SHIPPING.

PORT OF AUCKLAND.

SUNSET.—This evening,6. BIG-H WATER.—Thia evening, 8.12.

STEAMERS FOR THE THAMES THIS EVENING.

Comerang, 4 o'clock. Enterprise, 11 o'clock.

ARRIVALS.

H.M.S.S. Basilisk, 5 guns, Capt. J, Moresby, from Nfelsonand Wellington. .- Tauranga, schooner, 60 tons, Sellars, from iau- Comerang, p.s., Chrisp, from Bay of Islands. Duke of Edinburgh, p.s., Farqubar, from Bay ot Islands. Rita, brig, Edwardes, from Melbourne. „,._,.„ Prince of Wales, cutter, Sainty, from Soloman I lands.

PROJECTED DEPARTURES.

London.—Beth Shan, early. Sydney.-Alice Cameron, Oct. 4. Honolulu.—Nebraska, p.s., Oct. 5. Napier.—Napier, early. . Taukanga.— Tauranga, early. Southern Pobts. -Wellington, s.s., early. Fuis — Merlin, Oct. 3 ; Seagull, Oct. 5. New Yokk.—Alice, early. Kaipara.—Colonist, to-day.

VESSELS EXPECTED.

Hero, 5.3., from Sydney. ..; H M. s.s. Basilisk, from Nelson. Nebraska, p.s., from Sydney. Napier, s.s., from Napier.. City of Auckland, ship, from London. Chile, ship, from London. Ballarat, barque, from London.

ARRIVAL OF THE TAURANGA.

The schooner Tauranga, Captain Sellars, left Tauranga on Friday last, and arrived in harbour to-day with the following passengers : —Mrs. Kirkwood, Mrs. Floyd, Mr. Saddle, and five others. Cargo : 73 bales hay, Buck land. The cutter Hero, for the Thames, lelt Tauranga on Friday. v

fglThe ship Countess of Kintore commenced to discharge her: cargo from the main hatch to-day. It appears to be in splendid condi tion. To-morrow the donkey-engine will be employed, and should the weather continue fine, her cargo will be all landed in a few days. The barque Alice Cameron is taking in cargo for Sydney. She will sail on Wednes day. The cutter Sovereign of the Seas arrived in harbour this morning. We understand that her master will be brought up at the Police Court to-morrow, charged with a breach of the Harbour Eegulations, by not carrying lights •n Monday evening last. The p.s. Duke of Edinburg left Russell on Saturday at 1 p.m. and arrived in harbour yesterday morning with 7 passengers and the following cargo : 5 tons gum, Must and Co.; 3 tons bones, McGinn. Passed the brig Alarm off Wangaruru on Saturday. The p.s. Nebraska is expected here from Sydney on the 4th inst. The p.s. Comerang arrived in harbour yes terday morning, having left Russell on the previous day at 4 p.m. Passengers: Mrs. Ireland, Messrs. Busby, W. H. Williams, King, Carter, Farquall, and two in the steerage. Cargo: 37 tons coal, 19 horses, 9 head cattle, 100 sheep, A. Buckland ; 25 cases gum, Williams; 25 bags gum, S. J. Edmunds ; 1 plough, 1 case, L. Williams ; 1 case, Brook; 1 caso, Ludbrook. The brig" Rita, Captain Edwardes, arrived in harbour yesterday morning from Mel bourne. She brings four tons of blasting powder, a large quantity of iron for the Thames tramways, and a general cargo. The Rita left Melbourne on the 14th ins: ant, and expe rienced N.E. winds, with foggy weather, passing Wilson's Promontory on the 15th; thence had strong X and N.E. winds till the 25th, when the wind shifted to W., and blew a terrific gale for 2-i hours.' Since then had strong winds, with high cross sea to the North Cape, which was passed on Saturday, at 2 a.m. Passenger—Mr. S. Stetolph. The cutter Mary Eliza left Kaipara on Thursday last, and arrived in harbour yester day morning, with a cargo of gum, for Messrs. Must and Co. The cutter Prince of Wales, after an absence of three months, returned to port on Saturday. After leaving New Caledonia she proceeded to the Solomon.lslands, where she took in arc vgo of cocdanuts and cane. .The return passage, has been very stormy, with headwinds. The schooner Halen, with five nativrs on board, was at the Solomons when the cutler left.

COMMERCIAL.

OAT.L 3 AND DIVIDENDS.

The foilo -.Ing are the current calls and divi* (Sends p«ruble in the companies named be low : —

THE MAILS.

Mails will close as under

For Thames, this day, at 5.30 p.m., and to-morrow, at 11 a.m., and 5.30 pirn. For Kawau, Wangarsi Heads, etc., per Duke of Edinburgh, this day, at 5 p.m. For Whitiangi, per Mary Ellen, this day, at 5 p.m. For Kapanga, per Lalla Rookh, to-morrow, at 3 p.m. For Russell, Kawakawa, etc., per Comerang, on Thursday, sth inst., at 3 p.m. Mails for the undermentioned places, per p.s. Nebraska,, will close at this office on Thursday, sth October, a.s under:— For Sandwich Islands, British Columbia,. United States of America, "British. Central, and South America, British and Foreign West Indies, and Continent of Europe via England, at 10.30 a.m. For United Kingdom via San Francisco, at 10.30 aim. For money orders, registered letters, and newspapers, at 9 a.m. Late letters for United States of America and United Kingdom, bearing a late fee of 6d in addition to the postage, will be received at this office till 11 a.m., and by the mail agent on board the steamer up to time of sailing.

Noxb.—lt Is notified for general information, that on and after 6th October proximo, the colour of the onepenny, twopenny, and sixpenny postage labels, issued by this department, will be, one penny brown, two penny red, and sixpenny blue. S. B. Biss, Chief Postmaster.

BIRTH.

Soppbt.—On 29th'September, at Wellesley-streefc, ho wife of Mr. James Soppet^of a daughter.

DEATHS.

(Jookset. —On Tuesday, the 19th, Jane, the wife of r Samuel W. B. Cooksey (of pulmonary disease*. Sanderson.—On the 28th September, at Tairua, Charles Sanderson, Esq., C.E., in the 50th year of hia »ge ■

The Evening Star.

MONDAY, OCTOBER 2, 1871.

" For the cause that lacks assistance, For the wrong that needs resistance, For the future in the distance,; And the good that we can do.

We would draw attention to the fact that, the new fish stalls 'recently greeted on the Queen-street Wharf will to-morrow be let by. public auction. The opening of our miniature! Billingsgate should have tke effect of produce ing a regular supply of fish to the city, nnd» we desire to compliment the Harbour Board on their, thus consulting th^ public con venience. On another improvement we must also give the meed of praise to the same body. Great inconvenience has arisen from boats coming down rivercrowding together at the Watermen's steps, and we are glad to see that, on the suggestion of Captain Ellis, the Board has ordered the creel ion of steps at the other side of the wharf opposite the fish mar ket, at which gum-boats and similar craft can find a resting-place In fact we are-given to. understand^ that the readiness with- which the j Harbour Board defers to any suggestion that tends to the convenience of the public, aud the improvement of everything in their domain, affords a pleasing contrast to the regime of the past. And from the extent to which the small available means of the Board have been use fully applied hitherto,-we think we have the guarantee of satisfactory results, when the^ endowments being realised upon will place: the Board in funds.

We would implore our correspondents to hare mercy upon us—not in respect of the n umber _pf .their favours but their longitude. tye are,much pleased at receiving any number of short, letters on auhjects of interest, and shall gladly give such insertion. But wo hare by us a mass of correspondence, the letters in which -vre could not find space for, even though we used a hydraulic press. In our United apace we are exceedingly reluc tant io insert long letters, and if correspon dents find their letters excluded, they, will please note the cause.

We alluded in our issue of Friday last to the fact that the Devonport district school is to be opened this day by Mr. Henry Worth ing ton, late head-master of the school at Papakura. Before.- leaving the latter place Mr. Worthington received from the pupils of the.i-chool there a very, gratifying expression of the obligations they are under to him for the care and skill shown in superintending their education during the past three years, accompanied by the present of a very hand some walnut-wood writing desk. In accepting the testimonial so kindly offered^ Mr. Worth jngton toek occasion to remind the young folks that the success of a school depends not only on the skill and ability of the teacher, but, in a very great measure, on the punctu-: ajity and attention of the pupils themselves, as well as the cordial co-ope rat ion of their parenis and guardians. He pointed out to them the great aim of education is not merely to cram into the head a lot of general know ledge on various subjects, but to train the mind to healthful habits of thought, and so fit the youth to become a useful member of society, able and wiliing'to enter earnestly on the battle of life. He recommended them to place every confidence in their new tencher (the Eev. Mr. Bates), who would, he was sure, carry on their .education on principles which will produce the most beneficial re sults. While expressing their regret at losing him, the pupils of: the Papakura school wished Mr. Worthington every success and. happiness in his new sphere of duty —a wish; we most cordially re-echo. ;

The high reputation Olson's tomato sauce' has obtained as a household condiment, has brought many inferior articles into the market The public are therefore warned not to be ira-. posed upon with rubbish, but ask for Olson's: genuine tomato sauce, and see that hU name is on the- bottle. "To Mr.'Haris Olson.—: Dear Sir, —By some mistake a bottlo of your tomato-sauce was put away in my house, and remained uncorked for upwards of twelve: months. The same bottle of sauce was after-' Wards used at niy own table, and I found it was equally as good as "when first made.—T^ W. Doonin, wholesale and retail grocer, 218, Queen-street, Auckland."—[Advt.]

An old farmer of Sussex was out one fine day, looking over his broad acres, with an axe on his shoulder, and a small dog at his heels. The espied a badger: The dog gave chase and drove him into a stone wall, where action immediately commenced. The dog would draw the badger partly out from the wall, and the badger would take the dog back. The old gentleman's sympathy getting high on the side of the dog, he thought he must help him, So putting himself in position, with axe above the dog, he waited for the extraction of the b dger, when he would cut him down. Soon an opportunity offered, and the o'd man struck," but the badger gathered up at the same time, took the dog in -far enough to re ceiv« the blow, and the dog was killed on the spet. For years after, the old gentleman, in relating the story, would always add, " And that dog don't know to this day but what the badger killed him."

Tho ..usual monthly meeting of, the Lodge Ara, 348, 1.C., will be held this evening.

The public are cautioned against dealing in scrip in the Italian Grold Mining Company, pending the present law-suit in the Supreme Court.

A call of one shilling per share has been made in the .Bird-in-Hand Gold Mining Company. A similar call baa been made in the West Coast G-old Mining Company.

The members of the late Rifle Volunteer Band are requested by Mr. McOomish to assemble at Messrs. (ice and Potter's on Wednesday evening next, at seven o'cloelc, to practise the new " Man about Town Polka." Wo hear that Ibis band is about to be re formed under the old auspices.

The Rev. 0. W. Rigg delivered a very im preesive discourse last evening, in Pitt-street Chape], on the occasion of the improving the death of the late Mr. 0. Arthur. He chose for his text 4th eh. 2nd Thessalonians, 14th and 15th verses. There was a very large congregation. At the close of the sermon ho, .read si. short but pleasing account of Mr. Arthur's Christian experience, dating from his conversion to hia death. It referred to the rise and progress of the religion which characterised hia life and actions, and was so fully developed in hjjs character. He referred to the several posi tions Mr. Arthur had held in the Wesleyah body during his life., He had occupied every

j.kce that it was possible for a layis>p,n tp hold j and also showed how it was his c^n,6tant; effort to keep uppermost in his mind the glory 0$ the Lord, and the good of his fellow Vmeni-iHHe was made very useful, &M the llqvd,- crowned his work with success. A solemn feeling pervaded the whole assembly.; no doubt, much good was done. V

Tb'fl aiiiuvereary services of the Ed.wardes streeb Primitive Methodist Sunday-school, were preached yesterday ; in the morning by the Rev. J. Berry, and in the evening by Captain Peek. . In the afternoon an address was delivered to parents, and children by Captain Peek. The collections amounted to £11 10s. The annual tea meeting will be held to-morrow evening, at 6.30 p.m., when ministers and friends will address the meeting.

PRESBYTERIAN- CHURCH NORTH SHORE.

On yesterday forneuoon the Rev. P. McKenzie, who arrived last week by the Countess of Kintcfe, preached1 His first discourse in the colony to * large iancF attentive congregation in the Presbyterian Church at the North Shore. The rev. gentleman has a very pleasing audLpopu, lar style of preaching, aud it is :stcougly felt that ho will prove a valuable acquisi tion to the cause of the Church of Scotland in this province; and we congratulate pur North Shore Presbyterjan friends on the opportunity afforded^ them of having the pastoral tie once more formed in circum stances so likely to prove to their great gidvantage. "-"- The arran,gepieut which has been with kindness carried out by a gentlecaan, resident at the North Shore, by which public worship^ has been linsus pended, however satisfactory, could not have been expected to be of a permanent character, and with their pretty little church free from debt, and in a rising and most interesting district, wo anticipate for their pastoral and congregational re lations a very pleasing future/ Mx. McKenzie, notwithstanding the great dis advantage of having stepped from board ship into the midst of ] scenes ihe condi ditions and requirements of which must have been entirely unknown to him, has we understand created a very favourable impression, and as there is a meeting, of the congregation convened for this even ing we have no doubt that arrangements will be satisfactorily completed for the permanent settlement of Mr. McKonzie. The rev. gentl^mnn preached again .last night with groat acceptance in St. Andrew's Presbyterian Church in the city. < ? . ,:

ARRIVAL OF H.M.S. 'BASILISK.'

LATER FROM WELLINGTON.

THE BOAT ACCIDENT AT NEL SONS—RECOVERY OF THE BODIES.

ANOTHER BOAT ACCIDENT.—

TWO MEN DROWNED

H.M.S.S. Basilisk, five guns, Cap taiii John Moresby, arrived iv harbour this afternoon, from Nelson and AVel^ lfngton. She left the latter port on Wednesday last, and experienced variable winds to the Jtlast Cape ; since then south andu south-west winds. The Basilisk will," probably, remain here about two months.

WELLINGTON.

September 23.—The Athenreum was opened to-day by hia Excellency the Governor and a large number of persons.

NELSON.

September 24.—The bodies of Miss Rey nolds, Matthews, the boatman, and the child drowned, while crossing the Boulder bank in a boat, have been recovered.—Another boat accident is reported, by which two "fishermen have been drowned. : . ■• . •

CHRISTCHURCH.

September 23. — Enquiries for wheat ara very limited, but holders are willing to accept ss. Stocks are not heavy. ' Flour is slow of sale at £14. Oats, 2s 5Jd to 2s Bd,. good. Malting barley is moderately active for local use at 3s to 3s 6d. Prime butter for export, 7d to 7£d- There is no demand for cheese. Hams and bacon are dull of ea'.e, and no im provement is likely to result owing to the fo w export~order« received. Potatoes, £2 15s to £3 per ton.

NEW PLYMOUTH.

September 22.—The chief Mahau is dead; —A meeting was held last night to consider the site of the Post-office. The tone of the speeches was in favor of the market-place site, —The native meeting at Pariaka is still going on. The roads' and telegraph will be per mitted to pass over the land.

GOURLAY FAMILY.

Wo wonld remind our readers that this talented company will make their appear ance^ this evening, when various enter tainments will be gone through, and we are confident that lovers of good music will not miss this opportunity, as this is their la^h, engagement in .New Zealand. We would recommend the public to go and judge for themselves.

EXCELSIOR MINSTRELS.

At the City Hall, on Saturday evening, there was a good attendance to listen to this well known company. This evening they will ap pear at the Prince of Wales Theatre,' and, no doubt the same success will attend them. Wo are glad to hear that Mr. A. O'Brien, the po pular Negro singer and extraordinary dancer, will make his reappearance this evening, af ter his recent indisposition. The performance will conclude with the burlesque opera of the " The Bohemian Gal." This burlesque has been spoken of very highly by tho Australian Preas, and no doubt will draw a crowded house.

SHARK MARKET.

Mb. J. M. Lennox's Report.—The share market continues dull. Caledonian and Thames stocks are stil declining. Caledonians are offering at £115; Thames, £22 10a ; Otago, £3 15s; JNonpareil, £6 2s 6d.

" ExiMME his Mouth for his Age."— Rector's daughter (to Sunday-school boy) : " OU, jou have an elder brother; well, how old is he ?"—Schoolboy: " Dunrio', Miss, but he's just started o' swearing." A dentist can stop a woman's tooth, but not her jaw.

POLICE COURT- Monday.

[Uef^re Hist Wc&hip;!the Mayor an<£Thomaß, Ritchie, Esq., J.P.]

DitiiNKBNNESS.-IJ'ife-'arunkard.i TRJjfere puu iishhed in the usual manne/, . '•;?': , ■-■' Laecent.—George Sijh'psqn was.charged with stealing a lamb, valued at 10s, from the paddock of J*mes Dilworth, at Remuera.--" Mr. DiWrth stated to the Bench that lie did not wish to press the charge, as the .offender was young, and it was probable that a repri mand might have the effect of operating as a caution to him in future, and might.put a stop to a long Beries of petty depredations from which he had been suffering. The Court, therefore, severely reprimanded the boy, and giire him some good advice, as well as being cautioned than "if he. appeared again, he .would be severely dealt with. Breach of Municipal Polics Act.— James Ryan, for allowing two cows to wander in Symonds-street, was fined 255. and coats, he being an old offender.—Thomas Hollywood, for sufiering a goat to stray in Cook-strec^ was fined fire shilHn'gs and'C'osts.^iJ. L. West* for being;away from his; v&Tficto .^Kile . i?i motion, was fined in the nominal pennlty of one shilling, as it appeared every precaution had been taken to prevent the, horse from funning away.^-Jotni /Stewart- was fined five shillings and.costs' for .allowing- a horse to. atray in Symonds-street.—James .Sainsbury, for having charge of more than one vehicle, was als.o fined five shillings and.costs. ~-,s Breach of Dos Nuisance Act.—Jtiehjlrd Sandall appeared to, answer a charge of allow ing his dogs to. rn^h.at iWilliam Davis.— Sergiant Walker deposed tbat he had;seen the,dogs at a boy named Da^is,. who was driving o'o.ws. If 'fh©i yritriess had not interfered they would %Te injured the lad,. He had pieviousl^seen the animals chained up inI'defend an t'li yartf.-^William Davis and Constable Naughton gave similar eviderice.^-Tlic.swno defendant was- also charged with hiving ay dog loose without a cellar. For the" first'ofl'ence he was fined 40s. and costs, and for. the sccoud^s, ana'coste; , : IiApOEKY As'"A' BAtkEß^ThonufeJL Pfljirr son, *who had b'efm c.'harged'*wifcli 'fraudulent conversion of £17.105., was discharged,—the prosecutor heaving atated that he had no desire to press , the mailer-^ as amtmdflf ;lijid ■ been made.—Mr. Inspector-. Brohani' also stated that he thought the evidonco vrhioh could be adduced would not be sufficient to obtain a conviction. . "? rrr ;; ■-:".': f

LaßOKny.—'Andrew Cr&mbie,, George; W. Smith, and William King,"were charged with stealing a weighing machine, valued at £8, from the schooner Woodstock.—At the-request of Mr. Broham, tne case was remandoid for a week, on account of the absence of a material witness. —Crombie was allowed bail, orTt'he application of Mr. Joy. Breach of Destitute''Persons JJhxiei ORDINANCE.—John Wilson was charged with deserting his wife Jplne/and leavingfier and two children destitute. ..Mr. Joy abpear^Jbr prolecutrix, aud Mr. J. Br^RussellTor d.efcnd ant. Prosecutrix deposed to having received^ much ill-usagod from defendant, and to ha** ing been turned out of the house by. him. "-I,h cross-examination she admitted having used; provoking language towarcl* him oß'accSpant of some jealousy she entertained in respect to, his behaviour iv regard toother females. She refused to live with him, and stated she would not return to him." She' had fchken the. children away from hor husband when ho waal prepared to take them to" the Thames and! support them. He had given her everything | out of tho house, end' g6ri», i%tty without any-j thing himself. Under' these circumstances' Mr. Joy asked permission, to, w|thclnaw tha case, which was accordingly dismissed. Breach of MAurtfE Act.—Philip, Jpnes % master of the schooner Sea Gull, was uhnrged by the Collector of Customs with committing1 a broach ofthe lOlthrjicction of the bj-luws of 1868, under section ,50 of the Marine ,Aptj 1867, by neglecting to exhibit a liglr. while iq' the port of Auckland.—Defendant pleaded guilty, and explained the circumstances whicH fed to the omission. He had only just weighed anchor, and had no' time to aubstifiuto fIM side lights for the, riding light. ;The liglUJ moreover, was bright moonlight. There was very little wind, and the vessel scarcely had steerage wuy.—Captain Bdrgessf, Harbour Master, stated that.on the.. nigjit of the. 9M) instant, when lie took the Nebrafka out, the Sea Gull bad apparently been underway for half an hour. She "was within the Hants'."of tho port.—The Court held the oU^ga pj^ejt and fined defendant £10 and cbsts.

After an adjournment of an hour, Mr. Dargavilie took the seat on the Bench vacated by Mr. Philips, who bad to take tho chair at the meoting of the Borough Council. FOHOtS'G ' AND UTTBBIN&i—GeoVge' /W f Bull, alias William Williams, was cliarged bjf John C. Morrin with Uttering a cheque for £15 17s. 7d., purporting to be drawn by J| C. Morrin on the Union Bank.—Alexander Gibbon, assistant to J. C. Morrin, deposed that on the 18th instant prisoner came to the shop and purckased goods to the extent of £1 7s/ 7d., for swhich, be tendered a cheque for £15 17s. 7d on the Union Bank of Australia, purporting to be signed by R. Walker and Co. He said he had got the cheque fron) Walker and Co., gum raerciiants on the wharf, on account of gum, and tbat there* were] twp other men concerned with him in the sale of the gum. He said h« was W. Williams', whose name was in. tho' body of the cheque. Witness gave him the balance of the ehequq, viz. : £13 17s lOd. The cheque was pre sented, and payment refused, as the- signature was not that of the Messrs. Walker.—Angus Macdonald, clerk, and acting ledger-keeper in the Union Bank of Australia, identified the: cheque" as Haying-been presented at'the bank, and returned to Mr. Morrin, as the signature was unlike that of Walker and Co. No other firms of that name are customers of that bank. —William Henry Lyon, partner in the firm of R. Walker and Co., r stated that the signature to Jiihe cheque was 'npt'lhat of the company, although it bore/.so.mi? resemblance to it. Pri soner was for Some'tjme^in the employ of tlie firm, both ia the ofßco and tho store, and was discharged about.six weeks,ago.—Detectiv;o Teriialian had assisted in the' apprehensioii'of prisoner. On searching himhe found a card (produced) on which the writing and the amount, £15 17s 7d, were both similar tjo that on the cheque. A letter also,found upon liiin, which ho himself asserted to be in his own .handwriting, was aluo similar as to'tlio writing. On tho following morning, how ever, Bull adhered to his first atatemeut, that the signature to the cheque was that of R. Walker and Co. Prisoner reserved his. de fence, mid was committed to take his trial at the next criminal sittings of the Su preme Court. —The same prisoner was then charged with forging a cheque-for £75 17s 74, purporting to be signed by R. Walker and Co.—Michael Sheehy, landlord of the Alex-

andm Hotel, deposed that prisoner "stayed with him as a boarder until the 29tli ultimo, under tho nnme of Frederick Walters. He then presented tho! chequo for £75 17s. 7d., now produced, in favour of W. Williams, and signed by It. Walker aud Co. Witness.liad made no demand at tlie time for payment,

but prisoner presented the cheque, asking for change, as he was "running short of.money." On presenting the cheque at the bank, witness was called into the presence of the manager, who asked him to bring prisoner to him.

Witness took him to the bank, but while witness was engaged prisoner made his eicape,

SUPREME COURT. — Civil Sittings.

MQNEp?; OCTOBER 2.

[Before. His Honor Sir G-. A." Arney, Knight,

Chief Justice, and Special Juries.]

Hi 9 Honob took hifr-seat .on the bench at 10 o'clock. >• ": ,■'" ,' "' '■■■■->

Absent Jurymen;.—Whenthe list of jurors was read over, three special jurymen did not answer to their names, and His Honor ex pressed his intention'of inflicting & fine in all future cases of non-attendance on the part of jurymen. He directed that all the jurymen who were about the precinits of the building should be called'beforehiin. arid informed them that the Act left to the Court no alternative .but .to. inflict the fine, and jurymen would discover that they would expose them selves to a rather expensive process ml purging the contempt which was implied; in their not obeying' the. summons. If the Court were to fine a juryman a guinea,! ;he would be Ijable to costs to the extent of: | '£4t bi £5 before he would':bei i rid of the con-; sequences. The Act di'iVota that when the; Court inflicts a fine, if ii. be not paid immedi ately, the Judge shall certify that fact to the- Attorney^ who woiild thereupon proceed to I irecovcr the fine. Profess issued by the I Attorney generally involved some expense, to which, probably, in all cuses, the juryman would ~be subjected. Of course, the fino: being inflicted on -account of the absence of the juryman, he could not pay it "immedi-; ately," the Court would thereupon be obliged ito make out the certificate. He would, there rffpve, recommendr.all jurors when they had '^veH^.good for non-attendance that they should send* some ono" to inform the ; Court of the reason for their absence. The ;i*Buo of the certificate by theiOpttrb, without affording some opportunity for explanation, would in some cases operate harshly.. The Court would, of course, do all it could to con-' suit the convenience of jurymen, and help to make, the Act oparfMpj as easily as possible. ]^d^tpqii;'f'T.V'^ALLt3.—The following special' jurors 4-were empannelled :— Henry Gilfillan (foreman), Walter Graharae, Louis Arthur Nathan,.David Boosey Cruickshank, JoHn- Mid'dle'toji- Hainan, Henry Isaacs, Andrew Wardrop, James Lyell, Hanry Purt ington, Samuel John Edmonds, Edward Frazer Jones, John Lowe.—Mr. Heaketh ap peared for the plaintiff; Mr. MacCormick for ■tho defendant. —This was an action in dam-; 'age's for-irespass, but it was brought to try a, riijht of way, which was pleaded by the de-; fondant jw:;;an. f answer; to "the- allegations contained in the*' declaration." Tho declara-: tion set out—(1) that the plaintiff is the; owner of certain land (lots 5 and 6, in tliej Parish of Taupp, Banks's County) in the' Wairoa ; (near Papakura), uporTwhich he hadj erected «. fence, and placed there a gate,' padlocked "aftd secured ; (2) that the defen-j dant eVpieand broke"Vtottn tlie^fence, or gat«,: and for the damages thus"" occasioned the' plaintiff claimed £500. This sum, however, was by th« plaintiff's counsel stated to bo nominal, And the real contention was as to the right of road. The defendants (admitted the trespass, but pleaded that the fence or gate' was placed across a road in which all travollerrs had alright of common, upon which to ariva horses, carriaees^cattle, £&>., and tnat^in pulling down and destroying the_ obstruction they did "what they had a right'to do, and vfhiQj^ ought of right to bo dpne/'-rThe pMatiff waif examined, and described tipori a", plan the* position of the land, with the boundaries, aijd'.also the position .of tlie., fence. M*L ' siji# -he. pivphised« tli'e .land eighteen *years * ago. ~He denied that tilery was; any ri^ht of road, "either in the . de-< fendauts, or anybody else. As to the actual damage sustainod, ho said tha*. £5 would pro bably replace' the' fence. This was the whole •o£lua evidence. —In cross-examination by Mr. MacCormick, he said that daring the Superiu iivtendeqcy of Mr. Robert Orahum, he and other settlers petitioned the Provincial Go-i veriunent, to place a number of immigrants in -the district.. This vrjts in the year 1865^ ;:Ai that time the Wairoa district was very thinly inhabited. It' waß;.Bi)bSequently.;.determinea that a lot of immigrant* should bo placed on the land at Otau. It was intended, lioweverj that the immigrants should go furliher on, to a placo named Orungahauhau. Tlio witness was, of course, anxious that, immigrants should be settled in the district, as were mo3t of th^ settlew. The G-ovbrnmeat of the proviaccj however, had mmked out the road befure tha land was-settled. 'Mr. Kobert Gratiam^the Superintendent, came to hi» houße,-.withi Alri William Hay, and ask'ecLthe witness to . give the land for the road. Witness promised to do rso, " under certain ■conditipna,"; but,,he- bac never given the land, and the conditions were .never complied with. .For some time people were allowed to, go backwards and forwards, and certain portions, of the road'were more used than others. He denied1; that; he had promised to give the road if Mr. Graham brought immigrants into the district. Wit* new put up the. fence across, the road in. Sep tember, 1866. ,Did not put a notice up in, 1866, but: he told, the settlers, befori putting up the fence, that it was his -intention to oloaa up the road.. Ho did not tell them so at a public.meeting, and he could not recol lect what particular person or. persons he .told. He did not put up a notice, "No thorough; fare," untillß7l. The reason :he did not. put the notice before was, that he was asked by i Major Heaphy to allow, the immigrauts; to use the road, until there should ,be .-passed a " Compulsory Land[Taking Act."... The High way Board of the district claimed;the ground as a public road. He had put up the notice before,they made a^ claim;, to, tjie jqucl. The' ditch was diig at the samo time, as the fence was put up. He placed a elip-panol in ano ther place. People continued to use the roid. Witness never stopped anyone, but he-told people that they were trespassing. Wit ness erected a .gato in March of the pre . sent year, fasteqed. it with a padlock,' and;iput up tho. notice. Witnoas gave the line or" road to- the G-ovcrnment, upon condition ■" that they should make a | g00.4 .troad, and' fence it on both sides. | The iQ-overnmont (by Mr. Graham) agreed to do Jthis, and they told, the witness if it were not done "he might shut up the road." Mr. Bober^i Qraham's words were; "If I am in office that shaU be done, and if I ao» not, and it should not be done, then you close the road.)' An offer had been made by the immigrants to fence the line of road, but the agreement was, "tctaftke a good road as well as put up a good fence." A Mr. Bell had acquired an interest in the land. Witness put in a claim for compensation when the Government surveyed ' a new lino of road through the ground. Claimed frsm the Government aQ cording to the rate at which the Governmont . .aold liiud in' the sottloment of Otau, or £12 an acre. The sum claimed for thin deviation was £240. Did not think getting £240 a better bargain than putting up a good fence and making a good road. A letter written by the plaiutiff to Major Heaphy, and dated September sth, 1866, in the following terms, " Sir,—l have the. honor to acknowledge the. receipt of your letter of the 29th of August, referring to arrangements between myself aud souSe members of a former Provincial G-overii raent, respecting a right of road through my property. In 1865 Mr. Robert Graham asked ni» to allow, him to "make a road through my property, leading to the settlement of Otau; to which I com«nted on oondition of making a

good road and putting up a good i'oncs upc both sides, and upon their failing to do co was free to close the road. I hare continue to allow the immigrants to use the road, h after the 20th instant ifc will greatly ineo veniance me to do so." This letter was t. answer 'to a communication from Majr Heaphj asking' witness to allow t\. settlers to use the road. Witness attend* a meeting of the Wairoa District BoartJ to consider this queation. Couid not t& collect whether he told Mr. Wflllia that tl Government had commenced to fence, an that they had commenced to split the stuf Denied that he ever eaid so. Crawford ha stopped the road on his side. Might bar said they were about to split the stuff if tb road had not been stopped. Did not B*op fcb road if the wood were to be taken from In bush. Could not saj whether one Wilhar Moore had been employed in clearing thi road. Might hare had conversations witg him on this subject. Might have said tha he would not have a fence put up by th | immigrants, as they were nos captible of put ting up a fence. Witness agreed to give tf; lnnd.to the Government ou condition tba they made "ft good" road, and fenced i But he did not see that the next year he T7a bound,to gire the lino for th- fencing alonx fi^hen he put in his claim ibr £240, the Pre irincial Government rererred him to th; General Government; the General Govf vt, ment inferred him to the Provinoi.il Govern ment, who referred him to tue " Local Government. (Laughter.) The cost of fen< ccing was about a pound a chain. Fit shillings would clear Vhe ditch, but it wour take five years to grow the acacia 3 that wer there. • •

The hearing had not concludid when ou reporter left the Court.

SPECIAL TELEGRAMS.

THE MAlIiiS

TITIS DAY.

[FROM OVU OWtf COBUESPONDEST.] \

ALBION STARTED WORK.

THE CALEDONIAN.—NOTHINGi

NEW".

SHARE MARKET DULL.

- - -GtotA-HAMSTcmj*, 3 p.m. The Albion started work in the Btui shaft, 12 by 7, this morning.

rXh.e New Caledonia, "Waiofabi, Bar o got good* stone. -'

California tribnters have cut reef it I ■•y the deep level. * The Bird-in-Hancl have, started tc| sink on,Graham'^ paddock.;.

• In the Caledonian there is nothings new ; only water iucreasing-rapicny.

1 The market ■is Tory ..fd.olL Caledo- i man, £115 -Thames, £22 ; Honpareiy £6 ; Italian, lOjuT

THE LATEST.

The Bed,-"White, aud Blue crusiiing is just finished, and the result ia only 28 ozg. gold.

The Britannia hare lodged 23 ozs froth 'their last crushing.

FELONIOUS- ASSAULT AT ONEHUNGA.

'.Ghau^es Brinley, a journey?iiau baker, lately working in .'Onehunga, was charged, at t\io Onehunga Resident Magistrate's Court, by ,Bliza Boyd; with assaulliivg her with, a felo nious intent.. The complainant, Eliza Boyd, deposed : I was in service at the Thames/ My laistresa a&d I : came, up to Auckland on Thursday last, and then she: gave me permis sion to Visit my. relatives in Onqhunga.. My age is between-.. 14 and 15 years. Iwalked from Auckland, and reached Ohehungaiabout eight o'clock? and just as I turned the corner from Queen - street towards the Catholic chapel prisoner met and spoke to me, asking me where I was going., He threw a paper parcel which, he was .carrying over a: fence. I. told him X. was :r^oing to. Windsor's, which was very, near, ~Heasked to■: go with me. I said, " ifp." He asked where I came from, arid I told him th« Thames. He then caught hold of me and threw me down. I managed to jgpt}up ; jind screamed out. He then put his hand over my mouth, and laid if I would come d^Wri a littlo further he would giv# me some money. I refused to go with him, "when ha threatened to split my head open with a ging'erbeer bottle he had got ill his pocket. ;This occurred close by where I 'i^i'^i^f^^.lJ.^iil^^rite^So'geTi over the fence into "Windsor's" place". Prisoner then lifted me ug, .under, his" arm, and when I screamed output his liatid on my mouth and carried. m« down the-road lin-l across the rail way-—under a atone'#ftll;r He. then threw me down- and, attempted the felonious assault. Complainant says she" repeatedly tried to scream out, but was prevented by pri soner's hand her mouth. Just then some one passeSfa along the railway, and I managed to call out, "Young man, young man," tvheu the person, came; up, and proved to be Air. Robert Bycroft, and prisoner ran off. It. was a bright,;moonlight .night, and I am certain prisoner was the man, who assaulted ™o- — Robert Bycroft deposed: I was re turning home along the railway about ninb o'clock. [ heard a female voice crying, "Young man." .The voice was rather stifled. I went to the place, and believe complainant was the person I heard calling. I heard some one running away. At first she could hardly speak.—Mr. GKllman deposed to having'heard two screams, which were quickly stopped. He listened, but hearing no more, took no further notice. He v. as in his own garden, about three hundred yards from where com plainant stated she first called out.—Daniel Nielson, a butcher, deposed to supplying pri soner with four pounds of steak on that evening, and wrapprd it up in paper.— Constable Greene, deposed to taking the pri soner into custody, also to finding a parcel of meat, done up in paper, at the spot pointed •out by complainant, whore she said it had been tin-own by prisoner, The prisoner, when arrested, hid in the breast-pocket of his coat a gingiu'beer bottle containing some spirits. When complainant came to him, her lipa were bruised and bleeding, and. she appeared in a very excited state.—Prisoner was fully com mitted for trial.—Sergeant Pardy conduoUd the prosecution.

T I allow* every j genfK ; I a ment |\ . Volu amuJ taker '•*? j incov teer chai 1 Hew mon tha< trim ixiai bett also rnoi tboi eve mv ■ ' at "w St - ' 60 in ai ir f( B* i - ■■■ ■ '^SpsHß ' ■ , ■ ■•..,,■■ ■ ■>- - >i •..■;. ■--■:. -or of the Ef^Mv/Sril. >= &iB S/-3?wf5 ttJJ>tw2twy iV>wj of September!' states " th?;;. :*. tirueiy word' comeS'to us from Mr- ilechi, respecting tbe value anSiiarmlaiS' ness of sawage. as it is used upon Hr. Hopi Breton's farm, Essex." Had all Hr.Mecbi'l letter been given, -without comment (of " timoly word,") I should not hare ftqibled you with ray viewa of what is thtetru* , " timely word" wHicb. comes to us m 'it. Haring by me the latter, as publish||jiE England, I come toil very different coaclnabn to what I should by the misleading and : partial statement of the Evening Sews —for no notice is taken of the fact tliat the BomfoH- :

ites have had alnust to re-construct their j drainage system, s» as to send it tbrougji | 18-inch iron pipes fcr 3J miles, to pufchasei ', right for that purpae in all the properties ft \ passes through to % large reservoir aCtM farm, there to erect and maintain it at tin certain expense of £'00 a-year, an engine to pump it up 25 fee', high, besides constant I repairs, supervision, and other concomitant expenses; and al for the magnificent | yearly sum of twj shillings per headiflf | the 6000 inhabitaits of Romford. Thui, j that which Mr. Mcmi affirms to be wortlife ; per head or Id. per ton, and for the farmer'to lay down pipes at his own cost to convey it to his own Jand, by © doing, the farmer will i have to pay at leastfour times as much as Mr. Hope Breton pays for it at his farm. Itu plain that " value" la a sotnething not under stood by the Ronfordites and by Mrv£: Breton as it is by Mr. Mechi, and it shpula m a caution to us, for \l Mr. Mechi is right, and I have numerous lettets of his in my posses sion showing his calculations which almost would prove Mr. H. Br<ton could afford oeriiij £2000 a year more. Tie Evening News <a»J well wontler, and exclaia "Valuable!" ,I,<to not undervalue the con^nience of making water the means for removing this nuisance, but, sir, there looms in th* future the' alraori certain result of a continuous stream of blact sewage saturating the earth. The taking * 3 £ miles ere a piece of ground fit for the pni* pose, or some other cause, is vt*y significant. There is also the testimony of many scientpo men to the deleterious effects of sewage vrKen exposed on the surface, especully in hot weather. But what if they do B*y?t|urt;?| fhl Eveywig- News states it is harmlta*^ fhff men working in it all day are perfectly healthyi and drink the purified water from Bomford. What a mistake the Romforditea hafvs*£* to give Mr. H. Breton the black »e^Fm, such a cost to themselves. And I tQV"m|i Evening "News, to be true to itself of cImW i as a " timely word" to us, should give »™ public of Auckland a leading article old» harualessness of black sewage in its colulpfc It has only to prove that to allay the gm« anxiety pervading the public mind atftW present time. Mr. Mechi also g^^ another timely word, but it perhaps did not suit the views of the Evening News, He sßj« the question is arising whether the flood and sewage waters of towns should not .be separated, and presumes that it would depfW" upon the nature of the soil to which' il' '*t0 be applied. On the solution of that question, the correct method, and how to do it to the greatest advantage to the ratepayers, depend. Closely connected with that question; « another, whether is earth the proper element to deal with the nuisauce, or is water^ When doctors disagree, who shall decide. " I will," says th© Evening News I—l •n» ) f °-»

Farnell, Oetobw 1,1871.

THE EVENING STAB, mim&SJf-'^W^'^^^ V '871'



DITJ DENDS. JTonpiireil Mu! Lum-in-Parvo

£ s. 0 10 0 1

a. 0 0

DATE. Oct. 5 Oct. 5

CALLS. Brighton BTiLDeBperanduru • Golden Harp • ... Coronet.., ... . ... . Yenus .., ... ... Bright Smile Lowland Lasa "West Coast:... ... Scandinavian Bird-in-Hand ....

0 '3 0 2 0 0 0 2 0 3 0 1 0 0 0 1 0 0 0 1

0 0 •; 2 0 0 0 6 0 3 0

Oct. 3 Oct. 4 Oct. 6 Oct. 7 Oct. 14 Oct. 14 Oct. 14 Oct. 14 Oct. 18 Oct. 20



AMUSEMENTS, MEETINGS, &o. This Evening. Excelsior Minstreis, City Hall, 8. Prince of Wales Theatre, 8 o'clock;



A N EXHIBITION of CHEOTO- J\_ LITHOGIIAPHS Will be opened THIS DAY, October 2nd, in the Shop lately occupied by Mr. Canning, ihShortland street. Open from 10 to 4. -.. '" i, . Free tickets for admission on application to EDWD. WAYTE, Queen-street.