THE Otago Daily Times. "Inveniam viam out Faciam." BUN.EDIN, TUESDAY, OCTOBER 21.

Otago Daily Times, Issue 261, 21 October 1862, Page 4

THE Otago Daily Times. "Inveniam viam out Faciam." BUN.EDIN, TUESDAY, OCTOBER 21.

It is with much regret that we "find it again our painful duty to take exception to the manner in which Judge Gresson presides over the criminal business of his Court. At the two previous sessions, which have been held since this paper has been in existence, a similar task was forced on us. Approaching the subject now, with the same feelings of regret, end with the same belief in the purity and rectitude of the Judge's intentions, it is impossible to avoid the strong expression of disappointment at the evident incapacity he displays ia dealing with the criminal business of the Court. For the first time, we believe, since* Mr. Gresson has sat on -the Bench he run had to put on. the black cap, to pass on a prisoner the dreadest sentence of the lav, the forfeiture of life. And in this, his first case, Mr. Gresson had to encounter circumstances more painful t an judges who have grown grey in the adnunistration of Criminal Courts can number amongst their experiences. He had to pass the sentence of death, and tell the prisoner to exclude all hopes of a reprieve from his mind, withoutbeing able to add that the jury could come to no other conclusion from the evidence before them. He had to think that, however just the sentence he was passing, the trial which preceded it was not of the character suitable to the occasion. He had to feel that an outside sympathy was likely to be evoked for the murderer, because of the unsatisfactory manner in which his trial was conducted. He had to feel that Fratson would be hanged, not in consequence, but in spite of that trial.

We strongly incline to believe in the guilt of the < condemned man, and would not interfere with a sentence which is not only a justice to the dead, but a measure of protection to the living. But public opinion is scandalized when it is felt that, Jn a trial in which the life of the accused hangs in the balance, evidence is received that ought to be rejected, and the strongest points against him are permitted through neglect to fall to the,-. ground. - The evidence of the Detective who arrested the prisoner ought to have been unhesitatingly disallowed. There is no point ,on which English judges are more determined than to refuse to permit the evidence as to what prii soner.3 say on their arrest, unless they have been duly cautioned that their words will be used against them.. The Detective,, in , this case, took the accused from on board i.ship',? Ibrought him ashore and coufronted him/ with, a third person ; and, on the shallow pretence .that .lie had not at the time formally arrested him, the Court allowed him to detail the biTthe prisoner's remarks.V ;-If such i a palpable evasioa-were permissible^ coni stables could always " pump." suspected mur- [. derers. before they proceeded to formally arrest' them. The law, rightly enough,supposes that, an innocent person, in. the nervous, excitement of an imputed' iaccusation,' may commit himself to damaging expressions. In this very case, many innocent men,1 dragged, like Fratson, from on board, ship .and told, they, were suspected "of-being privy to the" disappearance of a man, woiild,,in nervous timidity,deny any knowledge of the person who had disappeared Not only, thon, should the judge have excluded the evidence, ,but he should have told the jury ~thdt innocent persons are sometimes confused into "appearing guilt)', and that the"' English lav. does not admit the .surprising of criminatory evidence from the suspected prisoner., ' •„

,'- Still, putting Tuckwdl's evidence, on one i side,! the- ease was, we believe, a sufficiently' strong ooe^niuch as the way in which it was conducted tended to weaken it., The doctor was' not even jasked : what was the cause of death, although if he, had, been he would have stated that itjirose'from'tile severing of the vertebrae. As the evidence stands, as remarked by a correspondent yesterday, the deceased mi^ht have been poisoned, and his body mutilated

nfter death. The evidence which connected the prisoner with the deed was that he was last seen in the company of the murdered man; and that he was last seen in possession of the instrument, with \vhich,there was every reason to suspect, the crime was committed. H* was' in the society of the decea?ed a few hours before the presumed occurrence of the deed • but the axe was not seen in his possession for several weeks before. To trace the possession"! of the axe to nearly the time of the murder I would have be,'n invaluable evidence, and yet; that evidence came out and was allowed to pass by uncommented on. When he was with the deceased at Mrs. Dawson's hut/he said he' was going home to, cut wood, thus showing that on "the day on which the murder was alleged to be committed, he had an! axe. The Judge commented on the want of disclosure of motive, the only evidence in this direction being, he considered, the fact that the i deceased had put his hand in his pocket "at Mrs. Dawson's and offered to pay for the meal !he had had, and which might have excited the cupidity of the prisoner; but it must be ..mnembered, said His Honor, that the de-t-e.^eU did not draw his purse out. Such evidence of motive the jury might justly disregard, but in reality thecourse of the evidence did display a very distinct motive The pri-oner had often expressed great anxiety to, obtain the means to return to \ ictoria, and, without seeing the young man's purse, it was nitural he shou d infer that a person .intend ing to purchase land, although the payment for the same had to be made in town, would not travel without money. The prisoner | three weeks afterwards left the neighborhood !on his return to Victoria; in the interval. I the only proof as to his having money was, i that he worked six days a! ploughing at 7s: a day. Not only then does the desire to return to Victoria argue the motive, but the return almost immediately afterwards indicates that the motive was not altogether unsatisfied.

To sum up—the points which the Judge urged in the prisoner's favor, the absence of j motive,'and the time which had elapsed since he was seen in possession of the axe, were both constructively weakened by the evidence of the desire to return to Victoria, and by the admission of the accused when in company with,,the deceased, that he was going home to cut wood. The evidence of Tuckwell, which the Judge told the jury was the "most important" in - the case was inadmissible according to the practice of British law. To receive it was to allow the flimsiest evasion of a great'principle—that a person should not be entrapped into criminating himself. Fratson was virtually arrested on board the steamer; no one can question that had he refused to quietly accompany the-Detective on shore, he would have been compelled to do so. Neither was the evidence in itself important. Fratson was told tliat a. man was missing. Suppose him to be innocent, what more natural than, that in his desire not to be detained, lie should at first deny recollecting mDeling him ; and when pressed on the point, admit having done so. Kay, supposing j Fratson guiltless of the crime laid to his charge, and that his assumed victim really left him, as he states, on his return to his cottage, ! it is quite possible that at its first mention he '' may have forgotten the meeting, and the mention of the accompanying circumstances recalled it to his recollection. And yet the jury were told that this was the " most important " testimony.

In cases of circumstantial evidence, the chain of proof is seldom reducible to a mathematical certainty. In the present instance, we - believe the ■■.■testimony pointing to the prisoner's guilt is strong enough to justify a conviction only short of certainty. It 13 too generally the case that .morbid, sympathy is felt for the murderer, and the fate of the dead man forgotten. So frightful a crime as this calls for retribution, and society would suffer, if, through weak Hesirafion, it were allowed to pass un-puuiuß-d. It is with no desire to obtrude doubt on the verdict the jury arrived at that we have analyzed the case ; but with the wish to trace to its origin . the morbid, doubtful feeling of dissatisfaction which, in some quarters, is expressed at the result of the trial. It is not of the conclusion, but the mode in which it has been arrived at, that we complain; and this feeling is generally entertained. Indeed, the Judge himself seems to share in it;'.for, Whilst he told the prisoner he could hold out to him no hope of mercy, he omitted the,almost stereotyped expression that judges are wont to use—the jury could'have come to no other conclusion with the evidence before-them.

The Wesleyan Church, iv Dowlincr-strect, having^ sustained so much injury during' a ream1" gale as to render repairsand strengthening nectg-"1 sary it has been resolved to combine with; the-eu-torced; w-prks the long-necessary one of .'extendinjr "ihe area of the building, and so to carry out the whole as to add to the architectural effect of the structure both internaliy and externally: A .meeting of the members arid friends was held last evening, in I)r Bui-ns's Church, to hear explananations as to what is intended tobe done,.and to Arrange for Raising necessary, funds." The lUv Isaac Harding presided; and Mr Mason, archi?; tect ■ (Messrs. Mason and Rosst) attended with" plans and gave explanations'.' The chnrch will now accommodate 500 persons; and it is intende I to provide sitting room for an additional 150~ by erecting transepts near the northerly, end. There will' be pointed arches' erected at, the junction of the aisle and transepts.; and the transept roofs will be carried nearly to the height of that of the existing building. When the building is cut through for this | purpose, the strains and twists- caused by. the gale I will be got rid of ; and subsequently, the- beams. ' king-posts, etc., will be introduced throughout, so ! as to convert the roof into an ornamental trussed ' Gothic one, in place of its present bare appearance, rendered unsightly a3 it is by,' irmtie-rpds j at the line of the spring of the roof, and by awk- 4 ward ties or trusses of timber, wliich have been useful but certainly are the reverse of ornamentali'i The window at the north- end wiir be .removed, and one "of, Gothic tracery ; and some lesser changes will be made so as, to render, the i interior as nearly as possibly Gothic throughout. As tofunds, it- was announced' thnt' ,£430 had | 'been obtained, t througrh the exertions.oi'the minis-, teiy aided by a few"of theofficersV and during \ last evening £120 more was promised. As the j total thus in hand is probably not much more than half oi what is required, collectors were ap-

pointed at'once to wait uponVknown friends whom the inclemency of the weather prevented attcncF. ing- tiiv meeting, and afterwards to appeal more cenerally for aid in the good and most necessary work of Church extension. The reverend chairman said that he should start on his ministerial visit-to the D.mstan diggings with the conviction that the friends he left behind him would obtain some aid almost wherrver they applied; so far hehad met with only one gentleman who had- de- ! clined to' subscribe, and that gentleman thought that all he could do ought to be done for his own church. Various arrangements were made as to the canvass; and.the ..meeting, was closed with singing and prayer.

Yestorday morning was ushered in with a bright warm sunshine, but a boisterous wind and clouds ot.blinding dust. As evening approached the wind became cold, and just before sunset a few flakes of snow began to fall.

The musical entertainment at the Commercial Concert Hall, took place last night as usual, and went off very well, notwithstanding that, owing to the unfavorable weather the attendance was rather small.

Mrs Centlivre's comedy of " The Wonder," or ." A Woman Keeps a Secret," was produced for the first time at the Princess' Theatre last evening. The comedy is one of the most elegant, sparkling and finished known to the English stage. It was well got up and well played, and may altogether be pronounced a success, although some of the faults incidental to a first representation were at times to be detected. The burlesque of "Cinderella" concluded the evening's entertainment. There was a very fair house. For to-night " Cinderella" is announced for the last time. We are pleased ?o notice that the management announce their intention, to give a morning concert on Friday.

" Ambition ; or, the Tomb, the Throne, and the Scafiblil,"—a romnmic drama in four actswas played at the Theatre Royal last evening, for - the first time in Dtinedm. It is startling'and strong enough to satisfy the most exigennt craver for dramatic excitement; and it was put upon the stage in a manner superior to anything yet attempted at the Royal—well as some pieces have there been mounted. This is an outline of the plot: Etheiwold, Earl of Derb}% meets Catherine Howard in a humble sphere, and suffering. He weds.her. While living with her, his marriage unannounced, the licentious Henry VIII. sees anil likes her—to have written " loves " would have been to disgrace the word. As liking means having with Henry, the Eirl gets a potent narcotic, gives it to Catherine, without informing her of his plan, and then announcing that she lias died, has her nobly entombed. Henry vi^ts the vault, talks loudly of his love, and places on a fingor of the supposed corpse a betrothment ring. The Earl comes to the tomb just after Catherine has re. covered from the effects of the narcotic, He tells her all and proposes that they shall fly to Franco. Catherine's ambition is roused by the thought that she might have been a Qa^n. She induces the Earl to remain in .his London palace; and Henry being about to start on a military expedition to Scotland, proposes to gh- c to the Earl not only the- regency during his absence, but the hand of his sister, the Princess Margaret, who truly loves the Earl. Of course ho cannot accept the proff-red wife, and does not want the regency, so he refuses both. To escape the.deadly effects of Henry's rage, he has recourse to the narcotic ; and he gives to Catherine the key to the tomb, the only other one going to th? king as h:ir to tha possessions of the last of any noble line. ' Catherine presents herself to the. King, is offered immediate marriage, •and flings/the key into the Thames, intending that the'Karl shall recover from the effects of the drug, only to starve and rot in the tomb. But the Princess gets the second key, and going to take a last gaze on the face of him she adored, she arrives barely in time to save his life. As be knows all the secret passages in Whitehall, be surprises Catherine when she ventures upon the throne ; and he afterwirds gtts into her chamber, remaining long enough to arouse Henry's jealousy, and secure Catherine's condemnation. The victim of ambition bribes the executioner to leave London jiHt before the hour fixed for her execution, so as t<> gain time for an appeal to the King, but the .Eirl accspts an offer m ide for au impromptu headsman. Although he believes he can chop offthe hca-1 of his wronger, ]v> does not wish to survive her, so he takes poison. Oi the scaffold, th 3 husband an 1 wife exchange forgiveness ; :the earl is overcome by th<j poison as he raisbs the axe ; and he dies as tha rnnaw.iy executioner is brought hick, and Catherine swoons upon the block. Mr Holt was the X .rl of D.irby, and while he acted finely throughout, he was especially effective in thc'scane.* in vrlwh he appears to Catherine, and, recounting his wrongs, announces that he is her domi, but that their i fates are united. Mrs Holt brought out forcibly the impulsive ambition, and the fitful fiishes of pure love, which alternated in the bosom of the beautiful and weak Catherine. Mr Wolfe did his best a3 ILjnry, but he is physically incapable of looking or speaking like the bloated sensualist, which the "Bluff King Hal" had become at the period he married Catherine Howard. TII3 other characters, all important, were on the whole fairly played. The tomb scene is admirably'got up. Tnere is a Jong dim vista of massive pillars, rudely carved, and supporting t?ie;rough gainings'of the arched roof; a dim light swings high in the air, and upon a lofty tomb lies the seeming corpse, in its snowy .cerements. -.The scene of the execution, too. is strikingly truthful. There is the solid scaffold, with its block, basket, and' straw, the Tower in the background, and the foreground filled with ■nobles ami officials. There was a very good ; house, and " Ambition" was a greafc success - Mr and Mrs Holt were called before the curtaiu jiiidhcaTtily'applauded. ;.". V

Yesterday,, the Supreme Court was wholly occupied with the trial of- the in lictment against Patrick Kinnary and John Mfilony, for assaulting Patrick Thomas Monk, at Wetherstone's, on the 20th August last; and at six o'clock the ju y rc--tiirnei, against each prisoner,^ verdict of Guilty of assault with intent to do grievous botlily harm. Sentence was deferred. There are indictments against the* prisoners and a thin! man, for com.mining a rane upon Mary Aim Smith, who was in Mouk's company at the time of the assault; but these indictments will certainly not be tried before Tnurs lay. This morning, a case of sheep-_ stealing, against Duncan and John M'Crea, will be taken first; and to-morrow is fixed for the charge of embezzlement against John Patten.

An instance of the smgular errors, which are sometimes made bv^foreuf'n'newspapers, occurs in .the Sacramento O ion U uler thAj'hna'i of'1 New Zealand," it propose* to give an account of the -gojd fiel.is in this Colony,.aatf omm.sn.c3s with a ,lbng-paragraph about the., &ichlan .gold < fiulds. Jlention is also in lie of theC>ro nindel diggi »gs, but not a word is said about-the Otago Gold fields I

We learn that there are at the present time in circulation in Dunedin, some exceedingly goodlooking spurious notes, and it is our duty, therefore, to warn our readers to be on th«»ir guard in takingnotes, lest they'be victimized. Yesterday we were shown one of these notes, which was id the hands of the police, who had obtained it from a respectable person who had innocently received it. The note we saw is in appearance like an ordinary Victorian or New.youth Wales note. It is a one pound note, headed "New South Wales," and bears the following words :—" One day tier sight, I promise. to pay the Bearer one pound sterling," and is signed "Tor the Commercial Betting Company,. N.5.W.," the signature being illegible. It is a very good looking note, and is soiled and crumpled and slightly torn, all of which tends to give it a genuine appearance. The smudge which conceals the signature also crosses the word "Betting," which is thus rendered almost unobsorvable. In the centre of the note is a well executed figure of Justice, with a ship and cornucopia, and other emblems. Altogether the note is such as any mau might take without suspicion in the hurry of business.

We were yesterday shown a sample of heavy gold from the new rush about seveu miles from the Junction of the Manuherikia with the Clutha. The gold was in large pieces, rough and bnt littlo water worn, and with a good deal of quartz mixed with it. It was brought down by Messrs. Alson, Jacobs, and Solomon, storekeepers, who suited that they had purchased 200 oz. of the same description of gold. According to their account gold was plentiful at the rush, the only difficulty being that there was not money to purchase it. Among the gold brought down by Messrs. Alson and Co., were many pieces of 14 or 15 pennyweights. They state that there were about five hundred people at the rush.

An al /re.co butchering establishment has been opened in JPriaees-streec, the proprietors of which; through the day and evening dispose of their joints of meat ao something like fourpence per pound under the "legitimate" meat salesmen. These last assert positively that " it cau't be done;" that cattle are worth more per pound with their heads, hoofs, and hides on ; that they cannot sell meat at such rates, and therefore the owners of the al /resco establishment must- of necessity be unable to do so. Strange as these assertions may appear, the proprietors do it and are extensively patronised by the working classes. Tne mechanic and artisan, the poor laborer with his wife and large family of small children and a scant wage, buy their meat here, and find it to their advantage to do so. Tiu legitimite butcher again contends that what is sold is not meat, that it eanuot be meat, but as it looks like meat, cooks like meat, and cats precisely like the meat of the largo concerns, it is really of very little consequence. The enigma to be solved is, how four or five wealthy butchers cannot sell their meat under tenpence or a shilling per pound, while a small man cau dispose of his at sixpence, and live by the profit.

£Tt is not very often in this Proving that farmers have to complain of injury to their crops £>r want of a sufficient supply of rain ; but we are tjJd that this season large areas of .springing crops have suffered greatly, and that in some oftne districts unless an iibiui laut supply of rain falls very soon, there will bs a very serious deficiency in the yield both in wheat and oats. The hi«»4i winds, which have lately blown with terrific violence on our co.ist. have e^enie I inland and done great mischief to th y homesteads of the smaller farmer..*. Miny of last year's stacks have had tho thatching blown off, and largo quantities of hay and oats hare been lost and scattered for m.les aroua-l. p tt . IC( . s ~.I VO i(] mdny inrffcjlllCt . s also sustained great dam ya. We regret to learn also that bush lires-have b.-en very prevalent, and that a great a..noanc of fi.ie grazing land has beju destroyed. LTade- t'l3 present notice we may mention as an i.tst nice of the richness of some of our agricalttn-al soil, tint a fu-.n-r ha> cultivated an acre of cabbages which he has been offered two hundred pounds for as they stand in t.»e~paddoeic, and refused.

TheexpeiiinentofformiugMaase-strcetwitlinine inch pitchers previously to laying on the small metal ha* prove.! quite succ^sJul. do half of th-3 street has iw.y been o^ui a week,, a-ri altlion-h it has been well testei with a great amount of Wy tru-fij, «,;, JJft ,. tu fi s has , flyt , a way or sunk in. It has given sach sati.stictioa to the several m3lll t(iVi of t!le Tmva Biarcl,to the .esi.lents of M iwstrwt an 1 to tnose who are interested in sub^autiaHy kid *trei-ts and tliorou-hiiircs, that applia-itio.w will be made by inhabitants of other parts of tlie town to have their str^fa form j.l after a similar plm It was from Mr C.^.umes, a practical roal in liter, tnat tiie su^.., t i,>;i ta l. iy d, wn Munestrcet with pitchaM-enuait.-d, and the TWn B.iard,nod U 4l>t f did «roll ia appo Mt in^ him the inspector over Mr• R», t th- contractor. The vror^ up to this tim •ha 3 b 3 en approved of and passed by Mr G^ v . mn^ r u a feff mor<j tlw whole of the contract will have b««i con pleted.

Dairy produce of most descriptions has of k'e bcec both scarce ami dear, and had we not reZ VG vT s]lV iati^ b™<*> bacon, and cheese fro.n Victoria,- Now South Wales, and v*i Diemen's Land, the market won! I have been without a supply in any way adequate to the demand In* owners of co.v, and the bree.lcn of pi^. w ,th mdk at 10.1. per quart, fresh butter at from o S 6«J. to 3?. per Ib, and pork at from Is. 3d. to l< * 6 1., muse certainly be in possession of gold fields of their own, yieWLi^r tt certain aul very moa«vmaking return. P mltry is easily reared in this province; ana requires bat very little attention • scill fowls are sellia- at Bs. p S r pair, an -l fresh eggs (not the imported), at 4s. pcrdozM. S.irdy those who aiEjct to despise oar sold ffchfo w j|| ~o t take exception at vrhat may be earned ia dairy enterprise. •■■■:*■■

A nrcvst desirable competition is being carried on rtwtvraea the proppiet-jw of riviL J, lt h establishments. Since the erection iif-w&.n, cold, and juairer baths bjr Mr, Bdssel, in Rattm^treet another enterprisiiiff ■jiccalator-has fitted up a vepjhi!Uao.ttaanlc'iintn-iU6.u set of bitha at the Octagon A;, cither of these esbiblishmenw almost any description of bath may be obtained from earliest morn till a late liour at ni^hr, at a comparatively trifli^ cost. A pp^e is now on footfor the establishing of Turkish baths, which are so m-uh the m^e in E. lg lanJ an-I other parts ,of tl»e civilized world.

The Town Board have of late shown a very anxious desire t.> msnd their ways. Maclajjjranstrcet, m a special degree, has received their at : tention. Having thoroughly formed and metalled ; % the road as far as the Bfc»ne-q.i.irries, they have .minced to ~.,ve the street from the Arcade to - b^vond the Australasian H^l.'fheoacemosfeim. passage street i» the to;v,i .no j:, .wiles tvith the best, a .id the result,is, that.--ownori --lan^on both .lie* of the rod are commencing to erect buildings, or enlarge aud iuiprove those ftlreadv m existence. " 7

Yesterday MrAlaHin, of Messrs It. B. Martin and Co., held a sale of building allotments at >ortt Chalmers, one of the sections being in a good business situation and the others j.. localities well suitvd for private resilience. Tboie was, however, very little disposition to buy, mid, in the.majority of cases, the allotments were either withdrawn at a reserve, or not put up for sale.

A correspondent from the Nokomai sends us the following :— i! The goll-fijll^ have taken a great clumge during tlio past week. Ail the diggers are truki »g wages, and mauy 9 to 11 dwts. per man per d<iy. Provisions are plentiful and cheap. Tho population nuw exceeds 1,000 ; and a number are d-ung capitally on t!ie Moa Fiat and jurictiuii of the Nokomai River. A p.vrty of lour rnon to:>k to tie treasury flfsy-one ounces.the proceeds of fbur wanks work amoitr^t five men, only four of whom were constantly at ■work. There nre numerous ciiws of jumping going on. I anticipite a large gokl-fiell here. Tiiere is a small rush to Mr Ilee.-s'.s station, and a reported rush to M'Nab's. The richest ground appears to be upon the bank and terraces alon^ the Moa Creek. Some deep sinking is going on near thy Mataura and the other side of the saddle." An accident, which might have been attended with serious consequences, occurred iv Rattra'ystreet on Sunday muruing. As a gentlem.in was riding along at a smart canter, his horse cast a shoe, which, flyiti.s in the direction of t-ie pavement, struck a young female so severe a blow on tie shoulder as to cause her to .sa^gera^ri'msc tirj •wall. Tlio rider immediately dismounted to the assistance of the woman, whom he found to be more alarmed than hurt. Hid the iron shoe] struck a few inch; 3 higher, a more serious injury j would have been inflicted. Yesterday about 11 o'clock a singular sight j wa3 to be seen in High-street. A small mob of | cattle were being driven down the hill, and when they came to the Cutting a difficulty arose, the animals having apparently a great repugnance to pass along the high narrow bank beside thy Cutting. By dint of the free usa of the stock- ! "whip, the creatuics were forced along sonvj little distance, one of the drivers keeping behind them j oa the bank, and another staying below and j plying them with the whip on their flank At. last they came ty a dead lock, and two of them were pushed off the high bank. Fortunately they slid down the steep side of the Cutting and alighted on their feet unhurt. Eventually all were got safely down the descent ; but for fully a quarter of an hour, all traffic was stopped.