PORT NICHOLSON.

New Zealand Herald and Auckland Gazette, Volume I, Issue 25, 13 November 1841, Page 3

PORT NICHOLSON.

The Schooner Sally Ann , Cummins, which sailed from Port Nicholson on the 'l3th ult., touching at Poverty Bay on her way up, came to anchor in this Port yesterday evening at sundown. The * Sally Ann’ brings sixteen passengers in all, having left three mechanics and a woman at Poverty Bay. We understand that among the mechanics are numbered a master baker, bringing with him materials and journeymen to carry on his business, besides carpenters, a mill.-wright, tailor, and blacksmith. The passenger! report every species of trade and business to be in a rather lithargic state; wages are fifty per cent lower there than in this town. Mechanics get 9s. and labourers 4s to 5s per diem. We extract from the “ New Zealand Gazette,” the Chairman’s address to the Jury, at the opening of the first Court of Quarter Sessions in Port Nicholson, which will, doubtless, be read with much interest: — COURT OF QUARTER SESSIONS.

The first Court for the District of Port Nicholson was held at the Court-house, Wellington, yesterday morning. The Chairman, (E. Halswell, Esq ) came into Court precisely at ten o’clock, accompanied by the following Justices—G. F. Dawson, Esq., M. Murphv, Esq. George Hunter, Esq., G. White, Esq., G. B, Earp, Esq., and Capt. W. M. Smith ; together with R. D. Hanson, Esq., Crown Prosecutor, and R. R. Strang, Esq., the Clerk of the Peace.

The Chairman then read a prayer for Her Majesty, for His Excellency the Governor, and for all that are in authority under them. The Clerk of the Peace produced the Government Gazette, and read the Proclamation of the Governor, authorising the holding of Courts of Quarter Sessions under the Ordinance of the 4th and sth of Her present Majesty, No. 4.; and also the appointment of the Chairman for the Court at Wellington, from the same official document. The Court was opened by the Crier with the usual forms ; and the Proclamation against vice and immorality was read by the Clerk of the Peace. The Chairman then delivered the following CHARGE. Gentlemen of the Jury—the time has now arrived, when I think it is necessary to make a few remarks upon the important duty which devolves upon you as jurors for the first time in this country, and also to offer some observations generally. For the information of my brethren of the bar, and the other gentlemen of the legal profession, I beg to state that I have framed such rules and orders for the guidance and practice of the Court, as I think are suitable to the present state of the law as it is now to be administered ; they are too long to be read it this time ; they have been submitted to the perusal of the Judge of the Supreme Court, and are now deposited with the Clerk of the Peace, with the approbation of the Court, for the use of any gentleman who may wish to have access to them. The Chairman then read some extracts from the rules of the Court, which chiefly related to the practice, of the Court and to appeals and other proceedings, interesting only to the legal profession. He then proceeded to say that— To restrain and punish the vicious, and to meet the exigencies of the Colony, His Excellency the Governor was pleaded to lay two bills before the Legislative Council; the object of which was to promote the due administration of justice with all convenient speed —viz., one for the holding of Courts of Quarter Sessions, and one for the Court of Requests, in which debts and damages might be recovered for any sum not exceeding fifty pounds. These bills were passed, and now form part of the law of the Colony. In the absence of the Supreme Judge, it was thought expedient that some measure, if only of a temporary nature, should be adopted to meet the wants of the public ; but the Supreme Court being now established, some important alterations will probably he made, and it is not unlikely that before the period arrives for holding the next Court, an Ordinance better suited to the altered state of the Colony may come into operation. Being one of your body, and resident at Port Nicholson, His Excellency was pleased to place th'e important trust of presiding in the Courts to be held at Wellington in my hands, until further arrangements can be made ; and I regret that a more able person had not been selected; but, as the advantages of these Courts will be very great to the public, I trust that an honest and zealous discharge of my duty will compensate for any want of ability. One advantage is, that the suitors will have speedy justice and prompt redress, and for this the Government, as well as the public, will be at comparatively little expense ; not that cheap law is always beneficial. Another advantage is, that the trial of a prisoner will take place near the spot where the offence has .been

committed. The sentence in these cases has always a salutary effect upon the minds of the prisoners, as well as on their associates in crime; nor is the sense of shame in civil cases of less effect; a plaintiff will not have the hardihood to persist in a harsh or unjust claim, nor a defendant resist an honest or well-founded demand, when their friends or neighbours are looking on. The effect of the Proclamation for the Court of Requests has already been felt; I have been credibly informed, that many claims have been already settled, where formerly the creditors have been openly defied. I congratulate you, Gentlemen, on the comparatively light state of the calendar. The only cases to which I think it necessary to advert, are four. Two of these are indictments against natives E’Wara and E’Tonghi. I mention these cases in particular, because I am desirous of letting the public know that the natives are in truth, and in fact, British subjects, and are to be treated in every respect like any of ourselves ; they have the same right to the protection of the Law, and they must be held equally amenable for any breach of it; but in order that they may be shielded from the consequences of their ignorance, or presumed ignorance of our laws and customs, counsel will be assigned them by the court, and a sworn interpreter will faithfully translate all that is important for them to know ; this proceeding, I hope, will have the full effect of impressing them and the entire native population, the justice, the protection, and above all, the equality of the laws under which they are now placed. The next case to which I must draw your attention, is one against four prisoners charged with the foul crime of plundering a wreck. - Gentlemen, this is a charge of great importance, and in the event of a conviction, one which demands the most exemplary punishment, particularly in a country like this; and unless some strong mitigating circumstances are found in the case, no doubt the heaviest sentence will be passed upon all prisoners convicted of this atrocious cume. By the statute 7th of William 4, and 1 Victoria, c. 87, the convict is liable to transportation for a term of fifteen years. And I assure all that hear me, that the Cour t would consider it their painful duty to carry out the full extent of the law, ’lt should also be further known, that by the statute of 9th of Geo. 4, cap. 31, if any person shall merely assault a Magistrate, Officer, or other person lawfully authorised to preserve any vessel in distress, stranded or wrecked, and being convict d thereof, he will be liable to be transported for seven years. The only other case I shall mention, is an assault with an intent to commit a detestable and abominable crime, which as the law says, “ cannot be mentioned amongst Christians.” There are sometimes cases of great difficulty, and require very close attention to evidence, occasionally renting upon the oath of one principal witness ; tiie question mostly is, what degree of credibility can be given to the witnesses? And yet such testimony is not be rejected on slight grounds, although there may appear discrepencies in going through the whole evidence. I have known many cases of indecent assaults upon females with intent, &c,; the witnesses are seldom correct as to the duration of time, .frequently asserting that the attempt lasted half an hour, or even much longer, when the most undeniable evidence has been afterwards produced to shew that it could not have lasted beyond a period of five or ten minutes. Nevertheless, the evidence of the prosecutrix is not to bo impugned ; it frequently happens that a woman under such circumstances is quite incapable of judging of time, (from fright and other causes.) It is easy, Gentlemen, to detect error, but it is very difficult to ascertain truth. I say with Cicero :

Uti nam tain facifoa vera invenire possim, quam falsa conviocere.

There is one circumstance which I am desirous of touching upon. We are as yet but a small community, and jurors may frequently find themselves among persons interested in the issue of the trials coming before the Courts. There is an offence, which in law is called embracery of jurors Any attempt whatever to corrupt or influence or instruct a juror is a proper act of embracery, and subjects the offender to an indictment at common law ; this is clearly laid down in Hawkins’ Pleas of the Crown, cap. 85; but it has been made more clear by a statute passed in the 6th year of Geo. IV., by whicn every person who shall be guilty of the offence of embracery, and any juror who shall wilfully and corruptly consent therto, may be proceeded against by indictment or information, and be punished by fine and imprisonment,

There is, however, one offence for which the law has provided no punishment ; I mean the crime of petty scandal. The law could formerly puniSh a scold, but an idle gossip is above alt law, and is the bane of all society ; it is more particulary prevalent in infant colonies and small communities. These detractors usually speak in inuendoes, mixing up some trifling fact of little amount with the tale, which gives the whole story a sort of artificiei value. The parties aggrived have no remedy.

There are many other topics which relate to our respective duties, but I have already occupied more of your time than I intended, I must reserve any further comments for each particular case as they come before the Court ; and I trust we shall all of us discharge our several duties with justice to the prisoners, satisfaction to the country and to the honour of Almighty God.

Auckland Races. —We have seen the subscription lists of these Races, which it will be recollected come off in the early part of January next. We are highly gratified to state that these lists are progressing fairly; we however, at the same time, suggest to the pub ic, that they should be vigilant in putting down their names for the sums they intend to subscribe, that the Stewards may ascertain the amount of the stakes to be run for. We hope lists have been forwarded to the Bay of Islands, their being many sport ng gentlemen there in possession of good horse flesh, who, we should think, would be induced to visit the Epsom Course at the next January meeting. We beg to add that we have a list lying here for subscriptions in aid of the Race Fund, and will be glad to receive names thereto. W ater. —Our readers will be glad to know the fact that water, of excellent quality, may be obtained bv digging for it on any of the table lands in Auckland, Mr. S. A. Wood who very recently had a well dug, succeeded in finding the spring at the depth of only 36 feet, on the highest point of this town. The water is as pure and as any tr> he found in the dreek or wells i:i the lower part of Shortland-cres-crent or Lower Queen-street. Those who, therefore, have suffered the hitherto great inconvenience of carrying the water which their families consumed from the creek in Lower Queen-street, would do well to avail themselves of this fact, and have wells dug. Peat Turf. —We have been informed of the ex istence of Peat Turf closely adjoining this town by a gentleman of scientific acquirements, who, in his perambulations around the suburbs, noticed it; and on examination, pronounces it to be of excellent quality. This important discovery will prove a great boon to the increasing population of the town, and dissipate many of the delusive dreams of the enemies of this sit? chosen by the Government, chiefly on account of the paucity of fuel and water, certainly the two great desidera in founding the Metropolis, of what, doubtlessly, will, in time to come, be a densely populated country. The situation of this Turf Moss, is, a little way on the Manukao road, at the righthand side of Hobson’s Creek.

Publicans’ Act. —A number of publicans of this town, were summoned before the Bench of Magistrates for a breach of the Licensed Publicans’ Act —they not having lamps exposed over their doors in front of their houses In consideration, however, of the parties having, from the absence of Braziers and Wireworkers, which are now, however, supplied to the town, been unable hitherto to conform to the full terms of the Act, they were each acquitted of fines, with an intimation, that they must forthwith comply with its provisions, on pain of the usual penalty being inflicted. Had we the Act at hand, we would quote from it, which we purpose doing for general information in a future number.