SUPREME COURT.—CRIMINAL BUSINESS.

Otago Witness, Issue 568, 18 October 1862, Page 2

SUPREME COURT.— CRIMINAL BUSINESS.

Friday, ldru Octouku. Mr Justice frre«E.ou took hb seat i 1 the Court II <us" a! ton o'clock. CUAK'IK OF FIIAUDL'tKNTLV CoNVmiIVG I'l.-iUH.

Juiiu Fii/.-jera'd v s iiulic.ud iV i : 'tt lie, .'.'n^ liie { bailee ot ,1 cm of ilo'ir, fr.ui lu'fut'j c j.ivoi '■■ t the f'luu tj his own uso. Mr G.i!i,.s w.i^ for the def/me. Tlio (Jro'Mi PiO3P"ut>r (Mr Ilowoith) slatpd the case. Thu piiaiMier w.i-i cna.i.el b,y Messrs M irlin and John K'Mine iy to ob'.iiu fro in a storekeeper at Waikonrd i a to>: -A' flmr. aid to ci-t it i<, the U.iiistan digsiisiii^, thr-re b.i'.ii^ no po-ili\,i agicuiPiit as to v.irit should bo p-iid him for the work. Tno Hour was delivered to the piisjncr upon an order from clv T^osccutors, and was con\e\'Ld to the Duncan. There he refused to deliver uuleaS h'3 was paid LIG) for th* cartace ; this thp pros c .to^o refused to pay, but oiL-red him L7O. In an o'diii'iy ci-p of this Kind t!:e bailft would have h"ld tli'lhur; bi.t the p'isoner lud no place 111 1 which to remove it fivmi his dray, and there w as, of course, a g'reit demand for the flour. lie sold it ; and the j.io^outof.s, in stead of dealing ultti the matter in a, civil court, by suina for tho mi»i they behoved thjy h id Jo t by tho non-dclivny, had chos.u t > lay a cimiiul inf>un,itio-. The whnle question for the j iry was, v. itr-tli r tin mtentiun of the jm^oner w;is ftaurtulent, so as. in tact, to coiHtilutP a stealing of tho fl»ur. Ps'o doubt, the dour was soil by the prisoner t'u" L 190; and as soon as he had i o!d it he returned to Waikouaiti, and paM the stjielceep'-r I/2"~i for if. The greatly incieased value, it would seem, arose ul in os t entirely frr>m the labour of the pi ii ncr in Carting the flour to the dig^iux-. Hop nmjh of it was fairly due to the yio-ecut)!*, ai.d bow much to the prisoner, be \tho Criwn I'ro.secutor) would not undeitake to siy ; but it was simply f.iir to the pviioiiei 1 to cay, tint if he a--!v'j 1 too much for what he lul done, the pioiouaturs ceitunly appr-arcd to have offered too iit'le. Maitiu Kennedy -.tid that the agreement wns made for the current rate of carafe, mi the 12. h Sep'enher. It v,a< made bj his biollur John, at Waikouniti. ]>v Mr Gillies : Bjfore he laid the informatnn apaiiiitthf jd'isincr. he had learn-vl that ths piiboner had paid for tho flour. Tl'onias Johiiaiin, storekeeiier fov 3le->srs Biird BroLheis, at Wniko'niu, said Ui.it 011 tho Kkii Sf ptember lie d, livtie 1 to the pii-o »er a ton ( f flo ir, upon an order from Kennedy brothers. On ihe -JH ; i the prisoner called acramaul lemindci liim of the Ir nsactlon. He and that Kemi'dy Jir.ithe.s cml 1 not, or ".\ould not, paj the c.iftiie:that they told him to ti'<(j U c tlour away ; and tlu.t ns lie h <. Im,M ie h ' cam" to piy for it. He (the witne*-.) accepted p-iy ment, ant helievinff the o^'is nnl trims ictioa ro^ciu.le I, he gn\e 10 the urkoner the order from Ke.muh Brr.thtiv. Seiaeant Ryan said that at the Dunsttii h a spoke to the piKoner, c 'ns^qiient upon Kennedy's oom p'.aint about the pi isoun'-. rpfu al r.o deliver a ten of li_>nr. Tlie prisoner «aid th-t Baird Bntiurs, a> WaikoMriii, h.ul refused to deliver the Hnvupm Kennedy's oider. and that ho then pareiiased for hinuelr'. On hearing this, he (Ryan) ceased to interfere. By Mr Gillies : lie did not Imr anything 1 said as to a dis t ute about the r.\to of e.irtaue. Mr Ud'ics contended that fie f uts we/o not only consistent vith, but proved, an uttvr abs-ui'ce oi felonious intent on the pirtof the piiioner. It wa^ bevoud question tliat the prisoner ofi'ertd to deliver the iloui-, ami that theie a dispute as to tho cartage. Couhl ii be s-unpo-ed thnt the prisoner v.-...^ to remain at tho disr^in^ with the flo-ir 0,1 his ilray ; or that he was to tab; it back to Wai!;oua : ti * lie sold it, mtuially and necessarily, aid if Kennedy Brothers thought they were wro'isicd, their proper rem&iy w iis by a civil action. The cn^e wns 0e of the hardi&t he remembered to have seen in any court. The learned Juds;e in summing up, said he agreed with Mr (Hllies that John Kennedy ousjht to have been called ;ls a witness. III? evidence might have materia ly improved the c.i^e for the prisoner : but he (the judire) thotisrlit it wa- clear from the opening stat=;m o ut of the Crown Prosecutor thnt it was not his fault that John Kennedy was absent; because a moi c moderate or impartial opanini; of such icp.be ho (c ! ie .)ud»e) never heard. His Honor explained tlve law and the facts, and The jury at once returned a verdict of Not Guilty. The Jud^e said he entirely concui red in the verdict. But 1p wished to {rive a word of warning to Fitzgerald. He had no doubt beon placed in an unpleasant position, and had suffered much anxiety j and he ni!j>ht possibly have had such a verdict returned as would have necessitated a sentence being passed. All this arose from his doinfj an exceedingly imprudent act. He had a civil remedy a^aiiibt Ke'inedy BrotLers, and if he did not know'h'jw to act he should have consulted with the police in same way However, it was o\er now ; '"and,". -aid his Honor, "I am very happy that the jury have found the verdict they have." Fitzgerald «n id that when he detnandedLlGO for the freight, and Kennedy offered L7O, he a_sked Kennedy " Is not flour worth as much here now as it was when I fok the order ] " Kennedy admitted that it was. Had the value of flour on the dijtjimjs fallen, lie would have Hkeulops; butnsithad not, he felt that he was entitled to tho LIGO. Theie was net a store or an auction room where lie cou!d lod ;e the flour, and if he had delivered it to the Kennedys' th"y might cosily have gone off and left him without his money. Ire kneu'that he w.is doing wronfr. bill he thouelit he was bound to look to himself. Fitzgerald then left the dock. FonnHUY. . Henry Combe pleidtd a'uiity to ,a cliar^e of for^inc; an or.ler for L 8), on the B ink of New South W.i'es, ■with intent to di. fraud Messrs Comber and Doughs, of the Manidtoro Plain. — Sentence deferred. THE GRAND JURY. At a quarter after twelve, the Giand Jury having returned a bill, the w".t nesses in another ca<e were calkd, but did notau'wer. The Jii<l«e paid he was sorry that he "honld hive to ask t]it Jury to attend on some ether day. Theie were two or tbiei' new c.w-. m wiiioli the wilnos^e? were not yet, ready ; and in the one jiut called, there was a material witness who was evuected to arrive by thp City of Ilobart. The .liwv agreed to un^t at eleven o'clock on Monday ; his Honor tellinsi; Mr R. 9. Martin, who ?aid he had an eiiEcafrem.'nfc for .Monday and Tue^l^ay, that, he might be excused, if necessary. His Honor rem irked th'it be wa^ toLl that tlie sjaol was in a very crowde 1 state ; b.it he. had said on a previous occasion all that be could say ou the mattpr. lie did nofc know whf thcr Hip Government weiodoMia: anything; ; and tho jury could, of coiu'.se, make any presentment they pleased. The Jury then retired. MAysiAUGHTEK. AT THE WOOtSUKD. .Toiin Gibson w.as indicted f.ir t c tnan^laiuditer of Peter Ryan at Tokomairiro, <m the 20th of May. Mr Howorth prosecuted, and Mr Barton defended the prisoner. Sarah V/illely stated that* bptween 10 and 11 o'clock on the nisht of the2oth Mnv, the djcoa^ed knocked at her tpnt, ou tho Woolshed, and slie went an 1 opened the door. He was much intoxicated and veiy quarrelsome, and lip callpd out to know whether there were any "Irish Cockneys'* theie; for that if he could find any of them lie would ii«hb them. Sl.e told him there was none there, and advised him to ko to hh on n tent. He went away to tin* hack of her tent, and remained there, usin<r veiy lad Innctua^p j and tin eats. The piisoner Gibson, «itli whom she was livin" as his wi'e, was in the tent very ill The deceased had called her very bad names, and tlneatened to kick her. A& lie lcmninr-d at the back of the tent, making a great lmiss, she asko 1 Gibson to go and try to jret some other men to put him away. About five minutes afterwards, she heard Gibson shout, "Bill, m.ike h~4e with a candle. Tisoie'h some man fell ov^r the bank, ;w,d if you don't make haste, he'll be drowned." When (Jibsun came in, be said, "My God ! that ma.i's drowned. If old Hill had come with the luht, wp could ha\e saved him." Gibson alluded to Win. Ha ai brow. lie al-o snid, " If I had been well, I could have saved him." By Mr Baiton : Gibson had a vein burst in onp of his legs, and his right arm was bindagred in eon^cqueiKe of i>oils-. She never tried during that uiirht to coax Ilaiobrow into her tent. Ilambmw was more than half drunk ; he had si-<: glassps of brandy within two hour-*, in her tent. During the evening, he offered h-r a sovereign to get adiink, and as she refused. he?;avc it to lier child. Mr Howorth objected to the course of the cro'bs - examination. The Judse said that he had two of three times bppn about to interpose. He could not see what tlie object of the learned counsel was. Mr Barton : If your Honor will look at the depositions, you will see at once. The Judere : Jt is not for me to look ot depositions in order to justify a cross-examination, which, so f-ir as I know, is irrelevant. Mr Barton s.iid that in all his experience, and he had pleaded before son*e very learned judges he never was jnwented taking the iine of examination he had now done. He wanted to di&ciedit the evidence of Hnmbrow. The Judge: I must decide against you. Ifllambrow, when he is called, s,a\s anything aifoctiug your client, you might rppal this witness Jtr Barton said that ifc was not for him to call wifnppscs, for he did not want to pfivo the Crown Prosecutor a reply. Besides, recalling n witness was mater of favour, and he claimed to go on with the uross--exnmination as of ritrhf. Tbe Judge: You ate asking a series of questions about a urn know nothing of. Mr Baiton : I want to break down his evidence. The Judge : At present, Ido not know that Ham bruw will be called as a witness. I cannot allow the questions. Mr Baiton : Then your Honor had bettor defend the prisoner jounjelf, for I declare I ennuot. l»e »udge snid he could understand a desire to recall tins witness, consequent upon something that might transpire. But it WHS certainly new to him that counsel were to cross-examine about a man who wa? Dot before the court, and who might not be

called. _ If the principle was allowed, the examina- | tion micht be carried on for any leuith of tim". I Mr Hanon admitted fi-ic it nd 'iS. IL. co.dd ask I anjth'.n^ in c:-os*-"M l.waiio 1. Th^ L.ti^t (K"idcd 1 cw-'s were to Ihe u!kc V, it '„)t .i-i, w.is niv'-va it ii • cr. s— px»ini'iaiicn. \. I > 11-uh'm >.\, if he was not ' en'. j'l, tli,' p.v; t',i- ill- ('i,,v,u uii'-r b'-ak doH-i. Tiiij - r mi_-.3 : T ..- 1 - v,[ ,|y .„,,*► j, c h , me i. nntn * t ll; , to j the iciev nu-y of -ii ; q i^,tl ii; put. i , 'tlv liarro 1 : Tlu.,- ib h't-iM ly i'Oiip, your Honor, | b.it the dbcivdon ofc 11 'set. j Th-Judup: Th ■ di-n-e'Km if the Point, I -hould | snv if coiiiim.l in his diso. Iti m, ju-^^es it >o t ir, the (J Htrfc m, so ii.ier o £ e. Here tnc cou isyl fur thy Ciowu Ir.is 11.toi.er • !. I ii.l >wed yon to r^k many 1 questio:is; but ho« lon^' is t\)U thin,- to ;<i 0:1 ' ' Mr Uarto'i : Youi i) in r mis. 11 yin thijdi pro- | per, tell tli*-: jury tltat rh.j evidenco i- tr'vbw.uc. Tha Ju.l^p : i ufc it i1.1i 1 - .1 >.id iv;i-ti. ot lime. Mr Barton ; Ir c tn.aot jv> a waste of time ; for if I can -.how that the tViicouy "*' a particular witness X i! >t to h -1.-. ht~d, befauso ho was drunk at the tiiii-\ sii'. iy t h it i s ro'ev.i.it. Tiic .lu'i^e '-aid that counsel was epitainly at liberty to try to break tl'iwn matciial c^id'Jllce n^iinsfc a pti■soncr. !)i'r net in fhi'. '.■•■i\. Mr JWt.vi bid on ■?->%!?; al o;ea.ion« el.scwhprp,beene I .scwhprp,been ref'is m i-cimi'-si'ip to rf-'il' a witness, .aid t oll tint Iv ought to have done v.hat he w.u, now clocks. I ior | at'Piup'.iii,' Mr 'loworth sail it was the most extraordinary proposition he cvn 1 ln>iird made that because a particular witness w-is cdled by f he Crown counsel Could p\tracr from that witness ficts tjiniin:; to impeach the character o'' &">>ne other witnobS whnui tie hupposi d it was inVm'le'l t>e.i". Tiic uiles wlih re»aid to " impvach-n- nt of credit, ' applied to the witness at the time bein» cx.sm.iiec.. The Ju '.go sal he c id 1 n->t permit Mr Hat ton to ci'iHime ""Thei" w.us of coin* a ri'.ht to uv n» („v--wi'-d any i\itnp-''-es he pic. s d, to iuipe.tcli testimony tclliiii» aa.ii.:s f the pii-tu, r. Wm. II -mb ou' -.raLc«l t'l J he wa, a miner, and on the nijdit in qu"«tion La la t ut at the back of tli.it in w'li.-h nib;<m and his wife lived. Ou th i f i.i o '!i% he saw the di-.-}i wj d, v. Im v lie did not know, but only for in<-t 'in inst.i .t. T!i ro >-. i^ in rrout of his 'fie witness's) tc-it, a w.i l er h hj, w..ich \».i-s piot. ct db> a mil M)'nuthinv; like t.\.if« j er hi};ii. Ilesin t.ie deC2.>e I one i!ov, a a iiank to tue fiotit cf tin- lent j an<l that h-inr.t the piis.ner rushed <.ut and either str-i'-k n: pijvhol lilm He ih^tmt'v heard a sr>!,' h in 111* water, a 1 d the dc-c's-.-d fried fjr ne!p. To (ho b. -!, .^r ! ii~, ii 'M -t it v. is the pu-di or tiie blowtint «c it th-> .tpci-t'jpd into tlie viter . Ti:e prisoner w.is it liis(the wiine- '■-) tent, having como tj ask him to t.iVe th."in.< r.so! aw iy, b.c-au--e of tho ins'dth !"> h.ul uiion. and wis vrivinr his ivt'-, \\ h"ti lir^i the p:i.- 3 "ne • ciin '1m ( r li-- ui'n- .-) \ ::., in Lei; thi. p.isom-r r mo n scion 1 tim- 1 and Lc fjot up ; and auain a third time, the piisu'ior came, \ In 1 liv (the nitvc-~) bad l,{>ht'd.-i i.'i)!.'' to :.o on! and s-_e what c.'ild be -lone. It v;. th n th it t!i" p.i-jiiei- r i-h^l at the de.eisrd. IJ. iwe-a th - f'n'-t ?n 1 i--fci --fc >'w\^ that the p'iso-ifr < a r ue. thcrj \"i> "' n^.iii'c 1 ' going on be'wcon tli'Mic-cea c t anl tl <; pn oner's wiio. bir.aly upon heat in ; the fp'.'i '1, h; (the witiu-^) wvnt O'U fvTsd haw th° (kvr .s>d on rlij top of tiie ui-.W, c friU'Ji>m fir life, lie '..'in unind to the low side of the bole, and was ,r.i piny, to v.c what he could do, when tlie wind I>!p<\ out i.i-5 candle. lie went; to the t»iu, cit auot'.cr HJi!, and In^lcel bac':, when a iivinn.iniid Tin.nas (,'ls'de mshpl int.- fii' water and ,att- nntpd to gc f the dec.^Hf.! out, but fai 1 . d. Mr llm\orth w.as exrninin»- tii" witness as to whethtr he was soliv.'r at the time ; when Mr. Hirtou objj'fd to a question. He did not think i<- was a ic",al olii.ct'on, but he thou^H the Const would ha^e into: peed to stop the Crown ProSt'cutor. Mr. Ilcwoi'th cons'deied this was an insult to the Cou.'t. The Judae : It is so. You say that you think the objection is illegal, and yet you stand up and insi&t upon making it. Mr Barton said that lip him < 5" I f, thought the objection notional, but he ;d«o thoiiL'hi'"floia the piwioua ru'in» - , thnt his Honor would think it le<jf;d. His Hi 1 ior hr.d 1 ulcd that, questions .shou'tl not Ie asked, bt';iuse fhry were not 1 •!• at th^ time, although they niiaht bcome . s o. md be submitted that the (Jivw :i Pro-Pcutor was now d n')s that veiy tiling. The Judcu said tint Mr B'irton .f-k"d .about .1 witiiCos who 'tad not appeared with a \ icy/ to bi.-ak down his ti-htiiiiinjv ; the C'own Prosecutor asked hnov.n witne-s mi ordinal/ i'iid common ciuPition ; and yet there was nn objection on the giound that the two thinprs were pau'Upl. It wl-.w 1 -. the lno^t utter wa^te of time. He hoped there w^'dd hp no more of .such conduct. It was rot only unfair to the pubic, by wa^tinfj the time nf jiuor- and witnesses, hut it was unbecoming and altogithcr I'iost irregular. Mr Haiton : It v cniod to b<"- quite irregular to do anj thine here to d;f mv! a prKonpr. lie w.i-« c.irr\ing on a c nr,visatii.n v, ifh his Honor witliout objection, when Ml'M 1 ' Ilowoitli int^'ji <~pd. The Judge : I will hear no more of it. Proceed with the case. Iliiialirow. in cross-examiinition, denied that he had six classes of brandy, or of any other t pirifcs duiinar the evening of the 'loih Ma/, he had not moro than three. He was always on friendly teinis with the pri*oner. On the iiiorping of the 2'3th, h» went to the priboncr's tent, jnul he there siid that lie thnnehl no more of 11 van's being drowned tlian than if be w.n a do;,'. Hi* siid that wilh icfeience to the pro\ option tiiid al'U«e vlnch the dei-eas.} 1 had civen to the jn-i.-onc-r and his wile. A man named Weston did .say to him, " Vr'illiam, v, ill git into a .--er,i])e. rJ.hc-!Gr J.hc-!G was a blow stiuck ," to which lie replied, >( I shall get into no so ape mjwplf."' Wcfton said, " I'ut tlir-io va.s a bhuv Mruck ; who did it?' to which hi- lC'dicd, " I shall a't^wpr all those q'u-E,- . tions in t'i'i piopcr place, ami not to yon. 1 ' O.i the npvt d iy, lnsni-i to Nirah Y-ul'dv, '■ (-Jibion will i><-( int.) tioiible ; if I was lii.n, I would mn awny." lie di I not s-ay to her. " Toil Jpck to hook it. It'"s a good chance for you ; I'll ke?n you like a lady if you Will live with mo.'' lie remeiuberel once asking' Vallc'y I to come to his tent* he de.:!inr-d to &ay wluit his obI ject was in making th-il re jue-t. George Weston, min f r, w:us iv Hay last rca'diiify at tho Wool.-he 1. Know Ilauiiuow anl tlio p-'iji'iier. Remembered the deepp.se I, O'Brien, b. in^ diowiud on the 2.lth May. Was' in hi-, own tent that evening and heaul an nltcroation betuejn tin* dec a^ed and some oMht per. on. About 11 o'clock that niuht, witness heard the decr^sud jn.ikiiig snme enquirjes at Gibson's tent. Could nut say v.h.u about, but immediately at'ft r the dpc n iiscd ': tvnii to usp very bid lantiuage t'i Mi >Gib«ni, C'lis Va'.hly), tiii^hecmtiinicd to do for some timr, a d the privnicr at last came 01 1 and iutr-r!Vr,;d. ileaul Mrs Gibson use bad langu ijjp towards the deceased. Heard her then, nsk the dccc ised to come into I h'» tent and say what hs had to say. The decease.! refused. The prisoner then tol-1 tin- de. cased that he wa-, taking advantage of him, but that if he (the nrisu.irr) wtro well, he would com.; (nit and give the prisoner a good hiding. Th woman then seemed to act excited, and ran to the hick of the t.-nfc. and askfd tha dt-ca.sod to come tliprn and s'>y what ho hid t) my. Heard the deceased go toward-, Mis (-Jin^on. There was a water hole ai the back of Main brow's tent. Ileaid a blo.v, and a splash in tin 1 water. Uu th«n put on bis boots, and went out. The i>iisoiio t - and his wife were sinking- out for help, staudLnq; bytlambruw's tt-nt. Hainl.rt.w w.'u tniug to jr^t a li»ht, bat the night was very dark, and thp li^.it woiiil not keep in A man named 1 !n:ni-> Clyde, cune up abjut fhe oi '>W niinuirs aftci the <lereised w-is in the wa f er, Olydpphin-^1 into the water to try to rc-ciio thu doi.ca-s.cd, 'n;t the nnl ion of the water caus-d (ieccast-d 10 sink, and Iv did not rise again until he w. & dr..«gel out. Alter the man wa/\ot out, v. ituc. s fe.tch»d a doctor, and the doctor ordeicl hot water and blankotK. but they, being short of fuel, were unable to g< j l plenty of hot water leady, and tho ma-i was not reeoveicd. Crovj-cMiuincd by Mr Barton: Was a mate of H.imbnv.\ ard Clyde was abo. lla-l a faint n-co'-leoli'Mi of -.avlnir sniutth'iig to Hanibrow about there being a chauco of hi a gotiing into trouble about this case. Mr Buion then preceded to address the j'irv; and. in doing so, observed that it wis hi.-, niisf.n.-tuiie' and that of the prisoner, that rhe law here differed in some respects from that 111 1 which ha had been accustomed whcie heiiad prpcti-ed bcfoic. Hi& Honor ?aid that this was opening up an argument that lud aL'cidv been settled. An argument enbiied between his Honor and MiBarton, asto whether c ,uns,d had a light to icfer to a matter of evidence which had been alrpadyoy. 1 ruled by the court, HU Honor insisted, and Mr Barton then fore ad Iressed himself merely to the facts a3 tiny appeared in the e\idcnce adduced, pointing out the probability that a man, drunk and lightablc passi.i<> alo-.iu a nanow bank between a tent and a water hoie might fall iv by accident, no aKo pointed out that the only evidence cf a direct nature against tho prisoner was that of Ilanibrow, wdio, according to his own evidence, and that of his mate, the last witne&s, was in danger himself of getting into trouble about the mar.'-, death. He also dwelt upon the fact that it was quite po^He for the pri-oner to have pushed the deceased off the bank accidentally when rushing out of the tent. 'I lie Ciown Piosec.ifor replied at pome length. IH3 Honor then summed up. going through the jvholeof the evidence with much care. The jury retired to consider their verdict, and after an absence of a few minute'?, returned with a verdict of NotOuilly. The piisoner was discharged. The court was then adjourned until Monday, at 11 o clock, his Honor informing the jurors and witnesses that for convenience sake he had fixed 11 o'clock for the beginning of the week, but that they musi, bear in mind that ou other dajs the court would su at 10 o'clock as uaual. Monday, Ootoiiku 13, 1802. The Court sat at eleven oVock, but it was nearly half-past eleven before a cw w.as obtained in which all the witness were in attendance. When tbe Grand Jury was called, His Honor remarked that it would be very necessary to make an alteiation in the mode of swearing the witnesses to go before tlie Grand Jury. The present plan of calling each case separately caused much inconvenience and

interruption, which had hitherto been felt, became of the B'nall number of Iho o-i,es It, wo-ild bu batter hft-PaUpr to caH four or li\.> ra-e? together, which woul 1 fjitai lly 1" t-.ii"i,!n.iovi"[-e'it.

CnAxcr.; ou' 11 .KSt; m'phltko.

A'o'uba'-! <J.i-,ip121l (i.Si, 'v', (1 i,.^ n ont on bail wa-, c'lai-^l w ; t<i sf-iini, on the 2Slli 'lu;'us», .-, in.-!!-- Hie pr.ip-.ty of V,'-!!iatn Jjlim Uicr. °Mr ■ <Nit)i ap.varcl t'.>v tin: p:i o'ici nr T l ii v c ' : "" 11 i:> " !M - Clil - or ' i» case, taidthat JlrDyer was rot tiio ab-olutu owner of ths iiorsp, but w.as b.iWf> Modvs. Youn-- and Mc(ilashan. About lh c y'-a_rs a«o. tbp nwiv, with another , s-.raNed to the Maori lle'ervc, near the Taieri, an 1 re.nai.i>-d there for simp time, w tl'mi 1 riy one appoarini." as Lor ownor. The pii-. mer fivquentiv lod: her, iind sr> iiilj»j>]f r.rtCiin r!)c;vijiho!hi;')d ; and in Doivm'ier l§ol, the prismer hhi-rted in the Witness nc-.\-p;i|,er, one of time .si_natictint advertisement; which announced rhat if a maro. whioli wns desci ibud, was not owned within a cei tain time, she would lie sold to difiay expenses. All the expenses whiph ba could lrue iuounjd, weie those conucctt 1 with bi'eakin;; iv the mare, which he had no risht to underliike. ard t'n? o't ot inscru'm,' the alvfrJis^njcnl. M<: M. Glaslnn was led t> su-peot that the mart! v,a> hii, and having »one to the Taieii, he a^ieed to sell her, on credit, to a mm name I Palmer. Moa"i childien and others craiim;cd 0.-c.a-'■ionally to ride the miu-e ; uu:il a'-oat Api if or M.ay when Mi- Yiup.!?diiected Mr. Dyer to apply to Mr. Palmer for j. lynunt of the piij'p or to five up tho mare. Pdnur did the latter and Djer, being instructed to sell her, took po-ses-iou of her, and shortly afterw.ijds cautioned the pii-oaer not the use her awin. Kd Uiinu.-, wist on uniil j'i-,t su.^sequent to tlie (liscivcry of tup iJanstin di','-.'iu^-!, when thrpiisoner and three others started for that gold field, the pih-our-r taking the hoise wi f h him. Mr JJyor cave i'it iriiuition to the po'ice, and the party w. a, overtaken near the di«rf;iir,'s. It would be prowd that on the road, the thr.-e can i ;d f~v.n<x% and that the jirisoi'iT ltd Liio mnro, which Ind a sack of Hour on her back.

Mr Si ulh submitbd tint, on the ruling in Rrs c. ,-iampwi, theie v.as no cas 1 . It wis lai 1 down tint the pos c >sii>n of btob-i ]>ropeiry leco. t'y after itf, los-'. if unexplained, is piv.-,mnuti\» c\idwice cf the party havinir «to'pn ii ; but. after the lapsu of sivteea months diniinr -w'ticli thr-re !>.a-, b> »,-i no . l.iim, "i" p vs'm will not br- ciiled upmi to acjount turtle uunii-r in which the propeity c.".me into his posacssiwi. Acoidiii,' to the Ciown P o~pcu tor's statemjut, thei.Mnu-,1 have be n iuoiv th.iv oixWn months ot nnqu-'siiuned \\v of t'io nsaro by the pii-oi:cr. The Jiulgp snid li" soul I f-urt.-inly not sinp hl;o canx The law ww cle ir'y laid down' to llu-. elrlct : It a man finds j-oods that li ivu actua'K- bjen lost, mthat \v may reasonably nelipve to have" bwn lost, and iinpnipiiat^s them, with thf intent *<-, take enlhv domiiiion over them, veallj believing that ihe owicr tainiot b° found, i( is not lnivny : but if, with like i'ltei t, lie apprnpiiat.-s. Ac , be'Lvim; that the iwiv.c"ii I,p foa"d. ;t; t is huveny. Hup' Mcc t'rs ma-e hid b -pn runiiii'.i,' in tiie le.sl.rve rt.ir tin to years and hud been tuad by the prisoi er, ho w.i-, aiteiwanis cautionei 1 by the owner or his .-v^cit it »t to u-e her air. moie; ii'i'l if he tbpn appiopuit d her, it, w.vs a neiv and- distinct taking, wiuch nil^ht consl ; tute a tV'o >y .

Air Dyer was cro3<-examin?l at g^ear lenjrth by Mr Soutli. Theie w.is no doubt (\w s.aid) that ha distinctly cimtioned the pii>oner not t1)t 1 ) uic the marc, but, lip would nof swear vlu-ther he >-r.i 1 fha 1 " '■ha was his own pi-operty. or Mr Yoim^'s, or Mv 11 GlaMia'iV, or lles^rs Young and M'Glashin's. The Mr Voun^ was Mr Wm. Carr I'oun^r, the foitman of ti.p Grand Jury. He would not ?\v. -ir that the mar.; was ever on the ferry hou^e -ide of fit- ir.vr, but he v;oal 1 swear that she had beeu in hij pos-n^Mim ; tiiat he ~ent his ostler to tnke char-.e of her. The l-)y«a> not oiie of the witnc->es When cautioni-d, the pnsoner^aid that lie h.ad bro'cen the unto, and ought to b» paid for it. Tlu prisoner mi^ht have asked luin topay for it, but he (the witues«Hl c niid that the prisoner evor irade n,n> tiling like a (.c:iriul on him for compcns-iti'in. He knew th" pi io.ior's f,it;<er and bio'her. and had had a dispute wi'lh the brother about payment for a boat ; but ho had not the Wi;»i:tcst ieeliii^' of ill-v. ill ag.sinst any membn of she i.imiiy. John Hiov.ii. a imif ,\asto. s.iid that he had fro«)'io;nly mo I the muv by rlie prisoner s permission. He once tnld Dyer that the primner^ail tiic mute wp.s his, and I)y;r siid, " Why, h,- do .«n'L want two or three years for kecpinpr her, doe* he .'"' Wm. Pa'mer, bjat'builder at lh:: T,i''eri, ,s?.id that although he knew of the nun> hcuvs v\ t ! ip rcs.n-vo for thro years, he lu-vor heard that Mr M'lil.ish.in l.iid claim Fohtr, until that I'cntlcunn ollcied to «•■'.! ln-r. She used to run wild— any where, iv fact. The adveiti'VßUienfc produeu 1 (in the Witness of Oecmber 21st and 28th, ISol) w.is 10 id to hm when it ap-pea-ed; and the prisoner told him that ho had interted it.

Harold Clements st.ited t'mt after the advc- tisement appe.irc.il. ~Mv Al'fJl.ish.iu cania to tl c T.iicri, .and ho ease, him a discripticiu of the horsp lvlerred to. .\[ > (!la-ii-.n wont (o tic h-ni-ii of (lie prisoi'-r's f.itlier, b.it there was no one in ; and he then sold tue mare t) Palmer. It wji subsequent t n this t'inl; the prwmcr broke iii the mno. By Mr Sou Hi : Tho maro had, to his knowlcd^p, been running; for more t^inn two ynrs hut it wai afttr tho advertiseme-H-that he fSiit saw the p.i 01.tr with Imr. The prisoner had tod him that he thought ho bad a c'aim upon t'iu maie, havini; ln-ok.'n hei iv ; a-id when there wa-s a cLrm by Mr ?.l*t Ka-ha-i, be uu iu-htood th;> p;i- >npr to say that he would give her up it the exj.ena.-s were pnid.

Mr Sou'Ji, in addre^ing- the jury, c intended tlut the incoption of the a -t of Inking the mai\; fc-^n ye us and a li.iif ago i\^ not felonious; and ilia' w!i,,n thu p v i oner fouk the mare on the 2St'a Aumi-t. he ;ic!fi und.'r a cdoar of ii,dir. Th' decidcl carj> -,fU!cJ that tl|N di_l not cii'tii'iite felo'iiou; i,.(ont It ".a- ilk di\crii-fl;ne>U insuriLu by the p-i^nif-r whi'di led to Mr }.!'(■! '.ashan gring to the T.iieii sibmt th ■ ia.n» ; and, in all probability, hal he the 1 semi thu puvoner ho would readily liavc p-.id thp expuic.^, ;.u'l Ibmwould hive bi-en an ewi of the mat'ov (L.lbrtui: i'clv, it fell into tho J'auds o. v ' Air Dv r Cisi-if J u-.!ic-c ll all li.ul v.ell said tlw.t it was the mi> t d ulonc th.it made the t'ik ; n,' of anothei'.s goods an act of felony or a bire tvo ).-.-r, oi.ly; he 1..U it dov.n thU in iloubtful rnitteis a jury sh-nild r.iihfr incline to .-icqnitt >1 than to convic ion, and that tho gie.a, test of felonious intfiitinu v.is taking or win. 11 dvu^cd with the act daijin^ it. The ovidchc,; was clear that the prisoner did nt-ither. Lord Kll.-nboitiu-j:ii in oi.o of hib rihlc cii il-<-o.<. w\i 1. '• ii i-i veiy 1.1 ik-i i.il to iu-,iiiv not to c-Mifo in t cau=i ■rt action wii'i folonv— cfa iv cf c'\il tight w.th puilicciiin"." Guild an/ man be i" c that the lad in the dock lul committed a pu'.iu crime ? The proper 1 cuii-dy, ;f one w.is i-r.ti'y needed, would have b"en an .auiioi. V> recover tho mire. The learned Judge, in summiii'i up, ]Xii'itod out thaf theca-e diffjied usa'eri.dly tt v o'ii tJie ordiiicrv one of adve. tiding a iior»e, whore th-j anim.d \^ s found on tho advulii rl-.r 1 -. run. ILm ->, ,mut- (intin-lya voluntary and unauthorised net oftlio pij.-if.ncr 'in having anything- to do with tha nnre. Ihere were Un qiifj-jlious for the jury -Did ihc prisoner when h<took th? m n-e oil the 28th Aiuust, act under a to'or of risht 1. and, at the time, h id he oleiirlv iv his mind a felonious illicit, meaning an int«nt peiin.nuntly to deprive the owner of her ? Jf not, ii the jury thimji-., that haviiic: riddeu dor s>o oft»n, and htivimj broken her in, he meant only to take h.-r f)r a. ride to the bnnstfin, and thpn to put her L:^k on the reserve - they must at-nuif the ju-i-oi"!-. l'.-r it In I i een held tint if \ uyin took a lior-e on<- of a stable, iodt« her a uistanco and left he." in a tii Id, alth'ji,-;h uu o.ibtedly guilty of trespass, he would not have committed a lari eny.

Tne Jury retired att"u minutes after tin ee o'clock ; and at a qmrtcr after four returni,d \>ith a verdict, of Not Guilty.

ciiahte ov uncrxY,

Thomas Bcnnott w.is indicted for stealing money, the pmverty of lliehird WooHiy.

Mr Wilson defended the prisoner. The pioiocutor wns the contract .r for the erection of the tch-n.-aph to Port Chdliueis. and tbe ]>ri<>i ncr up to the beginning of Auan -t had been omploved by Tvir Pi'mcr, the sub-contrai-tor. (,h t ! i>' evening of' Friday, tho Bth August, tho pii«oner told the pio-se-cui'or rhat- tlio men who were cutting po'es had fini-hel v/orl;, but would not deliver until tbay weie paid. The prosecutor refu^od to <-end money iuiotl.e bu«h. and ou the next di<y he told th" pi Nom-v th.it he micbt po to work again, Ihu prosccul»r being then completing the woik at Pilnior's c st. On thjTiYtondny morniiir, the prisoner stated tint thp pop? had been delivered, and asked for tho men's money, and tlie prosecutor then gave him sc en sovri-ijjns LG 10s for the men, and i(h for himself. The posts had not, in fact, been d. livered, and uhtn Keen at the en i of the week, th" pri-oner denied that he had ever re cpivoil any portion of the L 7. He wn=; given into custody, and L 2 3s U was found in his po'ks-ion. Mr Wilson submitted tint there was no evidence of larceny. The money was given to the pswmer to bt apidied to_ a certain purpo«e, and the p^sc-sum did not, in p"jnt of law, remain in the pros.'Piitor. Ti.ere was no evidence that the moupy had not been applied to rhat puipose. The prosecutor said that a demand was made on him, and he bad paid tho LG ]()•; to the men ; non cmstat that the prisoner had not also piid it. .Mr W'km quoted several cases, and contended that th're were three modes of indictment, any one of which might have lmen good for embezzlement, for obtaining money by Uhc pretences, or under the rni'dnltnt Tiustecs 1 Act (1800). The learned Judge said he must hold the objection to be pood, If there had been a Court of Appeal, to which a reserved case could have been at oneo taken, he might have let the matter go to the jury, and granted a case if necessary. But as things stood, he did not feel at liberty to rjsk a conviction on the facts It struck him that the prisoner was truly bailee of the money ; and if so, there would have been no difficulty in dealing with the case under the Fraudulent Trustees' Act. lie must now direct an acquittalTlie prisoner was dkehnrgpd, and the court rose soon after half-past four o'clock.

PRESENTMENT OP THE GRAND JURY.

Shortly after two o'clock, the Grand Jury came into Court, and the Foreman, having handed in the last bill, read the following presentment :— "The Grand Jury beg to express to your Honor

their_ deep re»ret at the increiise of crime in this Province, ps exhibited in !ho unusually heavy cnk-n-dar oi" the xjiwent session. Jhib it is no more th.an what nii^it be fairly anticipated as the result of an increasing population, cxtc-i ling as it does now, o\er att idely scat fc' re I riissy of m-wly dbeoveipcl gold field*, thereby the detection of crime is iuoie diflicilfc and the temptations to vice consequently greater. '■ Another cause of ihe increase of crime may be tiacel to the admission of 'Tio'at of ..ens' urn into thi? Pi\r, luce f-cn the Aiistnlian (Jolonit'S— a praericc which onriot he too highly e.)nd«;.niied — ar.d in oider tr> arr^t the Kroniti^ evil, t!i» Grand Jury M.ro;i^ly i. -cowmen ! the Local Uovernment to introliute, at th.j nc-ct session of Council, a p Comid, l'ie'venlion Act.' .similar in prino ! p!e to that which now obtains in Vjcfu-ia. " The Attention of the Grand Jury has ben pavfiouifirly dineted this besaion to the if.sccuiity of propeity entrusted to carrier!!, and the fraudulent praeti.'PS in connection therewith, in the neigMiorlnrd of the r^necthe dis;fling-, and also to crimes of a more forniidahle character on the increase then,-, in eas/isof aggravated violence to thepnvon Tlie admirab'e organisation of the Police Deprtment, however, is a «u'»iu-|- ofo~u•xrntul itioa to 'he PiOvine.-\ p.ad e>'ery confidence exists in the public mind, not only tiutthe Government wdi provi-lp f. r any emeigency, by aiding to the number of the Force, whenever nectary, but .■dso tint the tffoin of its otricrrs will he directed •itid rfiie'ent^ ussd, for the snppresaioa of ci-iuie general! v tlnoushout the Province. ''The want of enlarged giol rccommodation anil, more parti 'ularly. the imperative necessity for a separate establishment for lunad s. are subjects _ which have been so fio'inently uraed in former presentment*, and are nn r >w it L imderstoo I, ending the attenthu of the Govprnment that th- Grand Jury nerd hardly recur fc> th->m. iuithor t tan t,o express a Inpn that no time will bo kwt in expeditinc; the completion of work,-, of such paramount impoifcance in the cause of htiuinnity. "Tiwie is yet another subject demanding irarae.'.i ite a'frritlon— -\ '.7., the dcf«ctivo ventilation of the Co irt-liou-e. which npoeai-s to he unusually oppv^sive at the present siitiiv.', mil the jurors rccAin'neud thu appli •-iiiii of a remedy at once, ihit only for t\vi coii.f.ut of ihe ol!icM-e engage 1 in the a-lnvnistration oi j'i ti.-c, bit generally f >r the pieservution of the public hjilt'i '•Th» Grand Jury are fully sensible of thp great a-lvantigos that will accrue to the colony fro in the F^-intr of the several useful Acts referred to by your Honor. "The appointment of a Resident Ju'lire of thp Supreme Court for this Province, also referred to, dis. rvos cspc ial notice, not only as ccitifyitu a want which has been loncc pre-snuly felt 'by all clasps, of the community, but n!«>> in" rofeicnce to the happy selection of a gentleman for that imp)ilan; ofiT' so lmieh estit-iajd and otherwise qualified is Mr ßichmond. "As thi< may po=si>.ly be the last \isit of our Honor on j-vtioial buVne-ss with this Province, the Gt md Jury take the opportunity of thanking you for !he courte-y invaiiabiy sdiouii f> their bo'iy in this and previ.iu ) sessions in advising and directin <■ them ii the discharge of their duties, and th.-y have little doubt but that this feeling -aid be wnrrally parrHp'ujd by a' l who Invo b?en s-i-nilailv con-ner-t ■.! witii your Honor in the cour.-c 01 your arducus laboiain the Courts ot Dunjdin." (S gued) V.ll. Caiiu Ycng, Foreman. IHth Ocloba. 1 . 13G2. The Judie pin .nvly thnnke 1 the "Hrantl Jury for the term", in winch the" hl l referred to him ; bur it w-is -imply his duty to do what he h.vl done. He thoroughly cmnnrod \rith the remarks as to the introdiiPt:on >-f t ; o!c,?t-of-leave men; it was a pracriee tint cml 1 not be too strongly reprobated. Affcr the la^t s j s-ion h; complain, d to the Government about ihe ventilation of the Court House. They had eirlpavouml, and he bJioved bad to some (xte.it succeeded, in improving the ventilation, but it was still extra nely iinperfo"f. .He was very ad to heir that theGt-4-pinnu'nt were tilcintr steps to provide prop-r lunatic asvlumaccoi.im-jlation. He w.is t|uiie awair that aotion could not ! >e taken ha-li'y. but flat there m-iK 1 be c ireful con«id»r,iti«->n of the sul.jpct. The Governincnl of the Province of Gaute, bury had advertised in Melbourne and elsewhere, for plans for an ;i«ylura. oil'drin'4 a prize for tbe o-e sej.'cfed. Some very e'a'iurite piand h.vl b"en receive 1, and oin would probably be f elected for a building, which, v\heu completed, would cost L 30,000, but which was a ) de^ipiiLd that it could be competed in deparrments, MfcjTumo'lnii'o.i for a sin-ill number of patients bein^'atii'^ provided at a "ompaiativ.ly small expense. If the Provincial Govcnnnent of'otago hid not already adopted a d^i«n, it would be well, porh.i,^, d they tried .-oin-'f lunar of the sxme kind. llg b«>,)«il t]»at iijroium nh'ion w.nilil be provided ere lon^, for certainly it bad he^n a very cp inu evil, both heieand in the adjoining province", the confinement of hnatie« witli pri-one <s in th.« cr.ii's, or wi:,b ordinary p.i^wi.ts in the hospitals. liev..usnow happy to l-e a'lic t > du.di;\ri;e the jury He regretted tint, their duties la! be-in so tvdinus bir ho hop-d tint. l>v th>? admirabl-j provisions, with re'pp"fc to the police, camp would hs repro^d, so tint nerhaps, t'u next ca'endar would not hi io voiy hfavy. The jury then retired.

STTD.VIor.

(FROM THE DAILY TIMES COUKKSPOXDEST ) October 1 1802 The pnlirical proorr^s-s of the colony app^rs to bo ve.y much like tln.t made by the iii'.n.-ius infijvi lual v. ho uudc-t^tk to shrar the su-ino, th"'c i; i ulood crcat tv ,-md litt'o, \orv YitUc. wil Tin SiaJe Aid Prohilntion WiH the ricadti r ems' a ire of t'u- s-.^ion as niter d by the (Tiive:nmpnt. has c;itai:i!y p >w.! tlv As-cmhly by a laivem-ijoiity. but is still -nn.Jer consideration in the tfppor' House, Vie'C the f om di'sii-e cyiiucl to p <.t\w,ie ns lonir as pos-ihle t'se de oismn of the qup.-tion, it appeare likely to. lvmain ior Mui.o Lime tn cow. CVrtainlv tin- mo'ti m of t\,i \t t .rnin-'ieiifni! f.ir a c:dl of -.hu I1ou«p on tp.p 2jJnd of Of'fober, /■■•!• f'e consiVera'ion of (his bill was last niarht nc«!jtived bj -i ftivi<i im of 7 fos, and it was ( iecilei fode'ufe the qu^^lni th s iftjrno m, but it is to he io-irod th-it f uther d laj and tivatmmt of the siilyee; in a t;iihiu; and evasive manner vil be ihp 11"! us1 1"! us cf t'.' -j m h.i ui,h to d»-fe.it the rceisure Trio Loll Lt:\t) CS::i>ril IW .nn Hill, or rather an entiu-iv vcvr 111 pn-,i rttn- to b« th it bi'l bi outfit up by the Hi. •'oimuittei' to whom it was u-fprrel, iii an .rniiiidi'd form, li.is, after a warm debate, piw.-d tlw L ppcr Ilou-e. Ti.i* meas-ure proposed a house of 40 in":nbcrs. Thirty of ihe^- *o b.-> elected b/ a consti-tupi-ey i'on«!i tin-of (ho v> h Aa colony, the, decors to have a f.'e-hnld, leasehold or elucationa 1 qualification, an • the e'e.'tion t) ba conduftod According toa;i adaptation of Hi\\.-\ experimental Rvstnn nrquotis, t'-n n.e'iib vs to rttire every three years, an-1 to be rep:nml by el»clion ; tin lcuiainina ten to bo nominated for lif.«, and to be selected from persons who hive helil otficp adjudges, ministers sen.'itorss, or distinguished ci\il f-ervants, for a i;ivon period The At'ornev-ftpncial, who bad aiven notice last week of hii! liiteution to pron.y,e a number of vital amendments, withdrew those amendment*, (which would h.i\o entirely remodelled the bill, .'.fter beiinr bfat.-n hya lanre niajoilu on t>vo «f them. Duunyr the debate several ef the mcubers c.it into a hopo'i'ss shite ofentanfflenipnt in ondenvorinu to exp'ain the woriiin^ 1 of Here's system of volimr by quotas, whk-h system no one .ippcured at all to i!!idor.-,tnnd, and which was denounced by the hon. Cipt'iin Ward, who jtft"r nil, denied to know more about it than any other pei-on, as a ' c.uoe of pitch and to«s." Spocul.ttiDii is still rife as to who will succeed Mr »><Mitw.-i th. (who intends lesivincr the colony on tho 2-nd.) a PrPsMont of the Upp-r llouhe "Rumour points out Mr T. A. Murr.iv. rh*'' piv t ent sjieakcr as the imvt likrly p.Ts.Oll. whilst Mr A W.Scott, and Sir W. bX. Jl.inninn- are ,tho m-nlione( f . In tho Wmbly th' Gold Duty Ucliictinn Bill has passed Through Ooiatuittee. The duty is lixed at 1b (5 1 p:r oz, or Is 3d pc- 0/ if the sfold be sci.t to the mint. A wniuwliat lenathy but puerile discussion l-ok p'r.cc a few nights sir.cc. relative to a pianofti to whioh hal b<cn purchnspd for ftuvernment H.iihp. i up ol'jec'iou was taken on the gn.u-ul of the uncouslitntiotial co'wluoh of the Crovermivnt in apjn-op^in-Uns' moneys to purno'e^ for whii-h it had in vr-r been incpn-'e-l. Aitvr a stormy debate, during which Mr I)al,,dij!.sh and the Minister f.ir Work. s got to hi>h words, tbe money was <».untert. ° Mr D Buchanan, who resumed his spat in consequence of a fracas in the House, br.m-rht about by his di-crajpful conduct, st iod aurain for Morpeth, but was defe-iied by Mr E. Close, who now represents that c mstitupccy.

> (^'onsider.ituc discussio.n has taken place on Mr Sadlicr's motion, for Muni" relative ti> muil robberies, robbf-ri(>s committed on travllera on the highways, and houses plundcivd on the public rends by bushlvmu'ers, an I on Mr Martin's amen huent for addifioeal returns of ihe names of the I'olice apnointed under the Police Re-uhition Act of 18*>2. The deb.itu was long and st'-on-r, a-ul t!ie N T ew Police Act denounced ns impr.ietioable and a failure, and ad a aro-\3 svstoin of politic d patronnorc. On the other hand ie was avgued that it had iiot had a suttioiently lone trial. The imynded motion w;is carrried. Diirin!? the previous discussion on the Police Bill, MrW. Foster took occasion to comment severely on the stand tnken by the Sydney Empire on the question, more particularly with regard to th'i Burr.inEjong riots, stigmatising that journal ns " an emanation of all the ruffianism of the colony." The Empire replied in a leader it'll rtiiiEr on the conduct of Mr Foster with reference to the killing of an aboriginal, named Geary, in 1848 when that trentlemau was suspended from the com-mi^'-ion of tip peace. 5l:o news fioip Ot^o of «jlo new divings discoverod m that district w still taking large number* of chprgers New Zealand, albhonsrh many who wont there at the earlier sta^e of the rush, have already returned with indifferent accounts ol tbe richness of tho divings. Rumours are abroad relative to the vi-it of Prince uuc'n traliai ifc bein ? confidently reported that H.M.S, Kacocn, a Bt«am frigate, commanded by a

Gerainn Piince in the British Naval Service, had beeu refitted in July last for tli3 expre=s purpose of c-Mivejiug Hi* Royti Plighnes3 Prince Alfred Ernest Albert to these shores. What Xii, matter of fir more consequence to the people of New South Vt'ales, is the safe arrival of McKinlay's party ot explorers, who, 13 months ago, left. thfx-e'rVd d'isructs of Pouth Au?tra'ia, with the <"'!•,) .ft of j-kliti'.g Kyrc'ls 1-ik'j to th?. westward, and cxplotiijw thf countiy rtcently annexed, to, -South Au-tvilia, Th-y succeeded in uro-sin» to the Snores of (Jai pent. u in. ami tliesi mide to the southward and f-vcntually skbtm-jf the co.ist county of Queensland to the north of Port J)enison. They' had s filred some bird-hips, hut were nil in goad health and f.piiits. Yhpy pas.spj throuirh Sydney on tho wiy to ilel bourne, when Mr I\lcKinky was introduced to the Koval- Society, on Monday -evening las I.1 '. It is announced that a Money Order Office, under the management of Mr E.. A. Hunt, will shortly be establi-hed itt : this, should it be properly cairied out, can- ot fail to be n great public benefit. Lyst^r's opjratic troupe have jii'-t closed a hitrhly successful toasonat the Royal Victoria Theatre, which Im rc-opeuod with a good diamatie company, and with Mr Barry Fullrori. an Irish Tniijp.Jianj who claims, and (le-erve.lly holds, a, iiiffh p r .siiion in' the histrionic art. lie opened on Monday cvei.ing in the arduous chaiaeter of Richelieu, in Buhver's play of tli.it licaiiie, and was very well received. The I yceum Theatre is at present tenanted by Gardiner's equestrian aid acrobatic troupe, who ' are doing a good business. "he Maori troupe, introduced to this coin try by Dr McGauran, of Auckland, and who were _m> successful in Sydney, have proved a compirnfive failure in Melbourne. The great ,Mibjpct engfos-inc: tha public interest of late has been the New S nith Wales Rifle Association matches, .shot on the TJandwick lisxaev uvse. A lar^e number of priz^? were eiven, and the shoo ting throughout-, although rendered extremely difficult by the nafavorable windsand di^aarceablp weather wasverygood. The nvges vpried fr nn'iOOto POO yards, and tliphighpat number of 1 oints and hits made throughout the whole eiaht lmtehus was 35. On Saturday, tho third- day of sdiontiiig, the whole of tbe voiun'tepr forces were lPviewt'don tin ecround, and the prizes presented to the buccp^sfnl conipolitors by Ledy Young, addresses b..'iii£< deiiverel by TFs Exci'iieney the fcfovernor-in-Chief, and Sir \V. M. Mn-niug. The disannuls news of the total wreck of the Lord Worsley, v«as n cfived by the Uanqaiira on Saturday h-t, and catutd deep facliugs of regret thi-oughout the whole of Sj'iney. Ir 15 suppose*! tint (he total amount subscribei in aid of the Lancashire Ite'def lumcl, will not fall short of I/20,000. The line Tntercnlnni.il Hoyal Mail steamer Claude Hamilton, intended for the ti anspoi t of the New Zeal.vi I mails, arrived in Sydney on thelOoh September, after having been one hundred and ten days on the vo\no;e. The steamer Gothenburg arrived at Melbourne from Qfn»o, having onboard 7,G05->z of gold, and 30 pi.ssc-ng 3 rs. The Su"TCyor-Gei!e"al of New Soutli ¥, r .des, A. C. M'Le'iu, Esq., died at the residence of Gr. Cox, Esq,, Fernbiil, Muluoi. on Sividay mornint; last, at seven o'clock. Thedoceis^d gentleman was -tO yeiirs'of^ace, and leaves a widow with an inf.int child. The Isimented uentleman, who was much rrspected, was buried yest t n ri'.av, 'a larae number of ae*tlemen from Sydney attending the funeial. After so lon<? a drought, the weather has at last appnr 'iitly broken, an I we are to b>'fivoured once t.ii iv w : t,'i vain, nml rut before it was needed, for the country has stitF-ml very much from the iong '•ontinuar.ca of dry weather.

Looting. — Soldiers are no'hinff more than grownup schoolboys. The wild moments of enjoyment passed in the pilaire of a place live loiior in .1 soldier's mjmory. Although, perhaps, they did not cram six. p. nee by it, «till they talk of such for years afterwards with pleasure. Such a time forms so marked a contr Ist .with the ordinary routine of existence passed undn- the fi-jht Uanl of di-ciplin», that it beomesa rem.nkable event in lifj and is remembr-red acordinsily. I have oft on watched soldiers after the capture of a place, wandering in piirties of threes or f ,urs through old ranges of building, i n which the most sanguine even could scarcely ho»e to find anything wnr.h Invlus ; y.-t, every owe. ofthem bore about theui the air of enjovraent which is unnmtakeable. Wa'ch them approach a closed door ; it is too much trouble Jo try the l.itch d- handle, so J.v:k kicks it oper. Tiipy enter, .some one turns over, a table, out o F which tumbles peihaps some curious manuscripts. To the soldier these are simply waste paper, _so he li'.'htrf his pi; c with them. Another Inppons to look roim!, and s-es his fice represented in a mirror, wluchhe at once rewrite n^ an irsult by shying a f.un&io.il ivtit; whilst Bill, Fancying tliat the, "old K?ni!era'in "' in the Hm picture frame upon ilie wall is unking faeei ar iiim. rips up the canvas with his bayonet. Some fine s;:.tue of Venus is at, once ado.-ned with a moustache, and then medasan "^Aunt Sully." Cojk-sluits aroiaken at all remarkable objects, which, whilst occunyin? th n ir intended po>itioiHj spoin soni"ho\7 or othpr to offrnd the veteran's eye, which di-likes the in h'i^u quo of life, and stu !i<\s the incfrevja? to, iii'what after the minner ilr.t Colonel .Tebb lccoiiiiiiCnd-. to :dl country gentlemo 1 who arc dftiruis of cmvrrlin^ their mansions into nYf-ns : blc P^ts. The Inv of destruction is certa'nly in'i r.^it in mill, and the mo,c i-triutlv men are pr.'ventpd from indulirtnjr in it, so'inwh "tlie^more ki only do thov appe.ir ti j-f-Hsh it when opportunity occur-.. Fucli ;m t .-cplanution will alone satisfactorily account for the ruin mid destruction of property,, wln'oh Wins ?o qnick'y after tin: capture of any place ; t;d)h\s mv! c'ri--? !ni;-iol from the windows, ch-ks s.iumMcd upon the- pavjm Tit. and everything" no^ bs'rakah'e so injurpil a-: to be valuel'-ss henceforth, Soldiprs of every n-i'inn under honven have peculiarities coni'noii 10 all of ihe trade, and ihe .'mus^ments wlvc'i I havi'ju-t dfscrihed iv:<) amoiv^ them. The F"fi'i"h mu«t ccrt'ili'ly arc no exception to the rule. If'.h-* r :ulor will iimi»ino «imii(» ilrre thousind men imbued with such principles let loose into a f-ity cohkio-,',1 on'y of Maxims and Wnrdonr^treefs. liq nviy h-ive s>->mj faint id^a of what Yuen-.mingyuen look? 1 Jiff* aftvrit lrid been about twenty hours in p i-^s,ion of ih > French. The far -fame I pa'nees of a line of mon irehs cLiiininira o'hsti.il re'ationship. and in \>h'u-h the am Ins adnr of an Enrjli^h kins,' had been iii>ulted with imnunity, woru JitfeiH with "the ilebris of ..11 that M-ns pri/rd i:i Chii\i. Topsy-turvy is the only cxin-essi.m inourlanina-;.' 1 wh Mi n't all describes it«.stite. Tlw fiiwinil nroiimj thu l'wnch cuap ms cowr'd with ri'k<? and c'othi-i:r of all kinds, whilst th.> m-Ti ran hither and thither in search of further plunder, mo*), of them, accnr-":i:i<r to tho practice usual with so'diers n»on mu-1) o''cn;.io;i=, l-eing 1 decked out i<\ tho tnosj- ridiculous loikintr costumss they could find, of which there was no lack, as the well wardm'xsof his Impori.il Majesty abounded i-i curious r.iiio^nr. S.me Inl dros^ed themselves in .<').> richlv-embroiderod orowu-> «f v.omen. at:d almost nil had substituted tip tunic i tip Mandarin hit for Iheir ordin iry forage cap. (•tfioera and men ,seemed to Invc be?n Hzod with a tj«-mporarv insaniiy; in bodvand rotil 'hi'-y wore abwbul in one puV»uit, wh eh was plunder, plunder. t stoi Iby whilst one of tlv; rejriuynt--. ivi; s-ipposcl to be parading; but"dth.'u^i tin ir I'dl-in w-s <o'mded over an 1 over airai'i. I do no 1 , helievo ths avcrs^e was t'-n ippm of a com]>ntiy present. I'lun ioi in-.' in 'h]* w,\v bt a-s Jts ino-tcvil fru't in an aiuiy: for if, when it is q-ice comiin-nc )•!, »n cffirt hmalo to s-top it, the onh ob^v ; the md .'.o'.dicis c >ntinue 10 plunder, and bicitno rich by their tlKo'ie iience, w lillsfc the good ones «pc tint the inmicdiate eifee!- of their s'eadiiiess ii to keen them po,>r. 1 do nor, h* wp that it iq att n led with stioh dcnnr.ilisin v eft' cts in a French army as ii, is in onvs. The Pr.'uchnvn is naturally n, more thrifrv bein-r than the careless Briti^jer, who sqinndoishis money in lirinktapr, andstindinp drink to his nomrades^ Three day.-? nfrerwards, when the French moved into their position before Pekin, they seemed to have r. eained their dis-cijiine, and their men weve as steady under nrms as if nothing had occuri'id to disturb th' 4 ordinary routine of th"ir lives. — "Narrrtive oft !ip War witli China, 18 M." By Licnlenant-f'olonel G. J. Wolsi lev. New Miskuam. — It will, ofoour»,e, be interesting to miners apuprally to know that it has been determined by the Mininjr and ff.'ological W ] art input to ana'ysc, frr-.> rf cost. speeiuiPiw of all minerals or metals wluch rc-iy hi forwarded for the purpose, and the various district surveyors have been so instructed. The t?p"cim?ns must be sent through the district surveyois, and with each a descripttor of the locality, an approximate estimate of the quantity thnt might be obtained, iiint n ststpme-it :is,to the faei'ity or otherwise of working phoul Ibe s.mt ; but in every ense where the sendeis may de-sire, entire sceieoy 'will l>e observed. The great object of this arrangement is, of coui'oi\ to encomaue private search for new minerals, or metals : and, doubt'ess, the privilege 6f. obtaining an accurate anaiy-is in this way will ba duly appreciate 1 by our miners. — Art/us. Ni:w Di:=cmpTtox of Branding-Iron. Hfr W. Hiritor, of tho Southern Foundry, Geclong, has invented a now sort of iron for fire-branding or pitch-bra-idinej stock. He makes them of cast-iron, iho letters, which can b? made to any siva required are iai,-el upon the face of a small "body of metal' w,n,ph i&enos the purpose of reUining the'he.it for i considerable time. But this is not the only adyan. tojje ftiuneci-r-Uiese cast-iron brands will always" ne, tarn an eyen fiicf, and t^-s distniioe betwean the letters cannot be altered, as is ths case with brandg made of malleable iron. Jfr llunter.informaM.that these brands have been most successfully us?df 'and * that they make a clear and distinct brand. Tho same iron can be used in branding sheep with pitoh or tar, or for marking bales or packages of goods. Yeoman. j Cowr»,—Tf you wish your cows to produce much I milk for market,, or make cheese, you must feel on i clover or some other vegetable food to produce -curd I or cast-in 5 but if butter be the principal object' desireJ, you must feed with fn"d containing a largo quantity ot oil. sugir and, saline matter, as Indian corn, or oil-cakes, or fodder that contains fatty substances. If a. calf i^ wanted for veal, give it unskimmed milk ; if for farm stock, skimmed milk will answer, j