AUCKLAND.

Otago Witness, Issue 879, 3 October 1868, Page 4

AUCKLAND.

{raOM OUB OWN CORRESPONDENT.) , September 12th. The shipping returns of this district chow that a large accession to the number of our population has taken place during the months of July and August. The .arrivals have been 2319, «s follows :—: — July. August. From Southern Provinces... 489 ... 561 „ London... 54 „ Sydney 13 ... 73 „ Westport 80 „ West Coast 161 ... 212 „ IheAucldandQoart... 320 ... 350 . m ■ „ 1043 1276 The -departures, during the same period, have been 296 for places without the Province, and 295 within — total 591 : thus leaving a clear increase of 1728. The natural result is a briskness of trade which is very gratifying after the depression that has so long existed. The daily reports from the Thames Goldflelda which regularly appear in our three daily papers are of a flattering character. Last Saturday, the Bank of Australasia sent up 3|cwt. of gold, a great portion of which had been retorted on their premises at Shortland. The following are samples of the reports which appear :— " Heavy gold has been struck in the Black Angel Claim. The claimholders have been driving for the reef, the,face of which waa opened on Monday last with .splendid, prospects, or as a claimholder says, 'more than one-half of the face of the reef was a dazzling mass of gold.'" What can beat that ? A sample of quartz from the Marquis of Hastings claim yielded at the rate of over 102 ozs to the ton ! Tramways are about to be laid down at the diggings, which will be of incalculable benefit to the claimholders. It is said the Provincial Government are to" contribute some of the plant of the railway that has been bought and paid for, and so scandalously thrown away. The chief of Taipari, whose fortune has been made by the Goldfields, has undertaken, at his own expense, to put Pollen street into good repair. The old gentleman is to be commended for his generosity. The lucky Mr Hunt has this week been speculating in a different way to gold-digging. He has taken to himself a wife, and it is to be hoped he may be as lucky in this as he has been in other ways. It is gold, gold, everywhere. Last night the town was thrown into a state of excitement — and it takes precious little to do it — by the announcement that an alluvial goldfield, and s, payable one too, had been discovered on the East Coast. The following appeared in this morning's paper :—": — " On Thursday, three miners, who have been prospecting on the East Coast, came in to Shortland Town, bringing with them gold which they had obtained by washing. The gold was at once taken to the Resident Magistrate and Warden, Major Keddell, and a prospecting claim and protection applied, for. Notwithstanding the secrecy observed in the matter at Shortland, the secret leaked out, and one of the prospectors was diligently shepherded until he took his departure by one of the Auckland-bound steamers. We are not sure that this request can be granted, as liberty to mine may not have been obtained from the native owners of the land. Major Keddell despatched the gold to Auckland, to the Deputy-Superintendent, and it will be shown to him to-day." How many folks will go mad about that, 1 cannot say. The Bank of Australasia shipped per Lord. Ashley on Friday 3,1490z 3dwt of the precious metal (not from the alluvial field), the value of which was L 9,626, and the duty would amount to L 393 12s lid. The Supreme Court resumed its sittings on Monday morning, when Te Whake was indicted for the wilful murder of Nuku, at Hokianga. The examinations for the prosecution did not terminate until Tuesday morning, and those for the defence lasted until the next day. The whole of the witnesses were subjected to a severe cross-examination by Mr M'Cormick, who defended the prisoner. The learned counsel made an eloquent Bpeecn. He contended that the jury could not come to a just conclusion without looking at surrounding circumstances, involving native manners and customs. There was nothing to show that any malice could be attributed to the prisoner, and the case could not be dealt Jwith unless the position of the Maoris was considered. It was utterly impossible to adapt English law to them. Of course, English law ought to prevail ; but practically it did not in many parts. There had been a dispute about a piece of land, and each party had tried to throw the blame upon the other of commencing hostilities ; but at all events the tribe of the deceased built the first pah on the disputed land to command the roads and the very cultivations of their opponents, and then the tribe of

prisoner came in large numbers, all armed. Te Whake was in no way interested in the quarrel) and had no claim upon the land. He came just as any other would have done to support the quarrel. The tribe of deceased commenced fixing in the first instance, and Nuku was killed, because he persisted in breaking down a fence and in going along a road which prisoner's tribe had stopped. He (Mr M'Cormick) contended that the lamentable occurrence would not have happened had it not been for the action of the tribe to which deceased belonged. His Honour, in his charge to the jury, said that much of the evidence admitted at the trial would not have been received in the case of a European ; but the question of manslaughter having been raised, Mr M'Cormiok had done right in going into the antecedent oircumstances of the case, if the circumstances led to open war. This was the first case/ he believed, in .which the Natives themselves had referred the matter to the law. They were bound to administer English law, and to endeavour to convince the Natives that it was just. He remarked that the Natives themselves drew a distinction between the question of actual warfare and a state of preparation for war. They said that, whereas it would be quite safe for a person of an opposite tribe to pass a pah before actual hostilities had been commenced, it would not be safe to do so after the day of fighting had been proclaimed. It was clear that there had been no actual hostilities either before or after the d,eath of Nuku, but that the Natives had carefully abstained from actual hostilities. He would earnestly recommend the jury to give the fullest considerations to the state of the two tribes at the time of the killing of Nuku, but still the only plain duty before the jury was to administer the law, leaving the consequences to follow. The verdict of the jury, after about an hour's consideration, was "Guilty," with a recommendation to mercy. The prisoner, on being asked if he had anything to say why sentence should not be passed upon him, replied, "Ac (Yea). This is not my crime only, but it is the crime of all the chiefs and the other people. Maori customs have no rule of law whatever : if they say they will do a thing they will doit. Upon our returning to the settlement there was no day fixed for firing. They (Ngapuhi) crossed to the otherside underthepretenceof going to fish. They had seen six men going in the fern. This was not a Bettled thing. They had shot or fired at these six people; This was not the day fixed for firing. The six then ran away. The six then returned the fire. One of the Ngapuhi then fell. These are the laws of the natives. There is no fixed rule or custom as to fighting. When they saw us in the act of a war dance they fired at U3. One of our side As then wounded, the ball going into the side and passing through. One man was wounded in the knee. This was not fixed as a day for firing, but the day upon which this man Nuku was killed was a day on which a rule had been laid down. Hence my reason for stating that this crime belongs to the whole tribe." His Honour then passed sentence of death, remarking that he should forward the recommendation of mercy to His Excellency the Governor, and should himself pray that his life might be spared. And henceforward the Maori would know that if he killed a man under such cirstances as those under which Nuku was killed, it would be murder. This concluded the Criminal business. During the trial a considerable number of Natives visited the Court House, and from the gallery appeared to take much interest in the proceedings. The trial cannot fail to have considerable influence on the Maori mind.

As the trial proceeded, the foreman called the attention of the Court to the fact that one of the jurymen had received the painful intelligence that his wife was expected to die. Unfortunately there 'vas no remedy. It is gratifying to find that the Bill laid before the House of Bepresentatives last session, for amending and consolidating the law relating to jurors, is likely to pass this session. It recognises the principle that jurymen have a right to be paid for their services as well as the officials of the Court. It is Barely sufficient to require a serious sacrifice of time without expecting a sacrifice of means as well. Settlers in this district have had to suffer great inconvenience, and labouring men have been hardly dealt with. It is to be hoped, however, that the new Act will receive some modifications before passing into law. Some of its provisions are absurd. _If I remember rightly, all persons residing within a certain distance are to receive 10s a day, beyond that distance, LI ; so that one settler residing 20 yards from his neighbour would receive double pay. The most sensible method would be the American one, to pay so much per diem, and so much a mile for travelling expenses. 1 Nothing has been done aa yet respect-

ng the support, of the sick and destitute The Provincial Government it is said 1011 be enabled to keep open the Hospital arid Asylum for two months longer ; beyond that they will not have the means. The cost of the two will be at least L 750 a month. It is rumoured that some of our leading merchants are corresponding with the Government on the matter. At the Thames something must necessarily be done in order to provide for the sick, and for casualties which are of frequent occurrence. A suggestion has been thrown out that each miner shall pay 3d a week for this purpose, so that if any one meet with an accident or be , laid aside, he can claim relief as a right and not as a favour. The people Here are very hard to move ; they can do any amount of talking, as well at of writing to the papers. I really fancy that more twaddle finds its way into the Auckland papers under the head of "Correspondence," than in all the other New Zealand papers put together. There are thiee or four sapient gentlemen who seem as if they had a prescriptive right to the columns of the papers, and whose names are everlastingly staring the public in the face. Their egotism is wonderful. The ladies of Auckland appear to have more energy and perseverance than the stronger sex. The Destitute and Lyingin Hospital is a very successful affair, and highly creditable to the promoters. The general subscriptions have amounted to Ll4l 5s 2d. From bazaar and other sources, L 134 19s 7d. The expenditure has been kept within the income, and a balance is in the hands of the treasurer of about L3O, while L2OO is in the Bank, as a reserve for a Building Fund. We have very little Parliamentary intelligence here, and when we do get it, we read of past events. The debate on University Scholarships reached us just a week after it transpired. The only Auckland member who took part in the discussion was Mr James O'Neill. He protested against the public money being expended for such a pupoae, as the scholarships would fall to the sons of men who were quite able to give their sons a university education. It was only the son of a wealthy man that could go to London and live there for the benefit to be gained from one of these scholarships Mr O'Neill's constituents will thank him for his honesty on this occasion, although it ■will undoubtedly go for nothing. The promoters of this scheme have some selfish, interested motive to serve, or they would never talk about such a matter when the country is in a state of bankruptcy. There is some " Dowb" to be cared for — some nepotism to be furthered — or the struggling poor of New Zealand would not be called upon to support and educate the sons of wealthy men out of the taxes wrung from them. A verysensible article on this topic appeared in this morning's Crass. The writer very judiciously says :—"lf: — "If the colony has indeed Lll,ooo that can be spared for educational purposes, there is enough, and too much, work for the money to do, in providing the mere bread and meat of education, without wasting it on dainties." And yet Dr. Pollen, an Auckland man, consents to introduce the Bill in the Upper House. An outline of the Budget reached us a day or two ago. It is very clear that, in his attempts to mend colonial affairs, the Treasurer will— if allowed to have his own way — make a mess of it. The attempt to simplify the arrangements between the General and Provincial Governments will tend to make confusion worse confounded. The very things that the General Government ought to take under its management — the gaols and penal establishments — are to be left to the Provinces, and, judging from Auckland, the local management can only be bad, and must be bad. "Well, the more tinkering of this kind the better ; the system of double Government will be sooner ended. It is not likely that the proposed arrangements will be palatable to Otago. The Auckland members are very easily gulled, and it is to be feared will swallow a tempting bait such as that held out by the Treasurer. There is scarcely one of them who is sharp enough to perceive that, taking the number of the population from the last census is a very unfair and unjust mode of dealing. The last census gave a return for this Province of 48,000 odd. Our increase is at the rate of at least 12,000 annually : so that, at the end of three years, we should have a population of 84,000, and only receive L 48,000. It is currently reported that a Court Bailiff put in an appearance at the Superintendent's office the other day, and presented a writ for LI4OO in the suit of Kirby v. Provincial Government. The Provincial Treasurer would not have it — the Secretary declined it — the Solicitor was ill in bed— and the Deputy-Superin-tendent said he was not the man ; and so the missive had to be forwarded to Wellington for service upon His Honour the Superintendent. The Bishop of Lichfield and New i Zealand has been actively engaged in set-

tling the affairs of this diocese, no small task I may say. On Wednesday evening his Lordship was invited by , the military officers serving here to a complimentary dinner, at their mess-room. The Chief Justice and other gentlemen were invited to meet him. It is stated in the Cross that a General Synod of the whole colony, when all the Bishops will be present, will assemble on the first Monday in October. Confirmations were held on Sunday at St. Mary's and St. Paul's byth© Bishop, when 68 persons of both sexes received the ordinance.

The removal o£ the Rev. Mr Hill from his charge at Auckland for a pastorate at the Thames has been confirmed by the Presbyterian Synod. The removal of the reverend gentleman is deeply to be regretted, but the state of his health renders the change imperative. - A meeting of the Auckland Institute took place on Monday evening. A paper was read on " Sinking Funds," by Capt. Hutton, which he illustrated by a series of calculations applicable to the different methods adopted to pay off debts. Capt. Hutton came to the conclusion "that when money can be invested at 5 per cent., and the sinking fund does not exceed 10 per cent, the method of paying off the loan by investing the sinking fund is the most economical, as not only ia money saved, but the loan is sooner paid off; and when the sinking fund is small, as for instance 1 per cent., the saving by investing the fund is great, both in time and money, over the method of buying up annually part of the loan with the sinking fund. Capt, Hutton should be packed off to Wellington without delay. t He would be of considerable service "to the Colonial Treasurer. Mr Gillies then introduced the topic of the late tidal phenomenon at Opotiki. Mr Wayland was requested to obtain all the information he can respecting that matter. Dr Purchas next laid before the meeting a mare's nest. On very slight grounds he intimated that the ground was rising about Auckland — an assertion which many who have invested in land would be glad to find true. Messrs Thornton and Co. have a pipe fitted in the harbour for obtaining a supply of water for the mills, and during the past three years they have had to alter the rose at the end of the pipe three times in consequence of the ground rising. One member suggested " silting up" as the cause. The matter is to be investigated. A statement on flax preparation followed, which would be worth printing. An interesting event took place on Wednesday in the Barracks. A medal was conferred on Thomas Walters by the Humane Society. Colonel Beatson, on pres anting it, described the act of bravery in the following words :— " On the 17th of May last, Thomas Walters, at the risk of hiß own life, rescued from drowning a young child, which had a few moments before fallen into a well upwards of 50 feet deep, and with 13 feet of water in it at the time, in rear of the Belfast Hotel in Princes street. On hearing the mother screaming for help, he, without a moment's hesitation, jumped down the well, catching, in his rapid descent, the rope, by which his hands were much lacerated. As the child was then out of sight, he dived, and succeeded in bringing it immediately to the surface ; when, holding it on his knee with one hand, while with the other he held on to the rope, he and the child were wound up together by means of the windlass to which the rope was attached. The child was then apparently lifeless, and must have perished had not Walters so promptly plunged in to rescue it ; and what enhances his meritorious act is, that he was himself a husband and father at the time."

The Taranaki gold prospecting party retnrned home the other day, after an unsuccessful search. It consisted of six men, under the charge of C. W. Hursthouse, and started from New Plymouth on the 27th nit. with supplies for one month. The Herald of the 19th inst. contains a long report of their excursion, in which it is stated that, " during the whole of the expedition — which lasted from Monday to Friday— we did not see any signs that could le&& us to believe there was gold in the neighbourhood." The Natives had strong objections to trespassers, and refused to allow the party to proßpect over their land; although "their eyes sparkled again" when they heard what the Maoris at the Thames are making out of the Pakeha. The Taranaki Herald says :— " Our geologists point to the ranges between the Mokau River and Lake Taupo as being the most likely spots in the whole island to obtain gold, but it is inaccessible to Europeans from the fact of the Natives being ignorant of their wealth." The same journal states that three private parties are out prospecting on the Kaitake ranges ; and that gold had been discovered in quartz picked up on the beach at Oakura. The Provincial Secretary of the Province has given notice of hia intention to move thai; LI, 000 should be offered as a reward for the discovery of a goldfleld, conditional on duty being paid on 8,600 ounces.