AUCKLAND PROVINCIAL COUNCIL.

New Zealand Herald, Volume I, Issue 72, 5 February 1864, Page 3

AUCKLAND PROVINCIAL COUNCIL.

I AVedneskav, FBIOU-AHY 3m>. I

.Mr. ZWwman ]nvs«'n{(:ii ;i jictitkm limn I'rotlJolmseii. tonncrly :i held oliiar connected "'Hi tli'-' bengal. iiilantrv, and who kid relin-d from the Indian ;;crvicc with tin? view of in A uoldand. iiJ health hud doiaimd him longer in ] - than he intended, whieh had dehavivd him id" his legal claim. lie iherei'ore j lififiivd the /itroiirabiu r 'Ji.-idoiaf ion o/ the Council to his claim lor land, as h«- had only left the. service with the view ui in the j»rovim-r». .Mr. Wvnn moved flie aiiojjfi<>/» uiihe report ui' the \ iAaniVmg v>wU-v> roniwmiv. \ Tl\o, cUww-s uC U\v, ivi.tut wevo cousddiii-od ( unci adopted, as f<»il«»ws :— " i h:ii your coimiultrit have the honour to rtcoiujiiund tJi.it this orders of this Council he amended in the !■•))..wiiijx particulars:— " 'lh.it the \v».id> l..li.»winir ho struck out id' No. 11, ' unless in ca: o • any Inn'ter amendments being put alter snid tin; words following inserted in j I t.lare ihcivoi' lor i>ruY»o>e anv amtrmlnuMiT Ini-ivio ' 1

" TJtat 11 l»u ami ihu two following clau>«*s inserted in lieu thereof:---u A. motion duly shrouded, 'Thai l)us Ifousn do now adjourn,' shall be in order ot any pmiod during tin; eourse of a debate, unless while any luoinbd shall be in possesion ol ihe House, hut no discussion .-ikill he sukwvd upon it,. | 14 On any motion lor a<!jouriuuoni, not made during the eourse of a debalc, Utscassam shall he allowed, hut Mr. Speaker .shall contine tiie di.MMir-sion. atrietly to the question ot' adjournment." " That t!io rule.-; following bo inserted as now ! rules : — u On Tutvsdays and Fridays Government badness shall have preeedeuce, and (in dnys it &liall be eouipetent lor ine mejo)j>:r lraving of tiie Government business in the Council to place such bu.sinos on ihe psijM-r in such cider as ho mav think lit. " "WTion the Council shall be in committee on the estimates, ihe Junctions of the committee shall he (m regard to patlicular items) to grant, expunge, or decrease such item, and the >hall only hu increased by an addicts to the hMipeiintendent for that j»ur})ose. u Thai in rule 2(> tho words, ' except on Government days,' je iiifCiiLil aiterthewoiil 'day,'in line 1." j "That rule .jli lie expanded." Consiileriiiile disciinsion took place on the report, partietil.irlv <m t In; ( 1:: 11 >' • that prevented the inci'tase of items uii the estinmtes hy the Coiiiie.il. The Council divided as iollows on the clause i>roveming the raising oi iti ins l.v the (.Council:— Ayes, (10) —Messrs. Wymi, J. O'Neill, liarrop, Sheen, May, Xewniiiu, Ivcrr, Kattniy, Clieesenian, and ticorge. .Noes, (ti) —ilessrs. C'adnian, A. O'Xoill, Sheehan, and fciwausun. Agreed to. Tne report was then adopted, and ordered to be forwarded to Ihe .-Superintendent. On tiie motion oi' JUr. Wymi, the whole of the standing orders, as amended, was ordered to he printed. Air. Cadinan moved, " That it is desirable tliat tlic principles oi ministerial responsibility to this Council i'or the conduct of public aliairs, should be established in the executive Government of this Province." The business of the Council, he stated, bad been conducted in a. ruatim-r which no out; couiil understand. 'The whole business ot the Province had hern managed in a liaise, slipshod way. Ihe , hon. member then l'cieired to tin- course the I'ro- | viin-ial (rovernnirnt had taken iu regard to tne ; public buildings as a reason why tin; Council should 1 aliii-in his resolution, l-.vcry Province in the coleny, : wiili the exception of throe, had the kind of l.ioveru- : meat that he dfsired to s-ee i MaUished in Aui kland. j The lu.n. Provincial Secretary, niter a tour In- had ! made through the Southern Provinces, had re!erred i to the miserable stale of our public buddings as coin- ; pared with those in the other places, lie woidd ask ; that hon. member whal, improvement had taken ; place in that direction since bis own accession h> j oliice. laterally nothing. Anil (lie present executive had shewn an utter inadequacy lor I ho work. This I showed tiio necessity i'or a change of some kind or I other. i .Mr. Gallauyher seconded. ]Jr. t'ollen would support the motion. He had formerly opposed this principle in the Council, lie would therefore give a lew reasons for iiis change of opinion. Formerly 1 la re was at tne head of aifairs i iu tins Province a man who hail a policy, : which he uiiiler.-tood and was well able to inter],ret. j : At present, with all due dei'eienee to the Supeiiuten- | dent, he might, say they hail not an active political j oiiicer at the head of the l'rovince ; one who had ; no dellni'.c policy, and it lie had, was not capable oi j j explaining it. Ai present they Knew not w.io -was | re.-ponsible. If anything went v.-rong the Supe.rinj tendeiifc put the blame on the executive, while the ; executive sliiiled Ine blame to some one else. For j the iirst time since the establishment ei thepiescut | form of Government the business of the Couucjl was ; cciidueti-d by a wlio hud no connection . v.'ilh ths *-ji t illOi,tnt,£i T ho "'Hi >11 i'-i 6 " ii'iS

lunce." An important reason for a change in the present state ot things was the lad that, during U\o iast fifteen months, —the most critical in thy liintory ot' the Province, with almost unlimited at its disposal—the Government had literally dune nothing iat all. Tho Council hail 110 icmcdy ; it could only bit j and complain. It wus, therefore, high time that tiioy should have the means of putting un end to this stilted things. Tho executivoseemed lo havelostsight ot everything but the broads acres of Waikuto, which they .seemed to think must be taken and occupied at any cost. lie warned the Council the present immigration mania would result in disaster to the Province. Ko one knew bettor than he aid how easily immigration could be overdone; and even at this, moment house rent and provisions were at enormous rates, while there wa.s a very limited outlet for labour. .Papers had been laid uii the table ot the Council which any school boy would be whipped lbr i the. composition oi, yet they were about to send, as their representative to England, the "writer of one of these documents. Although it was the eleventh hour, he trusted tho Council would do all in iU power to remedy the evils which were threatening the Province.

Mr. Daldy said the motion had evidently been framed with the view of making- an attack on the Government. It would liave beun a more generous coui>e to have moved a vote of want of coiihdonco in the Government. (Hear, hear.) Tlie present Government had taken office with a very definite policy. It was necessary to raise sums of money by loau tor tlie purpose of carrying out certain objects. This he believt d to be the true object of n Government-. They had carried out their plan .-Aiccosidiillv, and hcarcely a voice in the Council hud been raised j against them. He maintained that it would not j have been wise to have npent tho moiiev on public j buildings during the last ten months. The motion | c-uiild not atfect liiisi in any way, and lie could therefore speak lively uom.i ruing it. The C'oimcil had power at any tiniu to pass such vote* as* would have the etiect ol' turning ohl any executive, and surely that was responsibility lo the Council, lie regretted exceedingly the uiidignilied rcmia-ks tlmt iiad been made by tho member for City East concerning the Superintendent and the executive. It had been stated that liu was going home at tho expense ol' the ('overnment, but lie denied this, it being entirely untrue. Ho was astonished at what had just been said oil the subject ot immigration. Ho believed the present time was highly favourable to havina- a large Ijody oi uselul immigrants brought inio the I'rovince. r itf l regard to lesponsihlo government, and its operation, he believed it wcuid he injuiious to tlie I'rovince. tlie Superintendent and Council are elected by the same constituency it woidd be very dilhcult to curry out tho principle, lie believed it would only tend to non-responsibility. It would lead to such contusion in tho allairs ol the I'rovince as would render it almost impos.- ible to cany on the busiiicssol the Council. 'ti;c principle was recognised ill Canterbury and Utago. where it was working very unsatisfactorily. lie believed that neither the Superintendent nor his executive would remain a single hour in ollieu were they once convinced that a real majority of the Council were opposed to tlioni. Jlr. Newman had hoped to have got some delinition ol' what responsible government was. Nominally, ltn was iu tavour ol ru-.poiifiljle government j but in what way was it lo be scoured ? Jlu did not think auv executive would confine in i.f'ite if a vote of-want, of coulidenee were passed by Die Council. He had been rccpiestcd to fill tlie post of Provincial iSeciVrtary, and had, with considerable hesitation, accepted tlie oiler. If the present motion were carried he would luive no hesitation in declining tlie cilice. He liad never consented to oi cupv a position with to jnueh hesitation. It look him ihree weeks to consider whether he should do mi, and it would not take hull as many minutes to decline it. As far as he understood toe mailer, tlie Council rcailv j enjoyed responsible government at that moment. : lie was .siirjuiied at' tin.' remarks of 1 Jr. Pollen. , The one thing tiling above all others that was re- I I quired at this moment was labour. 'I'liey had j actually to pay 20s. Un acre lor cutting hav, and lCs. n day lor having it staetud. In laet tlie want ol j labour was tin; great evil horn which the rrovinee j was now suffering. Ho believed lal.ouv was dearer I in-Auckland than it was in any pail of the woiid. To keep back lal.ourers at this tin e he believed would lie exceedingly injurious to the rrovinee, while a judicious importation of it would be of incalculable advantage. I£e thought tlie attack oil the present government, by the l lion, member for City hast, was net aitogethi r deserved, considering the diiheuhics with wlucli tiicv had to contend, owner to tlie \\ iir wiiieli had bet n racing. Some ol the public building* should certainty have L'lcii eicocd many I your# ugu. 11 the jnotioji in loivfd tL~i[>(jut-ihiUly us | he understood it, lie had no objection U> Die nnjiioj), i but ii it wits intended as a en tlie pre&ont executive be felt b«»und to o])j,o>e it. jMr. l-'oley tupporled tho motion. Ile thought it wa.s t-ine they had a in tlie executive. JMr. Hariop and Mr. Gal!:nighc« sj-oke in favr.wr of tlie resolution. Un tlie moiion of Mr. AVynn, the Council adjourned till hull-past 7. Council resumed. A rather sharp of arms ensued as to the propriety of the Law OnKer declining to ic*un;e the debate, which ultimately ended in hia addicosine; tin; House. Mr. "NVynn went- into the history of responsible government in this Council. He referred to the time when Mr. Whitaker Ids opinion that at that time, in 18a-i, if the Council would atlirm the principle, he was willing lo act upon it in concert with the Superintendent ; nothing was ever done, l however. Then, in Mr. Di]worth moved that ; the members of Council be increased, with a view to ; introduce responsible government-, which was carried ! by iI to ii. A bill was accordingly brought in to I that etloet by Captain Cooper, -which resulted in a \ division of lo against IU in mvour of the motion, j If he (Mr. AVynn) was iu order, he woidd do nothing more th.in read the able fptech of JDr. I'olleii against the motion. Jt was. howeur, in his oj'inion, iit>thiug more than a vote of censure got up by tlie mover of tin.* present motion. Any member voting for tho motion was in fact widening the present gap. Tiie lion, member had entirely failed to show what responsible government was ; he had not attempted to show the relative position of an elective Superintendent and responsible government. lie (Mr. AVynn) had no doubt but that the hon. member would bo toady to take his place in a new suit, and would, without doubt, meet with what he deserved. Allusion hud been made to other provinces where respoiudble government had been introduced, and no more ridiciuous or preposLerous state oi allairs could be imagined. The hon. member lor City Uast Pollen) hud spoken in lavour of the motion, and yet on a lormer occasion he had stigmatized the attempt to introduce responsible government, as one that would inevitably bring Provincial Councils into ridicule and contempt. The hon. member had characterised the present Government as incapable, incompetent, but he should bear in mind that on a ioriner session the present government had been represented by an imbecile. (.The Hon. member was here called lo order bv several member, and wound up Us speech by the following amendment]: —"That it is not desirable, at this late period of the session, in a thin House, and at a late hour of the night, to discuss the question of ministerial respon>ibility. Mr. O'Neill was hardly prepared to vote for the motion, but certainly could not vote for the amendment. 33e believed that the executive hud Ret out with gooil deiined views, but they had failed in i carrying them out. Thev had slept at their posts, | and certainly any change that might bo brought j about must- be*for the better. The present slate of | the public buildings w;is enough to warrant this con- ] elusion. I Mr. May referred to thu temperate tone of tho last ! .spcidier. If the others had done the aame he would j have looked al it in a dillerenc tight,; but lie could not but view it as a diieet personal attack upon tho Government. Jilow hot cold, there was no pleasing hon. member*; the matter of fact was, that nothing short of turning out the profit occupiers of the executive bench, and occupying it themselves would satisfy some hon. members.* Mr. King regretted that the question was mixed up with one oi a want of confidence. It was no such tiling; he should vote independent of whatever might have been said. The Council ought to be i represented in the executive. At present what i guarantee was there that resolutions passed by the i Council would be carried into oilect. lie could j name, it it were needed, tuat iu some instances those 1 resolutions had been discarded. It was necessary to introduce such a system as respond bio government, | and it would tend to bring gentlemen forward as | members of Provincial Councils litted b»r the duties ! involved in such a charge. Mr. Kowe would vote for Ihe initio::. He hail long since made up his mind on the question of responsible government, but was at no tune so unprepared to on the subject as th? prr-eut. He only knew of the d'/bnie by rending th».' notify oil • he ikib tUy. Hs thit a chaugi.

desirable. Jt wis not well always to have the same 1 gentlemen on tlie oxeentivo benches. There was repositive necessity for antagonism it' the principle ww > carried, any moie than there was at present. 'lhc present Government had not come down withnny positive line ol' policy,—had certainly Jailed in their duty. Mr. Foley spoke against the amendment. Mr. A. O'Neill spoke in favour of the motion. Mo. George wondered that the lato Government had not initiated the present measure. But 110 : it did not suit tlieiu at tliat time. ' > I)r. Pollen alluded to tho change of sentiment | attributed to him. He would not lack tho courage to avow his change of opinion, the exigencies of the time required athorough cliange of system. Mr. Cadman replied. A division for the' amendment was lost on tho voices. k ( The original motion was then carried. Ayes, 11. Noes. { J. - Message, from his Honor, assenting to variouß Acta passed during tho present session, was read. CITY BOARD—Thursday. Thure was a special meeting'of the City Board called for yesterday afternoon at the usual hour. Present: Messrs. Uarbv, Maeready, Swanson, Ashton, Macfariane, and (lie Chan-man. Tho Chairman road lhc circular convening tho special meeting, and read the following petition which had hecn received, to corisidor which, ho had called the present meeting. " Superintendent's Office, . "Auckland, Ist. Feb., 1864, Sir, —I have the honor to forward herewith for the consideration of the City lioard of Commissioners, copy of a petition from.certain owners and occupiers of property in Albert-street. " Ji. GIiAHAM, " Superintendent. "The Chnirmi.n of the " City Hoard of Commissioners, Auckland." "To the Hon. the-Provincial Council of the Province " of Auckland, in session assembly. "The hnml.'le petition of the undersigned owners and occupies of property in tho vicinity of tho northern end of Albert-street, in the city of Auckland, sheweth— "That the Provincial Executive directed tho cutting down of the said street; that some of your petitioners applied to the Supremo Court for an injunction to restrain the continuation of the said work or cutting. That upon the trial it. was distinctly proved that tho cutting would he both dangerous to life and injurious to the owners of property, and that from the remarks made by His Honor tho Chief Justice, your petirioiieni were assured that if the application had been made a short time sooner, the injunction would have been granted. " That from tho incomplete manner in which the cutting was left, it was and is generally admitted to be a public nuisance. " That your petitioners have patiently waited to see whether provision would be made for the remedying of the evil. " That your petitioners desire that the compensation should be made, and used in making the street for the public good. "\otir petitioners therefoie pray that your hon. Council will at its earliest convenience take the matter into consideration, and director award such compensation for the evil complained of as your lionorablo Council shall think fit; and that such compensation may be handed over to tho City Hoard of Commissioners as your petitioners' contributions in aid of rates. " And your petitioner, <£e. "J. .I. Williams, Vickcry <S: Maseticld, A. Somerviile, Alex. Marsha 11, Thus. Maeready, William Sadgrove, A. Dingwall. P. Dignan, 1. Lazarus, If. Cancr, Waiter Leo, James McLcod, Edward Foley, Maurice Kelly, Joliu Campbell, vJohu Nicholson, Angus Nicholson, .Toseph Linnus, James 1-Simes, Joseph Young, Quiim C. Gregg, Alexander Cromwell, Charles Lowson, Andrew Craig, Willi;un Connors, ivichanl Grigg, utannus Jones per Samuel Jackson, Alex. Wright, Doiimlu Sutherland, James Hudden, C. 0. Davis, W. Youiicf, C. A. Harris, G. B. Owen, W. Parker, W. Wright, R. Scott, S. i). Watt, 3. , Hamilton, Francis White, John .Jeffrey, Rattray and Matheson, Kulph lYcesiiig." The petition being read, the Chairman stated that lie.di-! not think that it was at all a subject for the Hoard's consideration, but had considered right that it should be .'aid before tlluui. -Mr. Darby was of opinion tbat it Lad nothing at. all to do with the lioavd, avid was purely a matter to be referred to the Provincial Government. Mr. Macfariane then moved us follows: —That the City Hoard having considered the letter from His Donor the Superintendent, relative to the petition from the re.sidcnts in Albert-street, are of opinion that the statements are correct, and that the claim for compensation is fair and reasonable, and ought to bo complied with by the Provincial Council. Seconded by Mr. Ashtou and carried. Tho meeting then adjourned. POLICE COURT. —TnunaDAT. [llcfero Tho?. L';:cku.\x, Esq., E, 31.] Smith v. McCaxx. Claim for.El 15s. 2£d. Judgment for plaintiff by default. Foley t. Cooper. Action to recover £30 the value of a mare belonging to the plaintiff, and unlawfully detained by the defendant. Mr. Wynn for the plaintiff, Mr. J. B. Russell for defendant. It was arranged between the Council that all the evidence taken 011 previous occasion in thin oaeo should stand, with the exception ot that of R. McGee. Mr. Wynn thin rulied Tlios. Cooper, who deposed: —I am the dePendent in this action, the mare, the subject of this action, is in Auckland this day : I gave instructions this morning that the plaintiff or his witness should not see tho mare, I have not had a chance of altering those instructions. The defendant's counsel then said that he was willing to allow the plaintiff to see the mai-o, and tho Court was adjourned tor a quarter of an hour. And on being recalled. Wiliiam Nichols, was sworn and deposed :—I livo at Mauguroi: I know the mare the subject of this dispute: I saw her this morning : she rail in my paddock till last winter: my paddock adjoins that of Mr. McGee : the cuttle and horses can run in and out from my paddock into his : I know the mare Bor 9 months: she was a young unbroken filly then : 1 think she is 3 years old this foaling: I only speak from appearance : i never saw her ridden or driven by the Mangarci maories. Cross-examined: by Mr. liusselll know the maroby herappearance ; she was in the paddock about 6 months: in June, July, August, September, and October, I saw her every day : 1 can't swear whether she was there the whole of October: I know she was in the middle part: she was unbroken. John Nicholas, deposed :—I live at, Mangarci: I have seen the marc this day : I know her: I saw her in my lather's paddock about G months ago: I have known her this last 9 months : I have never seen her ridden or driven by the maories: as far as 1 know she is Mr. Foley's mare : she. was running with some of my l'artlier's horses about 3 months: I left to go to the Wairoa in July, and she was there then. Cross-examined :by Mr. J. B. Kufsell I havo just seen tho mare in the stable : Mr. Foley was with uic : he only asked me whether I knew the mala : I said yes: I saw the mr.re. in May last ill McGee's paddock . she was then unbroken. Owen McGee, deposed:—l reside at Mangarci: I saw the marc this morning: I have known her 19 months: 1 (irst saw her in a paddock that Mr. Foley hires from Mr. Buckland : it is at Mangarei: lam as positive as these hoots are on my feet that tho mare I saw this moniingis thesaniu marc (laughter). X have never ridden her : I havo ridden one like her : if any one Ims said so he states what is not true : thu inure I rode I sold to a mail at Panniuie : when I first saw her she was a foal: I should judge her to be 3 years or 3 years otf now ; I never saw' her ridden or treated by the maories as their horse : I always knew her as Mr. James Foley's mure: I never saw her ridden until I saw Mr. Cooper ride her. Cross-examined :by Mr. J. B. liussell:—l never examined her mouth : X was going to do so but Air. Cooper objected : I am sure it is not more than nineteen mouths since I first saw hir. . Thomas Smith, sworn : I livo at 1 apatoitoi: lam ahorse dealer: 1 can judge a horse's age by its mouth: 1 have .-.eon the mare this morning ill tho stables and havo seen her mouth. She is 2'jchts off: she hits never shed a tooth yet: there is an approaching sign of the new teeth: I can swear she is not 8 year old. "... Cross-emamincd: Slio might be 2 years and 6 mouths old : from the appearand ol' her mouth at present 1 could not apssk within tj nioutha"i imli\*a sides their hnjta at sU

James BadcUer, tho "next Witness, vfas called tut did not appear and tho summons having been proved the Court ordered that if in one week he could not show a p;oo<l reason for his absence ho should be fined £10 or to be imprisoned l-J days. Patrick Coyle being called and not appearing ho ■was treated in a similar manner by the Court. Joseph Banks, was then called, but the summons not having been served the case for tho plaintiff concluded. Mr. Russell, then asked the Clerk of the Court, to rendfthe former evidence, which being done, Mr. Hussel claimed a nonsuit on tho ground that the action ■was for the sum of £30 and not for the recovery of the horw, and no value had been proved. Tho Court would not grant it as it had been distinctly understood that it was a mere matter of indentity that liacl to be provi-d. ' Thomas Cooper, sworn:—when I first caught the mare she was broken: it was in November last, I rode her. Cross-examined: T never looked at her feet : I have broken many a horse myself: I took her to the blacksmith to be shod. By too Court: I never examined her mouth since last trial: the mouth has nothing to do with the question. George Dibble, deposed:—The ntare was offei-ed to me for sale by the maories last .Tulv : a maori was riding ber: lam positive that this is the same mare: I know her from her general appearance and the amble in her gait: I have not seen her since, until last week. Cross-examined : I looked at her moulh to-day, as far as my judgment goes she is not three years old : I don't believe slie lias filed any teeth at all: when she •was offered to mo for sale I looked in her mouth and she was then two years otF. Stephen Westncy, I live at Mangnrci, I saw the mare this morning : the first time T saw her was last Christmas twelve-months : I then saw Jerome riding her: I was in his company: he hired her from the natives ■ I have seen her several times since, anu the natives riding her : X swear it is the same mare. Cross-examined : I know her general appearance, and a rather peculiar ninrlc on her forehead : I d"n't know her aqe: I cannot tell her age by her mouth ; she was shod when T first saw her : I saw her when Mr. Cooper first had her: I believe she was not shod then : I think she was perhaps one or two years old when I first saw her, I dou't know. This was defendant's case. Tho Court deferred judgment until Thursday next. CAI.PAN v rKi,i.o\v. Claim for €3 10s.—for rent and occupation. Mr. Beverid«e for the plaintiff. Mr. J. B. Russell for the defendant. Two witnesses were examined on both sides, and a crcat deal of unimportant evidence adduced. The plaintitl's side making one statement which was posv sitively denied by the defendant's. Like all cases of this description, a great deal of time was taken up in petty aiy'tinents. Judgment was given for the plaintiff. V HARRIS. Claim for ,£"3 16s 6d. for goods supplied for sale on commission. Defendant offered to pay ISs. a week, which plaintiff w'ould not accept. Judgment for the plaintiff £3 lGs 6d. X. CT_UIKE V It. C'l-ARKF. AND ANOTtTKII. Action to recover the sum of £50 for damage done to crops by cattle trespassing. Mr. Brookficld for the plaintiff. Mr. Russell for the defendant. Plaintiff deposed as to the value of the crops, and the fact of the trespass. George J?aston said he wns a settler: lie knew Mr. Clarke's farm at "VYaiau: was not there while the wheat was growhig: was there in January: there were cattle in a grass paddock : he did not think £50 an exorbitant amount of damage to ask. Judgment reserved till next Thursday. ASSAVI.T. T>avid "Wilson was charged by Ann "Kay. with violently assaulting her on the 29th January last, by striking her with his fist and knocking her down. Mr. Bevcridge appeared for the complainant, and Mr. Merrhnan for the defendant. Prisoner pleaded not guilty. Mrs. Kay sworn, deposed :—Prisoner is my son-in-law. On Friday, 29th January I saw bin at the bottom of Dr. Fischer's stairs, going up from Custom House-street. [Owing to an error having occurred in the information laid against the prisoner, the case was adjourned until Tuesday next, to amend.] TIIE KAIVARA AFFAIIt. James Abbotts and Maurice Charles Henley, were brought up and charged with unlawfully firing at three natives, at the Kaukapakapa, Kaipara, on the Ist instant, with intent to kill and murder the said natives. Mr. Lea appeared for Ilenley, and Mr. Bevcridge for Abbots. The Commissioner of Police said that owing to the non-arrival of Mr. Lamb, the principal witness, he should prefer tho case being remanded until some future day. Eemanded accordingly until Saturday next. DP.r>-KAia>s. Four drunkards were summarily dealt with.