SHIPPING.

PORT OF AUCKLAND.

ARRIVALS. Prince of Wales, cutter, 24 ton?, Packets, from Wangnpoa. Kirikiri, cutter, 12 tons, Hill, from Wan« garuru. Bessy, cutter, 23 tons, Ohlson, from Wai« kawou, with 18,000 feet timber. Apbil 28. W. C. Wentworth, barque, 315 tons, Davies, from Newcastle. Ivanhoe, schooner, 72 tons, McGregor, from Mongonui. Fiery Cross, schooner, 72 tons, G-. Short, from Oamaru. ' ■ Jane, schooner, 37 tons, Moller, from Tau ranga. Argo, schooner, 32 tons, from Bay of Islands.

IMPORTS.

Per barque W. C. Wentworth, from New castle :—330 tons coal, 31 tons coke, 27 tierces beef.—J. S. Macfarlane, agent. Per schooner Fiery Cross, from Oamaru: — 900 sacks oats, order. —Master, agent.

EXPORTS.

Per barque Anne Main, for London : —l2 cases, 122 sacks gum, J. Lamb ; 2 cases, 0. 11. Harris ; 1 parcel gold (143 oza. 10 dwts., J. O'Neill ; 14 cases, and 1 bag gum, H. B. Morton; 75 boxes gum, W. Grahame; 342 cases gum, Brown, Campbell & Co s 24 bales wool, S. Cocbrane & Son; 15 casks oil, 81 cases, and 135 sacks gum, 93 bales flax, 7 ditto- wool, Henderson & Macfarlane; 97 sacks gum, 40 bales flax, 1 case pearl shells, J. S. MacTarlane; 1 case, GVuiokshank, Smart and Co; 44 cases gum, Lewis Bros ; 1 box old jewellory, R Beck; lOpkgs gum, Bucholz &Co; 102 cases gum, Stewart & Anderson; 17 bales flax, Eolpb, Sterry & Co ; 13 bales wool, 12 bales wool, 12 casks tallow, 143 bales flax, Kinross & Co ; 19 eases gum, J. Robertonand Co; 173 cases gum, K. Walker; 60 cases gum, W. J. Hurst & Co ; 15 bales wool, Stuart & Co; 1 bale slieep skins, 119 bales wool, 53 casks tallow, Kinross & Co ; 56 bales flax, Watt Brothers ; G casks, 741 hides, 147 cases gum, 179 bales flax, 2 packages, Cruick* shank. Smart & Co; 104 cases gam, R. Walker ; 11 casks lillow, J. Banks ; 15 bales, 1 bag wool, Stuart &Co ; 8 bales cotton, 88 cases gum, 40 bales flax, 1 bale cotton, Cruick shank, Smarb & Co; 56 bales flax, D. Hutchinson ; 2 cases sauce, T. and S. Morrin. —Cruiekshauk, Smart & Co., agents.

THE BARQUE ANNE MAIN FOR LONDON.

This fine barque will in all probability leave our harbour tomorrow, for London. She has completed her loading and "will clear at the Customs early to»niorrow morniug. In addition to full cargo of colonial produce, she •will take some 3000 or 4000 ounces of gold, to be shipped by the Bank of New Zealand and the Bank of Australasia. PjlSSEngees.—Tin Rev. David and Mrs. Bruce ; Master Hector aud Miss Mary Bruce ; Mr. and Mrs. John Smith and daughter, Mr. Alexander Aubrey, Mrs. John Beazley.

The barque W. C. YT. ntwor'h hauled alongside the -wharf this morning. The barque Caroline is still in harbour windbound. The schooner Herald cleared at the Customs this morning for Hokianga, and -will take her departure with the first change of ■wind. Cargo :-^TJnder bond : 2 boxes tobacco, Owen and Graham ; 12 cases whiskj, T. F. Hall ; 10 cases geneva, 10 ditto old torn, 20 ditto geneva. 'Lewis Brothers ; 4 quarter cases wine, 2o quarter cases genera, 4 boxes tobacco, L quarter cask brandy, 20 cases geneva, 4 boxes tobacco, J. S. Macfarlane ; 7 cases drapery, 1 box tobacco, John Leek. Free gooJs—6 cases sardines, 20 cases buiscuit, 6 cases brandy, J. S Macfarlane ; 1 case vestas, 5 tons flour, 12 packages, Lewis Brothers ; 58 packnges, Lewis Brothers 5 5 ditto ditto, J. JLeck ; 36 bags sugar, J. S. Macfarlane ; 8 packages, Morrin; 89 packages, J. S. Macfarlane ; 59 furnace b rs, 60 packages, 11 bundles bags, 2 bags sugar, 4 packages, J. S. Macfarlane. The Circular Saw Company's s.s. Phoebe, Captain Worsp, is expected in Ihe Manukau on Monday next, from Southern ports. Tlie s.s. Storm Bird and Keera, from Wan ganui, are both due in the Manukau. The schooner Ivanhoe arrived in harbour last evening, having* left Mongonui on Tuesday last. She experienced S.h). winds throughout. Her cargo consists of 5,000 feet timber, 14 tons gum, a quantity of settlers' produce, and seven passengers. The barque W. C. Wentworth, arrived in harbour from Newcastle last evening, bringing a cargo of coals to Messrs. J. S. Macfarlane. Captain Davies reports leaving Newcastle on the 12th instant ; experienced light N.E. winds to the North Cape, which was rounded last Tuesday, and since then S.E. and N.E. winds till arrival in port. The Clipper schooner Fiery Cross has made a very good passage from Oamaru, and brings a full cargo of oats, consigned to order. Captain Short reports having left Oamaru on the 14th inst., with N.E. winds, which con tinued for the Srst 24 hours ; thence to Cape Campbell variable winds. The East Cape was made on Sunday last, and on the same day a heavy N. W. gale compelled her to take shelter in Hick's Bay. The gale continued for three days, veering to westward, and on Wednesday moderated. The schooner left there on Wed nesday last, and experienced variable winds during tna remainder of the passage, arriving in harbour at 7 p.m. The schooner Jane arrived in harbour last night from Tauranga, having left there on Wednesday morning. She brings three pas sengers, Captain Sellers and two others. There is no naive news.

COMMERCIAL.

EVENING- STAR OFFICE,

Thursday Atternoon.

Messrs. S. Cochrane & Son had a very large attendance at bis sale of books this morning. Good prices were obtained.

CHIEF POST-OFFICE.

Shoetland-steeet,

Mails will close as under :— For Thames, this day, at 5.30 p.m., and to-morrow at 10.30 a.m., aud 2"30 p.m. For London, per Anne Main, to-morrow, the 30th ins t., at 11 a.m. For Russell and.Kawa-Kiiwa, per s.s. Tau ranga, to morrow, the 30th instant, at 4.30 p.m. For Mongonui, per Ivanhoe, on Monday the the 2nd May, at 3 p.m. For_the .Australian Colonies, per s.s. Hero, on Wednesday, 4th May, at 2 p.m. Mails via San Francisco, per s.s. City of Mel bourne, W;ill close on Wednesday, the, 4th May, as under:— For Vancouver's Island, British North America, United States, Central and" Eolith America, West Indies, Continent of Europe, at noon. For Sandwich Islands, at noon. For the United Kingdom, at 1 p.m. For Money Orders, Registered Letters, ,*nd Newspapers, at 11 a.m. Late correspondence for the United Kingdom and America (bearing a fee of 6cl. in addi tion to the postage) will be received till 1.30 p.m , and by the mail agent.on board, until time of sailing. Note. —The postage on letters for all places sent via San Francisco, is the' same as that for places sent via Suez and South ampton. S. B. Biss, Chief Postmaster.

MARRIAGE.

Bridgman— Blakey.—On the 26th April, at the residence of the bride's parents, by the Rev. J. Wallis, William Row Bridgman, to Elizabeth, third daughter of Mr. T. Or. Blakey, Onehunga.

DEATHS.

WAKDETiL. —On April 27, at Sliortlandi Emily Jane, the beloved wife of Francis Joseph Wardell, aged 27 years.

The Evening Star. FRIDAY, APRIL 29, 1870.

It is often proudly claimed that the press is the great teacher of the age. And the claim is a just one. Pene trating into the home and the counting house, hearkened to in the senate and by the fireside, teaching where the voice of the preacher is never heard, it is widely influential for good or evil. With such a mission and such preten sions, the character of the press should accord ; and to the honor of British journalism, it can be said that its esprit de cotps is characterised by high-souled chivalry and honor; and we have no hesitation in asserting that it is the duty of every member of the fourth estate to religiously defend the purity of the order, and to purge out the unclean thing. That such a course is sometimes requisite is evident from a few incidents of journalism in Auck land. During the visit of his Excellency to the Thames a few months ago, our contemporary the Daily Southern Cross sent a special commissioner to report in full the vice-regal progress. A package containing a voluminous report from the Commissioner was addressed to the Daily Southern Cross and forwarded by steamer to Auckland. While the steamer was lying at the Queen-street Wharf, the editor: pf. a contemporary being on board, saw the package in the saloon, and coming up on deck directed his then shipping reporter to go below and take it. The reporter did as ordered, and gave it to this man, who put it in his pocket, and its contents appeared in extenso in next morning's issue of his journal. That package, of course, never reached its original destination. Subsequently the same shipping reporter deposed to the above facts on oath, before a magistrate; and his affidavit is" at present in the office of the Daily Southern Gross. .., m I

On the morning of the 24th tflnuary last, the following notice, which is sufficiently explicit appeared over the leader in the Neio Zealand^ Hetdld:—-{. " In conse^ienqe^of our Tauranga corres* pondent's letter} in-reference to the attack by- ToKooticm the Oiuuemiilu, Pa, &8., having been by some ineana .'obtained from our office previous to the"publication of the J\ rew Zealand Herald on Saturday morning—and which appeared in the. columns of the Morning Advertiser of that clay—all persons connected with that journal are cautioned agaibst coming to this Office after ordinary busipess hours under any pretext whatever.— Herald office, January 24,1870." On. the same date we find inserted in our own journal the following para graph :— ' Journalism. —We must still express our indebtedness to the kindness of the proprietors of the Daily Southern, &o»and 2\ reiv Zealand Herald for the use of their exchauges. Our own files from the Southern provinces arrived in due course by the Phoobe, but on our calling to receive them we were informed that the shipping reporter of a contemporary had represented himself as authorised to receive them, and accordingly obtained our exchanges. We are quite prepared for honourable compe tition, but in this style of thing we are not adepts ; and we give distinct warning that if ever again our exchanges are interfered with, we shall promptly institute legal proceedings in a criminal prosecution. This warniug was insufficient; the offence has been several times repeated since; and yesterday the proprietors of this journal appealed to the Courts of law in a civil action. The case is fully reported in another column, and needs no comment. It must be patent to any one that the files of exchanges j are the food of journalism, its very I necessaries of life ; and as well might we appropriate a case of drapery or a chest of tea from a merchant's consign ment, as steal a correspondent's des patch, or filch the files of a contem porary. . The Resident Magistrate expressed j his opinion of the case in giving sub- j stantial damages, but we think it will | be seen by all that, though the re porter of the Morning Advertiser has been justly amerced, the really guilty has nob yet been reached, nor the ends of justice fully attained. We honestly believe that Mr. Drake had not guilty intentions, and that had his wishes been consulted, the files would have reached their proper destination ; and from the character of this gentleman and the esteem in which he is held, it was and is a source of regret that he should have been necessarily involved in the prosecution. But when we find that in this city the stealing of corres pondents' letters has been openly boasted of; the pilfering of news from a printing machine room gloried in, and filching files regarded as fair game, and to be repeated ; when we find journalism with brazen effrontery flaunting its infamy about the public streots, it is high time that the Press, whose ranks are those of gentlemen, should purge itself; that a stand should be made for the honor of the order, and that newspaper scoundrel ism should be tarred and feathered.

The Hoyal Alfred will leave for the Thames to-morrow morning at 10 o'clock, instead of half-past 10 as previously an nounced. The case of Morrin and Jones v. ?'ourley, set down for hearing at the liesi dent Magistrate's Court this morning was not tried, the parties having come to a settlement. A.FTEE a protracted otitim cum diqnitate our old friend Mr. Gourlay has resolved to favour the Bay of Islands with his inimitable entertainment, and from the cordial reception he has hitherto met with, and the -amusing nature of the show, we augur for him a successful trip. A peculiaely handsome walking-stick is to be seen at Mr. P. If, Lewisson's, Queen-street, 'i lie wood is of mottled kauri, the knob being one square of green stoned, edged with silver. There are four square greenstones round the side of the knob, each edged with silver. The price of the stick is £7, and we would recommend any fortunate speculator who uses such an aid to progression, to step into Mr. Lewisson's and invest. The article is really unique. The p.s. Duke of Edinbui'gh will leave for the Thames at 11 o'clock to-night,: and the Enterprise at 9 p.m. The Williams and Royal Alfred both leave to-morrow morning, the former at 11 a.m., and the latter at 10 a.m. In the Police Court to-day, during the hearing of the charge of wife desertion brought against Mr. C. Sanderson, a debate arose between the learned counsel involving points of law as to evidence of marriage, and it was clear to any specta tor how much the Bench would have been bene'fitted during the debate by having time to take dispassionate legal opinion. And we think that magistrates who devote stieh a portion of their .time and services to the public, and who are not expected to have a professional acquaintance with the intricacies of the law, should have no hesitancy in I taking time for this purpose. And. especially now, when the JKota of the Police Court has been fixed ; and Mr. Beckham will be more fre quently absent from the Bench, and Magistrates with less experience of legal questions than the Justices who usually sit, will have from time to time to decide I on legal questions. Any such hesitancy i should be'Danishedfrom the mind. From ; i the amalgamation of the professions, the highest and (lie lowest legal talent, and

questions involved in the-juicesii^gal in tricacies, or in worthless quibblmg, *nay appear at any moment in the arena of the Police Court; and: it may be before the most inexperienced of those .holding-her Majesty's commission. The Magistrate s should kuow that there is no discredit attaching to an adjournment expressly for taking legal opinion; and,that the public, whb benefit by their services, do not expect from them anything more than the usual intelligent and legal knowledge of gentlemen. - An amusing dispute took place to-day iD the Police-court in the case of Sander son v.\Saiaderson. The counsel for the plaintiff called Mr. Cunningham, Clerk of the Court, who, being sworn, proceeded to give evidence from his desk, taking notes at the same time. This was objected to by counsel for the defence, who cited the case of his Royal Highness the Prince of Wales, Sir George Grey, and many others of the great ones of the earth who had appeared in -the witness-box; but maugre tlie Prince of Wales and all the rest of them Mr. Cunningham kept his place, and quietly proceeded, in which he was protected by the Bench, for the simple reason that his absence from his deposition-book would oblige the Court " to report progress, and ask leave to sit again." At length the Court adjourned, that Mr. Lodge might take Mr. Cunning ham's place, and so enable him to follow tho example of the Prince of Wales, and all the others cited iv illustration by the learned counsel, Mr. Brookfield. We would call the attention of our readers to the entertainment which will take place this eveninj* at St. Matthew's Schoolroom, in aid of the funds of the Sunday-school. The entertainment will commence at half-past seven o'clock, and as a very excellent programme has been arranged, we have no doubt there will be a very largo attendance. A meeting of the members of the Auckland Medical Society will be held; at the residence of Dr. JLenderdine, at 7 o'clock on this evening. A special meeting of the members of the Auckland Rowing Club will bs held at the Hoyal Hotel at seven o'clock on Monday evening next, when every mem ber is requested to be present, as the business to be transacted is of import ance. A deputation consisting of several of the settlers of tho Mount Albert High way District, waited upon his Honor yesterday morning, in reference to the condition of one of the small roads in their district. His Honor gave them a satis factory reply to their application, but the proceedings were devoid of all public interest. A labgkly-attended meeting of the A.X.V. took place last evening, at the Drill-shed, for the purpose of considering the present unsatisfactory condition of the force. About eighty members were present, and the chair was occupied by Mnjor Tisdall. The meeting lasted for nearly three hours, and a number of resolutions were passed. As may be imagined, there was a very great deal of talk, but the net result, so far as the resolutions are concerned, do not, we think, amount to much. The various discussions which took place, however, gave opportunely for certain explanations tending to restore. a good feeling among the officers and men, and if this object alone has been attained the meeting will not have been in vain.

ACCIDENT ON THE HAPE.

TRAMWAY. A sbeious accident occurred on the Hape Creek tramway last evening, by which one man had his leg broken, and another was rather severely injured.

Why should a young man who happens to have his arm thrown round a nice young wo man bo reproved for extravagance ? Because he is wa(i) sting a valuable article. Brigham Young's last proposition is a legis lative " stunner." He promises to confine himself to one woman, if every member of Congress will do the fame.

POLICE COURT.- FRIDAY.

Before James CTNeill,. Esq., and M it-ford, Esq., J;P.'s.) DRUNKENNESS. L. Smith and Bernard Clarke were charged with this offence, and fined 5s and costs, or to be imprisoned 24 hours. John McGhiffy, for a second offence, was sentenced to a fine of 10s and cost, or to 48 hourt' imprisonment. . t , ■ DRUNK AND DISORDERLY. I v Alex. McMillan, charged with this offence, being on bail, did not appear, and his bail was forfeited. LARCENY. Wiremu, a Maori, was charged with feloni ously stealing a coat, the property of Messrs. Keesing, Doitsh, and Keesing, on Thursday last, value 365. I Mr. Brown of the Native Office was sworn as interpreter, . . Prisoner pleaded not guilty, • ■■-..,: {„,! .£ Henry Asher deposed : I am in the service of Keesing, Doitsch, and Keesing, drapers, of Queen street. There were coats, capes, and other' articles hanging outside the shop at a quarter past eight on Thursday last, and remained so till about five in the evening. One coat was found missing; the coat pro duced is that one ; it is valued 365. Found it afterwards on prisoner's back at the Cres cent. Same prisoner was also charged with steal ing a cap, the property of Numegan and Moses. , Lemon Selig deposed : I am a shopman in the employ of Nuraegan and Moses, Queen street. Sayv prisoner yesterday. ,He came into the shop on Thursday, the 28th inst., and offered me ,10s. for a pair of trousers. After, hearing of his arrest, I saw with him the cap produced, the property of my employers. Jti is valued at 6s.

To prisoner: You did not buy that cap in our shop. Sergeant Jas. McCafferty deposed : Prisoner was given into my custody yesterday for steal ing a cont. On searching him I found the cap produced in his pocket. He told me he had bought it in a shop in Mechanics' Bay. It was identified by the lust witness.' Sentenced to be imprisoned, for the first offence, two mouths, with hard labour; and, for the second, one month, with hard labour, to commence on the conclusion of the first iin prisonmenfc. TAGEANCT. Ann Barmeth was charged with a breach of the Vagrant Act. Pleaded guilty to having been convicted of drunkenness three times during the last twelve months. Sentenced to be imprisoned one month, with hard labour. Lettetia Hughes, who appeared with a baby in her arms, was charged with, the same offence, and pleaded guilty to three similar convictions, and was sentenced to the same penalty. ASSATTLT. Eichard Marshall was charged by W. T. Donald with having assaulted him, on the 24th inst., by striking him.. Mr. Bennett appeared for the prosecution, and Mr. J. B. Russell for the defence, and stated that as there was no desire to drag the matter —a family quarrel—before the public, the case had been settled. No evidence having been adduced the case was dismissed. DESERTION. Charles Sanderson was charged by Cathe rine Frances Sanderson with having de serted her, and failed to provide, her with proper means of support since October, ,1869. Mr. Hesketh appeared for the prosecution ; Mr. Brookfield for the defence. Catherine Francis Sanderson deposed : I know the defendant. [An objection was raised by counsel for the defendant as to the right of putting the question whether defen dant was her husband.] The Bench ruled that the proof of his being her husband must be given in another way.] Have been 18 years in Auckland. Knew the defendant before coming here. Came here from Eng land with my husband and children. I mean by my husband, the defendant, Mr. Sander son. Hero a dis"ussion occurred between the learned counsel as to the reception of this evidence, and the Bench refused to receive. Mr. Hesketh asked that it should be noted that he had tendered evidence direct from Mrs. Sanderson herself; that she was married legally to defendant; that she had lived with "him as such, and had a family to him; and that it bad been refused by the Court. Examination continued: Came out to this country, iv company with,defendant, bringing my two children; their father is Charles Sanderson. Lived with defendant here for twelve years, having been from him for six years. We have had ono child born since we came here. Defendant is tbe father of this child. Have taken proceedings like these against bim before in this Court. When he turned me from my home he allowed me thirty' shillings per week. I brought him up because he ceased paying that. I I brought him up last June, when I ngreed to take £1 a week. He has paid me £4, and I have now- no means of support—not a penny. Have applied to him for this money, but he has not paid it to me. Was asked in Jiuie to take £1 o week. Defendant -was in Court then. There are £40 due to me now. He was here himself, and you (Mr. Hesketh) were with him. Defendant had no cause to leave me. The Bench stated that this was a very bad case,indeed, and suggested an adjournment to get independent e^ idence. Mr. Hesketh stated that the only reason the case had been brought up was that tbe Clerk of the Court had not taken.sufficiently full notes of .tho.case when an order had been made by the Bench on the last occasion. The IBenc'i still objecting toreceive the evi dence of Mrs. Sanderson. Mr. Hesketh asked that a note be taken that the Bench objects to receive eVidenca out of the wife's own mouth that her husband'had deserted her. Mr. Cunningham, Clerk of -the Court, de posed : I am clerk in this Court. Mr. Brookfield objected to Mr. Cunning ham giving evidence while taking notes. The case was adjourned until tort-morrow, in order to have a clerical substitute, ho that Mr. Cunningham might give evidence from., the witness-box. The Court then rose;

RESIDENT MAGISTRATE'S COURT.

Thuesday, Apbil 28. (Before T. Beckham, Esq., R.M.) EEKD AND OTIXEttS V. DEAKE. Clniin £20, damages for wrongful conver sion. Mr. Wynn and Mr. Hesteth appenred for the plaintiff. Mr. Bees appeared for the de fendant. • This was described by the learned counsel for the plaintiff as a somewhat novel action, certainly one of a kind that had not come before the Bench during his experience in that Court. It was also a peculiar action. The plaintiffs are the proprietors of the Evening Star newspaper. According to the custom of the business they had arranged for " exchange" of newspapers with the pro prietors of other public journals throughout the colony. It appeared that a parcel of newspapers had been sent into Auckland for the plaintiffs, and was left at the police office. The defendant.was connected with a nows» paper called the Morning Advertiser, and it appeared that he obtained the rtapers from the persons in charge at the police station. He looked at the address and said, " All right, I will take them;" This was the subject of complaint. The intrinsic value 6f the papers was not much. •. .But the injury that n;ight bd done 'by this means wns exceedingly great," for "it was of., great importance to. newspaper proprietors that they should not be deprived of the means of carrying qn their trade, and the essential part of ■ this business was to give the earliest information to the public. But if the action was a novel one, it appeared that such conduct was not novel, and it was to be hoped the present proceed ings would put it down. A judge in a case of the sorb had asked the question: " How is it to be put down ?" And the same learned judge supplied the answer "by exemplary damages." It was with a view to put the practise down that the plaintiffs now came before the Court and asked to be protected from such unfair dealing, and that gentlemen connected with the press should be taught that in resorting to such expedients they were

committing -what almost amoun/tedtT^*"*"'' ceny. I a 'at. Mr. Rees said llio defence was, tliattli fendant received thrse papers f TOm one nf a' police officers; that he wns informedtl f were for his "offioo ; that In look cli * them, and handed them to Mr. PeiTier m^ t defendant had nothing to do with the ' I beyond that. ro^e t I Mr. Brewer, Sub-Collector of Custom. • he received files of Southern papers fm,' a I purser of the Phoebe, addressed to the! 1 ing Star, and brought them into Auokl.lT I When he arrived in town lie found that th '! was no letter bo* at the Evening Sta roffl I Saw Detective Ternahnn, wlio undertook ?' E take charge of the paper-, and give them t I some person connected with the paper. I Detective Ternaluui said he received Hi papers from Mr. Brew.-r, as described. JVj I them on the lnantleslvlf in the police offi I In the course of ihc evening the defendant I came in, and Ber*oiinL IJvers'saiaiS'jj;^ .|i there are some papers-of yours. Witae,/ 1 could not say whether (lie defendant US' I self took the p:.pe,s from the shelf." (S I not say whether he told": the" ■ defendant S that they were for Ihc !Mar. , c' Cross -examined : W;\s sot c ertain \rhitfo he said they were for (.he Morning Advertiser He might have snid ?o. ...„■' William Drake gni-i : I am defendant in this action. I remember ing the,papers from Detective Ternahan. Jle told me tW» were for the Morniii'j Advertiser. :£ to* them to the Morning Advertiser 'office and gave them to Mr.. Pi-ma1. Ternalias after wards told me that there wa3a lowabjut the bundle of papers. I was accompanied fa Mr. Humphreys. I remember a conversation with Humphreys on the way from thepftlice I station. I said, " What a lark it would be if there should be any mistake." } !;!' '' V1 ' Mr. Wynn : How came you to make'iubli; an observation ? Witness: I cannot sny; t';'o paperlud stopped for a while, aud I was surprised' to' receive so large a bundle of papers. I canngV say whether there was a letter box in tlie Morning Advertiser office. I never looked. Mr. Wyriu : Bat how came you to male such an observation if you had been told they were for the Morning Advertiser ? , Witness : I cannot say." Mr. Humphreys turned and said to me, "Oh no, there can bp no mistake, for I distinctly heard Ternaha&?| say they were for the Morning Advertiser" I saw a paper in the Advertiser office-aft^. : wards, which was addressed to the Star, ancl that led me to be'ieve there had been a nil! take. Sergeant Evers, examined by Mr. Wtnn, said he was present when the attention of the defendant was called to the bundle of papers' on the shelf. The words used were, " There are some papers for your office." Witness did not hear the Morning Advertiser <:x*m< tioued. Believed the words were, there are "papers for your office." There was some thing said about there being no letfcer-bdx at the Star office. The defendant looked, at the bundle-of papers. Believed they belonged to the Star, but did not know the defendant, or.' whether he was not connected with the Star. Cross-examined by Mr. Eees : The Morn ing Advertiser might have been mentioned. >fc was not paying particular attention. - ■ >, .' • Mr. G-. M. Reed, one of the proprietors of lie Star, was examined as to expecting thesefilS' from Southern ports. This closed the plaintiffs' case. ~ . Mr. Rees said that this was a novel caaefoj , an action in trover, where there ■was no pro-:! perty in the plaintiff. There was not'tie l' slightest evidence of anything else than that the wrong papers were given to thiß wrong man. He felt sure the Court would.think ■{ that Mr. Drake's statement could not be doubted. The best evidence of its truthful-; ness was' that, it alone contained the'.onlj*. matter that could support the plaintiffs1:;, case. A witness, named Humphey, was examined for the defendant, but he evidently proved t0p,",,., much. He-said DraUe never looked WuV newspaper parcel. He corroborated the oon- [ versation about the " lark" there would be if a mistake were made. He tolcl- Mr. Drake*, that was nothing to him, that he bad certain duties to perform, for which he was paid by his employers, and more in the vein Tdr»,s*K' ' Achates to this little adventure. [i'iol wi;;i;i Mr. Wynn said the question for thevOotirt;^ wai whether the knowledge, of the owner ship of these papers was brought to the notice of ;tho-defendant before he did thitfortuoui act. The evidence of Sergeant Ererswoato, the effect that the conversation arose about there being no place for them at the ; Stat. office. Mr Drake himself said it would be a lark if these papers should not beforthß^ Advertiser after all. Did lie take the-trouble-to>'; look, aud, if not, why not. He well knew thej., j were not for him, and he was only too glad to1 remain in ignorance- He saw a paper in tm Advertiser offioe. the same evening addressed to the Star. There was no' doubt he must hare known that a mistake had been made, and he was content to take advantage of it. His Worship, in giving judgment, said: This case is very clear, and; very simple. We find, in the first place, that a bundle of news papers addressed to the Evening Star is, «f*j^ with the police. Terriahari corroborates that- • statement. We next find that the defendant go?s to the polic? office for information. These papers are, at all events, there at tji« time. There is some doubt whether he first saw the papers, or had liis attention drawn to them. But he took them. The defence set up! is, that there was mo wrongful conversion. K"ow, the renmrks of Mr. Drake aremest ■■] peculiar. Had he any knowledge that h^im i doing what wns wrong ? He says : « What a lark it would bo if there was a mistake about these papers;" and he gives a reason *BT »»;.. should have great doubt upon bis mmd aW>ujt , these papers. He says, " the newspaper .ro which he belonged had stopped." \ That was ; ani excellent reason why there should be no exchanges ; and as there was not likely.to oe such exchanges, and there , wtaw ,v« 0'!c " changes, he ought to know tbjt tur? papers could not have been for the >*«*"» Advertiser. He knew well they we«Tnot ior that paper; and this doubt being on his mino, can it be supposed that he would looked at the parcel, and seen how itj w«» addressed. That same evening, he savß' ~ saw one of the papers addressed to the at - Did he go and rectify the damage he».. djne ?" He did not, As to the evidence i« the defence, Sergeant Evers said distOT that Drake looked at the papers. KmV^ reys said Drake never looked at / One of them must be wrong; they■ ■ °an"" both he right, that is very evident. JuUgmeu must pass for the plaintiff for £5, ana oo»»'

THE EVENING STAK, APRIL 29, 1870.



KOTI C E. AS numbers of our supporters have ex pressed a desire to receive their papers as subscribers, instead of purchasing them from the runners, the Proprietors of the "EVENING- STAR" beg to intimate that from this forth, any person so desiring can have the paper delivered regularly on the terms below specified. HEED, EERRAR, & CO. Sub3CEIPTION t —Per Quarter, ss. 6d., pay able in advance ; or, 6s. 6d. if booked. TO ADVERTISERS. THE Proprietors of the "EVENING STAR" beg to intimate that all ADVERTISEMENTS for insertion must be received at the Publishing Office in VULCAN LANE, Lower Queen-street, not later than IWO O'CLOCK on the day on which they are to appear. THE BILIARD ROOM of the EX CHANGE HOTEL, will be CLOSED from this date. BROUT & Co. April 22nd 1870. ANDERSON & G-ARLICK, (Late Lilewall & Rattray), QHIPCHANDLERS, SAILMAXERS, &C, LOWER QUEEN-STREET.