Wellington Independent. "NOTHING EXTENUATE; NOR SET DOWN AUGHT IN MALICE." TUESDAY, 7th APRIL, 1868.

Wellington Independent, Volume XXII, Issue 2658, 7 April 1868, Page 4

Wellington Independent. "NOTHING EXTENUATE; NOR SET DOWN AUGHT IN MALICE." TUESDAY, 7th APRIL, 1868.

We are informed on the best authority, that the Duke of Edinburgh will not visit New Zealand. His Eoyal Highness having recovered from his wound, was extremely anxious to visit this colony ; but, as we are informed, his medical advisers were of opinion that the excitement attendant on a further public progress might have an injurious effect on his health, and it was therefore thought advisable that he should proceed to England direct. The G-alatea was to leave Sydney on Saturday last, the 4th inst, so that we suppose the Prince is by this time, on blue water, homeward bound. From the report which we publish elsewhere, it will be learned that O'Farrell has been tried, convicted, and sentenced to death, for " wounding with intent to milder, Alfred Ernest Albert, the Duke of Edinburgh." The wounding and the intention to murder were clearly proved, but a defence was set up that the prisoner was of unsound mind. His sister, and several other witnesses, gave evidence in support of this assertion ; but they failed to prove to the satisfaction of the jury, that he was insane at the time when he committed the deed. It appears likely that O'lWell will be hanged, though no murder was committed j probably because in New South Wales, " wounding with intent to kill " is punishable with death. It is not so by tlie law of England. Many years ago it was ; but an Act passed by the Imperial Parliament in 18G1 gave the judge a discretionary power to administer any punishment for this crime, from two years' imprisonment up to penal servitude for life. This Act was adopted in New Zealand last session, but it may not have yet become law in New South Wales, so that the extreme penalty is probably in force there. If this is not the ease, there may be some special Act in New South Whiles, making " wounding with intent to kill " a capital offence. At all events, it appears very likely that O'Farrell will be hanged. " The Prince, it is said, interceded for his life ; but the authorities thought an example necessary, and this wretched creature will in all probability be handed over to the public executioner. Larkin, Clarke, Manning, and the other Fenian smpathisers at Holritika have been committed for trial. It was thought that their arrest would have caused a breach of the peace, so when the news reached Auckland his Excellency the Governor sent oif a company of the 18th Eoyal Irish in H.M. s.s. Falcon for Holdtika, to prevent any disturbances arising. The Falcon came in here on Sunday, but as the telegrams from Hokitika showed j that everything was quiet, the soldiers were disembarked and remain in Wellington. The Falcon goes down to Hokitika and West port as a precautionary measure. The address to the Prince, adopted at the late public meeting here, had not arrived at Sydney when the steamer left, but his Eoyal Highness would probably receive it before tlio G-alatea sailed for England on the 4th inst, which was the date fixed for her departure.