AUCKLAND PROVINCIAL COUNCIL.

New Zealand Herald, Volume V, Issue 1311, 29 January 1868, Page 3

AUCKLAND PROVINCIAL COUNCIL.

TUESDAY, JANUARY 28. Tna Speaker toot the chair at 3 o'clock. Present: M<ssrs. Gilfilian, Dignnn, Wynn, Farmer, Kerr, Nicholson, Martin, Cooper, Sheohnn, DaTY, Carleton, Ball, Clarke, Cheeseman, Maeready. rsTiTiOjr. ("apt. Coopfk presented a petition from the widow of the late Major Mataon, relating to a claim for land scrip. KEronT. Mr. Farmer brought up interim Beport JCo. 4 of the Petitions Committee. On the Petition of Mr. Thomas Macfarlane, the Committee aTe of opinion that a respectful address should be forwarded to His Honor the Superintendent, desiring him to grant the relief prayed for by the petitioner. On the petition of Angue Morrison, the Committee report that t-ey have not been furnished with evidence sufficient to justify their re-opening the case. On the Petition of the Chairman of the Trustees of the Lake l'istrict, praying, that in consequence of the expenditure of a large mm (£400) in erecting a wharf,"and making other improvements at O'NeiU'e Point, with the understanding that half of that sum would be reimbursed or expended in further extension of the road towards the lake, the committee recommend the prayer of tlie petition to the favourable consideration of tbe Government, with a view to give relief to the petitioner. BXPLANATIO¥. The Provincial Secbbtabt said, before the bnsinpss of the Council began he wished to make one or two observations. After the explanation made by Mr. Carleton in his speech on Friday, that he did not intend to embarrass the Government, the Government therefore accepted his amendment ■with regard to the items of the estimates, and laid those items on the table. [Mr. Carleton : hear.] KAWAKAWA BLOCK. Mr. Cablbton moved for a copy of all correspondence between the Provincial Government and Bobert Clapham Baretow, Esq., relative to the settlement of the Kawakawa Block. He said that there ■were a number of settlers on the above land, the condition of whose occupation included an understanding that they would hare the right to purchase, and the petition was that thoy might be allowed to pay c«eh into the treasury. The Provincial Becretahy eaid there was no objection made by the Government to the motion. PETITIONS COMMITTEE. Mr. Faemkk moved, That the ad interim Report No. 3, of the Committee on Petitions, be adopted. Mr. Buckland could not understand the principle which guided the committee, for while the committee could not recommend the case to be re opened, the very next motion on the paper wae thai the Council should express an opinion that relief should be given. In one of the cases, that of Lundon, the petitioner was referred to a court of law. The object of a committee was to aid the Government in doing

justice without the intervention of a court of law. Capt. Cooper moved, That the several cases referred to by the report (No. 3) ehould be considered by the Council seriatim. Mr. Wtnn said that if the motion of Capt. Cooper were carried be should decline to sit on the committee*. It was simply to supersede the labors of the committee. Captain Coopeb's amendment was negatived, and the original motion was carried. Mα. PETER GBACB. Mr. Winrar moved, That this Council is of opinion that the petitioner, Peter Grace, is entitled to have the plant of which he was deprived, returned to him, andi in the event of this being impracticable, that he should be fairly compensated for iuch portion thereof as may have been disposed of, or in any way have disappeared. He said that in moving the Council in that case, he was carrying into effect the recommendation of the committee, who said that the petitioner had suffered great hardship. He had been deprived of his plant, and lost a great deal of money. He entered upon hie contract when he might not and ought not to hare done so. He acted through ignorance no doubt, but the Council might say if it pleased, whetherit would remedy the hardship which the petitioner had suffered. Mr. SheehaN said the petitioner was clearly entitled to something. He was also entitled to hie plant. The motion was carried and the resolution ordered to be reported to His Honor. Upon the renewal of the motion for going into committee of eupply, Mr. Cableton withdrew his amendment. BTTPPIY. The Council resolved itself into committee of Bupply, Mr. Bail in the chair. The following are the items for the Executive:— Provincial Secretary and Treasurer, £200; Provincial Solicitor, £200; Provincial Accountant, £150'; Clerk, £100; Clerk of Records, £100; Messenger, £31 10a.—Total—Executive Government, £781 10e. Dr. Nicholson said he saw nothing of a reduction of the salary of the Superintendent in the estimates. The Pbovtncial Secretary eaid that the Superintendent's salary was fixed by an Act of Council. Mr. Cbeishton said there was a resolution of the Council, accepted by the Government, that a bill should be sent down to reduce his Honor's salary to £500 a-year. Mr. BuCKIiAND said that some of the salaries ought tojbe reduced. Hβ considered the salary of the Provincial Solicitor and the Provincial Secretary ought to be reduced. Some of the offices ought to be dispensed with altogether. The PnonsoiAl, SechbtAry and the Peotincui, Solicit ?r left the Chamber.

Mr. Cbenjhton said that Mr. G-illiee had-boon paid only £16 odd for hie last three month's salary. Mr. Cheesbman : And how uiuch more ? Mr. Cbkiqhton : Mr. Gillios did not draw his last quarter's salary. Mr. O'Nbilli thought that sinking fund ought not to havo heen brought into revenue. Mr. Clabk believed lhat it would be found tho revenue would be £5000 shoit, and he would vote for reduction. Dr. Nicholson said he would vote for reduction. Mr. Oableton hoped the business of the estimates would be expedited. Ho boliored the work of tho Superintendents office could be done by the Superintendent and a copying clerk. The businesß of the Superintendent was very light whon there was no money to spend, but they were paying £800 a-year for having a drono at tho head of tho Government— £800 a-year for cocked hat nnd feather; Capt Fbaskb believed the Superintendent who could do with the least money dosorvod the highest salary, nnd wae a better man than ho who had thousands and put it to bad ugo. Superintendent's ealnry had nothing to do with tho estimates. Mr. Maciibady defended the city. Hβ thought tho monoy ought not to be looked for at 9d a-pound, nothing like tho sum could be got, so great was the depreciation of property. Mr. Creioiiton moved tho reduction of the item Provincial Secretary £200 by £100. Question put, that the item bo roduced by £100, iho Council dividod. Ayos, 9. Noes, 8. Motion carried. Mr. CiJEioiiTON moved that the item Provincial Solicitor £200, be reduced by £175. Mr. Wtxn—l move, as an aniondmont, 'that tho item bo expunged. If Mr. Gilliee was satisfied with £10, he gave an increased margin in offering Mr. Wynn £25. . Mr. Chf.esemak said that Mr. Gillies had made very heavy special charges in excess of hie salary. Mr. Cbeiohtow said tho present Law Officer charged for introducing the Railway Bill aB parliamentury agent. Mr. Chbbskm.an said tho Railway would probably be shortly in the Supremo Court. Mr. BtrcKLAN-D said if a Provincial Solicitor was paid a aalary and for work done beside, it was paying double. Mr. GiLFILLAN enid that hithorto the law offioor oharged for all ho did besides his salary. In tho present enso Mr. Wynn would rocoive his salary and would not charge for the casea conducted thiough Court. Mr. Wynn said the proposal to give £25 for the services of a Provinoial Solioitor was beneath the dignity of the Council. Of course if the motion wore carried he would ceaee to hold the office. A Provincial Solicitor had to give opinions on orory conceivablo question, to bo in fcttendanco in Council to keep the Government legally right, to draw bills, to conduct them through the Council and committee, for which he received at tho rate of £50 a year. The object was to mako all government imnracticablo, eo that Provincial Institutions would bo given to Wellington. Tho Government was prepared to go to the country, and he hoped the Superintendent would be induced to ask the Governor to dissolve the Council and go to the country. It waß to reduce Provincial Government to an absurdity. Thero had teen a new Bosident Magistrates' Act, and a fine

pieco of legislation it was. By tho definition of boundaries a man living at tho North Shore would havo to go to Wnnjrarei '° get justice. Dr. NicnoLSoN: No. Mr. Wres : No ! Where then ? Dr. Nicholson : The Kniparn. (Laughter). Sir. Wyxn : I can nsauro the Council I am not apeakipg f«r myself, for I shall ceaso to hold tho offico if yon pass this motion. Mr. BfCKLAXD moved that tho Chairman report progress, and nek leave to bit again. Mr. Gilfillan asked tho Council to voto tho items for the sick and destitute—a voto.which was of tho greatest necessity. 3lr. CiiElonTON* said there could bo no inconvenience in waiting another day. Mr. Wyxn snid the contract was an end, and were the sick and destitute to starve ? All that woe asked was the money for a month's service. Mr. Buckland moved that tho committoe should pledge itself to vote supplies for tho hospital, eick and destitute orphans, and goal, for this and the following month. The motion was carried. Tho motion to report progress was carried, and leave to sit again on Thureday next. The Council adjourned at half-past seven o'clock, until Thursday next. POLICE COURT.—Tuesday. (Before G. Graham, Esq., J.P., and J. 1L Home, Ksq., J .P.) BBUNKENXEfB. Francis Doran, aiid John McGiil, (first offences) were fined 5s and the costs for this offence with 24 hours in default. John McQuire alias Dillon, (second offence) was fined 10s and the costs, with 48 hours in default. Johc Hannigan, (fifth offence,) was fined 20s and the cos's with 24 hours in default, and seven dtiye addi-

tional. THE SMUGGLING CABB. James Miller and Samuel Wile, on remand, were charged on the information of H. S. McKellar, Collector of Customs for the port of Auckland, with having on the 24th inst. committed a breach of 177 th clauee of tho Customs Begulationa Act, 1858, by obstructing officers employed for the prevention of smuggling, and in the exocution of their duty. Mr. Brookfield appeared for the Grown, Mr. Gillies and Mr. MacOormick for the accused. The accused were called but did not answer to their hail. Mr. MacCormick said tho man Wile had received a violent blow from one of the Customs men, but his wife had told him (Mr. MacCormiek) this morning that the accused would appear if possible, although he was in such a state that it was extremely doubtful whether or not he would he able to attend. Mr. Brookfield eaid both men were out on bail and he had received private information that ono of the men had left the place. Under these cirnumstancos ho would ask that the recognisances be eatreatod. Bichard Davis and John Tucker, the recognisances, were called on to forfeit the amount of their* bail. The former appeared. The Clerk: Where is your bailee. Have you James Miller here. Mr. Darij : I have not. The Clerk: Then you forfeit your bail, and you will have to pay it without delay. At this atago of the proceedings, tho accused Wile came into Court. John Tucker, the other recognisance for Miller, was again called but did not appear. The bail,in both cases (£25 each) was declared to be forfeited. Mr. Brookfield eaid, before proceeding with the other case, he would ask that a warrant be issued against James Miller. .A 11 witueßses were ordered outofConrt, and a constable was ordered to see that no communication passed between them. |

Mr. Brookfield opened the case for the Crown. He began by reeding tho clause under which the prisoners were charged, and proceeded to etsto the circumstances which would be pressed against the prisoners. Hβ then colled the following evidence. George Dover, deposed: I am coxswain of the Customs boat. On the 24th instant, I received instructions from Mr. McKollar, the Commissioner of Customs, which I communicated to Harry Parker and Thomas Murphy, the other men composing the crew. On Thursday night, we saw boats passing to and fro from the Zillah, Landed Parker, and he watched the schooner and communicated what he saw. Baw the yacht Lizard heaving up her anchor She sailed round the Zillah. She went round between the Zilltth and the hulk and then hova round and came round the Zillah again. She went on the starboard side of the Zillah and somebody hailed They asked what cutter that was, and the answer was the " Nonsuch.'*

Mr. Gillies said it was unnecessary to go into such details. The evidence should be confined to the charge. Be-cxamined: From other- things we saw, we communicated with Mr. McKellar. In consequence of his orders myself, Murphy, and Parker, went down in a boat to Kohimarama. Aβ soon as we went round the Bastion we saw the Lizard at anchor. We went alongside the yacht and boarded her Samuel Wile was sitting down. Wile said " Hallo, George, what are you doing here f" He knew I belonged to the Custom House boat I said " Hallo Bam, I am very sorry to tee you here." I Ba ng out to the other two men to take the hatches off. They did so, and 1 went forward. I lifted the tarpaulin and saw a quantity of gin and brandy in cases I then turned round and said I would eeize the Tessel in the name of the Queen and the Collector of Cus.

Toms, and that I -would take them prisoners, and if they behaved themselves I would treat them like men. I went aft, caught hold of the tiller, and eunj? out to the two men to heave up the anchor and set the boat under weigh. While I etood at the tillor a man named Pillenger, the owner nnd master of the vessel, wns coming off in a dingy. He sung out " What are you fellows doing there on board my vossel ?" Hβ said if he had been on board when we enme some of us would lose our lives. As soon as Pillenger began to spoak Wilo rushed at me. Hβ seized hold of tho tiller and said. He'd be .if we should get the boat up to town. I pushed him away and pnt the tillor between my logs. I then said " Sam, I thought you had better eense." He then ran at mo ngnin and I struck him with the

tiller and knocked him down. The other man, Miller, had bis hand up in a threatening attitude when I nailed him. I handcuffed both men and brought them to town. I distinctly told them that I was acting in the namo of tho Queen and tho Colloctor of Customs. Cross-examined by. Mr. Gillies: The yacht hae room for about twenty people. The anchor wn» near up when tho blows were struck. They did not attempt to intorfere with tho other man in hoisting tho anchor. Ihe peak was not hoisted at tho timo Wile ruehed at me. I was etanding on deck, one man was heaving up the anchor, and tho other was making tho boat fast about midships. Wile was down in the hold whan he ruehod at mo. He did net ear to me " you had better wait for Pillenger hi\A tal:o him on board"; not in my hoaring. I naw nothing in Wile's hand when he rushed at me. tie only attempted to take the tiller out of my hand. He did not attempt to strike me. The tiller is about four feet long and varies in thickness. At the small end you can tako hold of it with your hand. I could not evnar which end I struck him with, it ie made of hard wood. I struck him about the hoad. He fell when he roceived the blow. By Mr. Brookfiold : Tho hold is about two feet deep where he was etanding, and gets deeper as it goea forward. Henry Parker, a boatman in the Oußtom House service, doposod to having gone down in tho bout with Murphy and Dower. The witnees went on to corroborate the testimony of the previous witness. Cross-examined by Mr. MacCormiok : It was about half-past eoven when we went on hoard the yacht and tho people on board could see ue. Wile was not in the hold wheu ho was struck ; ho fell into it after he was struck. I handcuffed both of them. Miller was under tho hatches whon we camo on board. Thomas Murphy, a biatman in the Customs, also gave corroborative testimony. When Wile seized tho tiller he Riiid he'd be if the yacht should bo takon to Auckland, and Pillenger must come on board. Cross-examined by Mr. Gillies: Witness said it dusk at the time. Mr. Gilliee oponed the caso on bohalf of tho accused. Tho clause under which the information was laid contained a large numbor of offences of a particular class, and it was all in re?ard to persons assombled for tho purpose of rummaging goods. They must look to the construction of the Act in order to understand the naturo of the offence there intended to ba dealt with. It must be a seriou9 offence t.hat would consign a man to prison for not loss than six months with hard labor. Under such circumstances it was o*sential to havo clear nnd undeniable ovidonco of tho guilt of tho accused. As to Dower and the other witnesses they never asserted themaolves to bo officers of Customs, they merely eaid they were boatmon, and yot tho elniiso in question spoke only of obstructing an oflicer of Customs. True, by another clause of the Act it ■"»&!) auflicient if they alleged themselves to bo officer* of Customs, but they had not done so. Tho instructions of tho Colleotor of Customs were not sufficient to make these boatmen officors of Customs. They found that Wile did nothing moro than take hold of the tiller, and the witness who hud been at tho further end of tho vessel had hoard Wile say—"Let Pillongor come on board." What more natural in these two men when they saw the master and owner of tho yacht coming, than to ask to allow him on board. Then tho witneesos differed in their description of tho position of tho various parties, and other circumstancog. Miller and Wile had allowed the tarpaulin to be removed, and the anchor to be raised, without offering any obstruction. At the time Wile was said to have meditated an attack, he was at such a disadvantage by his position, standing as he did below, ho could not hare attaoied Dower. It was clear that he had merely laid hold of the tiller with

tho object of inducing tho coxswain to wait until Pillenger came on board. It appeared that these boatmen were so elated with their -windfall that they lost self-command, and being in a funk leet the man in the boat was a party coming to the rescue they knocked down Wilo in a manner which he (Mr. Gilliee) did not hesitate to say no Custom-hjuse boatmen, or officer either, had any right to do in the face of euch so-cftllod trifling obstruction. Ho then called Benjamin Pillenger, with the object cf examining him as to the circumstances alleged. Mr. Brookfield pointed out that the witness had been in Court during the hearing of the ea°e. However ho had no objection to his evidence V e ' n g taken. After some discussion, the learned counsel for the defence deolined to examine him. The Bonch found tho prieoner guilty, and sentenced him to six months , hard labor. ANOTHEB CHA.HGE. Benjamin Pillenger and Samuel Wile were then char*od with having, on the 24th January, been knowingly concemod in evading duties of Customs upon or in dealing with certain goods to wit, 13 cases of geneva, 1 caee of wine, and one of brandy, with intent to defraud Her Majesty's Customs, contrary to the 163 rd clause of tho Ountoms Regulations Act 1858, whereby they had rendered themeelvos liable to a penalty of £100. Mr. Brookfield appeared for the-Crown; Mr. MacCormiok for tho accused Pillenger; and Mr. Gilliee for Wile.

Mr. Brookfield said: Having obtained a conviction in the last cose, it was neither the wish of the Government nor of the Collector, to pres* harshly against the prisoner Wilo. Therefore, with the permission of tho Bench, he would withdraw the charge against him. Mr. Gillies said ho appeared for Wile, and did not thank the Cuetoma for withdrawing the charges ; it mußt inevitably fall through as it now stood. George Bower deposed that the schooner Zillah vat lying in mid-harbour, and the Lizard was lying off and on. Did not see any goods passed from one to tho other. They went down the harbour, and the Cuetoms boat followed and watched them. Heard a voice from the Lizard, which he believed to bo that of Pillenger, the owner and master, but could not swear that he was on board. Tho voice answered, " The Nonsuch." Had known Pillenger for two years, and had often heard his voice. The vessels went side by side just opposite the reef, and the Zillah's binnacle light went out. The witness went on to describe the circumstances already deposed to in the previous case. LondingWio vessel he found 12 cases of giu, 1 of brandy, and lof wine. Pillenger came alongside but rofused to come on board. He said he would make the Customs pay for it in the morning. The cases were all temped, and the shavings were on the floor of the vessel. (The cases were in Court.) The ma'iks were scraped off some but not off all. Pound the scraper in the hold. Pillenger said the men on board were hired by him. Cross-examined: Was a pretty good judge of voices. Could not say whether Pillenger'e voice was tenor or baes. He could sing out both waye.

Henry Parker gave corroborative testimony. Samuel John Williams, Tide Surveyor and Beacher, and officer of Cuetoms, deposed, that he was on board the Zillah on the 23rd. lleoognised the red caeea containing gin as having been on board the Zillah. The marks B No. 1, 665, were bonded marks. They had not paid duty, the goods were shipped under bond. Cross-examined : Did not see all that was ehippea on board the Zillah. Would not undertake to say that he saw those two, bnt aavf eimilar ones. Would not swear that they did contain geneva. ' Mr. lirookfield proposed to open one of the casea to show the nature of -ite contents, when Mr. MaoCormick i aid it was unnecessary. Be-examiried: It was possible that such cases could have been got elsewhere. By Mr. Brookfield : It was not usual to obliterate bonded marks. Henry 8. McKellar, Collector of Cuetoms, and Deputy Commissioner, deposed, that the cutter Lizard belonged to defendant. Produced the office records of the Zillah'e clearances, which contained six cases shipped as stores on board the Zillah. They had not paid duty. Could distinguish the marks on one of the cases in Court with the mark T. 186. It was te-warehoTieed and marked B 184, which had been erased.

QrOBS-examined : All that I have said about the marke is upon the supposition that these are the cajjes that were shipDed on board the Zilleh. There might be thousands of eases marked Y., 186. "Sou might find ono in the nearest public house. Be-examined : No cases of that kind were re-ware-housed except those placed on board the Zillah. Mr. MoOormick submitted that the information must fail. Their Worships could not award any penalty as the prosecutors had not stated, as required by the Act whether he had elected to sue for a penalty of £100 or trcblo the value of the goods. Mr. Brookfield said it was not necessary under the clause quoted by hie learned friend, the J 56th, that the words of the information ehould be implicitly followed. Had the collector elected to claim a certain penalty this Court would never have been troubled with the case as it would have gone to the Supreme Court, whore, no doubt, it would be necessary to state what ponilty the Collector had elected to claim in order to show why he came there. The information wns in every reepect sufficient being in the words of the count given- in the schedule. In coming here tha Collector's intention was patent. After furtV.wr argument, Tho Bench Vt'ero of opinion that the ease was clearly proved, and that the Collector had elected to

sue for £100. Tho Bench was also of opinion that it had powor to inflict that penalty and it wou'.-ri therefore inflict that penalty. Mr. MoGormiok requested the Bench to take a note of bis oV.jaclions, as he wished c. t:se for the Supreme Court. There was aieo a third iufnrmatior. against tie. parties, which was not prot'reded with> Arrangements will be u-a.An for depositing the amount of tho penalty—peniiiog an appesil to the Supreme Court. The Court rose at 2 - 20 p.m.