AUSTRALIAN NEWS.

Evening Star, Volume VII, Issue 1966, 24 August 1869, Page 2

AUSTRALIAN NEWS.

The prosecution of John Kenealy, the released Fenian prisoner, for to this contrary to the provision of the Influx of Criminals Prevention Act, took place at the City Police Court, on the 10th inst. Mr Ireland, Q.C., and Mr Adamson, were for the Crown ; and Professor Hearn and Mr Aspinwali for the defence. The counsel for the prosecution stated, at the outset of the case, that the Executive in causing this prosecution simply wished, as a matter of duty, to carry out the law, so that it might not be said hereafter that they had favored any one individual. Every facility would be given to the defendant, if the prosecution was sustained, for his leaving the colony, or his having the question tested before the Supreme Court. The prime facie evidence of the prisoner’s having been found guilty of a transportable offence, within the meaning of the first section of the act, consisted of his own admissions to the police, and the documents he had produced to them. As to the effect of the Queen’s pardon, Mr Ireland contended that it did not remove the disability created by the the statute, but only removed the punishment awarded by the sentence ; and a pardon placed the prisoner, so far as the act was concerned, on the same footing as one who had served the full term of his imprisonment. For the defence, it was contended that the Crown should show that the defendant was not lawfully resident in the colony at the time the act was passed, for then the act would not apply to him ; but the Bench held that the proof of the negative lay with the defendant; also, on another point—that it was for him to show that he was not found guilty of a transportable felony, since more than prima facie evidence on both points had been adduced by the Crown. Professor Hearn, in an argument of considerable length, contended that the act was now in operation ; that, if in operation, it did not create the offence the defendant was charged with, and, that if it did create such an offence, it did not apply to the prisoner, for the free pardon wiped out all the consequences of the offence he was originally charged with. The Bench convicted the defendant, and required him to enter into bail to leave the colony in seven days. Preliminary steps were then taken for having the opinion of the Supreme Court obtained upon the case. At the last meeting of the Council of the Victorian Acclimatisation Society, an interesting letter from Sir Robert Officer, of Hobart Town, was read, in which he announces to the Council for the month of September a large supply of trout ova. He goes on to say ; —Your Council will be pleased to learn that the few pairs of salmon trout which we detained in a separate pond, when the great body of them were set at large marly two years ago, have spawned this season, and furnished us with a considerable number of ova, from which, I trust, an almost equal number of young fish will soon be forthcoming. We consider this a great, if not a unique achievement in the history of pisciculture, for the salmo trutta is as much a migratory fish as the salmon solar, and their habits are in all respects similar. Both invariably frequent the saltwater when left fq the guidance of their own instincts ; but we have shown that the sea trout will thrive and breed in a small freshwater pond, excluded from all access to the sea. This fine fish is nearly as valuable as the true salmon, and it is satisfactory to know that we have now the means of greatly assisting its increase in our own waters, and of providing supplies for other localities at no distant date. In March and April last, the salmon were seen in the most satisfactory manner by more than a score of persons—all intelligent observers—and myself; so that the for? mer evidence of their presence in the river, itself amply sufficient, has thus been fully confirmed."

Considerable excitement was manifested in Collins street yesterday, among the mining speculators under the Verandah, with respect to the finding of the large diamond at Armidale. A telegram was posted up in several places to the effect that the Steam Navigation Company had detained the diamond till their claim for carriage of one-eighth per cent, of the value was settled. The supposed diamond was found by a Mr ToAvnsend, between Armidale and Beudimeer in New England. It is in size about as large as a turkey’s egg, and of a somewhat similar shape. In its present state it weighs 7oz. 14dwt. Several tests have already been applied to the stone, and the confidence of the manager of the Bank of New South Wales at Armidale was such that he advanced the sum of L7OO on it. Mr Tywnsend has been for some time engaged in searching for diamonds, and been fairly successful, having discovered several of the finest water, though of small size. “ The Peripatetic Philosopher," in the Australasian, writes as follows>

To conclude with something pleasant, let me call attention—if attention has not been already sufficiently called—to one of those acts of heroism which are somewhat less common than they used to be. A lady, by name Miss Evans, daughter of the late Dr Evans, of St Hilda, was governess in the house of the Mr Glover who died of small-pox at South Yarra. When all the other inmates of the house had left, this good woman remained, and assisted only by a hired nurse, attended her employer until his death. Then she herself sickened, and was removed to the hospital in the Royal park. The disease attacked her in the most virulent form, and she all but died. She is now slowly recovering, but will cany to her grave a scarred face and impaired health. This lady is poor, and sickness is expensive. A subscription has been opened for her, and perhaps some of those people who cry over the fictitious sorrows of Esther Summerton, in “ Bleak House,” will be glad to evince a little substantial sympathy for a living heroine. Professor Abel, of Ballarat, has recently been engaged in some very important experiments in the art of extracting gold from different kinds of quartz, and other mattrices in which the precious metal is found, and he appears to have had great success in his treatment of the subject in hand. One grand result has been the treatment of the pyrites obtained from the quartz crushed by the Isis Company, at Stuartjniil. The whole of the stone in the different reefs of that district has long been noticeable for the great quantity pf mundic pr pyrites it contained, but although it was supposed, if not actually known, to contain gold, few will be prepared to find it so rich as Mr Abel’s analysis shows. After the last crushing of the company named, upwards of twelve tons of pyrites and heavy sand were saved, and one bucketful of these tailings, alleged to represent about a twenty-sixth part of a ton, was treated so as to concentrate the pyrites as much as possible before subjecting it to analysis. This left about half a pound of pyrites, which was again freed from sand, and six ounces of these pyrites produced very nearly one ounce of gold. Mr Abel, however, had not concluded his analysis this afternoon, and there may be another quarter of an ounce obtained. This would give an average yield from the tailings of about 32s per ton, and from the pure pyrites of over 5,000 ounces per ton. These tailings were only estimated to yield five or six ounces per ton, so that if those who have the manipulation of them can only get half of the gold the analysis has proved them to contain, they will raise the average of the Isis yield to two and a-half to two and thi'ee-quarter ounces per ton of quartz. But the greatest achievement of Mr Abel has been the discovery that from the yellow slate and sandstone that abounds here, fine gold can be extracted at the rate of 3 dwts. per ton. It will remain to be seen whether batteries, or any other crushing power, will be able to extract gold in the same proportion. If they can, there are millions on millions of stuff similar to what was shown that may be operated upon. By telegrams from Sydney, we learn that the brothers Hickey, the champion rowers of New South Wales, have accepted the challenge of the English champions, Renforth and Taylor, to row a pair-oared race in England for LSOO aside, and the championship of the world. It is also reported that W. Hickey’s backers are willing to back him single-handed against Renforth, the present champion sculler of England. The Melbourne correspondent of the Balarat Star wi’ites :—“ The Impexial Governmexxt are stated by a letter from London to have decided to donfer upon Mr M'Culloch and Mr O’Shanassy the Order of St. Michael and St, Geoi*ge, and it is understood that a despatch has anived making the offer.” At the sale of the celebrated stud of Clydesdale horses, mares, and fillies, belonging to Mr W. T. Cox, of Springvale, Moolex-t, oxx Friday last, the following prices were obtained :—The Pride of Scotland, purchased by Mr D. Nesbit, L 920 ; Count Bismarck, Mr A. M‘Kay, L 42 0; Lord Black Leg, Mr Brown, cf Ararat, L 274.