West Coast Times.

West Coast Times, Issue 112, 26 January 1866, Page 2

West Coast Times.

' FRIDAY, JANUARY 20, ISG6.

Tim first Criminal Session of the Supreme Court in Hokitika has nearly reached its close. The only case at present nub judice is that of the man Stewart, charged with the murder of his wife, whose trial commenced yesterday, and will in probability continue over today and part of to-morrow. Of course we shall be ti'uilly neither of the indecency nur t!.c indiscretion of commenting upon this remarkable ease in any way likely to afreet the verdict of the jury. At the present stage of the proceedings neither is the strength of the ease for the Crown shown, nor is the exact line of defence move than vaguely indicated. The hypothesis of the prosecution is that the prisoner anxious to get rid of his wife in consequence of her drunken habits, and the unhappy life they led, followed her to the. beach, felled her by a blow, and thiit tlio aea then suckedin and afterwards cast up the body. The theory of the defence is, that the woman, in consequence of the wretchedness of her married life, and the ill-treatment of her husband, committed self-destruction in a paroxysm of suicidal mania. The evidence on either side i.i purely and minutely circumstantial. 'Whether the husband was on the beach al or ncirllio time when the woman \va-> last seen, and whether if lie was there he did anything implying violence ; whether the inclination of the woman's mind was to suicide, or the inclination of the man's mind to murder; which hypothesis is most .favored by the circumstances under Avhich the dead body -was found, and the sj'mptonis it exhibited ; what those circumstances and symptoms precisely were — these are the leading questions that go to the Jury, and upon the nature of their answer to which their verdict mu&t hinge. As elements bearing upon these points, we find very delicate questions raised and battled about, as to exact moments of time and the position of objects connected with the scene of what, on cither of the only two possible hypotheses, must bo described as a tragedy. Beyond this brief review of the bearings of the evidence, we do not dare to comment on it at a time when the Jury are engaged iv trying the solemn issue of life or death. Although nothing we might say would be allowed to reach the Jury, who dining the intervals between the sittings of the Court are under strict watch and ward, we do not forget that the witnesses yet to be examined both for the prosecution and ihc defence, havo the fullest opportunity of reading not oaly the evidence given by the jollier witnesses, but any comment that might bo made upon it. We therefore limit ourselves to saying — and we refer to the case whilst it is still before the Court, for the purpose of saying — that the proceedings thus far littve been characterised by a marked spirit of fairness and moderation on the part of the Crown, and of zeal and astuteness on the part of the counr-ol for the prisoner. Mr. Duncan possibly shows a more set purpose to press the charge than has hitherto been noticeable in his conduct of the Crown cases ; but the giavily of the accusation, and the vast importance to the public interests of preventing such a crime as murder wheie it has been really committed from going scatheless, are sufficient vindication of his anxiety to present to the jury the case for the crown in its strongest light. The prisoner's Counsel has the manifest difficulty to contend against, of battling with those rigid laws of evidence which strictly exclude from the consideration of a jury much testimony that would no doubt carry great weight with men forming an ordinary and _ free opinion upon a case. Those rules arc designed chiefly for the protection of the prisoner. By them hearsay evidence is rejected, unless the conversations have taken i lace in the accused's own presence. This rule was yesterday pressed to the exclusion of testimony which the prisoner's Counsel himself wished to elicit, as indicatingfrom the language of the dead woman her state of mind at the time immediately precedent to her unfortunate death. This was a cardinal point of the case, as the only issue the jury have to try is the one lying between suicide and murder. It was the duty of the Court of course to uphold the strict law of evidence, as established by centuries of judicial wisdom, and the practice of the tribunals. It was equally the duty of the Crown Solicitor to object to the admission of irregular and irrelevant matter ; and it was no less the duty of Mr South to press by the utmost ingenuity of legal argument the a.ocpptancc of "testimony so strongly tiUiinj? tho ejilftbliuhinont of tho liypotks.«i« on whi'oli tlio <Woikh"< is imWtl, ■As the \m\\w Mm]*, $ho plmm will

no doubt have the full benifit, of this, as well as of ether, evidence throwing light upon the question of the mental condition of his wife. Only ono impression can be left on the mind of those who were present yesterday, and watched the progress of this case — so momentous in its issue to the man who ftands arraigned in the do 2k on the most solemn charge that lies withiu the category of indictments — and that is that the calm majesty of the British law is at once the surest protector of innocence, and the surest minister of justice. By the most diligent enquiry, the most patient and painstaking investigation, tlie Truth is sought 1o be established; and 110 man can challenge a safer ordeal of trial, if his conscience be guiltless, than to bo '■ put upon his country."

In the Resident Magistrate's Court, yesterday, John ]>ra<l!y, brought up on leiuand for the larceny of two Ciime.in shirts, vas sentenced to one month's imprisonment with hard labour. John Reid and Charles Liar, for disorderly conduct and resisting the police in the execution of their duty, were each fined LI, or forty-eight hours in the logs. John Clark was charged by his vife with having broken into her house, wilfully destroyed her property, and also making use of threatening language towards her. She m i> fie application he should be bound over to keep the peace. This cusp was dismissed. The trial of George Stewart, charged with murdoriiig li'S wife, was commenced yesterday, and, as we anticipated, was not half concluded, though the Couit &.it till nraily scyen o'clock. Th "re are yet, we nndcistauil, some seven or eight witnesses for the Crown, and Air South staled, in answer to his Honor, that, he proposed exiling four witnesses for the defc-nfc. The jury, as will bo «sf>n by our report of the pioccc'lings, weie locked up. and will not be discharged from what is in fact custody till the ca c e is over The Court will be reopened this morning, and it is just probable that the trial may be concluded to-night. The latest intelligence from Rosalown, the chief settlement of the Tulara district, is dcciik-clly encouraging, as there is every probability that the deep lend will be traced through llr> large flat lying between (he township and Donnelly's. Creek. Tlio utmost activity and determination prevails amongst the miners who have in many instances associated themselves together into parties of fourteen, sixteen, and twenty, for the purpose of sinking their shafts on tlio eight hour shift system, and thus be more able to Mtcces'-fuUy contend v ith tin; body uf wilier met with at a certain dppth This provis a vciy great dra.vback to the development of the lead, necessitating the us-c of twenty and thiily gallon hogs, which lu.ve to I.c kept going night and day without interinis-ion. Iho pro'spcot.s, however, I hat have been obtained out of those shafts which have reached the thiid layer of auiilVious diift are sul'.icienily encouraging to warrant the expenditure of time and capital in striving to trace that which is now generally believed to be a bona fide deep lead of gold. Although this deep ground is the principal attraction, there are nviny men work injr on the shallowest p-irts of the tlat, and obtaining fair return -i for their labor. Some of the fifty feet ground is paying as much as Ll2 and LI S por man weekly, and a great deal of it will yield moderate wages. A meeting of the Improvement Committee ■was held last evening, when there Mere present Messrs Paliiier (chair), Munro, Eicke, Ec-cles-Gold, and Clark. The chairman announced lhat lie had seen Mr Rochforl, who had informed him that the plans arc completed, and the specification? and tracings would be ready in a day or two for Tar.ered and Weld streets. The improvements iv these streets would consist of a roadway 20ft. in width, and a footway on either side of the street. The residents in Beach street had requested assistance from Iho Committee, and the street was to be at. once surveyed, when, if the inhabitants would pay a fair proportion, the work would be at once proceeded with. Some general business was gone info, and t.c\cral notices of motion given, but nothing of importance was done. The re-uppeari;:ico of Miss. Pnlmcrcfon at the Theatre Royal last night, was greeted by the Ilokitika public ■with unmu-rakeablc satisfaction, if a house well and fashionably filled, may be taken as a criterion. At thi- we are not at all surprised, for our fair visitor has carried all before her by her charming, clover actina, and we are well pleased to iind the public of this town can so readily appreciate n superior entertainment 'when it is provided. This is as it should be, for it gives encouragement to tirsl-cla^s artistes to visit our shores. Of these so far there has been an excessive deaith; but we hope that for the future the undoubted Miecrss which lias attended the performances of Miss Palmers! on will induce others ofher class to provide us "nilh rational amusement, ■when she takes her departure from amongst us. 'The " entertainment " of lost night was excellent and "varied, consisting of clever impersonations und yongs. In the character of t lie " Quaker Crirl," introduced for (lie first time in Hokilika, Mic-s Palmerston achieved a groat success, and was rewarded by tip enthusiastic applause of Ikt audience, whilst ihatpiquantc ditty, " Do Dear," wasraptuiously eucnied, but not lesponded 10, on account of her heuy engagements for the night. A loed fong upon " the publicans of this town was bung, which took some of the gentleman present by surprise, and occasioned no small amount of amusement. The entertain ment concluded with the laughable comedy of the "Mannger in Dihicultie<," in which Miss I'.dinciston ar-Dcired to gveat advantage. As Handy Andy, she displayed an amount or' talent wo (mm h us we adiniie her) were hardly prepared to credit her with. It is to \-e h..ped she will be induced to prolong lu-y stay in llukilika beyond the time notified for her departure. '•The Escoit" arrived yesterday afternoon f i oni Ch listchurch ; not, howovcr, with any intention of renewing the endeavor to obtain West Co.ust gold tn carry acm.-s the intervening range, for shipment at Lyttelton, but to ensure to his Honor Mr. Justice Gtro.-son a "sat: conduct 1 ' back to his home, amid what the I'rchs calls the "comparative civilisation" of Kaslland. IVesumiug that the criiuinal biisincs, nf tlio Court will be concluded this week, an impoilnnt civil case remains for trial, and his Honor has, in addition, a considerable amount of insolvency business to fiausact. It is not likely, theiefoic, that the mounted cavalcade, on whom devolves the duty of seeing him safely through the dangers and dilnculties of an Alpine journey, will have the oppoituniiy of taking hi.s Honor in charge before the end of the ensuing week. The Rev. Lorenzo Moore, lato Episcopalian niin-i.-ter of Papanui in the immediate neighborhood of Christchurch, arrived in town last evening accompanying the indge's escort, to succeed thp Piov. MrlJowenin conducting the ministrations of •he Church of England at the Ojurf House, whidi has been lent foi the piupo^e by the Govenment until the memlets of the cliurch can succeed in putting up a building of their own .