LYTTELTON.

Star (Christchurch), Issue 173, 1 December 1868, Page 2

LYTTELTON.

AKEIVBD. - Dec. I—Randolph,1 — Randolph, schooneT, Gray, from Pigeon Bay, with firewood. Dec 1. — Storm Bird, s.s., from Dunedin. Passenger — Mr Moss. CLEARED. Dec. I— Bee, schooner, 30 tons, Sheppard, for Kaikoras. Passenger — Mrs Taylor. TES9ELS IK HABBOUB. Comerang, p.s. light Brigade, ship, from Lond«a. Hy&spes, ship, from L»»don. Slat Jacket, ship, fr«m Lond»«. King of Italy, ship Pet, barque, v'lfawn, brig. Volunteer, schooner. Wild Ware, schooner. Bee, schooner. schooner. Kaiuma, schooner. Herald, schooner. Black Hawk, schooner. Otourier, ketch. Mystery ketch. Maid of the Mill, ketch. Jupiter, ketch. Annie, ketch.

High water, Dec. 2 — 6.09 a.m.; 6.38 p.m. Tins schooner Canterbury, Capt. Bowten, *as nearly completed her discharge. She • will load for Hokitika. The case of Captain Robins, of the American ship S. D. Bailey, has at length been concluded so far as the City Police Court is concerned, except that the decision of the Bench has yet to be pronounced. The additional evidence taken on the 13th instant, was very slight. Detective Daly, recalled, slated that Robins, after his arrest, said tfcexe was a person named Sams Williams, of San Francisco, part owner of the vessel, so - thai according to the captain's story at least , two persons besides himself were concerned lathe affair, by whatever name itis to be called. An American mariner named Goodrun was produced to prove that Fanning Island, where Robins disposed «f a portion of the original cargo and shipped some cocoanut oil, Vbdongs to the United States Government. He said it was reputed to be American territory, and he had no knowledge to the contrary. Lee, the late mate of the S. D. Bailey, g&Te similar testimony. Mr Read, for the defence urged that there was no evidence whatever of forgery as charged against his client. He was part owner of the ship, and if the offence was committed it was against himself. The fa«t was, it was a smuggling expedition, and forgery never entered into the calculations of his client or his partners. He then proceeded to state the following circumstances connected with the alleged permanent possession of Fanning Island by the British. It was first taken up, he said, by a commercial house in Otaheifce, a Krench Island, and afterwards sold to two ' Englishmen for the sum of ,16,000 dollars. JSyentually it fell into the sole possession of oee of these penons, Henry English, in the year 1857. He had. paid up all the purchase money, save 2000 or 3000 dollars, when the French threatened to take the island, or place i£ under French government. In the month of April, 1857, he went to Woahoo, Sandwich Islands, in the' schooner Mary, with Gtptain Berrell, to the British consul, at which place he and Berrell mentioned the ' danger of losing the island, and represented that it would produce 30.000 or 40,000 dols. worth of cocoanut oil amnually. The consul advised English to pay up the balance of the parchase-money of the island, hand him certain documents, and he would communicate with the home Government on the subject. Ib the meantime English was to fly the British flag on the soil. Subsequently two «f her Britannic Majesty's man-of-war • steamers were ordered to survey the island . and take possession of it. At the preteai time an inscription on a board frame, nailed on the trunk of a tree, in--fcnates that the island is under British Government, and records the names of the war Bteamers an.4 .their commanders ' concerned in the taking formal possession of it. The documents relating to the accession of the place to the British Crown are deposited in a safe on the island. We may add that Island lies in 3 deg 50 mm north latitude, and 159 . deg 21 mm west longitude. At the close of Mf Read's address, Mr Start said he would- postpone his decision till Tuesday, andin the meantime would give the evidence and the arguments his careful consideration. On Tueiday, Mr Sturt said he lad. carefully considered the evidence, and consulted certain authorities, the result of which was that he had come to the conclusion it was not established to what Government Fanning Island belonged. Neither was it clearly shown that the act of the •sensed was forgeryv On the whole, he 'Considered the entire evidence so unsatisfactory that the prisoner , should be discharged. Capt Robins was accordingly liberated. The detectives will of courae be now obliged to hand him over the £400 retained by them, so ■ ,flias in all < likelihood* the. initiated proceedings against Superintendent Nicholson for -Sfegajly detaining,, . the amount will be "abandoned. — Melbourne Leader , Nov. 21. H ' ' •'.,4 .' . I . •