barnaul, Brown. West End : Alpe, Mumford, Gatland, Clements, Tissiman, Moore, Day, W, Scotter, Flocktou, Moss, Grant. The fiist half-yearly meeting 'of Land Society No. 2, 1.0.0.F..M.U., was held last evening, in the Odd Fellows' Hall, to receive the report aud to elect committee-men. The balance sheet, whioh will be found elsewhere, shows the society to be in a veiy satisfactory condition, aud to have made great progiess since its establishment ou tho 15th of April • last. Wo dare say many of our readers will be glad to hear that notices have been given by the Inspector of Kuisauces regarding several of the most glaring nuisances in town. Wo may say that the huge blocks iv O'Connell-street which, after bearing with patiently all winter, we were the other day driven to complain of, have been removed. We wish the worthy Inspector all success in his proceedingi. The charge of being in possession of distilling apparatus at Papatoitoi wai called at the Police-court yesterday, but the parties accused — McLeod and Daly— did not appear. At the Supreme Court yesterday, there were four coses on the calendar which had to be abandoned, in consequence of tho non-appearance of tho witnesses, who were bound in their own recognizances to attend aud prosecute— namely, George White, James Butterworth, Edward Hayter, and Robert Leary. His Honor directed the Crown Prosecutor to see that the bail in each case was forfeited. It too frequently occurred that persons treated suoh a matter lightly, and not as an obligation, because they had never been made to feel it. Owiug to their neglect, there was no other course for the Court to adopt than to let the cases fall through ; but the bail-must bo forfeited. At the Police-courb yesterday the charge against Alexander Wright — which involves the question as to who ii to remove the earth that has slipped down from the embankment at Albert-street— cams on for trial. Mr. Wynn contended that tho proprietors of the ground were bound to remove the obstruction to the footpath caused by the fall of the bauk, while Mr Gillies maintained thai; the falling of the bunk being no wilful act of the parties, but caused by the mode in which the City Board had cut it down, the defeudant was not liable. His Worship took time to consider his decision. A pony race, for £25 a side, took place yesterday, on the race-course at Potter's Barn, between Mr. * Patrick Coyle'i pony, Taihoa, and Mr. T. A. Lincoln's pony, Lion. The distance was one and a-half uiile3, Lion winning by about n. head. We have been informed that the total turn received at the doors on the holding of the soirfie, at the open* ins of the Otahuhu Public Hall, amounted to £45. This amount ie, of course, independent of tho amount received for tickets soldjprior to the loirfo

At the Supreme Court yesterday, the grand jury having come into Court with the last of the bills, j,,, Honor said he understood that several of the panel J ur y had been summoned to attend several sncc«d' u g »es«ons. In future they would bo summoned for two sessions, and uot for the third. He hoped the grand juiors weuM give their attendance ff ],en summoned, Au exhibition of sceues of the war in America, jn a photographic views of Japan, &c,, will be given by Jlr. Davis, in the Mechanics' lustitute, on Monj a y evening next. A lecture upon " Literal y Association* : their intellectual and social influence upou society," will bo ntcn at the Mechanics' Institute, on Thursday next. §y Mr. P. G.Myers. JiJcsdm. Hidings and Dowdeu will, sell to-day a qg r ,t class walnut piano, by Bateuiau, Loudon ; also, tno sewing-machiues. Jlessr*. Hunter and Co. announce that they will oftrr for sale, to-day, heavy diaught hoises, harness, the tte^plechaso hoise Lion, several new drays, loads o f ]ny and straw, and doublo-biakc. Jfewis. Hum's and Turner advertise that they will sell, to day, sugar, bacon, hams, &c, biandy, and other spirits. Jle.sis. C. Stichbury and Son will sell to-day groceries, provisious, white lead, paint oil, papering cinvas, paper hangings, potatoes, furniture, &c. J[r. Alfred Buckland advertises that he will iell to-day Alexander's faim, near Drury ; SI acres bush, near Otahuhu ; corner allotment, at Newuiarket; farm, of 63 acres, at Mahuraugi ; also hoises, 111,1170, AC. Mr. George Sihbin will offer for sale to-day 36,000 feet marketable timber, in lots to suit putchascis. Messrs. Jones and Co. will bold a sale to day of l^ef, pork, potatoes, cheese, groceries, wines and spirits, furniture, pictuies ; also balance of goods from Mr. Wrigley's sale : oats, mai/e, flour, hollow* ware and, tinware, canaries, and a new and veiy handsome boat, with outriggers and sculls. Tlif Prince of Wales Theatie was closed last evenjug, 'Q order to permit a night rehearsal of the last scene of "Aladdin," which will be produced tonight in a style of grandeur said to have been hitherto unequalled in Auckland.