The Daily Southern Cross.

Daily Southern Cross, Volume XXII, Issue 2867, 3 October 1866, Page 4

The Daily Southern Cross.

LITOEO, NON UEO. " It I hate been extinguished, y«t there riio A. thouiand beacon* from th» ipuk I boro."

WEDNESDAY, OCTOBER 3.

It was the oppression of an obscure person which gave birth to the famous Habeas Corpus Act; and the conviction and imprisonment of John Priestly, and his subsequent application to the Supreme Court, under the Habeas Corpus Act, has been the occasion of some curious disclosures as to the present state of the law under the Native Circuit Courts Acts. We take it for granted that our readers are fully acquainted with the facts of John Priestly^ case, as those facts are fully detailed in the arguments of counsel which we have already published. Although the prisoner, John Priestly, himself, is not entitled to the smallest sympathy, yet the circumstances of his case deserve serious oonsideration. For we think that this man has been unjustly sentenced, and illegally imprisoned, or at least that he has been tried convicted, and sentenced by a tribunal the constitution of which is diametrically opposed to the grand principles of English jurisprudence, and the abolition of which is a thing to be earnestly desired. If John Priestly has been illegally sentenced and imprisoned, he ought to be liberated, criminal though he may be. It can never be permitted that a man shall be unlawfully punished, on the mere ground of his being vile and worthless. His illegal punishment is a grievous injury to the whole public, no matter how depraved and vicious his character and conduct. As in the body mystical, so in the body politic — if one member suffer, all the other members suffer with it. "We propose to make a few remarks on the judgment delivered by Mr. Justice Moore, on Monday last ; and secondly, to expose some of the beauties and peculiarities of the Native Circuit Courts Acts, as those Acts are expounded by Mr. Justice Moore. We think that the judgment of Mr. Justice Moore is a most unsatisfactory one. In the place of grappling boldly with the objections made to the return by Mr. MacCormick (the prisoner's counsel), which were — 1. That the Native Circuit Courts have no jurisdiction over the persons of Europeans ; 2. That the offence of which John Priestly was convicted was one not cognizable by the Native Circuit Court ; and 3. That there were several defects in the form of the warrant of commitment ; — Mr. Justice Moore has eluded them, and positively declined to give any judgment on those points at all. Yet he did not dare to assert positively that John Priestly had no right to apply to the Supreme Court by writ of [ Habeas Corpus. On the contrary, he distinctly affirmed that he had a right to apply to the Supreme Court for his discharge under the Habeas Corpus Act. If so, it was, on his own showing, Mr. Justice Moore's bounden duty to inquire and to determine whether the return to the writ was good in law as well as in fact. How then did he evade the performance of this duty? By a reference to the 12th section of the Native Circuit Courts Act, 1858, which provides that, "No appeal shall lie against any conviction " by the Native Circuit Court, nor shall any " proceeding of suoh Court in its criminal

" jurisdiction be removed into any superior " Court by certiorari or otherwise ; nor shall ♦'any such proceedings be quashed or set " aside, or be adjudged void or insufficient " for want of form." But the proceedings before Mr. Justice Moore were not in the nature of an appeal. It could not be by certiorari, i.e., for the removal of the cause into a superior Court, for the cause was determined, and ended by the conviction and sentence of the prisoner, and the concluding words of the section, " nor shall any such " proceedings be quashed or set aside, or be "adjudged void or insufficient for want of " form," would seem to indicate that there is a proceeding, by which a proceeding of the Native Circuit Courts may be quashed, or set aside for defeot in substance, though not for want of form. The rights of the subject to a full inquiry into the causes for, and the authority by, which he may happen to be imprisoned, can only be abrogated by a suspension of the Act of Habeas Corpus, and that Act can itself be suspended only by an express Act of Parliament passed for the purpose We should have thought that it would defy mortal ingenuity to find \ in the 12th section of the Native Circuit Courts Act, 1858, any words express enough, cogent enough, to repeal that second " Magna " Charta of our rights f but Mr. Justice Moore thinks differently. In his eagerness to find a loophole by which he might avoid the responsibility of deciding on the points raispd by Mr. MacCormick, he has strained at a gnat and swallowed a camel. Had Mr. Justice Moore, instead of shirking the consideration of them, duly decided on the force of the arguments for Priestly, and, after all, sent that wretched man back to the gaol from which he came, we must have accepted the Judge's decision as an exposition of the state of the law. But Mr. Justice Moore, oppressed apparently with a dread of responsibility, did not adopt that course j and his not having done so will greatly tend, we fear, to shake the confidence of the public in the administration of justice. For it is not sufficient to the pure and impartial interpretation of the law that questions of private right and wrong are justly decided, nor that judges are superior to the vileness of pecuniary corruption. Jeffreys was, in matters between man and man, an upright judge. A court of justice may be subject to another sort of bias more important and pernicious, as it reaches beyond the interest of individuals, and affects the whole community. A Judge under the influence of a Government, or overwhelmed by a dread of responsibility, may be honest enough in the decision of private causes,- and yet a traitor to the public. And this is particularly likely to be the case in a country ruled, as this is, by a G-overnor who is only a Governor in name; by an effete and useless Legislative Council; and by a venal House of Representatives. This danger is much co be dreaded in a country like this, in which the interests of one province, or of a powerful combination of provinces, are often diametrically opposed to the interests of another province. If Mr. Justice Moore's judgment be correct, it follows that a European, who has been convicted in Auckland, in the Supreme Court, for burglary, befoi^e that learned Judge himself, by a jury composed of his fellow settlers, and after having had the assistance of counsel, may, if there be a doubt as to the legality of his conviotion, move in arrest of judgment, or have reoourse to the Court of Appeal by a writ of error, and so obtain justioe. But, if he were tried before a Magistrate (who might, or might not, be wholly ignorant of the law of J burglary), by a jury of three Maoris, and convicted by the votes of two of them, on the evidence, it may be, of native witnesses only, of an offence which, upon the evidence adduced, might not in law amount to burglary, or indeed to any criminal offence at all, he would have no redress. If he applied by writ of Habeas Corpus, the mere production, I on the return of that writ, of a warrant, signed by some pet of the Ministry of the day, empowered to write after his name the magic words "Resident Magistrate, Native Cir- " cuit Court," would preclude a Judge of the Supreme Court from inquiring into the legality or illegality of his imprisonment. Such is Mr. Justice Moore's doctrine. We cannot believe that this is the law of the i land. If it is, the sooner it is amended the ! better.

The Compensation Court resumed its sittings yes« terday, and a fair amount of business was got through. The following claims \iere settled :—: — William Hunter, former award £140, reduced to £105 ; Mrs. George, £107, disallowed ; William Selby, £237 10s. to £206 10s. ; J. Ritchie, £61 to £36 ; William Wall, £296 to £141 ; William Meatyard, £18 7s. Bd., no alteration. The claim of Mrs. George was found to be utterly untenable, and the evidence of herself and son in no way bore out their statements on the former occasion. It was proved, beyond doubt, that the farm had been as beneficially occupied as it possibly could be during the war. In the obituary notices in yesterday's impression tho name of George Clark, boatman, erroneously appeared. We have since been informed by the person who authorised its insertion that he did so from hearsay. The first quarterly meeting of the Auckland Cooperative Society took place last evening, at seven o'olock, at the society's store, Mr. Gilchrist in the chair. Most of the members of the society were present. A very satisfactory report and balance-sheet were submitted by the secretary, Mr. Brans ton, and approved of. It was stated that arrangements had been made with an Auckland baker for the supply of bread daily to the members, at 4£d. i>er 21b. loaf. The proceedings then terminated with a vote of thanks to the chairman and secretary. We regret that an advertisement appeared in our paper yesterday, under the head of "Sale of debt," which is calculated to give unnecessary pain to Mr. Donchaisse, whose name appears in it. The publication was made under a misapprehension of facts. An inquest was held yesterday on the body of the native boy found on Sunday last at Cox's Creek. The witnesses examined were the boy who first saw the body, Mr. John Geddes, and Sergeant Jervis, of the water police. The jury returned a verdict, " That deceased had been found dead without marks of violence." None of the natives who have seen the body have been able to identify it, but information has been sent to Riverhead and to the North Shore. The natives at Orakei were anxious that the body should be given up to them for interment in the burying-ground near that settlement; and Mr. Mackay, Civil Commissioner, advised that it should be handed over to them, as in the event of the relatives being discovered they are quite certain to insist upon removing the bones to their own place. The disin torment would T>e more easily effected from Orakei than from the cemetery at Symonds atreet. The anniversary soirge and public meeting of the members and friends of the Baptist Chapel, Welles-ley-street, was held last evening, and passed off successfully. Thera were about 300 persons present. The Rev. Mr. Cornford, pastor of the congregation, presided. The annual report was submitted by Mr. P. Hera'path, and approved of, after which several ministers addressed the meeting. A number of beautiful anthems were effectively rendered by the choir of the chapel, accompanied by Mr. Oughton on the harmonium. The proceedings terminated shortly before tea o'clook.

The s.s. 'Egmont,' which left the Manukau for the South yesterday, took passengers for, Panama per H.s. Kaikoura, from Wellington. The head-quarters of H.M. 50th Regiment, com. prising four companies, embark early this morning for Sydney, in the s.g. * Auckland,' which leaves the wharf at ten o'clock, carrying the English mail, via Suez. Cricket: H.M. s. «Eik' v. H.M. s. « Falcon.' The return match between the above olubs will be played in the Domain to-day. Wickets to be pitohed at 11 a.m. sharp, ''■ An entertainment, comprising dialogues by youths, recitations, readings, songs, aud musio, was given on Monday evening last, in the Wesleyan Chapel, Hobson-street, in connection with the Freeman's Bay Band of Hope and Total Abstainers' Association. Admission was by ticket. The proceedings were of a lively and instructive character throughout, and did credit to the youths who had prepared for the occasion. A quarter to 10 o'clock brought the meeting to a close, every one apparently feeling that they had realised the purpose of coming together, viz., a profitable entertainment. At the request of many persons present, it was decided by the com* mittee that the entertainment should be repeated, with some variation, on Monday evening next, at the City Mission school-room; the entrance fee, of Is., and children half-price, to be given to that institution, Our Harapipi correspondent notio.es the departure from that settlement of a gold-prospecting party, to explore the Pirongia ranges. The quarterly meeting of the. members of the Hope of Auckland Tent, Independent Order of Reohabites, was held on Monday evening last, in the School-room, Edwardes>street. The balancesheet for the quarter ending September 25th ult., and the auditor's report thereon, were received and adopted. The assets of the society showed an available net balance, for tick and funeral gifts, of £220. The health of the members generally was reported to be very good, aud during the last quarter only £2 6s. 9d. was paid for sick allowances. Two new candidates for membership of the Order were proposed, and the following brethren were elected the office-bearers for the ensuing six months, viz., Brother Le Roy, C.R. ; Brother Tanner, D.R. j Brother Osmund Lewis, secretary ; Brother Paine, C.S.; Brother Mo Roberts, 8.5.; Brother Cromarty, Levite ; and Brother G. Partington, Guardian. Owing to the whole of the business not having been oompleted, the meeting was adjourned until Monday evening, the 15th inst. An old settler, named Heath, fell off the wharf yesterday, near the watermen's house, but was speedily rescued by the watermen who observed the accident. The other day we were shown a very fine specimen of the avooet, which was shot at the Washdyke Lagoon by Mr, D'Oyly. We believe that the avocet in New Zealand is the rare avis of the colony; and as some of our readers may not have seen one of these birds, we give a short description below, from a good authority. "The bird," says the writer, "whose great singularity is in the form of its bill, is aquatic, the shores of the oceaa and the banks of the estuaries being its favourite haunts. On the shores of the Caspian and the salt lakes of Tartary they are abundant; they are widely distributed through the temperate climates of Europe, and on the south-eastern coast of England they are occasionally found. The avooet is about eighteen inches in length, very ereot, and has legs unusually long for its size. The bill, which is three inches and a half in length, turns up like a hook, in an opposite direction to that of the hawk or parrot, and is flat, thin, sharp, and flexible. The plumage is black and white, tail consisting of twelve white feathers : the legs are of a fine blue colour, naked, and well calculated for wading ; the feet are pal mated, but not so much adapted for wading as supporting the bird upon the mud. It feeds on worm?, &c. , which it scoops out of the mud with its bill." — [Nelson paper.] A woman named Catherine Burke was charged at the Polioe Court, yesterday, with having received into her possession some military clothing, in contravention of the Mutiny Act. She was tiued £3, in addition to treble the value of the articles, A person named John Hudson was reported yesterday, at the Police-office, as having been missing from his home sinoe six o'clook last Saturday morning. He is described as follows : — Age, 41 ; height, five feet seven inches ; complexion, fair ; hair, dark ; brown whiskers ; and was dressed in a blue serge ooat and vest, dark trousers, and blaok hat. The usual monthly meeting of the Papakura Association will take plaoe this afternoon, at the Papakura Hotel, immediately after the cattle sale. The following exhibits have been forwarded by the Nelson Commission to Melbourne, for the forthooming Victorian Exhibition. Other articles are in preparation, and will be sent by an early opportunity ; — Pillar of coal, being a section of the sixteen-feet seam at Mount Rochfort, Buller River, on West Coast of Middle Island : exhibited by Provincial Government. Samples of coal from Enner Glynn, Wangapeka, and Mokihinui : exhibited by Mr. J. Webb. Sample of coal, from Pakawau ; lead ore, from Wangapeka : exhibited by Dr. Irvine. Samples of coal from River Grey, West Coast : exhibited by Messrs. N. Edwards and Co. Plumbago, from Pakawau — two qualities, one for pencils, the other for stove polish ; iron sand, from Wangapeka j two samples of crude petroleum, from Taranaki ; chrome iron, from Dun Mountain, and chrome colours, prepared by Mr J. W. Tatton ; pair of ground parrots, and pair of huius ; samples of various fibres, adapted for paper-making, prepared by Mr. Luke Nattrass ; two samples of silk, grown by Miss Gapper, Richmond : exhibited by Committee of Nelson Institute, Cheese: made and exhibited by Mr. Jacob Batey, Appleby. Nest of Maori kits, made of New Zealand flax : exhibited by T. H, Barlow, Esq. Sample of hops, grown in Nelson, 1866 ; sample of malt ; hogshead of XXX ale, brewed in Nelson from above hops and malt ; cask of bottled ale ; cask of bottled porter ; photograph of Messrs. Hooper, Dodson, and Aitken's hop-ground : exhibited by Messrs. Hooper, Dodson, and Aitken. Sample of hops ; sample of malt ; hogshead of ale, from above hops and malt : brewed and exhibited by Messrs. Harley and Sons. Cask of ale : brewed and exhibited by Mr. T. Field. Bottled cider : made and exhibited by Mr. T. Martin. Samples of leather : manufactured and exhibited by Messrs. Gowland and Sedgwick. Samples of Tweed cloth, manufactured by Mr. Webley: exhibited by Mr. J. Webb. Piece of Cook Straits submarine telegraph cable ; map of provinces of Nelson and Marlborough; "New Zealand Stud Book," volumes 1., 11. : compiled, printed, and exhibited by Mr. Elliott, Secretary of Nelson Turf Club . Two cases of photographic views of scenery of Nelson and neighbourhood : exhibited by the artist, Mr. A. Fletcher. Oil-painting of woodland scenery at Taranaki: painted and exhibited by Mr. E. Harris. Water-colour paintings : — A Calm, view on West Coast of Middle Island, Mount Cook in distance ; A Storm, view of range behind the Dun Mountain, near Nelson : drawn and exhibited by Mr. J. Gully. New Zealand Upland Bush ; New Zealand Forest of the Lowland ; Waikanae Beach, West Coast, North Island, New Zealand ; Tata Islands, Massacre Bay (coast scene with war canoe) : drawn and exhibited by Mr. F. Nairn. Gorge of the Waimangaroha, River Buller, with coal measures ; Coalbrook Dale, River Buller, out-crop of the sixteen-feet seam of coal, drawn by Hon. J. C.Richmond; back of Mount Rochfort, River Buller ; Mount Rochfort, Buller coal-field ; Cape Foulwind, West Coast, drawn by Mr. Gully : exhibited by Provincial Government. A burlesque entertainment will be given this evening, by the Newton Temperance Society, when the Trial of Sir Timothy Traffic v. Public Good will be proceeded with at seven o'clock. The very successful amateur concert recently given in the Brunswick Hall, in aid of the funds of the Orphan Home, was repeated at the same place last j evening on behalf of the Auckland Ladies' Benevolent Society. There was a large attendance, and the programme, which was slightly vaiied on the occasion, was gone through with the success which attended the former concert. The election of officers for the ensuing six months of the Court City, of Auckland, 3,978, of the Ancient Order of Foresters, took place on Monday last, when the following officers were appointed : — Chief Ranger, Brother W. H. Napper ; Sub-chief Ranger, Brother G. L. Rorison ; Treasurer, Brother Dr. Pierce; Secretary, Brother A. Myers ; Sub-secretary, Brother Talbot ; Senior Woodward, Brother Garrick ; Junior Woodward, Brother Go ven ; Senior Beadle, Brother Cohen ; Junior Beadle, Brother R. Strong, jun.; Trustees, Brethren Alexander, W. H. Napper, and J. Sceats. The usual monthly meeting of the Surveyors' Association of this province will be held this evening, at 7 o'clock, at the Belfast Hotel. Messrs. Jones and Co. announce that they will sell by public auction to-day, at 11 o'clock, at the Brunswick Buildings, teas, sugars, tobacco, groceries, oilmen's stores, 4c.

Messrs. Turrell and Tonka advertise tbat they will hold to-day a sale of seasonable drapery, hats, &c, at 11 o'clock, at their mart, Messrs. Eidings and Perston will sell by public auction to-day, at 11 o'clock, at their mart, drapery, boots, beef, flour, furniture, &c Messrs. Hunter and Co. -will hold their usual monthly sale to-day »t Papakura, when they will offer fat and store cattle, cows, sheep, horses, pigs, &c. Mr. Alfred Buckland will sell by public auction, «,t the Papakura saleyards, grown ateera and other oattla, Ac, ___________