SHIPPING.

PORT- OF AUCKLAND.

CLEARED OUTWARDS.

Novelty, barque, 376 tons, Nearing, for Sydney.

DEPARTURES.

Queen, schooner, 46 tons, Veale, for Wangapoa.

EXPORTS.

Per Novelty, for Sydney : 40 quarter-casks whiskey (under bond), Owen Jones ; 2 bhds. and 5 quarter-casks oil, J. Roberton and Co. j 6 casks ditto, L. D. Nathan and Co.; 82 bales flax, J. R. Roberts ; 20 empty cases, Bank of New Zealand ; 350 pieces timber, Nearing; 1 case, Henderson.—Henderson and Macfarlane, agents.

A barque, supposed to be the Australind. from Lyttelton, is signalled as we go to press The schooner Tawera cleared for Poverty Bay this morning, with 15 packages, Brown, Campbell, and Co.; 3 ditto, Owen and Graham; 6 ditto, Peachy; 22 packages, Lewis Bros.; 500 feet timber, 96 pack ages, Owen and Graham; 3 packages, Must & Co.; 3 cases, Manning; 1 ditto, E. Porter &. Co.; 50 sacks biscuit, J. S. Mac farlane; 13 packages ex Alice Cameron, 30 tons coal, £S acfarlane; 19 packages, Morrin ; 6 tons flour, Low and Motion ; 22 bags sugar, Owen and Graham ; 2 rolls leather, Ireland ; 70 packages, Nathan ; 3 boxes glass, Phillips; 2 packages, Stophenson ; 4 ditto, Isaacs ; 5 packages, Nathan ; 20 bags lime, Keane.

The barque Novelty cleared at the Customs for Sydney to-day, and will probably leave this evening. Passengers: Mrs. Cracknell, and child, Mr. Michael Cullen.

The s.s. Taranaki left the Slanukau for Southern ports yesterday. Passengers:— Mr. Grigg, Mrs. Hillsden, Mrs. Sheedy, Mrs. Isaacs, Mrs Mill, Mrs. Ebden, Messrs. Fee, Yon, Col. McDonnell, Mr. Cutts, Mr. Reeve, Mrs. Campbell, Messrs. Blake, Sheedy, Sam, Wah, and four natives.

The s.b. Nebraska is expected from Sydney on the 15th inst.

The Mabel, cutter, left Auckland on 25th April, and Kennedy Bay on 21st. During the passage she experienced tolerably fair weather, but with a heavy sea. She sighted the group on Wednesday morning, and anchored in bar bour the afternoon ol same day. On Wed nesday morning, at 5.30, observed a meteor in the north-east, about 45 degrees, which burst with great splendour, leaving a bright zigzag track until daylight. — Fiji Times, 13th May.

COMMERCIAL.

Evening- Stab Office, Tuesday afternoon. Mr. Geo: Sibbin sold by auction afc his mart to-day: —100 bags potatoes, 57s 6d; barley, 2s 8d ; maize, 4s 3d to 4s 6d; onions, Id ;. cheeße> 5d ; honey, 5d ; tubs, 24a per doz.; bntter, 7d to Bd. Messrs. Samuel Cochrane and Son sold to day, under distress warrant Jrom the District Court, 300 shares in the Hazelbank Gold Mining Company, from 8s to 11s per share, subject to calls; shares in the Imperial Crown Gold Mining Company, £7 per share; also a parcel in the Eureka Hill Gold Mining Company, £2 3s. Messrs. L. D. Nathan and Co. held a trade sale of groceries, &c, at their stores to-day. There was a large attendance, and the bidding very spirited. The following prices were realised : —Belmont candles, 11301 to ll|d ; Tobacco, "Ajax," 10's, 12d to 12£ d ; Hobart Town jams, in tins, 6s 4d per doz.; in pots, s£d per lb. ; vestaa, 25o's, 193 to 19s 3d per gross; gunpowder tea, 23s 6d per box ; Congou tea (in bond), Is 6d per lb,; English hams, 13i I per lb.; bacon, 6£d; washing crystals, 7* 9d per gross; Barcelona nuts, 6d per lb. ; Morton's table salt, 6a 6d per doz. 5 salmon, 13s ; starch, 4|d ; pickles, 12s ; red cabbage, 9s; salt, £4 7s 6d to £4 10s per ton; maize, 4s per bushel; small inks, 8s 6d per gross; Barrett's twist tobacco, Is 6d per lb. Messrs. Arthur and Son held a sale of pro duce, &c, at their mart to-day. The follow prices were realised :—Oats, 2s lOd; butter, 6^d to 7d; cheese, 3d to 5d ; potatoes, 3s 6d to 4s ; onions, Id ; fowls, Is 9d to 2s.

CHIEF POST-OFFICE.

Mails will close as under :—

For Thames, this day, at 5.30 p.m., and to-

morrow, at 11.30 a.m. and 5.30 p.m. For Wangarei Heads, etc.; per Clyde, to morrow, at 2 p.m. For Kapanga, per Lalla Rookh, on Thursday, 15th inst., at 10 a.m. For Russell and Kawafrawa, per Duke of Edinburgh, on Thursday, at 1 p.m. Mails for the undermentioned places per Nebraska, will close at this office on Friday, 16th inst., as follows:—

For Sandwich Islands, British Columbia, "United States of America,- Biitish, Central, and South America, British and Foreign West Indies, and Continent of Europe via England, at 12.30 p.m. For United Kingdom via San Francisco, at 12.30 p.m. For money orders, registered letters and news papers, at 11 a.m.

Late letters for United States of America and United Kingdom, bearing a late fee of 6din addition to the postage will be rficeired at this office till 1 p.m., and by the mail agent on board the steamer up till time of sailing.

Note.—The public are informed that revised rates of postage can now be procured at this office, and attention is directed to many important alterations "which have been made in foreign postage.

S.- B. Biss, Chief Postmaster.

POLICE COURT.

Thb following is the rota for attendance of Magistrates at the Police Court for the week ending Saturday, June 17, 1871: Wednesday, June 14—Messrs. Wood and Baber. Thursday, June 15—Messrs. Beetham and A Clarke. Friday, June 16—Messrs. Daldy and r ga-ville. Saturday June 17—Messrs. Dilworth and J A. Uilfillan.- • .

BIRTHS.

Clarke.—On June the 9th, 1871, at the Cottage of Content Hotel. Victoria-street, Auckland, the wife of Mr. "VV. A. Clarke of a son. Home papers please copy. .

FitzGeiiald.—On June the 10th, at her residence, Kirkwood-strect, Grahamstown, Mrs. James Fiiz- Gerakl of a daughter.

DEATHS.

Levy.— On the 6th May, at his late residence, Levuka, Mr. Simon Levy, late of Auckland and Shortland, at the early age of 22 years, deeply re gretted by his numerous friends.

Jones.—On the 11th May, at the Fijis, by the capsizing of a boat, Mr. John Jones, late overseer for Messrs. Kelsall and M'Evoy

KELLETT.-On the 10th May, at Viti Levu, Fiji, Mr. James Kellett, aged 30 years.

Perkins.- On the 25th April, at Wairiki, Taviwni, James Perkins, aged 38 years.

The evening Star. TUESDAY, JUNE 13, 1871.

Complete files of the Fiji Times,-to the 27th. May, have been received, and may be ob tained at the Evening- Stab office.

In the City Council, after the business re ported in our issue yesterday, a committee was selected to definitely arrange the levels of the city; and, on the motion of Councillor Tonics, the question of providing market ac commodation was remitted to a committee of the -whole Council, to be reported in a month. After debate on Councillor Tonks' other mo tion for »eparating the offices of valuator and rate-collector, the subject of officers and sala ries was left to a committee then selected. Farious other items of business were trans acted, and the Council adjourned.

The farewell entertainment, given last night, to the officers of the Rosario by their teetotal friends, at the Parnell Hall, was a great success. Rev.-Mr. Edger occupied the chair, and on the platform were Rev. Mr. MacNicol and Rev. Mr. Cosh. The men of the Rosario, as well as the members of the Band of Hope, contributed greatly to the enjoyment of the evening by their musical performances, and Rev. Mr. MacNicol and the Chairman gave very interesting addresses and farewell ex hortations to the men of the Rosario.

The Central Board of Education met yes terday, the Superintendent in the chair. Various matters of no great importance, as affecting applications for grants in- aid of schools, were transacted, and the Board ad journed till Thursday next, at 2 o'clock.

THAMES GOLD MINING COM PANY.

As there has been a good deal of enquiry for copies of the Star containing the state ment of the number of shares in the different claims held by this company, we again publish the list as amended up to the present time, together with the value of each share as it appears from the reports of the share market. No. of Value per Shares. Share. Thames 66 £36 ex div. All Nations ... 849 £6 Alburnia ... ... 402 £13 Caledonian ... 948 £175 ex div. El Dorado 600 12s. Golden A? e ... 435 Inverness 476 £1 17s. 6d. Junction 1210 £3 Kuranui 156 £3 Long Drive ... 4 £16 Moanatuiri ... 250 £3 15s. Nonpareil 100 £5 ss. Otago 400 £215a. Point Russell ... 2000 Poverty & Charleston 1002 £8 Red Queen ... 105 Bs. Shotover 200 - 10a.. Una. 80 £1 2s. "Wild Missouri ... 322 Imperial Crown ... 100 £6 Eureka 899 £2 10s.

SPECIAL TELEGRAMS.

THIS DAT.

THE CALEDONIAN—FOFK CWT

SPECIMENS.

ALBUBN —621 OZS. MEL D GOLD.

G-OLDEN BELT CEUSHING-.

NOKTH DEVON.—ONE CWT.

SPECIMENS

2.30 p.m. The Caledonian have taken out this morning four hundredweight of very rich specimens.

The Alburnia has lodged 621 ozs. of melted gold for the fortnight, one ton of specimens being carried for ward for the next crushing. The New May Moon have crushed thirty tons, the result being fifty-six ounces.

The G-olden Belt, Coromandel, have obtained 45 ozs. from 20 tons.-

The North Devon have taken out 1 cwt. of specimens to-day.

THE LATEST.

THE CALEDONIAN SPECIMENS

NONPAREIL CRUSHING.

3 p.m. The Nonpareil have just cleaned up, the result being 905 ounces. The Caledonian continues to take out first-class specimens, and shares naye considerably advanced.

SUPREME COURT.—CRIMINAL SITTING.

[Before His Honor Sir G. A. Arney, Knight, Chief Justice.] MONDAY, JUNE 12th. His Honor took his seat on the Bench at 10 o'clock. The Murder of Giifilian at the Waikato. The following additional evidence was taken after we went to press. George Skene, Sergeant in the Armed Con stabulary : Took particular notice of him on the Monday morning, in order to see whether it was necessary to keep a watch over him. He had his breakfnst about eight o'clock. Saw him a Quarter of an hour after breakfast. Witness said to him, " Well, Muirhead, how do you do this morning ?"" Prisoner replied, " Much better; lam getting all right again." Witnes said to him, "Do you feel equal to the march, to-day, it is only a short one ?" Prisoner answered, " Oh, yes, I think I can manage it." He bad his swag packed up, and was ready at the same time as the other men. He spoke rationally, soberly, and sanely. Prisoner volunteered to go for mushrooms, and did go. Sergt. Collins told Muirhead to go to the horse's head. Prisoner did so. That was a very short time before the shot was fired. About half an hour before that Giifilian asked prisoner whether he would, have soma mushrooms. Prisoner made no reply, but witness thought he looked very sullen. — Cross-examined : Gilfillan spoke kindly to Muirhead; it was rather in a jocular sort of way :he said, " Now, Muir head, won't you have a dab of mushrooms." Had heard of the quarrel, but they appeared to have made it up again. When Muirhead went to the hsrse's head he had his belt on, and his accoutrements with him. He was the only one who had them on. There were no Maoris in front. Witness understood that the word traitor was applied to Giifilian. Was rather anxious about him when he went oat on the Sunday night. He had no drink on the Sunday. He never went out of the block house on that day. He spent the day read ing. — George Scammel, a constable in the Armed Constabulary, deposed to the leading facts as narrated by the previous witnesses. Assisted the last witness to disarm the pri soner. He said something, but witness did not distinctly hear what the words were. Muirhead was put under arrest for refusing to inarch with Giifilian. He said Giifilian was v "junior constable," and he objected to march with him on that account. On the Monday Muirhead seemed very melancholy and down cast. He spoke curiously on the Monday. When going for mushrooms he stooped down and picked up some clover blossom, and asked whether mushrooms were like that.—ln cross examination, the witness said that the prisoner had a peculiarity in walking, for which he was sometimes chaffed. The prisoner was at the Chatham Islands when the Maoris broke away. He might have been suspicious of Maoris. Believed that Giifilian and Muir head had been drinking together on the Saturday, but did not know it of his own knowledge. Had known prisoner two years. He was attentive to discipline ; very sociable among his comrades, and generally very quiet. —John Anderson, also a constable, corroborated the testimony of the nrevious witnesses. Witness was on the top of the dray when the shot was fired. Turned round when he heard the report. He could see into the pa-^n™. Saw the prisoner at the door of flu; sergeants' room. Ho had his rifle in his hand, and smoke was issuing from the muzzle. He said, " Ah, the cowat-d shan't live." Believed those were the words. Somebody said to prisoner, " You bloodthirsty wretch, what did you do that for?" The )risoner pointed down the road, and said, ' Don't you see the Maoris." Witness saw prisoner two hours before the occurrence. There seemed nothing wild about him, and he spoke in a rational manner. Witness be lie »od he was at that time in his full senses. —Cross-examined : Witness was not sure about the words used. Could not give a reason why Muirhead should call Gilflllan a " traitor" or a " coward." There were no Maoris down the road when the prisoner pointed in that direction. Never heard the prisoner chaffed for doing strange things while on sentry,—such as fixing his bayonet when there, was no occasion to do so. — Frederick Charles Smith, sub-inspector in the Armed Constabulary Force, deposed to re ceiving information, while at Kihikihi, that Constable Giifilian had been shot. Bode im mediately to Bangiawhia. Gilflllan was not dead when he arrived. Examined his wound.. A bullet had entered the left breast, and passed out at the back, just under the Jeft shoulder-blade. The wound caused by the egress was rather higher than that in front. Saw the prisoner. He said he knew what he had done. Cautioned. him as to any state ment he might make. Examined the rifle of the prisoner, and found that it had been re cently fired off. "He was one cartridge short of his regular supply of ammunition. The witness said he had ordered Giifilian and Muirhead to march an hour in advance of the detachment. Giifilian was to be in charge. Muirhead declined to march with Giifilian, because he said they had had a quarrel, and were at variance with each other. Prisoner marched with the main detachment. Had known Muirhead since the latter end of 1868. He came under my command the 2nd of Janu ary this year. Witness never saw anything in his conduct to indicate that he was insane or .an irrational being. Witness observed on the Saturday that Muirhead was under the influence of liquor, but there was no appear ance of insanity or madness about hint.— Cross-examined : When witness arrived on the scene Muirhead was sitting down, with his hands tied behind his back, and looking on the ground. He was rather flushed. Witness'asked prisoner whether he knew him. Wanted to see whether he was in his right senses. Ordered the two men to march in advance because they had been drinking. Did not ascertain from Giifilian whether he had had a quarrel with Muirhead. When taking his statement Giifilian said he had no animosity against Muirhead. The prisoner was always a smart, clean soldier while with witness. He was always most respectful to his superior officers. Believed him to be a man of some education. Was , not aware that the two men were extremely friendly. Dr. Waddington was the first me ( dical man who arrived. He came about an hour after Gilfillan's death.—Dr. John Carey, 1 a duly qualified medical practitioner, having charge of the Constabulary, depoied that he

received on the 20th of March a telegraphic message to the effect that a man had been shot at .Bangiawhia. Proceeded there at once. Arrived there at 8 o'clock. The body was quite cold. Death had supervened several hours. Death was caused by a gun shot wound (The witness described the ap pearance of the wound in nearly the same words as the previous witnesses.) A great amount of hoamorrhage had taken place, which haemorrhage was the cause of death. Made an external post mortem examination, and ascer tained that the ball had passed through the cavity of the chest. Witness saw Muirhead. Had no conversation with him. He was very quiet.—Cross-examined : Delirium tremens arises from drinking. . Its effect is to dissolve the brain. It may leave behind it debility. The brain might be dis ordered, but there would be very slight organic change. Laudanum is a proper remedy—in fact, sleep is the remedy for it. The disorder is continuous, but the delusions may be inter mittent.—Re-examined: A person having been put to sleep usually wakes up recovered. The paroxysms occur before sleep is obtained. Sleep is the cure for the disease. There is not usually a relapse unless the person begins to drink again. There might be a slight relapse after sleep. —Laurence Joseph Slattery, also a constable, deposed that he inspected the rifles and ammunition of the men before and after this occurrence. Each man should have 40 rounds. The prisoner had his proper supply before the occurrence. After it he was one round short. The prisoner was a man who drank constantly. He was what is called a " tippler." He never drank to such an extent as to incapacitate him for duty, but he was always drinking.—This concluded the case for the prosecution.—Mr. Hesketh said he would call one or two witnesses — one as to the facts, and the other as to the state of the prisoner's mind.—George Prince, formerly a constable in the Armed Con stabulary, said that Muirhead had been drink ing very hard on the Saturday. He was in a " muddled" state from that to Monday. Knew Giifilian. Never saw the prisoner and Gii filian quarrel. They used to argue together. They seemed friendly. Giifilian would sit on prisoner's blink for hours together. Giifilian appeared to think more of Muirhead than anyone else. The Witness described the con dition of the prisoner on the Sunday, the day before the occurrence. He was lying in bed the greater part of the day. He was ill. Witness got him a little brandy, but he could not take it. About nine o'clock at night he took off his boats and coat, and went out. There was great uneasiness about him. He was not himself. The guard was sent in search of him, and returned in two hours without finding him. Witness volunteered, with Scholfield and some others, to make a second search. They heard a cry " help" and " murder," and they went to look for him, but they could not find where he was. Witness called him by name,' and he replied " Prince, Prince." Rushed to take hold of him. He said that forty devils had been chasing him; that " one great big fellow had got him down, and had been rolling him." He seemed very mnch frightened. He did not know Scholfield at first. He tried to get away, and said " Look, there is another one coming." We carried him in, and put him to bed. Giifilian proposed to give him thirty drops of opium. He put the medicine in some tea, and witness persuaded Muirhead to take it. (The witness described the placing of the watch over Muirhead, and the other facts already deposed to.) He went to sleep after taking the opium. He was asleep for an hour or two. He awoke up in a fright, and said there was a devil, which just come into the room, and was up in a corner. At daylight witness took him down to a little creek to wash. The pri soner pointed to some willow trees as the place " where the devil started up from the night before." This was on the morning of the occurrence. Witness went back to the block-house with prisoner. Prisoner stood leaning against the block-house. Witness went to gather mushrooms, and found Muir head in the same place on coming back. Witness did not think the prisoner was capable of distinguishing what was right from what wos wrong—Cross-examined by Mr. Brookfield: The prisoner was shaking and trembling on this Sunday night. Witness said he did not tender this evidence before because he would not let everybody know what he knew. He never gave the account of the matter to the magistrate. Witness was dismissed the force for theft. Witness saw the prisoner up to 12 o'clock. Did not go away with the first dray, at 9 o'clock.—Re-examined: Was pre sent at the Magistrate's Coart, and would have told what he knew if he had been asked. The same at the enquiry before the Coroner. —Nepean Kenny, sub-insDector of the Armed Constabulary, said the prisoner was fourtefen months under his command. Always found the prisoner a good soldier; in fact, good in everyway. He'was a peaceable, quiet man. His general character was good. Did hear that he drank, but did not know it of his own knowledge. Witness never saw the prisoner the worse for liquor.—Captain William Esdile Thomas, formerly Besident Magistrate at the Chatham Islands, was there when the Maoris broke away. The number of Maoris who got away were 299 ; Muirhead was there. He was bound by the Maoris. Muirhead was a member of the Armed Constabulary! He was a very good man ; he. was willing, respect ful, obedient, but he was addicted to drink. Except under the influence of liquor he was very peaceable and well disposed.— Mr. Brookfield recalled Sergeant Skene and Constable Scammell to contradict Prince's statement that he saw the prisoner up to twelve o'clock on the day of the alleged murder. — Sergeant Skene deposed that Prince went from Bangiawhia on the dray which went away between nine and ten o'clock in the morning.—This concluded the evidence in the case.

SECOND DAY.

Thomas Pollock MuirheUd was placed at the bar for the murder of George Bond Giifilian.—Mr. Brookfield appeared for the Crown, Mr. Hesketh as counsel for the prisoner. — The following additional evi evidence was taken for the defence.—Dr. John Robinson Nicholson, a duly regis tered medical practitioner, said that he had been in practice for 19 years. The essential characteristic of delirium tremens is the absence of sleep. If sound sleep can be pro oured for any reasonable length of time there would be an awakening without the delusions which accompany delirium tremens. Assum ing a person suffering from delirium tremens being put to bed, a dose of laudanum having been given to him, and supposing the patient

to awake, his body shaking, perspiring, trem bling, his eyes staring, and crying out that there were devils in the room, I should say there had not been sufficient sleep ; and if the delusions were .of the same character as before, then the disease remained in all its force. The delusion is merely a symptom of the disease. The di sease . itself is in the nature of a local con gestion—a congestion of the membrane of the brain. I have known a case in which the patient, after having slept and gone about his ordinary business, had a recurrence of the de lusions, and became dangerous. Such a per son might appear rational to his family, and might converse rationally, though he would not appear so to a skilled medical man. He would still have all the symptoms of the disease, which would result in a recurrence of the de structive delusion. The picking up clover blossoms, and saying they wera like mush rooms, would be taken in conjunction with the other symptoms, as evidence of the con tinuance of the disease. The delusions may vary ; they are not continuous, or they may remain in abeyance. A patient may be re called from the delusion and be induced to converse rationally upon other subjects than that which is occupied by the delusion. Such- a person would not be wholly irrational. He might be brought to converse respecting his bodily and mental health. He might have a delusion at one time about seeing devils ; at another some other dangerous thing that would affright him. There is a marked difference between mania (insanity) and delirium tremens. In mania, the impulse to destruction is excited either by anger, exalted ideas, and the patient is always impelled to destroy. But I may call delirium tremens mania with cowardice. In the latter, the patient seeks to escape somo imaginary evil. He determines to escape at all hazards, and will destroy himself or others in the attempt. In mania, the destruction is impelled for destruction's sale; in the other, the destruction is an act of cowardly desperation. A farmer in Worcestershire went to bed. I gave him morphea to induce sleep. He slept an hour or two. He got up. Said he had been to his ordinary Dusiness, that he had superintended ploughing. Shortly after breakfast, having been rational to all appearance, he took an axe, attacked one of his farm servants, and wounded three cows. When I saw him I observed that the symptoms had not subsided. He was restless, and kept talking. I saw him at the breakfast-table. He could then con verse rationally. He believed the man he attacked was going to fetch the police to hang him. One-of the cows died from the injuries.' The cows were wounded, perhaps, accidentally in chasing the man.—Cross-examined: A man in delirium tremens is more likely to commit suicide than murder. A man with a rifle in his hand would be more likely to kill another person than to kill himself. I will explain. The suicide is not committed for the mere sake of self-destruction, but is rather an aoci dent consequent upon the attempt to escape the great evil imagined. A°man would not be more likely to fire at " the devil," if that were his delusion, for the reasoning powers remain, though in a preverted state, and the patient would still know that merely shooting at the devil would not destroy him. He would run away, and it might be jump through a window and destroy himself. If a man were before him, from whom he anticipated harm, he might destroy the man if he believed the man were powerful than himself. —To his Honor : But I should say, as a general rule, the person suffering from deliriuhi tremens would rather seek to avoid the man. — Cross examination continued: The person suffering from this disorder would bo still able to form some judgment of the pro babilities of escape, and if he could not escape ho might possibly destroy the man. —His Honor : The law makes a very marked distinction, which makes these ques tions very material. The law distinguishes be tween acta done, as they are called, under the influence, and acts which are the consequence of a settled mania, which may be brought on by drink. The question is whether the person is a madman, whether the form of his mad ness <has become a settled disease, not whether, under the prompting pf a drunken fi>, he commits an act which the law punishes.— Cross-examination continued : The disease ii marked before the delusions show themselves. The disease may not be accompanied by de lusions. A man not apparently drunken, but what is called a " toper," would exhibit the disease within a space of time according to constitution, temperament, and other causes. I have known a case during the " railway mania" in which the delusions showed them selves in one night. The mind is in a state of great tension, and any extraneous sources of excitement would accelerate the manifesta tion of the symptoms. I think persons suffer ing from this disease distinguish partially between right and wrong. Iri the case of a person put to bed, having taken a dose of laudanum, and having slept seven or eight hours, I should not expect a return of the delusion ; but the effect would be jgoverned by other symptons, the constitution; tempera ment, &c. I would look for other symptoms to guide me in judging as to the nature of the disease, or upon the remedy administered, or any other cause.—Re-examined s Suppose a man outside a house, with a rifle in his hand, under a delusion that a body of Maoris were coining to attack, that would be an imaginary danger which he would seek to escape. If ha ran into the house and saw a man inside, I believe he would bfii regard less of whatever might stand in his way. I believe if the man attempted to prevent, his escape, he would kill the man. He would destroy whatever might oppose his escape.— Mr. Hesketh rose at half-past eleven o'clock to address the jury for the defence. The learned counsel was evidently much affected by the sense of responsibility which had been cast upon him in defending the prisoner. He told the jury that he had left the evidence of the act of shooting undisturbed, because it was testified with great minuteness of detail. The act was undoubtedly one of atrocious violence. But the atrocity was an evidence of the state of mind in which the prisoner was. Here was a man whose general good conduct had .been deposed to by a great number of witnesses as a person of quiet and peaceable disposition There were no facts elicited that in an ordinary mmd w would have aroused the intention to commit a murder. The jury should not forget the charge against the pri soner was a charge of'wilful murder, and the meaning of this was that he killed the unfor tunate deoeased with malice aforethought. They would be pleased to remember that a malicious intention was of the very essence of the charge. And if malice bo requisite to

establish the commission of such a crime there should appear in all such cases some' words, or some previous acts, or other conduct that would animus which prompted the subsequent violence. There was a remarkabis portion of the evidence that related to his conduct of the fatal morning when Gilfillan was shot. He was described as " melancholy " " depressed," " down in spirits," " all down'," which showed the state of his mind. There had been 'no. quarrel then : a»y quarrel that was ever mentioned was so slight that it was spoken- of simply as a " disagreement," or a " difference," and it was clear that between these two men a relation of great friendliness existed. On the very morning of GilfiUan's death it was said that they were on friendly terms. ' Gilfillan himself apprehended no harm from", the prisoner, and spoke to him in a jocular manner only a few hours before his death. And, moro than this, Gilfillan said that he had had no quarrel with Muirhead. What evidence was there of any motive for such an act ? What had the prisoner to expect from Gilfil lan's death ? There was no suggestion that he would gain anything. The suggestion that there was an old grudge was removed by the facts proved in the evidence. The evidence therefore tended to show that this act was mo tiveles»*r-that it was not the act of a reasona ble man, and that it was the very opposite of what, from the character given of him by his superior officers, of the unfortunate prisoner at at the bar. He was known to be always re spectful to his superior officers. His disposi tion was that of a man who would act kindly and not cruelly. He was known as always good-natured nnd " sociable among his com* rades." He was liked by his comrades, who evinced the greatest anxiety about him on the Sunday night. They had told the jury that he was wandering about, imagining that he was. parsued by devils. He was brought, put to bed, oprfin administered, and such was his state tfcat three men were told off to sit up and watch him during the night. It was material to recollect that this was the night, and the morning of the day when this fatal act was committed. And he is described as down in spirits, and one witness spoke of him as look ing at on time sullen. And the if jury would turn to the circumstances under which this act was committed, they could not fail to discover that the conduct of the prisoner became still more unaccountable and wholly inconsistent with the theory of the prosecution, that the prisoner was in his senses. What sane man would hare done such an act without a motive, and chosen such a time for doing it ? The hour was the middle of the day, the prisoner was surrounded by his comrades, there was no one fact which went to show a selection of place and occasion to commit a murder. The act and the condition of mind which prompted it ; were so rapid as to have escaped the observation of those who were on the spot. This feature of the case, which might be gathered from the whole of the evi dence, led to the presumption that an uncon trollable paroxysm of insanity came upon him. There did not appear to be. time given to call\ reason, if he possessed a particle of reason, to his help, and restrain him from the commission of such a crime. He submitted that in sanity was the only means of accounting for such an act. The state of mind in which it was done was clear, from the words used by Muirhead. He said, " A traitor can't lire ;" and the word was said to apply to the unfor tunate Mr. Gilfillan. It was in evidence, backed by the dying man's declaration, that there had been no quarrel. How then a "traitor ?" But the word was capable of in terpretation whe? taken with the other words uttered at the time. He said, "Don't you see the Maoris there ?" This would account for some of the conduct as well as the isolated expression referred to. The question was whether the man at the bar had such a disease upon him as prevented him knowing whether his actions were right and wrong. He was sure the jury would consider the whole of the circumstances of this case. They would con sider carefully the medical testimony, which was extremely important; for the case turned upon the question whether the various acts of the prisoner committed o'q and about this date indicated the presence of a disease which nob only impaired the powers of the mind, but placed there delusions which impelled to this act of violence, without permitting the influence of any reason that might exist to operate in controlling him. Let the jury consider the facts dispassionately, calmly, and solemnly. Let them weigh the evidence in the even ba lance of justice. Let them hear with equal willingness the construction which was put upon the facts by those who defended the unfortunate prisoner. He was known to be ever considerate and kind to those about him, and even in the awful position in which he then stood, he was not deserted by friends who had come into Court to bear testimony to his character as a soldier and as a man, and that his superior officers did not hesitate to declare that so far from having an inclina tion to violence, he was always subordinate, obedient, and respectful. He left the issue in the hands of the jury, in the full conscious ness that they would do justice between the prisoner and the country.—Mr. Brookfield ad dressed the jury, and told the jury that every homicide was considered by law to be murder, until the contrary were proved. Drunkenness was sometimes said to be an aggravation of crime, and not an excuse. In serious cases the law watched over the liberty of men. Drunk ennesswas an important element in the consideration of cases like the'present. It might in some cases be an excuse.—-His Honor: Where it is insanity, or where a settled in sanity resulted fronii it, the excuse would be absolute.—Mr. Brookfield: The fact of the shot having been fired by the man at the bar was admitted. The only question that re mained was the state of the prisoner's mind, i He must tell the jury that the offence charged was murder, or nothing. But there was no immediate altercation followed by violence ; but there were indications. in the evidence which went to show that the crime waß the result of enmity, j-tad broodiug ill-will. They had proof of theJßery important fact that the prisoner hai svpe time previously refused to march vTlith Gilfillan. And the reason given by Muirhead for this refusal was, that Gilfillan was a "junior constable." And the fact deposed to by Sub- Inspector Smith threw some light on the sig nificance of the reason given. It turned out that Gilfiilan had been" given the charge. This showed something like envy, on account of a preference to which he, aa the senior, must submit. There was no desire to press hardly upon the prisoner, but the fact was. itself worthy of the consideration of the jury. Tbisi was followed up by the hard words in tb*

(June; 13, 187J

THE EVENING STAR



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