SUPREME COURT

Colonist, Issue 1165, 4 December 1868, Page 3

SUPREME COURT

FRIDAY, November 27,

APTKD I. KVNNEKSLEY —DAMAGES,

This was an action for damages which were laid at £1000. The case was heard by a Special Jury. The cause of action was an assault committed by the defendant, who was Commissioner of the Nelson South-west Goldfields, on the plaintiff, who was editor of the Weslport Times.

The Sp-'cial Jurors weiv Messrs. John Johnson, Frederick Huddleston, A. S. Collins, Oswald Curtis, James Bentley, 11. E Curtis, Charles Elliott, J. R. Doclson, W. "M. Stanton, A. J. Richmond, N. T, Lockhart, and Robert Pollock.

Mr. Button of Hokitika, with Mr. Pitt, of Adams and Pitt, were counsel for the plaintiff, and Mr. Coxolly of Picton, with Mr. Sinclair, were counsel for the defendant.

At a previous stage of the proceedings, the sum of £7 2s. was paid into Court, the assault having been admitted, and the only issue for the Jury was, whether the sum thus paid was sufficient compensation for the assault.

Mr. Button, in addressing the Jury, described the case, and, in referring to the sum paid into C urt, said he supposed this was intended to represent £5 for the assault, and two guineas for the dor-tor's fee, an estimate of damages ridiculously inadequate in a case of the kind, so aggravated by the fact of the assault having been committed by a man occupying the high position of the defendant. The learned counsel then called the plaintiff as witne-s.

William Francis Apted, sworn: I was editor of the Westport Times on the 30th December last. I saw defendant that day. He was Commissioner of the Nolson South-west Goldfield3, a Resident Magistrate, and Justice of the Peace. About four o'clock on the afternoon Mr. Kynnersley came into the office, and askel for Mr. Munson, the proprietor. He then asked for me by name. I never had any conversation with him before. I knew Mr. Kynnersley from seeing him. He then asked me if I was Mr. Apted, and I said "Yes." He next asked me if I had seen that morning's paper, and I said " I had." He then enquired if I had seen the article entitled, " Bohemian on the the Christmas Sports." I said " I had." He then asked me who wrote it, and I refused to satisfy him. He then asked me if I wrote it, and I declined to inform him. He said it contained an attack on his character privately ; whereupon I asked him if the statements it contained were not true; because, if they were not, he had his remedy at law either by a civil or criminal action. He said, " That is not the question ; I am not goins: to have my conduct commented on in a newspaper." He asked me to accompany him to Hamilton's Hotel. I refused. He had a heavy riding-whip in his hand, which he placed on the table. He then came alongside of me and asked me for a copy of that morning's paper. I gave it to him. He then referred to the article or letter before-mentioned, and asked me to read it. I commenced to read it. He then said it commented on him in his private capacity. I said I differed from him, and told him ho went'to the sports as patron of the sports ; that he went there not as Mr. Kynncrsley, but as Mr. Commissioner Kynnersley. He said he did not recognise the difference. I said there was a great difference. Ho placed his hand or a certain portion of the article and asked me to read it. While I was doing so, without any words or any warning on Mr. Kynuerslcy's part, he struck me a violent blow between the eyes, knocking me backwards on to the bench. Before I could recover myself, he sprang on to me, and struck me about the face with his clenched hand. I called out for help, I and the proprietor hearing tho noise, came running in, and pulled Mi-. Kynnersley off mo. I was then covered with blood. I then got away from him and the doctor was sent for. He came and examined me, gave me some medicine, and ordered me to go to bed. I was quite faint at the time and was helped to bed. I was not able to go out of doors for more than a ; week. My face was swollen, and my eyes blackened. I had to pay for medical attendance. ; Cross-examined by Mr. Co.vor,i,r: I was at the j Christmas sports at Westport. I saw Mr. Kvnnorsley there. I do not think I am mistaken in believing j that Mr. Kynnersley was patron of the sports. lam : not quite sure that he was advertised as patron, but. ', he v:m asked to act in that capacity, and I believe ho : did. I was then the editor of the Weslport Times, ■ The letter signed "Bohemian," in that paper, was ; written by me. I wa* the author of the one in the paper of the 30th instant. There was this difference —I wrote names, but they were not printed. The : proprietor of the paper struck them out. I do not, ; know that I wa3 known to be the author of those j letters, but I believe it v.-m suspected that I was, \ [Mr. Conolly here read certain portions of the letter \ in question. It stated that there were two booths — j one. Morey's, filled with the rank of the place, in- \ eluding Mrs. Giles and Mrs Harris, and others; and j the other, Corcoran's, with the fashiou, the demi j monde; and it went on to say that our worthy wa3 seated between the Gay Florence and ! the equally gay Mrs. R .] "The worthy " meant ,Mr. Kynnersley, the words represented " the worthy Commissioner. 11 The Gay Florence was a, notorious woman ; Mrs. R wa3 a woman who was not of respectable character. Mr*. R was seated beside Mr. Kvnnersley; the Gay Florence was on the seat behind. She aopeared to be conversing with Mr. Kynnorsley. I believe from the appearance he was in conversation with her. These two women were notorious persons. There were some hundreds of people at the sports, and a good i | many were in the booths. I would by no means go ' so far as to say that there were not respectable persons in Corcoran's booth. On the morning of the day the assault was committed, and before it was committed, I wrote to the proprietors stating that, understanding they objected to the letter signed " Bohemian," I placed my resignation in their hancU. Mr. Kvnnersley had a heavy handled riding-whip in his hand when he came in. He came down on horseback, I think. He laid the whip on the table and did not u<e it. He may have said "I am not going to have my private conduct criticised;" it is pissible he may have said that I cmld comment on him in his public capacity, but not in his private capacity, but t do not remember his saying so. I stated I was not able to go out for a week. Ido not mean that I was physically unable to go out. I was weak, but I was not disabled. I did not go out because I was so much disfigured The articles, after I resigned the office of editor, were not written by me. I remained in the office as book-keeper and reporter, and made up the paper. Mrs. Russell's husband wa3 then in gaol. He wa? often in gaol. I believe it wa3 a nugget-ring Mr. Kynnersloy had on when he struck me. [A l-ing shown.] Ido not know that that was the ring. It cut a gash on my face. I had no malice against Mr. Kynnersley. Re-examined: There were Mrs. Harris, and Mrs. Giles, and other ladies in Morey's booth. I saw none in the othor booth. There was another woman besides Mr?. Russell and the Gay Florence. She wa3 a well-known character too, and sat close to Mr 3. Russell. Mr. Button : You have told my learned friend that Mrs. Russell's husband was in gaol at the time. Do you know who sent him to gaol ? Witness: I believe it was Mr. Kynnersley. I know he did send him to gaol. Thomas Alfred Sneyd Kynnersley examined, by Mr. Button : I was Commissioner of the South-west Gold-fields, a Resident Magistrate, and a Justice of the Peace. I know the person spoken of as Mrs. R •. At tho time of the sports at Westport her husband was in gaol. I had not sentenced him at that time. I had frequently sentenced him boforo that. Mr. Button: Now, Mr. Kynnersley, did Mrs. Russell bear a good character at Westport ? A long pause, which was broken by Counsel repeating the question, which was followed by another pause, witness making no reply. Mr. Butt >n : Well, I'll not press the question. I won't put you in the position, Mr. Kynnersley. To the Judge : Witness cannot answer, and I'll leave that fact to the Jury, your Honor. Cross-examined by Mr. Conot/ly : I have never spoken to the Gay Florence to my knowledge, unless it may have been Court, if ever she was brought up before me. She did not come into the booth until ten in.inu.toß after I was there, when she sat; down

behind me. The booth was open to anyone. I never spoke to this woman to the best of my knowledge. It is not true that Mr. Apted was sitting when I struck him ;ho was standing up. I had the same ring on as I have now. It is partly true that one ofthoproprieiow of tho paper pulled me oil. Ho came into tho place and interfered, lie caught hold of me by the arm. Apted went out without any assistance whatever. Mr. Button, re-examining: You have said that you never spoke to the G>y Florence, except it might be in Court. You admit having spoken to Mrs. Russell. Now, answer me this, was Mrs. Russell your housekeeper ? A pause. Mr. Kynnersley : She was not living within threequarters of a mile of my house at the time, at least not within half a mile. Mr. Button : That's not an answer to my question. I repeat it: Was not Mrs. Russell your housekeeper ? Another pause. Mr. Button again repeated the question. Mr. Kynnersley: At that time I had another house Keeper, and therefore I may answer no. Mr. Button : Oh, she was not your housekeeper at th it time. Very well. You have said you did not go to the boolh with either of these women ; now, did yon never speak to the Gay Florence? Mi-. Kynnersley : Very 'likely I may have Bpoken to her in Court. Mr. Button : Will you tell me and the Jury, that you did not, know who she was ? Mr. Kynnersley : I never spoke to her in my life to my knowledge, except it might have beeu in Court if she were brought be'oro me for an offence. Mr. Button : How long were you in the booth that day ? Mr. Kynnersley: I was there about an hour. I was there more than one day. I was there Bometime all the days of the sports. Mr. Button : What took you there at all ? Mr. Kynnersley : I was there looking after all the arrangements. Mr. Button : You had to see them carried out, had you ? Was that what took you there? Mr. Kynnersley : There were more than a thousand persons there, and 1 thought it my duty to be present to see what was going on. Mr. Button: You thought it your duty to be there. Why did you think so ? Mr. Kynnersley: It was always my duty as Commissioner of the Goldfields to bo present at any part of the district where large bodies of peoph were assembled. This closed tho evidence. Mr. Conolly then addressed the Jury for the defence. He said the sole question for the consideration of tho Jury was whether the sum paid into Court was sufficient to compensate the plaintiff for any injury ho had received. That was the question, not whether the defendant had committed the assault,^ that was admitted by the mere fact of the payment of £7 2s. into Court. The case was one which should never have come into Court at all; for the plaintiff, he contended, was amply compensated. The defendant was well-known, having held tho office of Commissioner of Goldfields for years. Ho was Commissioner of the Goldfields, Resident Magistrate, and a Justice of tho Peace, and therefore, held a position of a very high and responsible nature, which should have shielded him from unjustifiable and cowardly attack on his private character. The Jury was called upon to consider, not only the extent of the asjault, which was only a common assault; that should never have gone further than a Resident Magistrate's Court; but they bad also to consider the amouut of provocation which the defendant received. No doubt the law laid down that no amount of vei-bal provocation warranted an assault ; but sometimes there was provocation which impelled a mau having the feelings of a gentleman to take the law into his own hands ; and, unfortunately Mr. Kynnersley took this course. It was to b i regretted, but the provocation was great under which he acted. Mr. Button had brought out in the evidence of the defendant that he (Mr. Kynnersley) was present in the booth iv his public capacity, and of course his learned friend in his address would make the moit of that admission. But it must bo remembered that he said ho never spoke to the woman, the Gay Florence, who was a common prostitute, and who, the article or letter, said was seated bßside him in the booth. That booth was a perfectly public place, to which this woman had a right to go, and he swore positively that ho never even spoke to her. There was no pretence for siying that in the conduct of these women while in the booth there was anything that could be found fnult with. Mr. Kynnersley had nothing to do with the fact of their preeenco, either as a man, an officer, or a private gentleman; and his conduct had been grossly exaggerated by the plaintiff, who in the I most cowardly manner had written this libel. [The learned gentleman here read and o.immented on the part of the letter having reference to Mr. Kynnersley, denouncing it as an unwarrantable interference with private character, and with being a gross and uncalled for libel on a public man.] The article, he said, and he drew tho special attention of the jury to the fact, had attracted the unfavorable notice of the proprietors of the paper in which it appeared, and they culled on him to resign on tho grounds, of course, that tho writer of such a gross libel was not fib to occupy tha reponsible and important position of editor of a paper. The article was a vile slander on Mr. Kynncrsley.

[Mr. Conolly proceeded to comment on the evidence of tho plaintiff, affirming that it differed from tho account of tho assault given at the time in the paper, reading portions of tho account with the view to shew some discrepancies, and denying that defendant struck plaintiff while lie was sitting down, that the article after giving the narrative similar to what plaintiff gave in his evidance, said that while plaintiff " was .proceeding to argue " tho matter with defendant, the latter struck him between the eyes, and knoeke I him down on the trunk ; and from this Mr. Conolly contended that, as plaiutiff said "herose to receive him," he was standing at the time the blow was struck. Ho also notiood the discrepancy in plaintiff's statement;, that Mr. Kynnersley wore a heavy ring with a gold nugget set in it, when defendant had only a light ring on his finger, the ring he always wore.] In justification, or rather in defence, of the assault, for although no justification wa3 pleaded, yet the provocation must be considered, and so far viewed as such, ho appealed to our common feelings. We were all flesh and blood, and there was a certain amount of insult, especially a public, insult, which flesh and blood could not tamely bear, and it might happen to all of us, that under great provocation we might do something we regretted; the provocation was dwelt on in mitigation of damages, and defendant did regret it, and had paid this money into Court as a sufficient compensation. No doubt Mr. Kynnersley should have done nothing, he should have let the slander alone, let it die out, and have lived in down. But tho assault was committed, and this Apted, who had not tho spirit to resent tho assault like a mau aud a gentlemen, who had not even the miserable excuse of malice to plead for his libellous attack this man was actuated by mercenary motives, and brought his action simply to try and get money out of Mr. Kynnersley. This slanderer of men and women, who had been punished for his' slander and did not resent it, but called for help, now came beforo this Court aud asked for heavy damages. He believed he would not be successful. Was there anything whatever in the case which rendered it necessary to bring it before the Supremo Court, when the lower court would have sufficed for all that the ends of justice required? He believed the Jury would agree with him in saying there was not. £7 2s. had boen into Court, and tho Jury would say whether, in paying that sum, his client had not amply compensated the plaintiff for all he had sustained, especially after the provocation he had received.

Mr. Button expressed grave surprise and utter astonishment at the course of defence taken by his learned friend. It would have been better, far better, if the defendant, recognising hi 3 position and how he had disgraced it, had. come into Court and said he had ma^e amistako, and left it to tho leniency of the Jury. There might then have been some ground for treating the case more mildly than he folt disposed to do, and there would have beeu some evidence of regret which it was pretended the defendant had experienced.

Had the lotter been actually a slander upon tho defendant he might have pleaded provocation; but not singlo attempt had been made to show that the charges contained in the article were not substantially true. All that was done was to make an effort to tone down the facts, to make it appear to the Jury that a high magistrate had been guilty of only a venial offence in brutally assaulting a newspaper editor. Mr. Kynnersley knew, none better, that, if this letter had been the gross libel it is pretended to be, the writer had laid himself open to a criminal action; and a very serious one it would have been for the plaintiff had it not been true. Plaintiff knew that he wroto this, that he did so at his peril, it it were false. It waa true, and plaintiff told Mi1. Kynnersley at the time that he had his remedy at law, if it were false. But Mr. Kynnersley did not d,ire to try that issue, ho preferred to break the law. These persons he was beside were notoriously bad char-icters; and Mr. Kynnersley was amongst them, occupying the highest public position in that part of the Province, under the eyes of a tli ■ut'and people. Mr. Conolly had said that he (Mr. Burton) would make use of tho admission that Mr. Kynnersley made that he was present in that booth in his public capacity as Commission of the Goldfields. Of course ha (Mr. Button) would refer to that admission, for it completely wa•■ranted tho plaintiff in noticing the public conduct of a public official, with this Mrs. Russell, whose character, like that of the Guy Florence, was notorious. Out, of pure pity for him, he (Mr. Button) did not press the quesiion as to what character this woman bore in Westport. It was repeatedly asked, and Mr. Kynnersley did not reply, and of course the jury would draw their inference from that significant silence, as they also would from his miserable answer to the question whether Mrs. Russell was his housekeeper. In the full gaze of the public, this clii&f Magistrate of a large district, invested with gre.it powers, sat day after day in company with disreputable women, while in the opposite booth, were ladies, the wives of officials, and others of the place ; ladies of unsullied reputation, and spotless virtue, to whom it was a deliberate insult for Mr. Kynnersley —who could not, if he would divest himself of his public office —to sit in such company a3 he chose. It was not for Magistrates to seat themselves beside harlots in a public place; it was their duty to set a public example, and the proper place for the Chief Magistrate was among the ladies and their friends ; he was the centre of attraction from the position he occupied, and he should not have caused the public scandal which he did. If he had been in his proper place, if he had respected the society he lived among, tho letter would never have been written, there would have been no occasion for it. Mr. Conolly had spoken about plaintiff having slandered men and women. Could you slander a harlot ? Slandered the women! He was surprised his learned friend could have mentioned the word in connection with such women. Mr. Kynnersley would not attempt to say any of them were slandered, and he did not dare to bring any of them into the light of day, as women whose characters had been slandered; they were t.>o notorious before, and Mi\ Kynnersley knew, and was silent in the witness box. He wa3 not surprised that Mr. Kynncrsley felt the force of the article. Its force lay in its truth ; and it was intended that ho should feel it, that Westport, that Nelson, that all New Zealand should feel it, so as by its exposure to prevent the recurrence of such disgraceful exhibitions on the part of a high magistrate, a Commissioner of the Goldfields. Ho admitted that Mr. Apted was physically a coward ; but he possessed moral courage, which was a higher attribute, and was considerably above that courage which thus animated a responsible magistrate in breaking the law, and assaulting a man ; that was a courage which most men shared in coramoa with tho brute ; and its exercise was nothing to boast of. The article, he acknowledged, was a strong one, but it was so because the offence it referred to was also strong, and was a public offence by a public mnn. Had Mr. Kyunersley been only a private person, the article had no right to bo written. He admitted that there were certain offences, certain sins against society which should be tried in the court of conscience, and whijh no law could propei-ly reach, and in which law really h?id no riant to interfere ; because it would become tyranny. If a mtin were guilty of sin privately, if ho did not bring it before the public so as to outrage any of the laws, then no man or newspaper had any right to interfere. Tlint was a matter between a man and his own conscience. But there was a vast difference between the case he had supposed and the case now before the Court. It was not as a private gentleman, but as a public character, a man high in authority, the centre of power on the Nelson goldfields, tint Mr. Kynnersley seated himself amongst the disreputable company he preferred to any other ; and then ho wantonly and deliberately committed a violent assault, forgetting what was clue to himself as a magistrate und gentleman, bound to respect the law and public opinion. There was, concluded Mr. Button, a kind of spurious feeling to be found among some classes, a sort of knight-errantry of immorality. Ho believed none among the jury, he hoped nono in Nelson was imbued with such a feeling ; for that spuriouj knight-errantry which would defend immorality and buv-breakinj arose from a person feeling at once from the tone of his own debased moral sentiment, that the occurrence rousesd in somo minds a foeling of sympathy to undertake the championship of tho delinquent. He did not believe there was any such feeling among the jury ; he had 100 high a respect for their character than to suppose they would be influenced by any such sentiment. In considering damages it wa3 important that the position of the defendant should bo taken into account; and he would read an extract from Addison on Torts, — on wrongs and their remedies where the law was clearly laid down :—

"In all cases of malicious injuries and trespasses accompanied by personal insult., or oppressive and cruel conduct, juries are told to give what arc callod exemplary damages, although the actual personal injury, measured by any pecuniary standard, may be but small. 'It tends,' observes Heath, J., 'to prevent tho practice of dueling if juries are permitted to punish insult by exemplary damages- I remember a case where a jury gave £500 damages for knocking a man's hat off, and the Court refused a new trial.' 1 Where,' observes Gibb3, C. J., ' a man is disposed to disregard every principle which actuates the conduct of a gentleman, what is to restrain him except large damages ?'"

The measure of damages ranged from £7 23. to £1000 ; and he asked the jury to find, not vindictive damages, his client did not look for that; but such a sum as would prove to be exemplary damages, such a sum as would mark the just condemnation of the jury, not only for tho offence committed by a magistrate, but also to show their dissatisfaction with tho defendant in daring to set up, as defence for his fault, so-called provocation, when he himself had outraged public decency. All the surrounding circumstances, the position of the parties, and the character of the offence had to be taken into account by the jury, as well as the fact that it was necessary to prevent the occurrence of such breaches of law and order, especially by a magistrate; for if that were not done we should descend into a condition of rowdyism, which we had hitherto avoided, and the cxistonce of which would be very much to be deplored. It was a question in which the well-being of society was concerned, and he left the matter in'the jury's hand, in the confidence that they would mark their due sonse of such an outrage as had been committed by the defendant. The Judge in summing up noticed a few general principles. Some of the observations of the counsel for the defence seemed to tell to a certain extent against his client. In certain passages in his address ho had spoken of the conduct of gentlemen, and said that defendant had not acted like a gentleman in making the assault. Now, the idea of a gentleman came down from feudal times ; and it used to be considered purfc of the business, and duty, and practice of a feudal gentleman to make a personal physical retaliation himself, so that the question.of the conduct of a gentleman in its ancient meaning did not tell in favor of his case. As had been said, there might no doubt be some oases of assault, in which justification or provocation might be pleaded ; but this was not a legal test, nor a just one. There were grave reasons for maintaining the principle that nomanwaswarranted in taking the law into his own hand $ and that principle was a sound and safe one. It was true there were

some injuries which made a man's blood boil, and produced a sudden passion which led to assault. But there was no such cnso before the Court at present. Perhaps Inure, was some stinging injury, an accusation of si peculiarly irric iting kind ; but that was all; and on the grounds of sound policy assaults of tliis natui'a must be hold as highly improper. The public, no doubt, might bo delighted to see a little man whip a big one, but it was not always the little one who had right on Us side, and it was not probablo that when he had it he would win in such encounters. Therefore, these engagements were not for the good of society, and should not be permitted, unless indeed'we intended to descend into such a state of society as was to be found in Texas, and to introduce a system of rowdyism, which would certainly ensure if cuses of personal insult, or supposed insult were to be punished by the strong hand of the person who supposed himself insulted. In all cases, without exception (leaving great and special cases out of view, and this belonged to neither), the proper course was to allow the law of the land to pursue its course, and not to take vengeance in one's own hand. Self-defence was another tiling, but that was not before the jury. In the present case defendant did not seek to justify the assault, he could not justify it; but only brought forward provocation on the ground of reducing damages. The defence he set up was that a libel had been published against him, written by the plaint If. Now, was that an unjustifiable attack on defendant's character? It was admitted, that with the private conduct of public men the public had nothiug whatever to do, so long as it was kept out of sight. The public and the press had nothing to do with the armours of ministers and gener.ils. All knew that great public services had been rendered by public men, whose private lives were most impure ; but the press had no right to intrude on their private lives, and the class of papers which did. and professed to do so in order to denounce immorality, were generally themselves in truth the most immoral. But he did not think on the other hand that public vice had the same immunity from criticism; and, with respect to an important public office and its holder, one thing was clear the office stuck to the office-bearer, and the office was degraded if a public man degraded himself. At the same time all decent journals would be cautious in interfering in such matters, for public morality was rarely advanced by the mention of such subjects, and it was better generally that they were passed over in silence. It wa3 true that it wa3 different when the immorality of public men was openly and ostentatiously displayed. As regarded the article or letter, and the libel it contained, the old law viewed every libel a^ wrong; avid from that view arose the old phrase "the greater the truth, the greater libel," because if it were true it was often so much the more likely to provoke a breach of the peace. But that doctrine was now obsolete ; and, in a. case like the present, the proper test of the libel was, was the charge made for the public good, and for the public benefit, so that there would be some justification for it 3 publication in reasonable and truthful term? ? It might be the charge was perfectly true; but it appeared to be a highly colored account of the actual facts; and if so there was clear provocation; and he was of opinion that there was provocation to give at least mitigation of damages. But the Jury must not for a moment suppose that in saying tills lie (the Judge) held there was any justification of the assault. The defence, or rather the pleading, for defence it could not bo called, admitted that there was no justification of the assault, and there was none. At the same time, the tone of the article was not that which judicious journalists would employ. A journalist should confine himself to strict fact, and not descend to the tone and spirit of the old exploded papers, the Satirist and Paul Pry. If the press did that, and interfered in matters of private character, it became a social degradation, and an organ of oppression. His Honor concluded by saying that this ca*e was eminently one for a Jury, and that tho Jury must go to its work in a calm temper, not with a temper of sympathy with either side; they were to dismiss all angry sentiment, and not sympathise with it. Tf they saw their way to give damages beyond the sum paid into Court, they should put 'there verdict on purely public grounds, and give no force to the merits or demerits of cither side, or of the party to whom such damages were given. Mr. Button: Am T to understand that your Honor directed the Jury that in estimating the measure of damages, the position of either parfy was not to be had in consideration ?

The Jtro&B : No, 1 do not mean that, that was one point to which I omitted to refer. Of course tha p:.)3ition of both parties should be taken into account. Tlie defendant occupied an eminent public position, and of course that added gravity to the case, and plaintiff was editor of a newspaper. These circumstances ought to form a part of the ground work of your deliberations. The Jury retired and after a brief absence returned with a verdint for £7 2s. damages. This being the sum paid into Court, tho verdict is virtually one for the defendant, inasmuch as all the costs of the proceedings on both side 3 arising subsequent to the payment into Court —iticln Kng tha svwto of the trial and tlie Special Jury, fail on the plaintiff.

The Judge certified for a Specieil Jury.

Cohoxrr's Inquest.—Oa M>nrlay, November 23, the Coroner, W. W. Squires, Eiq., M.D., and a Jury, held an inquisition iiuo the cause of the death of Thomas Reuben Bird, agod 25 years, who wtis found dead in his house on Sunday evening, November 22. Tlie Jury consisted of Messrs. Eenrv Drew (foreman), N. T. Lockhart, W. Davis, J. C. Phillips, G-. Bonnington, C. Landon, P. Cook, J. Tingle, T. Uglier, J. Drew, J. Hounsell, E. Barnes, and J. Henry. Harriet Bird, who gave her evidence under considerable emotion, s-iid: Thomas Reuben Bird was my husband. I last saw him alive about 4 o'clock yestorday afternoon. He had nude an engagement to go to tea to Mr. Pickard's, in Toi-toi Valley ; and when T and the child wore roidy, C told him, and he snid " You had better go on, and I'll follow you ; but I want to go to the po3t for letters first." I went on, and kept looking back for him, but he did nnt come. I utaid till lnlf-p ist 7, and than wont home, accompanied by Mm. Piokavd. The doors were locked, and the key of the b ick door was not whsra it usually lay. I said he is playing me a trick, and told Mrs. Pickard that I would wait. I kept waiting, sitting on the step and walking about, the verandah. I waited until half-past 10, and then I went up to the house of a young man named Stoward, a friend of my husband's ; the only place where I] thought he could pos3ibly be ; but a dog was barking furiously near the place, and I went back, carrying the child with me. I then determined to get into the house by 9ome means, and I entered by the pirlor window, went into the kitchen, and lit a candle. I looked under the bed and under the sofa, and at last I found him in the spare room. I thought ho was standing with his rifle beside him, but it was the end of the rope. He was hanging from the rafter, I went up to him, and felt him, to sec if he were cold ; and then I don't recollect what else I did, except that I went up to his mother's house and told her. I had noticed nothing peculiar about him that day. He was playing with the child nnre than usii'il that day. On Saturday night, when he came in, I told him he seemed out of spirits, and he at once became more cheerful. Ho was remarkably high spirited on Sunday. He never said anything that would lead anyone to suppose ho contemplated such a thing. He had great fears of sudden death. He has for some time suffered from serious disease of the heart, and both Dr. Cusack and Dr. Cottorell told him that he might die at any moment; and this had greatly troubled him, and preyed on hia mind, and made him very nervous. There was a large swelling under his heart, and when ho was agitated, I hare seen that beating under the sheet as he lay in bed. He was greatly alarmed by the late earthquake, and also by the proceedings of the Maoris, whoso doings very much alarmed and excited him. Ho used to read everything about them that appeared in the papers. Peter Lovy deponed to finding the body, which, he said, had tlie knees bent, and that the feet were raised from the ground. Had ho stood erect the rope would have been slackened. I held the body, which was quite cold, and Dr. Cotterell cut it down. The Jury returned a verdict to the effect " That deceased committed suicide while laboring under temporary inaauity,"

Seeiou3 Accident to a Child. —An accident occurred on November 16, iv Bridge-street, by ■which a child of Mrs. Giles, living near the Temperance Hall, was run over by Mr. Sedgwick's cart. The driver was called by a policeman at the moment, and while turning his head the child wa3 under the vehicle, The child was seriously injured. Tirs Hope Sunday School celebrated its anniversary meeting on Wednesday, November 18, by the U3'ial public tea—an occasion of festivity of which the residents very generally availed themselves. A public meeting was held in the evening, and judging from the large and interested auditory, the cause of Sunday Schools appeared to be warmly supported by the residents of Hope. From the report, read by Mr. Jessop.the Secretary, it appeared that upwards of £17 had teen expended during the past year in the purchase of rewards and the various expenses of the institution —but that the whole was fully met by the subscriptions and profit; and that the number of scholars was upwards of 60. The recitation of pieces by the children was certainly more intelligent than usual, and the musical selections which had been announced were very pleasingly performed and elicited a vote of thanks to Mr. Ladley for his labors in their preparation. Mr. Biss, Mr. Dauiell, Major Patten, Mr. Davis (who occupied the chair) and others addressed the meeting, which terminated nob before 10 o'clock, but, apparently, much to the satisfaction of all concerned, and let us hope also to the encouragement of the teacher* in this public recognition of the value of their useful laborz.-Commiinicated

A Sha.hk. —On November 26, a large shark was captured by Mr. Thomas Astle, while out fHiiug near the Arrow Rock. The \\g\y monster is about 10 feet in length, and more than four feet in girth at the largest part, and probably weighs 400tbs. Mr. Astle was setting a moki net at the time, and observed a very large dog-fish near it, as if attracted by tho glittering smaller fish, and awaiting a chance to npike a meal. The dog-fish, however, in turn furnished an object, of solicitude to the too adjacent shark, which, with one dart and a snap of his jawa cut his unfortunate relative in halves. While digesting the tail-end of his connection, he became so entangled in the moki net that Mr. Astle, after a plucky ugh" with his unwelcome and unusual draught, succeeded in. landing it on the rocks and there despatched it. With seme assistance he succeeded in getting the fish .into his dingy, and brought into hnrbor, and it will probably be marie to yield some gallons of oil as somo compensation for the damage inflicted on the net. Two slight shocks of earthquake were discernib& on Sunday night, one at ten o'clock, and tho other a few minutes before that hour. New Diggings.—About ten days ago, intelligence readied Nelson of fresh., discoveries of gold in the Collingwood district, about fifty miles from tho township. On Friday last, the news received by the Lady Barkly, respecting the new diggings wa3 rather satisfactory. Tho above-named steamer left for Collingwood last night, and will make a second trip thither on Thursday evening nest. In a few days we shall be able to place authentic information regarding tho ground before our readers. Some very good samples of gold h:ive already been received. Nblson Hospital.—Monthly Report.—The number of patients remaining under treatment on the 30th of September, were 11; therj were admitted during the mouth of October, 9 j making a total of 20. Of these there were : — Discharged, cured 6 „ relieved ... 3 Remaining on October 31 11 The total numbsr under treatment during the corresponding month of last year was 27. Thirfcy-fchreo out patients have been under treatment during tha month of October. Captain Spiller, with 40 men from Nelson and Hokitika, has gone on to the Front. A proclamation has been issued calling out the three classes of militia in the City and District of Wellington, and they have mustered 1050 strong. The Custom-house at Wellington, was broken into at an early hour on Sunday morning, Bth November, but as nothing of value is kept in the Custom-house after the offices are closed for the night, the would-ba thief or thieves were disappointed, and were forced to decamp without the expected booty. Wreck seen off Stephen's Island.—The barque Camille, Capt. Tucker, arrived at Wellington a few days ngo, from Newcastle, having left that port on the 13th Oct. She brings 520 tons coal. Captain Tucker reports that he sighted a wreck ofF Stephen's Island the other morning ; the hull wns lying on its side, and he thinks it must have belonged to a vessel of about 60 tons.— Advertiser . Prospecting in the Taupo District.—A party of prospecting, under C.iptaiu M'Donnall, have returned to Wanganui after having made a tour of tha Taupo district. The party express great confidence iv the belief that there is piyable gold to be obtained in tha Taupo Hinges, and judging from the specimen, brought from there it is thought that a very fail* prospect exists, but the proper prospecting of tha district will involve a greater outlay of capitil than private individuals would be justified in making.—New Zealand Advertiser, Nov. 9. The Waiuau Natives. —The Express ofNov. 28, siys : —" Rumors of a probable rising of the natives in Marlboi'ough Province has been rife this week. Our informant, who is a most credible person, tells us that some of the natives talk of a rising in March next. Others say that presently Fentherston will come, and as he (leaves, will be the result. The alleged cause is the well-known claim that most of the land on "ha pLiin his aever beau paid for, to them, who aro the lawful owners of it. Thoy say the natives got paid at- Kaiapoi, and thoirs is an analogous case. It is a well-known fact that the Hauhaus have many earnest sympathisers among tho Wairau natives. While we cannot vouch for these rumors and not wishing unnecessarily to alarm any, it will not be amiss if our friends who live at the outskirts, and especially in outlying districts, got their arms ready, lest they ntight be wanted." Thr Government expenditure in thePntea district, according to the Lyttelton Times, is at the rate of £3000 a month. This is exclusive of the lar-jje sums of money spent in the disturbed districts oa the Eist Coast. The Wanganui Chronicle is i%esponsible for a statement that tho .forces at the Front havu uo weapon but tho rifle. Neither bayonet nor knife are supplied, while the savage foo is armed witli' the tomahawk. Badge for the Friendly Natives. —A very propor step has baen taken in giving the kup-ip is a badge to distinguish them from the Hau-hau:'. Lvut.---001. Gorton is to procure a quantity of ved sorgo orflannel, a strip of which ea.:h kupupit will wear rou.id his right arm. It has often occurred to mniiy how our men in tho field knew friends from f )es. Calling out of thr Militia in the Middle Island.—The Grey River Argus, says: —" On dit, that it is the intention of the Government to call out tho Militia in the Middle Island, to be drilled, in oivlev that they may be in an efficient state if required to proceed to the front." Wa believe the Militia is divided into classes thus: —Ist Class, all single men and widowers between 16 and 40; 2nd Class, married men between the same age 3 j 3rd Class, all men between 40 and 55 years. The ladies of Wanganui, not having so much dependence on the stout hearts and strong aam of their husbands, fathers, and brothers as the Governor Of the Colony has, are getting up a petition to tha Queen, praying that her Majesty may send somo pro* tection to them. — New Zealand Advertiser. Inter-Colonial Mail Service.—The New Zealand Gazette contains the text of a contract between the Postmaster-General and the Manager of the Panama Company for a monthly mail service between Manukau and Port Chalmers, calling at New Plymouth, Nelson, Picton, Wellington, and Lyttelton, and baok to Manukau by tho same route, and also for a postal service, monthly, between the Bluff nnd Auckland, calling at Port Chalmers, Lyttelton, We. lington, and Napier, and back by the same route. The contract is dated 21st Oct. and the sarvics begins on 3rd January, 1869.

A Monsteb Nugget.—A nugget has been found in Fortunate Valley, Berlin diggings, Victoria, weighing forty pounds, and valued at £1800. It'wns unearthed by two men who, only throe weeks previous, found a twenty-four pound nugget.— Sydney Morning Herald. _ (

28.—Kennedy, s.s., for West Coast. 28. —Supply, cutter, for Collingwood. 30. —Lady Barkly, p.s., for Collingwood, &c. 30.—Egmont, s.s., for Wellington. 30. —Rangitoto, s.s., for South and Melbourne. December I.—Charles Edward, p.s., for West Coast. I.—Lyttelton, p.s., for Wairau. I.—Midge, cutter, for Haveloek. 1. —Ann, cutter, for Waitapu. 2. —John Perm, s.s., for Wanganui and Manukau. ENTERED INWARDS. December 2.—John Btinyan, barque, 520, Allen, from London. Passengers—Messrs. Pike, Flaherty, Lake, Giles, E. Giles, Akehurst, Mrs. Redwood, Mr. and Mrs. Wilson. 2.—Lady Barkly, steamer, 30, Walker, from Coliingwood. 15 passengers. 2.—John Perm, steamer, 122, Carey, from Westport. Passengers —Mr. and Mrs. Meadows and child, Messrs. M'lntosh, Menzies, Falla, Burrell, Besley, Collins, Smith, Cole, 2 others, and 24 for Manukau and Wanganui. 3. —Murray, steamer, 56, Holmes, from Picfcon and Wellington. Passengers—Mrs. Holmes, Mrs. Diana and child, Mrs. Jdbister, Rev. Mr. Calder, Rev. Mr. Sherriff, Rev. Mr. Vickers, Messrs. Firth, Paul, Ford, Hurley. 3.—Augusta, schooner, 30, M'Kown, from Haveloek. 3. —Waiotahi, schooner, 16, Frazer, from Haveloek. CIEABED OUTWARDS. December I.—Ann, cutter, 15, Eure, for Waitapu--1 passenger. I.—Charles Edward, steamer, 89, Palmer, for Wrstport, &c. Additional passengers per Rangitoto, for South: saloon—Mr. and Mrs Dick, Mrs. Drew, Mrs. Sebastriere ; second cabin —Messrs. Allerton, Harris, Biliiger, Pisam, Pitt, Clutsam, Sobastriere, Bjrissy, C:irgill, Wright, J. Wright, Wherfcy, Lang, Mrs. Pitt, Mrs. Kelly. Additional p.i=sengers per Egmont, for Wellington : saloon—Mr. Norris ; second cabin —Mr. Scott. 2. —Emma, brig, 170, Jeaselson, for Tome (Chili), in ballast. Passengers—Mr. and Mrs. Lewis, Mr. Furgan, Mr, Johnson, Mr. Smith, and 1 other. 2.—Venture, cutter, 15, Windover, foi Haveloek. 2.—John Perm, steamer, 122, Carey, for Wanganui and Manukau. Passengers—Captain M'Clintoeh, Mr. and Mrs. Phillips, Mr. Thompson, Mr. Johnson, and 24 original. 3.—Lady Barkly, steamer, 30, Walker, for Collingwood. IMPORTS. Ex John Bunyan, from London : 7 enses, 1678 pkgs, 100 tons coal. 3 tanks, 12,000 slates, N. Edwards and Co.; 880 pkgs, Morrison, Sclanders, and Co. ; 277 pkgs, H. Davis ; 219 pkgs, J. Bentley and Co.; 151 pkgs, 5 tons pig iron, 1 casks, 5 trunks, Buxton and Co.; 157 pkgs, Hodder and Talbot; 135 pkgs, M'lntosh ; 51 bundles, R. Richardson ; 24 pkgs, 30 cases, Fisher; 36 pkgs, 3 eases, Wilkie ; 49 pkgs, Wilkins j 23 pkgs, Hooper and Dodson ; 53 pkgs, Lightband ; 8 pkgs, J. Hounsell; 11 pkgs, R. Lucas; 10 pkgs, Gano; 1 case Darby; 1 case, Kingdon ; 1 case, Rev. J. Crump ; 1 case, Stanton ; 2 casks, Hall; 4 cases, Black and Son ; 1 ca9e, Rev. 0. Meyer; 1 case, Ehnslie; 1 case, Hill; 1 case, Best; 1 case, Funnell; 2 oases, Roberts ; 3 pkgs, C. Elliott.; 1 case, Newton; 3 pkgs, Poynter; 2 cases, O.ikey; 1 pkg, Osley; 1 cask, Barnes ; 5 cases, W" J. Thompson; 2 pl<g3, Goldsmid; 1 box, Mrs. G. Palmer; 9 pkgs, Silcock ; 2 pkgs, Trewavas ; 5 casks Sir D. Monro ; 1 ca3e, H. Lewis; 4 pkgs, Saltcr; 2 eases, Turner; 151 pkgs, 17 bales, 7 cases, 9 trunks, Order. The p.s. Yabka, that was stranded at Hokitika a few day 3 ago, ha 3 been surveyed, condemned, and sold for tho benefit of those concerned. Her hull and machinery was sold for £145, and her boats, anchorsj'chains, &c,, for £111. H.M.S.S. Blanche, Captain Montgomeric, arrived in harbor yesterday afternoon from Sydney, which port she left on the 2lst instant, experiencing fine weather nearly the whole passage until her arrival off this coast. On the 28th it came on to blow a gradually increasing gale, which, towards evening, obliged her to stop until midnight. The Blanche is a composite built vessel, and is fitted with all the most recent improvements and inventions in the way of armament. She carries six guns of heavy calibre — her small arms being the Snider ride—with the usual amount of pistols and side arms ; she is of 1268 tons burthen, with engines of 350 horse-power, and car. ies a complement of 180 hands nil told.— New Zealand Advertiser, November 30.