SHIPPING.

STEAMERS FOR THE THAMES THIS EVENING.

PORT OF AUCKLAND.

SUSS ST.—Thisi evening, 6.6. HIGH WATEii.—This evening, 3.7.

Comerang, 0 o'clock. Enterprise, 7 o'clock

ARRIVALS

Aurora, schooner, 42 tons, Brain, from Kaipara. Phcebe, s.i, 416 tons, H. Worsp, from Southern POctmerangyp.3.,Cbrisp,iromßayof.lslands. Duke of Jidinburgh, p.s, Farquhar.j from Bay ot ISSna, barque; 400 tons. Stephens/fro^"NewcastleT Eon, schooner, from Launceston.

DEPARTURE.

Mary Eliza, cutter for lea Gull briganiue, i 22 terns, P.Jones for Levuka. MerUn scSer, 41 tons. M. Yates, for Levuka.

PROJECTED DEPARTURES.

Lovdon- -Beth Shan and Countess of Kiritore early. Km PoKTs.-Wellington, *.*., about 9th;

Phcebe, eariy. New York.—Alice, early. Wasganui.—St. Kilda, Tuesday,

VESSELS EXPECTED.

Hero, s.s. from bydney. Keera, s.s., fro-n Southern Ports. Nevada, p.s., fvom Hono'ulu. City of Auckland, shir), fro-n London. Chile, ship, from London. Ballarat, barque, from London. >ovelty, barque, from Cydney. Briton, b-irqre, fro-n Newcastle. Frowning Beauty, barque, from Newcastle. L.dy i?ranklin, barque, from Sydney. Crest of the Wave, schooner, from Napier.

IMPORTS.

Per schooner Don, from Launceston :— 82 tons potatoes, Jakins and VVilcox.

The b.b. Piicebe, 11. Worap, Esq., com mander, arrived in the Manubau yesterday from Southern ports.. We are indebted to Mr. E. B. .Pringle, purser, for files, raa sen^ers—Mr., Mrs.', arid Miss Jones ; Mr. Bonniiigton, Mr. Jones, Mr. Mason, Miss Davis Miss Sharlandj Mrs. Hyskell. Messrs. Paddon, Mate,' Smith, Ward, Adair, .Tones, and Snell. Move cubiu : Mrs. Allen, Mr. and Mrs. Warnsop, Mr. E^rLuue, Mr. and Mrs Carroll, and four children, Mr. Seaton, and Mr. Haigh. . The: p.s. Comerang,- Captain Lnrisp, re turned from her usual weekly trip to Russell yesterday morning. Passengers : Mrs. Lang and family (5), Mrs. Cook, Mr. and Mrs. Archer, Key. Mr. Burrows ; Messrs. Howe, Har^raves Davie?, Martin, Master Joyce, and two in steerage. Cargo : 90 tons coal, 4 tons gum, Walker; 3 tons gum, S. J. Edmonds ; 1 ton luggage, Laing.

ARRIVAL OF THE AURORA.

The schooner Aurora, Captain Brain, ar rived in harbour this morning from K'dpara, havin» left there on Monday, the 2nd instant. She experienced strong westerly winds totlie North Capo, which wus rounded on Saturday. Since then had northerly winds till arrival. Cargo:—33 bags gum, 150 cases ditto, Brown, Campbell and Co. ; 6 bdgs gum, J. S. Macfar lano ; 2 bales wool, BucHabd j 33 bags gum, Scarrofc; 85 bags gum, Stone Brothers; 2 casks pork, 3 bundles bacon, J. Bobertou ; 1 case, Grittos.—M. >-icco', agent.

ARRIVAL OF THE DON.

The topsail schooner Don, ■ Captain J. Author, arrived in "harbour this afternoon, bringing a cargo of Hobart Town potatoes, consigned to Messrs. Jalrins and Wilcox. TJie schooner has made a good run of 13 days.

THE MAILS.

Mails will close as under : • For Thames, this day, at 5.30 p.m., and to-moire ,

at 11 a.m. and &.30 p.m. •„„-«* For Wanganui and Southern provinces, psr bt. Kilda, to-morrow, at noon. Late letters and tele grams for transmission from the Wanganui station will be received at this office till 12.80, and at Oae- F^^feffe etc.,perCl7de,to-morro,. at For^ssell- and Kawakawa, on Th-irsclay, 12th lust.,

For KaiSnga,' etc., par Lalla Pwookh. on W«Tjoe?d^,

tor Xaranaki and Southern provinces, per Pl»be, on Saturday 14th instant, at 9 a.m. Late letters and tele-rams for transmission itorn the .s el-son station will be received at this dffic-: 'till 9.30, and at .. Onehunga till 10.30 a. m. For Taranaki and the Southern I'd inoes,; per s.s. WelUngton, immediately after urnval of p.s. Nevada, from Honolulu. ~ . . For the Australian Colonies, per Nevada, six hours after her amvai. jL~<4r '■ , 3. H. Bt.-<3. Chief Postmaster.

COMMERCIAL

Evening- StatsO lice, Monday afternoon., . The attendance at Mr.Sibbi land.sale'to day was good, p. .J brisk ■ oofn]«lition lor the Coromamiel lands, which were ultimately sold to Mr. Wm; Kari && £116 15s. The house liold furniture ftfc Shelly Beach was sold in one lot to Mr. J. Davidson, at a fair price.

CALLS AND DIVIDENDS.

The following are the current calls and divi dends payable in tKw cofapanies named be low :—

MARRIAGE.

Copelani> ILureiHoir.— On October 4, at St. Vat rick's Cathedral, Honry John Copeland, to Selwia Ellen, second daughter of the late W. Harrison, Mangavai. Melbourne papers please copy.

DEATH.

Adaib..—At his father's residence,, Sytuonds-street, on October 7, William T nry Adair, infant son of Mr. William P*. Adair, agod three months. Tl)3 fiiue.-il will tike place to-morrow (Tuesday;, at half-past three p.m. Friends please accept this invit ition.

AMUSEMENTS, MEETINGS, &c. THIS EVENING.

Rifl* Brigade, Drill-shed, 7.30. Excelsior Minstrels, Prince of Wales, 8. Q-ourlay Family, Theatre Royal, 8. Muvray'rf Grear, World Circus, 8.

; Return of sick treated during the week ending Saturday, (Jctober 7, 1871,: at the Provincial Hospital:—Remained last return, 71; admiHecl sinro, 10; discharged, 7; died, 1 ; ijemuining, 7.5 ; in.ilus. 61 ; females. 12, Arrangr-mii,!. oV case-* : -HJiinoer, Ai ; sVphUis, 3; scrofula. 1 ; jjuLbisis, 12 ; rheumatism ~4M'A lunacy, 2;: j>aralydis,"7:; chorea, 2 ; epilepsy, 3 ; amaurosis, 1; opthalmia, 2 ; bropchitia, 30; aneurism,!, heart disease, 2, ;\ liyer disease, 1; tumour, 1; abscesis and ulcer, 5 j . %ouiids • and conttieions, 4 • fractures, 2; necrosis, 1 j^stula, X • burn, 1; cutaneous, X ; debility, 5. A man "died on the 6th. instant from injuries, fcue result of a boiler explosion,..

The Evening Star.

" For the cause that lucks assistance, For the wrong that needs resistance, For the future inthe' 'distance, ; (> And the good that we" can do.

MONDAY, OCTOBER 9, 1871.

I The case; >'Mclntosh v. Ilorno and Jervis,-Justices, of the Peace," affords >an illustration of"what may happen to 'a Magistrate in Now Zealand And we have not the smallest doubt that it will lead to important results of some kind. These two Magistrates, in the perForlnance oT" flfeir' gratuitous- ser vices to the public, have committed an act which can scarcely be described as an error of judgment, inasmuch as it was performed under legal advice con veyed to them without any reserve. Certain persons were brought before them, charged ;w : it.h refusing fto work, in accordance with agreement, at the Bay of Islands. Tho Justices were inclined to merely return the men to their hired service, but were'authori tatively informed that this was ultra vires, audthafc the cilly course admissable was to imprison the men for a term of from one month to three. Chapter and verse were given in proof of the legal statement, and the Justices not being by profession experts in law, but still desiring to take the side of mercy, imposed the shortest term of imprisonment,: namely, one month. On* this," action has been taken, the eonvictiou quashed, and in one case, which of course will rule the others, the Justices have been amerced in damages and heavy costs. Ear be it from us to say that Justices! should be irresponsible, or that impunity should be afforded by a seat on the Bench, for the gratification jof per sonal malice. The public should and must be protected against the importa tion of private. feelings " 4 into .judicial decisions. In a ease which originated in one of our northern rural districts, not many months ago, not much public sympathy was given to the Justices, from the general conviction —whether right or wrong —that their juu.cial action, and unusual severity 'seemed to have been influenced by private feelings. But in the case of Dr. Home and Mr. Jervis, not even the counsel for the prosecution insinuated . that any malice or "personal motive had influenced the Bench. The Magistrates had fairly and impartially weighed the evidence, : and, if anything, leaned bo far as their sense of duly and legal information allowed themj to the side.of mercy. It is; unquestionably right that the men should be recompensed for the indig nity, and suffering of an. illegal and consequently wrongful imprisonment; buf- it .is : unquestionably wrong that in this case Messrs. Home and Jorvis should be the sufferers. If the matter is allowed to rest as it is, the public must he the sufferers, as it is not to be expected that gentlemen having leisure, and disposed to bestow it gratuitously in the service of the country, will con tinue to do so if they are liabJe to suffer for not having qualified them selves as barristers or judges. The incident affords another illustra tion of the absolute necessity of ap pointing a paid magistrate to preside in the Police Court. It is needless to say that if Mr. Beckham had been sitting on the bench, this error in law and its unpleasant condequeucea would not have occurred. It is no discredit to Messrs. Home and Jervis that they are not learned in the law. They are as intelligent in business matters, and as skilled in the interpretation,of the law as .most other-gentlemen sitting on this or any other bench, and are no. 'more.to be ■ held accountable for the absence of knowledge of the minutiae of law than of surgical operations... And in a Court like that of Auckland, in which, on any occasion, a" ques-, tion of the utmost nicety may arise, it is positively wrong that causes should be thrown haphazard to any Justice or number of Justices, that the activity of the Clerk of the Court may enable him to catch. As the Resident Magistrate is preelud,ecL.b.y, r ]ns..multifarious duties' from sitting in Vhe"Police Court on all occasions, it. is really demanded that a paid Magistrate should be appointed, of thoroughly, legal, knowledge,; and. wiloi: should give hjs;'wlvole attention to" the study of cases. But if this boon is not conferred on Auck> land, the least that we may expect..is , that the. unpaid Magis trates *who" kindly and'generously give their services to the public, should be freed from the pecuniary conse quences of unintentional mistakes. We would strongly urge that steps should be taken by a public memorial to bring this case "Before the Government. This is not a question on which'^tfre means of the magistrates should weigh.. Dr. Home and Mr, Jervis vaij not ;feel /the/loss -of the, jn§oney, b&t-the public have nothing to do with thrall a:; grievous wrong is done; not to the' individuals alone, but to the public interest. Persons capable of serving the community in a public capaci'ty'of any kind ar« reluctant to comp for ward, and if this injustice is permitted to be perpetrated on Dr. Home "and Mr. Jervis, it will be &n addfnoual blow to the exhibition of public spirit, ,In"at .leas^one-pf-the other • colonies, 'tile G-overjiifnent'recoup to Justices the damages and costs in such cii'cum-* stances, aud really the case in iques tion is such a glaring "wrong that are confident the matter, if represented by a. strong meipcrial^would lead ,to a tfutfiter result?., ','Lj.iJU <U0

"We observe that a subsenjition-list.is going around asking contributions! for^tjie sinking of a shaft on Captain LyodV. property, at Muddy Creek, to test for coal. We trust that ft projoet which must, if successful, confer oeneral advantage, will receive the cordial 'support of the public. ~ ,„„.,-, .... .- ■■ ■■ ■■ •■:■■

! The members of the Auckland Educational Society art) inlornied ifrnt the singing ■ classes will meet for the present week on I this (Monday) evening, instead of Thursday < evening.

The assessment list of the Del wood High way Dis.trjet 'lies at the Dedwood Post-ofllce, Ponsonby Road. The Board will attend at Mr. Addey's School-house, to hoar appeals on the Bth November. ■

We were shown by Mr. Q-ittos, of the Whan, on Saturday, a specimen of a lieu*a egg laid by a Dorking fowl, and measuring in circumference Vi inches by sf.

The Supreme Court was occupied the whole of Saturday with the trial of Mackintosh, v. Home and Jervis, Justices of the Peaca. -The action was brought to recover £300 damages, by fulse imprisonment. Ihe facts arose out of the strike in the Kawakawa coal mine, and were published at groat length at the time. Tiie jury found a verdict for the plaintiff damage;l, £28. '■•

The Independent of tho sth cays;:— "The. Post Office h:i3 commenced to issue new im pressions of certain of the postage stamps. A> tho colors of these are the same as thoso for merly in use, but on labels of different values, it is important that the public, when, pur chasing or issuing them, should bo careful to ; uso labels of the values required. Eaoh stamp bus the value printed on it in words'. In the new issue, the color of the penny stamp is thr same as the sixpenny was formerly, tho two nennf the same as the penny was formerly, und Mie sixpenny the same as the twopenny was fonr.erly. The other labels are un changed."

We have received the first and second issues of the new journal started at the Thames by Mr. Coi'lett, late of the Advertiser. Tho Guardian, for such is the naino. of our young contemporary, promises fair to take a good position in journalism, and we have pleasure in wishing it abundant success.

The anniversary services in connection with tho \fellesley-street Baptist (JJiapi-l took place yesterday. The K<:v. Joseph Berry preached in the mdrning, and the itev. J. J. Lewis in the evening. The anniversary ten meeting will take place to-morrow.

THE PARNELL ACCIDENT.

We have been called on by the Foreman of Works to the Parnoll Highway Board, who has furnished us with a statement respecting the recent 'bus accident at Purueil, from his point of view. From this it appears, in the first place, that he at-least is not to blame for the accident, inasmuch as the stones were placed in their unfortunate position by the contrac tor beforo he (the Foreman) was placed in charge. Further, he states that, from the wheel marks, the 'bus was, from GO feet distance, proceeding right on in a straight line for the heap of stones, and they "were in a position thnt really saved tho 'bus from tumbling over the bank right nheal, on which the bus appeared to be driving. The lamp now appears to be only 1-0 feet from the scene of accident, and as there was. and is, no m*;tal laid above and around the heap, no difficulty should have been found in distinguishing the stones froai tho roadway. Wo trust we have now done witli the various aspects of this question, and that the parties con cerned will settle it amicably or legally, or in any way elst\ without the further intervention of the Press. .

WHALING.

We are exceedingly gratified to learn that three fine whales have been already captured by the 'Albion.' lhe intelli gence has been brought to the Bay of Islands by another whaliug ship, and will be glad news for the shareholders. There could be no doubt of the success of thin most interesting enterprise, but that it should have been inaugurated by: such a slice of good luck as the present capture, was hardly^ to be expected. We trust that this is but the small beginning 01 some splendid hauls, and that an enter prise so likely to be ot the utmost benefit to' che district will be crowned with suc cess.

KYBER PASS AGAIN.

Another accident of an alarming bkarac ter occurred ou Saturday night, in: this ill-starred locality. A-gentlcmati'tyho had arrived by the lioyal Alfred from the Thames, was proceeding in one ;of Mr. Croyet3her's.caniages to Jiipsom, and when near tbe Edinburgh Castle the; horses todk fright, wli'en the carriage, tumbling over the embankment, pinned the driver in the mud, ,the wheel resting on his chest and face. . Had the horses made the slightest struggle the driver would in evitably have been killed. The gentleman, imprisoned within the carriage, at; length smashed the glass and' made His exit through^ the window, and taking the hCrses by the heads held thorn' still./and gitng out vigorously. At--length help came, and the driver, was extricated from his unpleasant and perilous position, half smothered in mud. When is something to be done to this unlucky .Cyber Pass P Or who must be killed before it is made safe to the public P

DIVIDENDS

'jiiE transfer, bopks of the All Nations Gold Miiilng; Coinpahy ' will' bo closed at, twelve o'clock to-mbi'row,' and remain closed till twelve o'clock oil Thursday, when a' dividend will be payable at the company's office, The transfer books of the Tokabea. Gold Mining Company (Coromandol) will be closed on-tha 12th inßtanti and remain closed tilJ, the 18.1-h instant, when a dividend will be payable at the company's ofHse. 11*

THE BOILER EXPLOSION AT THE THREE KINGS.

An m'4uest ■'is beinjr Held at the Provincial Hospital:, tbis afterupqn, on the boiiy, of James one of the persons injured by the.bursting of a boiJcr. a.t.iMr- Dom well's fn.rui a faw weeks sgo. .The poor manihaa since received every attention at the Hospital, ; and expired; on Saturday last. <: *Ma tartiwf

POLICE COURT.-MONDAY.

[Before His Worship the Mayor and Gr. P. :: ■•.■;-■' 'Pierce; Esq., J.P.

DhunkknneSS.—Eleven persons ivere'pun' ishod in I ho usual raatiner for this offence.

Drunk awd DisordekijY.— W. O-. O'Meara, -aa fined twenty' shillings und posts,.with the %al alternative. -.' ~ ■■' - , . lOßANOy.—Ant'nqny E. .Cowan, for ha i drunkenness, was sentenced to.three

I a' imprisonment, with hard labour. I vtkes oi? MuNioiPAr. Police Aox-— 1 iamieson, charged with being away * '■•■■•' vehicle, so as not to have full control i the horse, pleaded " not guilty-,- o-nA Mr ifoj appeared for him.—Sergeant Walker proved the offence; but' as it ap peared that another party had been left' in charge and neglected it, ho was fined in the mitigated penalty of 10s with costs.—Andrew Christie pleaded guity to °a similar offence, and was fined 10s and costs, it being a first .offence. . » *■■ '- ' „; \ ' -r, IBbbach or LiCBNSiNa Act.—Charles, B. Edwards, landlord of the Army and -Navy Hotel, was fined 5s and costs for not keeping his lamps burning between the hours of sun set and sunrise. MALtcror/s Injctrt to Pjioperty.—Anile' Webb was charged wifclr wilfully breaking three panes of glass, the property of Patrick Gough; she pleaded guilty, but aa prosecutor failed to appeal', she was discharged vuth * caution. - ■ Laeceny.—Charles Gill and William Wells were charged by Frederick May with stealing various articles of clothing, valued at £3 10s., from thu Greyhound Hotel—Fredorick" M|^ deposed that on lust Saturday evening,he:wia3, in the Greyhound Hotel, and had a; parcel containing the articles of clothing described.. He left the hotel for a short time, and on re turning missed the parcel. H9 did not re member seeing prisoners there. -r- A. Rodgers deposed that on that evening the prisoner Wells pawned the article^, at-.Mr. Marks' .establishment.— William Gribble remembered the prisoner Gill coining., to his house and: Helling him the boots produced, wind! had been identified by prosecutor as his property. —Each prisoner was sentenced to three months' imprisonment with hard labour. AssA.ULT.-Nga L'eke was charged by Mary Rapata with assaulting her by striking her on the head with a glass bottle, tihe pleaded justification, and said they had been drinking waipiro together.—ProsecUtrix detailed Hie circumstances of the assault, and her evidence whs corroborated by another Maori —111 con sideration of the aggravation which defendant had received, sho was fined in the mitigated penalty of 40s. find costs, with the alternative of one month's imprisonment. LaeCENY. —Andrew Crombio, George W. Smith, and William King, on bail, were brought up charged by I. and S. Morrin with stealing a-weighing machine, valued at £H, from the cutter Woodstock. —Mx.sJoy appeared for Crombie, Mr. Beveridgo for King, and Mr. Bennett for Smith.—James McGregor, store man to Messrs. T. and S. Morrin, deposed that a weighing machine w;is delivered to one of the workmen, named Gregory, on the 26th August last, to be placed on board 'the cutter. It find been sold to Mr. David Goldie, and consigned to Mr. Pollard, at the Great Barrier. Witness identified the case produced a9 similar to tliaf in which it wa? packed, and bore the same trade marks, TIIO machine, produced was also similar to that sent away.— ' Wiiliaui Gregory deposed that he delivered a weighing ihacniue on board the Woodstock about the 26th of August, and obtaiped a receipt.—Frederick Ohlson, master mariner, in charge of the Woodstock, lestifh'd that on the 2(>th August ho received a case containing a weighing machine from oue of the Messrs. Morrin's carters. It whs placed in the. hold. they remained at the wharf that nis;ht, and left "harbour on the following night. On reaching Port Charles the machine was miss [n,r.—ln cross-cxauiiuation, witness admitted' that he had not seen it on board. He signed a receipt for it while it xvv.i alongside.the vessel. —James Miller, in the employ of Messrs. Morrin, produced tho day-book, showing an mitry of the sale of » weighing machine to D. Goldieon 26th August.—Thomas Keiirhtlcy, express-driver, deposed that on the 29ili September the prisoner came to him on the stand aiid asked him to go to r Mechanics' Bay to fetch a case, and agreed to meet him there in the afternoon. Witness went, but Crombie did nob appear. Witness alter wards saw Smith on the wharf, .who askud if ha had taken up the case. Next morning Crombie cams to the stand, and witness then went to Mechanics' Bay, and a couple of hundred yards along tlie beach, to bu unoccupied store, where he got a case, which was dry though dirty. Ho took it to Uroinbie's houao at Newton. All three prisoners were there. On returning to the yard, after ten minutes' absence, witness Saw fheui gelling a weighing machine out of the case. , King and Suiith put it together, and into the wag gon, leaving the case in the yard. Ho iheiij at their request, took tho machine to Staines', where he was helped by King to put it. on the platform. As no terms of sale could be arranged, it waa replaced in the waggon, and by Crombie's order taken to Drummond's, at the market. After that, as Drunnnond was not in, it was taken <o Arthur's auction mart, and placed inside, whore witness loft it. [ \V\l ness subsequently went with the detectives, and showed them the case in Crombie?s yard, lie believed that produced to be the one. Ho brought it and the machine'ufterwaivls to the Police, Station.—George Staines corroborated tho evidenco of last witness in regard to the tendei-to. him; of a weighing machine'by tho prisoner King; but he could not positively identify that produced as being tho one [offered.; —John Mynolt, storeman at Arthur arid Co.'s, remembered a man coming into the stor.e, and asking Mr. Arthur to Bell a set of scales for him. 'J^he clerk made a note ofitj which he placed ori the file. The machine produced was positively sworn to by this witness, as, hgr had put his initials on it. — R. Arthur deposed 1 llenrembered one of the prisoners coming to his mart on the 30th ultimo, and hatuding him a note, requesting him to sell a set of scales.— Detective Jeffrey deposed to tho arrest of. Crombie, who denied all knowledge; of the weighing-machine. Keightley, iden tified hint a's tho man 'who had empfoyfed lurii to take it to Arthur's mart. Prisoiter was then: locked up,' and -witne^and'Tqinulniu weut to Oroinbio's house, where they' found the case, produced. The' machine'was then found at Arthur's mart. In ,t.ho evening the prisoner. King'ran past the delocl.ives at the top of Grey-street, where they apprehended him. Uedtsliied hating had any hand' in the transaction, and said ho .knew nothing-' of Crombi«. After this Smith was "found at King's house, and apprehended, The three man were euiploye'd on 'the' 'whurf^'-ergwiiit Carrigun, of the Water Police, stated l)hat he knew the tlireft 'prisoueis, wlio'wofe1 working ou the wharf during last Aimust. ~ He had seen :theiu -togetheiv'niid knew them to be acquaiuted with each other.—This closed the evidence lur *he prosoiMil-ioii. I—Pitisonern1—Pitisonern re served their defence, and were fully coajmitted to tako their trial at'- the next sessions: of the Criminal Court. They -were-; allowed bail, iri £200 personal security, and two bondsmen in £100 each.

A JtiVenile Constable—A child in the Pelisse.; It is rumoured that some Eriglieh| capital ists have purcbiwed the Siidz GanaL-^ •; . : .

SPECIAL TELEGRAMS

[PKOM OUll OWJST CORRESPONDENT.]

THIS DAY.

ALL . NATION'S—IIOS OZS

MELTED,, GOLTD

KELLY'S TRIBUTBR'S — &OOD

CEUSHING

SHAMROCK—GOLD S CBITCK IN

LOW LEVEL

CALEDONIAN STILL PUMPINQ.,

■ \ G-eaiiamstown, 6 p.m. The missing mail bags have been recovered, after six months' detention. The All Nations have justii com pleted a splendid crushing, iaaving lodged in the banlc 1105 ounces £>f melted gold. Kelly's tributers have crushed forty tons, and the return is 132 ounces. The Shamrock have struck gold in the low level. The Caledonian ,are still pumping," and haye got down tiie rise of Satur day night. ::

THE CALEDONIAN.—MINE MANAGER'S BE PORT.

The following ia a copy of a telegram received from the manager: — " 9.20 a.m. " Six feet six inches water in bottom chamber. Bucket rod broke Saturday night, causing delay until Sunday morning. No change in mine."

LATER TELEGRAM.

" 12.34! p.m

" Caledonian, water two feet low level. Improvement in 1 and 2.winzes. Keef on iG.olden Belt much improved, making larger in Toolcey'a chamber Finished opening chamber for sinking. Will commence Thursday."

THE SHARE MARKET.

Me. J. M. Lennox's' Report.—Tha ahnre market continues cliill in leadinf' stocks. Bright Smile were in demand, uncl sold at. 60s to 65i. My sales comprise: Caledonian,, £LID. Closing buyera : Caledonian, £115;' Tlmmea, £23. . - Mr. I. Phlilip3' Report.—The sharo market continues quiet. Caledonian and Thames fully maintain their, price. A brisk Hcmand for Bright Smile,* Peep o' Day, and Day Dawn. Caledonian, £117 10s, fow'sellera ; Thames, £23 10-., £24; Bright Smile, 65*, fJ7a 6 1,70s ; Golden Salf, 55u ; r Smiling Beauty, 6s 6d.

Mh. J. Nkwman's Shake Rkpost.— The share market lias been very quiet tp-clay, but prices are well suet'nJQeJd. , My. sales comprise —Caledonian, £115 to £116; Thames, £23 to £23 10a f Bright Smile, ±'3 53. ! Infers of Caledonian, £115; 'Thajnea, • £23 • Bright Smile, £3 ss. Sellers—All Nations, £5 15s ; ilonnaUiiri, £&. . •- .. •.•-,■ : Mu. if.ui.Tiif Sholl reports ,the following s ,,j t!S .—Bright Smile, 63a 6 1 to 65s ; Tokatea, 923 6I ; Thames, £23 iOi. Buyers of Balla rat and Rising Sun at 10s ; Tookoy, £23 ; Caledonian, £120.

AMUSEMENTS.

THEATRE KOYAL. The Gkwrlay family _ performed ng.iin on Saturday night with their ffocufrometljsuccess, and in front of a gbod audience. This, evening the entriiiiimnont will be for the benefit of MissCkra Ailnutte, whose' pleasing isty.le oij^ dancin" has been well appreciated since her arrival in Auckland.. : A good progratprni! lias been provided ; andas theperforoittncti will be under distinguished patronage, besides being the last occasion on whicn" these artistes will jippeur, this last appeal will doubtless jbe well responded to.

GREAT WORLD CIRCUS.

The extremely unfavourable state! of the weather prevented the; reopening .of M® Circus on Saturday eypninf c as -had been intended. It is propo»a.4. however to coip ineuce this evening j aud,as. a.yaried.and wfell cliosen programme lias been arranged, we .ujay .anticipate. thaA. T Mr.. Murray will .have the'pleasure of meeting .a full house. .The wealher too appears lively; to,be more favour.-, able.., . : ~; ■ . iori!tirtli'.i ti \ * v .o\hr.\

PRINCE OF WALES THEATRE.

The Excelsior Minstrels gave';another,'of. their clover entertainments ; on Saturday, : evening at.the. Prince,, of >Wales ; Theatre. Although the -weather was : exceedingly, un favorable, taphouse was vtell.attended.'.thus showing that the public; appreciate these exquisite entertainments; .This, evening will bo. the last on .which this talented troupe will appear before an Auckland audience, as they are about, to, sail fqr.the-So.uthem.proviuces. We cordially wish tbeni every success?,, for : a better plass, of; entertainment;,; or foette?-peiv, formed,' has never been; prpduced in Auck' land. ..-.:.f j];ii

THEATRE ROYAL.

"BIUNEFIUOF MR3. R. BROWN (MISS. CARRY ALLNUTTK). I oiO cii

The benefit of this lady, whoso pleasing 's&&' elegant style of dancing has done mui;h ip": help the popularity; of st-he. entertain ments given by ihe'Q-ourlay Family, idtiriri^ thoir stay in Auckland, will take'; "place this evenfngT SIVo lias secured the- '^pii' tronngc of Ilia Worship t}ie Mayo,r,.,the oifi n«ra anil brethren of! the influential body, of Freemasons, and tljq officers and nieti. bf* efcW j ArlilleVj; and Bnainee^Tol^Ateeki S;-" £ As 1 this will bo the- beneficiaire's last' appearatic'e ] here, W'e; have no doubt she' will''receive"I' itt buoVper'hoiise, siich as'h'er.raeril's beseWe. I

PHRENOLOGY.

Another of the interesting Belies of lectures now being delivered at the Rooms of the ■Young"'Mori's-" Christian Association, by r]M-r,. Theodore Wright, on the highly important! subject of Phrenology in its broad signification of " science .of the ;mind,".> will take place this1 evening, at half-past seven o'clock* The particular branch of tjhe,:su.bject trpnt^ijw.in be "T&4 SelDitfrropeWtieS, andjudginfe from the abjaf manner ,10 OT^P'l r- Vvrishfc Las" heretofore handled his difficult thetiie, the discourse will doubtless be both instructive and interesting. '; A-Bpacial attraction .will be his examination of;crania- wbllbl'Wilidfolded. This will severely test vtHo' apciiraoy. |of the mapipulatprVdelineations. \ .

EXTRAORDINARY REVELATION.

THE POWER OF A MAN TO DESTROY ~." THE WORLD.

EXPERIMENTS TO PROVE HIS

THEORY.

THE MtJRDEft OP "TFTE MAN WITH

A SECRET."

Since Edgar Allan Poe's stories wnre first published we hare read nothing equal to the following for minute and circumstantial-detail of the alleged facts, or of masterly treatment in reconciling reason to the acceptance of the most -astounding conclusions. The article -was contributed, originally, to the Golden City, a San Francisco paper.

We are indebted to a correspondent at San Francisco for the particulars of the'most in teresting case that has ever come within our observation 'as public 'journalists —that of G-ivgory Summerfield, or, as he wa3 called at the time, " The Man with a Secret." Our eorrespoadent writes as follows :f- —; a ■ l<iA few hours previous "to the death of that distinguished lawyer, Leonidn3 Parker, of this city he placed in my hands for publication the following manuscipt, request ing me, at the same time, to select a journal of the widest circulation, for its publication.— Yourß)&c-' "w!h.r»

The MANUSCRIPT.

NEWSPAPEB ACOOUJJT OF THE DEATH OF ■ . , SUItMERriELD. The Auburn Messenger of November 1, 1870 contained the following paragraph : — A few days since, wo called public attention to the singular conduct of James Q-. Wilkins, Justice of the Peaca for the " Cape Horn" district^ in this country, in discharging, without trial, a man named Parser, who was, as we still think, seriously implicated in the mysterious death of an old man itamed Summerfield, who, our readers will probably remember, met so tragical an end on the line. , of-the Central. Pacific Railroad in the month of October last. We have now to.r,-cord 'another", bold outrage on public justice, in connection with the same affair. The Grand Jury of Placer county has just adjourned, without finding any bill against the per-on named above. Not only did they refuse to find a true bill or to make any presentment, but they wont ono step further towards the exoneration of the offender; they specially ignored the indictment which our district attorney deemed it ..his duty to present. The main facts in relation to fchs arrest and subsequent discharge of Parker m-y be summed up in a few words : — j • It appear? that, about the Ist of October, one Gregory Summertield, an old man uearly seventy years of age, in company with Parker, took passage for Chic;igo, via the Pacific Railroad, and about the middle of the after noon readied the neighborhood of Cape Horn, in this county. -.Nothing of any]. special importance seems to have attracted the attention of any: of the passaugers toward these persons until a few, moments, before passing the da.igerous curve in tile track overlooking the North Fork of the American River, at the place called Cape ; Horn! As our readers are aware, the road at this _point skirts a precipice with rocky perpendicular sides, extending to the bed ofthe; stream, nearly 1700 feet below.- Beforo passing the curve, Parker was heard to comment upon the sublimity of the scenery they were approaching, aud finally requested the old man to leave the cir and stand tipon the open platform, in order to obtain a better view of the tremendous chasm and the mountain" just beyond. The two menieftrthe car, and a moment afterwards a cry of horror was heard by all the passengers, and the: o!d van was observed to fall at least 1000 feet .upon Uie crips below. The train wss stopped for, a few moments, but, fearful cf a collision if auy considerable length of time should be lost in an unavailing scearch for the mangled, remains, it soon moved on again, and pro ceeded as swiftly as possible, torjthe next. staiion. J i'iiere the miscreant Parker'was" ttpji!viioi\lt:d : ami- coqveyi-d to the office of the 'nearest Justice of the Peace for examina-'; tion. We understand.that he refused to give aiiy[ detailed ■ accdiint of the transaction, saving only that " the deceiised either fell or was thrown off from the moving traini" The examination was postponed until the arrivat-of Parker's oouusel, O'Conueli and J£iIpatrick, of r Grass yalley,, and after they reached Cape Horn not a single word could be extracted, from the prisoner. It is said that the inquisition was : a.mere f=troe,'there 'being no witnesses present except one lady passengei',: who,•'. 'with commendable, 'spirit, volunteered to. lay. aver one, dayyito give in hertestimony. learn t'ha'Wj after the trial,.the Justice, together with thVprisonor and .his counsel, were closeted in secret , session for more., than,, two hours j at the expiration of ( which time the Judge resumed his seat upon , the. bench, and discharged the .prisoner. '~. ~ . -~..V .■,--,'■..- ...... .>. i • w) we. liava no desire to do .injustice to wards ,auy :o,f. the parties to .this,, singular transaction, much lees t9ar.lt public sentiment against an. innocent ~man. JBut we ,do affirm that tli'ere is, there must be, some.profound mystery at the bottom of this affair, and we shall do our; utmost to fabJioui Ihe^sacret. pOSTESSIOJTpj LAWyeB, PAKKEBi. ~ Ye;s, : there is a secret and.a mystery con nectad with-the disappearance.; ;«f Summer fiel'i,. and the^sole object of this communication 'is to; clear it up, and place myselt riglit'in. the public estimation. But, in order'to do so, jc beeb;in.e;s esseqtiallyjnecessary to relate all the circumstances connected with my first 1 atid '-Btibs^querit -acquaintarice* -witli ';Biiinmer field;-• I*6 <lb ;this iiitelligibly, I sball have to go back'twenty-two years'/ : w Jfc is well-Miown aitibngst; lay rii6^.tintiniafee ■frienda'that I resided'in ;the.late Republic of Teias for • many : years antecedent [to tmyi immigi'tttion • to ;itliis State." During"tjieiyfcar.. 11817, -whilst • but a -boy, and residing: onnthe sea beach, 'soine'three Or four miles ii'oin'Jtue city of Galveston, Judge Wheeler —atyrthat; time Chief Justice of the Supreme Oo,urt:of 1 :Texasi-*ptiid us a visit, and brought) with him ; a;-gentleman, whom he had 'knOwrv several . yeara ■ previously' oil thetSabineßiters in the easbe'ro ?part of thjat S'date.' uThis gentlemnn wasinfirdduced to us by the name of Summer field. At that time he was past the pr.iine. of life, slightly grey, and inclined to' 'eoV-* pulency. ■■ He. was ofine^luii'i height, aud, walked proudly erect, as though conscious of superior, mental, attainmeiits. His rfuce was I one of those which, once se^n, win never be forgotten. JThe forehead was broad, hijjh, and protuberant.. It was, besides, deeply graven with wrinkles, and altogether was .the inoßt-int*l!e'ctuul I had tjver' seen; It bore; sonic resemblance to that of Sir I>;mc Newton,: 'buti -stiYf more -to ;lluniboldt of Webster. The eyes were large, deep-set, and lustrous, with a light, that seemed kindled iv their owiv 'depths. In color they were grey, and whilst , in. conversation absolutely blazed with in tellect. His mouth : was lWge, but cut with all the preoision of a sculptor's chiselling. ..■»,■ 1-1 _,«■_: wr f 5 f

Ho was rather pale, but, when excite complexion lit up with a sudden rut. ruddy flushes, and added somethiti X beauty to its fcaif-sad and half-sardon' ■ pression. A word and a glance told " ; once, this is a most extraordinary man ""t ', Judge Wheeler knew but little of th cedents of Summerfield. He was of N°^^i birth, but of what State it is irafpoasibl 0 * '•I definitely. Eurlj in life, he Amoved t Ji frontier of Afksiieas, and purPSd. f ; years (he avocation of fin^o^ \ ) ojL !o' 1!'• It was the sugge-lion of Judjre wheel '""' induced him to real law. In B j x *r"ni times he hud mnstpred Storj's Equji°'"'"' gained an important suit based-upon!'"11' its most recondite principles. Bufc |,i ?"' was not in the" legal profession, and h' *" al nost constant sallies intd'the field science, literature, and art. He was a ' ral mathematician, and was the mo,t i found and original arithmetic-inn | a "?' I South-west. He frequently compute % astronomical tables, for the almanacs of X Orleans, Kensacola, and Mobile, and culated eclipse, transit and observations V ease and perfect accuracy. He was i deeply read in metaphy-icß, and wrot«!j published in the old Democratic Mevu«i 1846, an article on the " Natural Proof the Existence of a. Deitj," that for beaut." language*, depth of reasoning,: versatility i illustration, and compactness" of logic \ ' never been equalled. The only-.othernub* licatioti which at that period lie" hadmV" I was a book that astonished'alTof-his !n'e / I both in title »nd execution. .Itfwas m]!»lp "The Despemdoes of the West" aO(J J* ported to give minute details olftheli, e ,J woino of the most, noted • dueilwV- and bloJ stnined villains in the Westera.Sfates. R I the book belied its title.. It is fuliofßplendM ' description and original thought's. in the language contains so many eloquentpj j sages, and aucli glorious imagery, in the b!Z 1 space. His plea for irnmortaii^y, on heholdi[» i tlie execution of one of the most noted culnnfr I of Arkansas, has no parallel in any liyirJL - guage for beauty of diction and; power & ? thought. As my sole object in this commBDJ. cation is to defend myself, some acquaint with the mental rescources of SummetfieU ij absolutely indispensable ; for his death wajtfo immediate consequence of his splendid attain, menfs. Of' chemistry he was a complete master.. He describes it .riaj^iis article on a Deity, above alluded to, as the " Youngest Daughter of the Sciences, ton amid fi ttaes, and cradled in rollera,of fire." If there wore any one science to which he *« more specially devoted than to any and all others,, it was chemistry, But he reallj seemed an adept io all, and shone abort everywhere with equal lustre. " '

Many of these characteristics were mentioned - by Judge' Wheeler at the time of Summer field's visit to Galveston,.but..others sub sequently came to my knowledge, after hi retreat to Brownville, on the banks of tin Rio Grande. Ttiere he filled the, position 0! '■< Judge of the District Court, and such was hii position just previous to his arrival hi thill city in the month of September of the pjitl year. \.;,. " f| f

PABKES'S INTERVIEW WITH " THBTI4.K WDS A.SECEEi;" One day towards the elosqcf last Septemba an oidiinau rapped at my offi.ee door, and on iuvitatiou came in, and, advuncingy called m . byname. ■Perceiving-that I did not at ftut recojruise him, hi introduced--himself v Gregory Sumrnerfjeld. : After inviting him to i a sent I scrutinised Ids features more closdj,[;, and quickly identified him as the same person |i whom I had met twenty-two years before. la 1| was greatly altered in 'appearance, but fc |. lofty forehead atid the grey eye were stll l there, unchanged and unchangeable. Hswu not quite so siout, but more ruddy in com plexion, and exhibited, some symptoms, v I then thought, of intemperate; drinking. Still there was t'ae od charm of intellectual r superiority ia his conversation, (and 1 wel-| coined him to California as an important1 addition to her mental wealth, a I It was not many minutes.r before he requested a private.interview- ■ He followed me into mj ba«k offi.ee, carei">diy closed the-door after him, and looked it. <. We had scarcely." seated our selves before he inquired, of .me ."if I had noticed anv.reodnt anieles in the. newspaper! respecting the discovery ofthe art .of decom posing water so as to lit it for.use.aa a fuel for ordinary purposes.". • ~ ..; -- -.;*, I replied .tuat I h^id observed nothing new upon that subject, since the experiments of Agassiz and_Ecu£essor Henry, and added that in myopinio i the .expensive- mode of redac tion would always prevent its. use. _ In a few words he Mien informed me that he had nude Jttie discovery--that; the art wai, extremely simple, and the-expense attending the decomposition so slight as to be insignili- : cant. Presuming then that Ahe object qfhis visit to nic was to procure the necessar/ forms to * get out a patent for the right, I congratulated him upon his goodl foi:iune,".and : wa3-Abo'it to branch forth with a* description of some of tin L great .benefits that' nyisV'ensce to the com-1 munity, wh^n/he'' sucldenly ""and somefftuj | uncivilly requested.me to ,", he... silent, 1 «■.* listen to what he had to say. ... ~. .^s ft J Ho began with'some general remarks abo« - the inequality of fortune amongst mankind, - and instanced "himself as-a, striking-example o Hue fate of tliose men, who, according to «v the rules of right, ought to.be near the top, r instead of at the foot, of ffie ladder of fortun?. | "Bui..,"'s;ud he^ springing, iojrisjeet «tn impulsive energy, "I have now the means as my of rising superior to fate, or o | inflicting incalculable ills upon the wlioie human-race-." '''■■' ~ t Looking at him more closely, I tbongw could-detect in hia eye the gleam of madnes■ but .{.-remained silent, and awaited&irth«^' j velopments. But uiy scrutiny,-stolen.ai it *»< > had bean detected, andhe replied a^onM w | the expression of -my fane : " Ho?f«J'i f neither drunk uor a maniac; I-am}"! <j £ earnest iu,,all that I say ; ;.andilo»m ») prepared, by actual experiment, to demons bey on 1 ali doubt the. truth o! all I claim. For the first time I noticed that he earn*> a small portmanteau in his hand, u W" , placed upon.tne table, unlocked it^ and w out two or three small volumes, a B*9P ~j:/»>- two, sind-a shiall^ square, wide-moutUed p^ 'fiermitically •"sealsu. irihiirt

..".■;: ,■." '[■ : 4 j ' ,Yj THE:SEOBE3?,,' r ::-i-f t ", , : I .watebed brm.wiiK; profound cuii*ig» a took note of his slightest movements;* tw* » ■ arranged his books to suit him, and.pw*" j ■ phial" iOU conspicuous-poaition; *^M^y iiis chair-very closely to mj own^J^ oM in a half jjuiug . tone : "I -4*^, . million dollars far .the contents ol W* "^ ' atid to'rrmiutS-ald'o'it fdr nic in thf&W ° w Fraucis.L'o .vttUii'u buff month,' or^cen terrible eveh for the1 iiriagination .*? "Luffltf will surely be witnessed b,y every living n" being on tWface'oV the globe." , rf , E '.I he tone, the manner, and the abßun* . fc traviigati.-.o- of the deiuand excitfida .onulei H )dn mylius, which he obserwa, disduiiu'd to.nodoe. ••':<•-• ; ,*-' l' T had • .. Mr mind was fully, made up that-1 n maniac to deal with, and 1 preP*l ***o^,* cordin-ly. But I ascertained one^"LbH ! inmost ioughU >vere r.ad^y (MM 1 I man.before nic, aud aeemed to. be ' by him vi" advance of their expreewn..; .{'. "J?e t i»aps,"' B aid I, "Mr. SummerfleW. .'■ *ould oblige me by. iufonnißl v»itauj Bl IS

THE EVEKpJp §TAR, AUCKLAND MOffPAYj OCTOBER 9, 1871,



..,,-. ;CAIXS. .;/ ■:■:■'- Conquering Hero... j Tenua .... ......... Bright Smile "... Lowland Eass ... West Coast; Scandinavian .. ... .Waiteinat t Lincoln :.;&stlo Bird-in-Hand Crown Prince .;. Dauntless and Sinks!;. to-ttise ... Thame3 Gras Co. ..... :

. £ ' fcUd;< 0 0 ,3 0 3" "0 0 1 0 ' 0-0 6 0 1 0 0 0 3 0 10 bio 0 1 0 0 0 4 0 0' 3 0 26

BATE. Oct. 11 Oct. 14 Oct.-14 Oct. 14 Oct. 14 Oct. 18 Oct. 18 Oct. 20. Oct. 20 Oct. 21 Oct. 21 Nov. 2