SHIPPING INTELLIGENCE.

PORT OF AUCKLAND.

SUNSET : This evening, 5.34. HIGH WATER: This evening, 0.50.

STEAMER TO THE THAMES.

Enterprise No. 2, 11 o'clock this evening. >

ARRIVALS.

Australia, brig, from Sydney. Clyde, schooner, Anderson, from Wangarei. I Cambria, schooner, McKenzie, from Waiupu. Jessie, schooner, for Waiupu. Alarm, cutter, Seymour, from Mangawai. Dantzic, schooner, McKinnon, from Ngururu. Fortune, schooner, Parker, from Bay of Plenty. Heather Bell, cutter, Dam, from Mahurangi.

DEPARTURES.

Duke of Edinburgh, p.s., Farquhar, from Russell. Flora Macdonald, cutter, Kenny, for Baglan.

IMPORTS.

Per brig Australia, from Sydney :—59 J-chests tea, 57 cases wine, 14". boxes tea, 100 bags rice, 18 drays, J. S. Macfarlane ; 20 hhds beer, 10 mats sugar, 17-18 do, Eastard ; 2 casks treacle, 3 cases, 253 bags maize, 1 parcel, 31 bags bone dust, 40 kegs butter, order; 11 cases biscuit, 1 case machinery, Jl case cards, 40 gunnies sugar, L. D. Nathan and Co. ; 40 cases geneva, H. S. Meyers ; 100 boxe3 candles, Owen and Graham ; 1 case saddles, 1 Combes and Daldy; 5 nests tubs, 2 boxes tacks, P. A. Philips : 1 bag seed, Lipscombe ; 1 case, S. Brown ;10 loj?s timber, Stone Brothers; 1 case fruit, McArthur aud Co. ; 0 cases chairs, G. E. Reid ; 50 kegs blasting powder, 1 saddle, Montague ; 10 cases [acids, 17 cases, W. Keesing : G drays, T. Belcher; 150 bags bone dust, Hurst and Co. ; 207 bags do, J. and J. Soppett; 30 tierces beef, 7 barrels pork, S. Jones. —J. S. Macfarlane, agent. The cutter Flora Macdonald left Onehunga wharf this morning for Raglan with a generf.l cargo and four passengers. Tho schooner Fortune, from tho Bay of Plenty, brings 220 bags wheat, consigned to J. S. Macfarlane.

POST OFFICE, SHORTLAND-STREET.

Mails will Close as Under For Thames, this day, at 5.30 p.m. ; and to-morrow. at 10.30 a.m. For Tairua, per Janet Grey, this day, at 4 p.m. 3 For'Mahurangi, Matakana, Mangawai, etc., per Lady Bowen, to-morrow, at 10 a.m. For Kapanga, etc., per Royal Alfred, to-morrow, at 9 a. m. For Taranaki, Wanganui, and Wellington, per Go ahead, to-morrow, at 11 a.m. For Fiji, per Prima Donna, to-morrow, at 3 p.m. For Newcastle, N.S.AV., per Stranger, on Monday, 15th instant, at 9 a.m. For Fiji, per Sea Gull, on Monday, 15th instant, at 10 a.m. For Russell, Wangaroa, and Mongonui, per Come rang, on Monday, 15th instant, at 3 p.m. Per p.s. Nevada, on Thursday, ISth inst., as follows— For Sandwich Islands, British Columbia, United States of America, British, Central, and South America, British and Foreign West Indies, and Con tinent of Europe via England at 10.30 a.m. For United Kingdom, via San Francisco, at 10.30 a.m. 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 Gd in addition to the postage, will be received here tin 11 a.m., and by the mail agent on board the steamer up to time of sail ing. S. B. Biss. Postmaster.

The Evening Star: WITH WHICH ARE INCORPORATED The Evening News and the Morning News

FRIDAY, APRIL 12, 1872.

w i For the cause that lacks assistance, For the wrong that needs resistance, For the future in the distance, And the good that vee can do."

In order to gratify the public curiosity respecting the defence set up by Cyrus Haley, we publish in full, from short hand notes, the prisoner's address made this morning to the Jury. In consequence of pressure on our columns we are obliged to hold over a leading article, a considerable amount of local intelligence, and much correspondence. Last evening, and for some evenings before, we printed 2,700 papers each issue; but the sup ply for the demand has not been suffi cient. This day 'we shall publish 3,000, and a second edition if neces sary on the first being exhausted.

We have received a letter from the local agency of Greville's Company fully explaining the error in the telegrams as published in tho Thames papers. It appears that the message, as sent, stated that Mr.JNorman had " dropped dead," which was misread as "drowned." The improvements to the City Hall are proceeding on a grand scale, and reflect great credit nob only on the proprietors for institu ting them, bub also on the artistes engaged in the work (Messrs, Calder and Co.) The ceiling has been painted to represent the "blue ethereal sky and spangled heavens." A beautiful cornice has been erected, and is superbly decorated with white and gold, which contrast favourably with tho ceiling. The walls have been elaborately panelled and painted by a talented scenio artisb, and contains some most beaubiful views of scenery in a tropical climate.composed of both table land, with mountains in the distance and water dotted here and there with shipping, the whole encircled in some equisite foliage. When completed the City Hall will be worthy of a visit to view the works of art around its walls. The expense of these decorations must havo been considerable, but we venture to predict that the cheerful aspect of the hall will form an at traction in itself towards drawing an audience to any entertainment provided thero in future. It will, without doubt, be tho finest hall in New Zealand. As soon as the arrangements are completed, a grand opening concert will take place under the management of our popular local celebrities, Mr. and Madame Winter, full notice of which will appear in clnw couine.

Tenders are required for certain works on the Remuera Highway District. Messrs. R, H. Harrison & Co. have opened a livery and bait stables at Coromandel. The second quarter of the Newton academy, conducted by Mr. Watkin J. Edwards, CM., will commence on Monday, the 22nd instant. The Auckland Gas Company are desirous of introducing an oil manufactured from kauri gum. Samples may be seen at the office of the Company, in Queen street. The brig Australia, which arrived in harbour last night from Sydney, has brought the Auckland portion of the Suez mail. She brings one day's later news from Australia. The Inspector of Nuisance offers a reward of one pound for such information as will lead to tho conviction of persons throwing rubbish or offensive matter on any part of tho Alton road. Tho Auckland Alliance for the suppression of tho liquor traffic are very actively engaged iv a house to house canvass for the purpose of obtaining signatures to their petition?. They appear to be succeeding beyond their expecta tions. Last evening at the Prince of Wales Theatre Mr. I. P. KJeogh took his benefit, and there was a very fair house. The sensation drama of " Gitanilla, or the Children of the Zincali" was produced for the first time in Auckland. The capital manner in which tho piece is mounted deserves mention, a good deal of the new scenery being painted for the purpose. The principal characters in the cast, all of which deserve high commendation, were— Lord Clifford, Mr. JB. N. Jones ; Mr. Brown, Mr. Walter Hill ,• Nina, Mrs. B. JN. Jones; Lady Emily, Mrs. JEJeagh ; Juan (a child), Miss May Hill (a natural aud exceedingly clever impersonation) ; Bcndito, Mr. Joyce ; Pedro, Mr. JKJeogh ; and last but not least, Camilla, Mrs. Walter Hill. The play is capitally acted, and is well worth seeing. It met with a warm reception. A brisk and piquante farce concluded the performance. The same programme will bo repeated this this evening. The Royal, Victoria, and Hobson Com panies and Cadets, mustered last evening in the Drill-shed for battalion drill. There was a good muster, and the men performed the various evolutions in a highly creditable manner.

COROMANDEL.

(FBO3I OUR OWN CORRESPONDENT.) Thursday April 11. The Trig Hill company got out very rich specimens yesterday. They are reported to be as rich as those from the JBismark and French Eepublic.

The Tokatea reef at the low level has improved very much the last two days, and carries a great deal of gold.

The Bismarck is again taking out gold.

RESIDENT MAGISTRATE'S COURT.

THIS DAY

Beforo Thomas Beckham, Esq., Resident Magistrate. The usual weekly sitting of this Court for the recovery of small debts was held this morning. The cause list contained sixteen plaints. Several of these were withdrawn, and the remainder disposed of as follows : — Judgments, mullally t. brady. Claim £17, for work done. Mr. W. H. EJiseling for plaintiff; Mr J. B. Russell (for Mr. Rees) for defendant. His Honor gavejudgment in this case, and did not consider that the claim had been substantiated by tho evidence. A nonsuit was consequently accepted. JOHNSON V. WARNER. Claim £20, for trespass. Mr. MacCormick for plaintiff j Mr. Hesketh for defendant. Judgment was given for the defendant in this case. Adjournments. Burton v. Rico, Giles v. Trimmer, Harris v. Bewicke, Johnson v. Borthwick till next Courb day. Undefended Cases, pritciiard v. father. Mr. W. H. EJissling for plainbiff. Claim £8 5s Id for balance of account in tho absence of the defendent; the debt was proved in the usual way, and judgment given for plaintiff with costs. BEEDELL & CO. V. SYMONDS. Mr. MacCormick for plaintiff. Claim, £1 12s. for goods supplied. Tho claim was justified by a clerk of tho plaintiff's, and judgment given accordingly, with costs against the defendant. Defended Causes, ogilvie v. campbell. This was a claim for £10 for damages arising out of a scrip transaction. Mr. Hesketh appeared for the plaintiff, and Mr. J. B. Russell for the defendant. The case was a complicated one in conse quence of the name of the company having been misrepresented as the Maclsaac's Gold Mining Company instead of the Maclsaac's Gold Mining and Quartz Crushing Company, Legal technicalities aud objections were raised at every stage. The litigants were formerly partners, and this claim constitnted a liability settled by the plaintiff on the defendant's behalf, which he now sought to recover. Half the amount was stated to have been offered and refused. Tho defendant had been sub pajnod, but did nob answer to his name when called in consequence of no conducb money being tendered with tho. subpoena. The plaintiff was examined, and proved having transferred tho twenty shares in question to the defendant, and had since been inserted in the schedule as a contributor because the transfo" had not been registered.—Judgment deferred.

Pour defended cases remained for disposal when our reporter left.

POLICE COURT.

THIS DAY.

(Before Dr. J. R. Nicholson and T. Ritchie, Esq., J.P.s.) PERILS BY LAND.

E. Rcilly, for neglecting to koep a light burning over an excavation in Symond stroet, was fined in tho mitigated ponalty of 20s. and costs.

Georgo Winßtono for omitting to keep a light burning over tho door of his public-houso was fined 40s. and costs.

plying job hire off tub stand. Several chargos against cabmen for standing or plying for hiro off tho stand without liconso wore all adjourned until tho afternoon at tho roguest of the police.

SUPREME COURT.

CRIMINAL SESSIONS.

YESTERDAY—CONTINUED

(Before His Honor Sir George A. Arney, Chief

Justice, and a Common Jury.)

THE TRIAL OP

CYRUS HALEY. SHOOTING- WITH INTENT TO KILL

Detective Jeffrey, sworn, gave evidence of going to the Pa, and examining tho place. JEIe had never seen either bullets or revolver of the description of the kind produced. He had gone to tho various gunsmiths in town, to the the man-of-war then in harbour, and to the mail boat Nebraska, without finding either bullets or pistols at all like those in Court. The day beforo the trial at the lower Court ■witness heai'd Haley tell his wife that ho was very sorry she had engaged a solicitor, as he ! ■was sure of being imprisoned for a great number of years, and that she would require the money herself. Prisoner also said he would enquire of Mrs. Colclough, aud ask her advice as to what was best to he done ; a day or two afterwards Mrs. Colclough saw him, and in reply to his questions advised him to send bis wife away. Witness was narrowly cross-examined by prisoner. To Mr. JBrookfield: Generally speaking prisoner was dressed in a neat and tidy manner, and not in the style he is now. Sergeant Pardy deposed to what had been said by prisoner to him, who spoke a3 follows —" I am sorry I did not do for Tom Russell; he ruined the whole of those Caledonians; I've lost £3000 within the last throe months. My wife and children arc starving." He also said, " I am sorry I did not shoot one of them, and then I should have been hung. If they had all been of my mind when Tom Russell closed the books of the Caledonian Company I would have broken into the office and taken the books away. He also stated there were others engaged with him ; he made reference to other things not connected with this case. He said to me and the two constables present, " I wish it had been one of you fellows who arretted me instead of Broham and got the credit of it, as he belongs to the big fellows." That was all prisoner said on this subject. Cross-examined by prisoner : You were excited ; very much. It was not a conversa tion, however, as I did not answer you. I did say I would not hurt you, only wanted to get you in safe custody, and if you went quietly I would treat you kindly. I was iv charge of the station generally at that time ; the watch house keeper was in direct charge. He was answerable to me, and I to Inspector Rroham. ' [Witness made answers to various questions about Haley's hats.] When you were using I ho threats about Mr. Russell jou said others were engaged in the affair besides yourself. You said you were captain of a gang of fifty. I think I said so in course of eross-examiuation by Mr. MacCormick, your solicitor, on a pre vious occasion. Thero was nothing rambling about what you said that night, but you seemed most determined. I thought you were exaggerating about fifty men. I believo you said it in sincerity as far as you were con cerned, but could not say whether you wore telling the truth or not. In the cell you put on an excitement whenever any one other than a policeman went in. Think it was all ! put on, as you talked to me quite rationally whenever I went in. This witness was re-examined by Mr. "JBrookfield. Charles Williamson deposed to the receipt of tho letter sent to the Southern Cross. Before the mid-day adjournment the prosecu tion on behalf of the Crown was concluded. The articles mentioned during the examina tion of witnesses wero transferred from the care of the police to that of the Registrar of the Court. The Court resumed at 2 o'clock, when the case for the defem o was called on. His Honor, addressing prisoner, said his best plan would bo to address the jury, then call witnesses, and again address the jury on the whole case. Prisoner : Am I allowed to call my wife, your Honor ? His Honor : JNo, tho law does not allow that. Prisoner called Mrs. Russell. The Crown Prosecutor stated that Mrs. Russell had not been subpoenaed : but that Mr. Russell had gone for her in the moan time. In the meantime the Governor of tho Gaol was called. He deposed as to certain docu ments written by prisoner in gaol, and to the inside discipline of that establishment. Prisoner did not deny having received these documents, but complained that it was not before they had been looked over by the pro secution. Witness to Mr. Brookfield : Those docu ments had nothing whatever to do with tbe present case of shooting at Mr. Russell. His Honor said the threatening letter must be placed before tho Court if it were now referred to. Mr. JBrookfield pointed out where reference was made to tho letter in question in Mr. Thos. Russell's cross-examination. His Honor remarked upon tho damaging nature of that document, and expressed his surprise that it had not been made more of by tho prosecution in instructing tho grand jury. ' The question was again put to witness, and answered by him in the negative. Emeline Russell, wifo of Thomas Russell, now being present, was sworn : In reply to questions by Haley she said the blinds were let down at dark. I did not know then when the servants retired, bub have heard since they retired between eleven and twelve ; I retired about half»past ten. Was asleep previous to tho disturbance taking place. Don't exactly know what awoke mo, but I was in possession of all my senses. Tno moment I woke I heard tho voice saying " Open the door !" Did not then notice the time ; but should think it between twelve and half-past one. The disturbanco took place after I heard those words uttered. . Prisoner asked no further questions. Mr. JBrookfield cross-examined at some length. To a juryman : 'The voice that spoko to mo was a very keen one, compared with the voice of prisoner at the bar. G. M. Reed was next called. The evidence was immaterial, since prisoner was advised that conversations could not be taken as evidence. As indirect testimony witness said he had known Haley for about fifteen months' meeting him on business in connec tion with tho Exchange Reading-rooms, and had not heard him uso any vindictive expres sions respecting Mr. Russell. Captain Robert Thompson made answor as follows :—I have known you (Haley) about 12 months. I was presont at the Caledonian Company meeting, and saw you there; sat alongsido you. I noticed no exhibition of temper whatovor, nor animosity towards any one in tho room. You did not speak at all publicly; you spoko to me several times. JNovor havo known you to have any malicious temper or expression towards Mr. Thomes Russoll. I think I saw you daily, with tho exception of about five or Bix wcoks, when you woro seriously ill —at tho poiufc of danger.

To the Crown Prosecutor : Have nob been in attendance in the Court for the last three or four days. At the Caledonian meeting there might be animosity shown, but not towards Mr. Russell, —towards the directors, objection being taken to the honorarium to tbe directors. ; Mr. C. J. Stone, chairman, Mr. Russell, and Mr. Bowe, the mining manager, wore on the platform, but I do not l'ecollect that any one else was. The whole burden of tho question of honorarium was not borne alone by Mr. Russell, as some in the body of the hall were on the same side. Haley did not rise and make use of threat by either word or gesture. Wo nil rose en masse, and went to the door. Mr. Beaton and Mr. Atkin were amongst the number. They were against the honorarium. Couldn't swear that Haley did not rise ; but £ know he didn't rise with any intention of leaving the meeting. Ho did not rise to leave tbe room. If any other witness had sworn to that I couldn't contradict, as I do not recollect. I remember Haley saying, " How much I regret the fire, it has prevented me the honor of ." [Witness here lowered his voice, and the rest of his sentouco could not be beard further than the box.] Arthur Swete deposed that he had known Haley about eighteen months, and had never hoard him express any ill-feeling towards Mr. Thomas Russoll—never heard him discuss his name at all. Henry Reynolds, James Avery, and James Rcid each testified to their not having heard expressions of malice or ill-feeling towards Mr. Thomas Russell from prisoner. Jano Ross deposed : Por about two months I was living with Mrs. Haley; left on Christ mas night. On your (Haley's) return homo from business you always took off your busi ness clothes. When you went out of town you were in the habit of wearing a white shirt. It was customary for you to tike that off also. You always wore a chest comforter ; think that is the one you have on. It is ap» parently a fur. [Prisoner removed it, and it was handed to witness.] That's the same one—tho ono you woro. JEfavo seen you wear that coat before, but not the waistcoat; the trousers you were in tho habit of putting on after business were plaid. Mary Falkoner : I remember tho time you were apprehended ; at that time I used to go to Mrs. Haley's ovcry morning and go away in tho evening, and did so on tho day you were apprehended. I wa3 with Mrs. Haley every day for about four weeks previous to that day, and havo remained with her since. You used to change your dress every evening ; you always woro chest-preserver grey fur, lined with grey flannel. Could tell it if I should see it; that (produced) is it. You used generally speaking to put on a pair of plaid trowsers. I frequently when passing have seen you pacing the verandah late at nights. 1 remember reading the newspaper, don't know which, of tho fact of a depredation at Mr. Russell's house at Onehunga. At tho time of that account I noticed nothing in your house out of tho usual course —nothing to lead me to suppose you had been out of the house, although I was in the habit of going all over the bouse, bed rocm, sitting room, and kitchen. Remember Detectives Jeffreys and Ternaham coming up to the houso iv the afternoon ; saw them take away a hat covered with white alpaca, covered over with a piece of muslin, with what is a "puggory ;" could tell tho samo hat if it wero covered with muslin ; if not, could tell if it was like it. (Hat produced.) That's like tho hat. The guns used to be kept suspended from nails in strings ; dou't know where you kept the revolvers. Prisoner had no furlher evidence to pro luce. The jury, through their foreman, wished, if possible, to finish tho proceedings that evening. In answer thereto hi 3 Honor said tho case was of too inueh importance for him to sum up to-night, and if it were not for the fact of the jury having to bo locked up he would havo no hesitation whatever in adjourning tho whole case till the next day. The jury altered their minds, and Mr. Brookfield having made reply, the Court rose, it being then four o'clock.

THIS DAY—FRIDAY. PRISONER'S ADDRESS TO THE JURY.

The Court opened this morning at ten o'clock, whon his Honor the Chief Justice took his scat on the bench.

Tho Court was not so crowded at the opening as on previous days, but as the morn ing advanced tho usual interest in the pro ceedings wa3 manifested by a large attendance of the public and of a considerable number of ladies in the gallery. Tho prisoner was placed in the dock a few minutes after ten o'clock. As this was the first occasion upon which any explanation was offered by the prisoner of the extraordinary circumstances which surround the charges made against him, a good deal of curiosity was manifested to hear what he had to say in his defence. The moment the judge addressed him there was absolute silence in tho Court. Hi 3 Honor (addressing the prisoner) : It is now your privilege, if your please, to address the jury in your dofence. Prisoner: Can I make use of testimonials or references your Honor- His Honor: Not at present; you must now address the jury if you wish to offer anything in your defence. The prisoner (turning to the jui'y), gentle men of the jury : In looking at the indictment I find that I am charged with having com mitted certain offences upon tho 22nd of January last; but also looking over the evidence adduced in support of that indict ment we have no proof that such offences as those with which I am charged were ever committed on that date. On the contrary, it would appear that thoy woro committed on another day. His Honor: I must inform you, prisoner, that is a point that is not important. Prisoner: Such being tho case I will pro ceed to make a few remarks on tho case as it has been presented to the jury. His Honor : You may make remarks upon any part of tho case—on the discrepancies of dato undoubtedly if you please. Prisoner : First of all I will draw your at tention, gentlemen of the jury, to the position I was in at the time when this act (shooting with intent) is said to have been committed. I was living with my family, with only one person —Mrs. Faulkner —assiting my wife in the domestic duties of the house. That being the case I could have no evidence to bring forward, seeing that the testimony of my wife will not be admitted in my favor. (Mrs. Haley was walking along one of tho passages, and the door being open she stood to look at the prisoner, who, seeing her, manifested a slight nervousness, but he almost immediately recovered his self-posses sion.) I could not bring her forward to speak as to my whereabouts oa this particular night ; therefore I am unfortunately dependent upon the evidence got up by tho prosecution. I havo beon the wholo of the time since the occurrence in gaol, with very little opportunity for getting up any dofence to meet these serious charges brought against me. And, while getting up my defence, you must also have heard from tho witnesses for the prosecution that the various documents and papers which were necessary that I should have were handed over to the prosecutor.

His Honor; We don't know tho contents

of those documents which you refer to, and tho contents of a documents cannot be men tioned unless the document itself has been produced.

Prisoner : Those to which I refer were re quired for my defence.

His Honor: You say so ; the other gentle men say they were necessary for the prosecu« tion. They were in Court, and handed to you, and you might have made what use you pleased of them ia support of your defence. Ido not wish to interrupt you, prisoner, or to delay you, but I must again tell you that you can not go into the contents of written documents unless you produce them.

Prisoner: But your Honor it materially in terfered with my defence. I considor it was most unfair towards me. I feel somewhat nervous, and can scarcely connect my thoughts even though this opportunity is allowed me. But looking at this charge what must first strike you, gentlemen of the jury. Here is a man in good apparently well ofl^ with his family around him, and respectably situated. He is charged with committing such an of fence as this, for which he must havo known, if found guilty he must undergo a long term of punishment. Would he not if be were in his right senses have asked himself what the consequences would be ? And if he entertained any thought of such a crime must there not have been some very strong motive to induce him to do so. And you, gentlemonpf the jury, will also enquire for that motive. The pro secution have endeavoured to fiud out a motive. I ask you whether you think they havo succeeded. Do you believe that any motive has been shown —any such motive as would induce a person in the position I then was to commit such an offence ? And what are those motives ? What aro the causes which the prosecution urge as having induced mc to commit such an offence ; that should make mo do such an act as that ? Pirst of all it is stated that I had animosity towards Mr. Thomas Russell. It is stated that I had animosity against him on account of the Insurance Company's building. But they don't bring anybody but himself to say that 1 showed angry feeling towards him on that account. Mr. Russell said myself and my agent applied to him, and pressed him in respect of the lease of the building, and because it was refused thab 1 showed anger.

Mr. Brookfield: Mr. Russell did not say so

Prisoner: But he withdrew the word "agent." Tho only agent I had was Mr. Ashton, who conducted all along tho business connected with the leaso, aud they could have placed him in tho witness box if they had chosen. I was prepared to bring that gentle man forward to say whether in any communi cations I had shown animosity to Mr. Russell. When Mr. Russell comes into this Court he qualifies the word "ageut"; in fact he shuffles. He says instead, " some of your frionds," " this person," or the " other person." I call that shuffling to get out of it. He explains his meaning in this way : Ho said it might even be the clerk of the company of which he himself was a director. Mr. Russell further stated in bis evidence that I showed anger towards himself personally at the Caledonian moeting. They pressed very hard on that point when ho wa3 in the witnoss box, as yoa. might have seen. This was a most peculiar construc tion to put on tho conduct of a man at a public meeting. Mr. Russell was chairman of that meeting. It was a meeting of a com p:\ny, the property of which belonged to the individuals present. The business related to tbe property of tho shareholders. It turned out that I merely " looked" at Mr. Russell, Who else was 1 to look at ? He was there to bo looked at. If any person woro to disapprove of what was done at that meeting 1 would ask you a3 reasonable men whether you would attributo to him personal animosity, 3uch animosity as would induce him to commit such a desperate act as that with which I am charged. But let mo go further than this. There is evidence to prove that nothing was said about Mr. Russell; that no act which Mr. Russell alleges to have been done was done. He does not say that I said anything, but simply that I " looked at him." He was chairman of the meeting. V/as it likely that at a public meeting where there wero hundreds of persons I should have so exposed mysolf by exhi biting personal animosity towards an individual. I submit that if you think any thing of that nobody is safe in going to a public meeting. Any one of you by looking at the judge might be accused of tho same thing —personal animosity towards his Honor! No person is safe in going to meetings such a3 that to discuss matters relating to his own property. I, therefore, do not see how you can come to the conclusion that I showed any animosity to Mr. Russell there. Then I am accused of showing animosity to Mr. Russell in tho "lock-up." How was that shown? He says it was shown "by looks," and by the expression used by me that he (Mr. Russell) would havo to " give up that gold." You have heard my conduct narratod from tho time of my arrest up to several days afterwards. Thero is no doubt I was in a very excited state. I will ask you to con sider whether that excitement did not amount almost to irresponsibility. Do you think that a man in his senses would have made use of such utterances as that at that time, —crying " Will you give up that gold." " Gold is not undor the haystack. " The gold is not in the house." —Talking that way at random about being a captain of a band of " fifty, or that " I was sorry I did nob do for Tom Russell." This is a police expression mind you. Had I been in. my senses I must have known bhe inconsistency of this proceeding; I must have read in the papers as well as everybody else what had happened at Mr. Russell's. I ask you if any sensible man would bo likoly to make such speeches in such a situation, and thus expressing the mind of tho person uttering them. Surely no sensible man could construe such "insano expressions" and "random " utterances as the true meaning of the person who uttered them. Mr. Russell takes them as malicious and ■

His Honor : No, he did not say so. He said that tho actions accompanying the words he took to imply their meaning throughout: Mr. Brookfield : And tho accents upon tho words also.

His Honor: I do not, prisoner, interrupt you superfluously, but it is necessary that in putting any part of the evidence beforo the jury you do so correctly.

Prisoner : All I wish your Honor is to get at the truth. Throughout I have endeavoured to do that. Thab is all 1 wanb.

His Honor : I hope the prosecution will not lay upon mo the ungracious task of in terrupting the prisoner. It is their privilege, and I believe their duty, when any incorrect statment is given to the jury to object.

Prisoner : I have only endeavoured to get at the truth whether for or against me. I have no wish that the slightest word of the truth should be omitted. It now strikes me that Mr. Russell did say that it was by the action accompanying the words that he inter preted my meaning. But I will again draw your attention to the excitement I was in. I would probably have said the same thing when speaking to anybody—the greatest stranger. Excitement is natural to me, but I was then under a very much more intense degree of it than is usual with mo. Suroly my feeling towards Mr. liussoll ought to bo judged of when they wor» manifested under somewhat different ciroumstances. Whab had bcon my conducb towards him when meeting

him in the street —when conversing with him. I have never either insulted him or threatened him, or anything of the kind. Surely those instances that have been mentioned cannot be put down against me as proving that I had any animosity against him. What then coulol havo induced a person in my position to have committed such an offence—what motive has been shown for it. I must go now to the letter' that has been brought forward —a letter written last year, I believe in January, 1871. JNow it is endeavoured by the pro secution to father that letter upon me. I will only ask you as gentlemen of judgment to judge whether you think that is my writing. But wo will go on to the contents of the letter. It states that certain men ai'e going to destroy certain property — that property to a large amount would be de stroyed, and one thing or other in such random statement. I will first ask you to consider whether or not that letter was written as a mere hoax. If you take it as such let it pass as such. But if you take it a3 written in a bona fide manner, then I submit you must examine its contents in evory point ; take it as it expresses itself, and see whether the in- k tention of it has been carried out. There have been fires in Auckland, and will be again. The letter states that certain acts are going to be done in that year, that is 1871. I will ask you whether these bhings which it states have taken taken place. See whether such a letter bears upon it the impress of truth. We all know that 1871 pissed away without these things having been done; They would ask you to take it throughout as a threat against Mr. Russell by whomsoever written, but I will ask your parti"ular attention to the letter to see whether the authorship of it can be imputed to me. But I would now tvish to make some remarks upon the conduct of the police in this matter. I would ask you to view their conduct in this affair with very great caution. It is well known, and has been commented upon in England, that for many years the '"committances" (sic) upon any great offence have been got up by the police. The police make out their own idea of a thing, and will follow out that idea per sistently to suit their own view. That view and that object is to securo a conviction. If they get hold of a person they will try to bring the chai'ge home. It is against them if they havearrested a person and it turns out that the crime charged was committed by some one else. Wbat was the conduct of Mr. Broham in the first instance when arresting me. He 3tutes that immediately after he caught hold of mo he expressed himself in effect, " You are the author of all the depredations that have been committed in Auckland for 18 months." There he shows his opinion, and ho tries to fellow it up in the manner described. Did he deal fairly and honestly by me. I say " no." He brings these bullets and ammunition and arms of all sizes to the Court, numbering them powder, &c. All that sounds by so much powder, so many rounds of ammunition, so many guns and revolvers. It looked a3 if he had got hold of tho greatest desperado in the world. He did not come honestly and straightforwardly and say, " I have found certain fire-arms." He did not say there was no concealment. Not at all. He omits this fact. What is the object ? The object was to give a bad impression towards myself. It could be for no other object. Even when he had been desired to produce certain docu ment which would have explained away all these things he did not do so. Where the document got to he did not know. Ho could have told you that I had those things openly. I had used these things all my life, There was no concoalment —no secrecy about these things. They wero hanging up over the fireplace, where all might see them. I admit I got tho revolver from Mr. Blun der), but I did not go to him for it; it was forced on me by him. I did not try to get it auytime, but it wa3 pressed on me to help him. And what was the conduct of Mr. Broham in tho Police Court ? Ho knew I had been seriously wounded. He did not take tho trouble to come and see mo, although he wa3 told that tho excitement lasted all the following day. But we have heard enough of the Polico to know that there never was yet a serious crimo of which a man was found guilty that the police would not say " I am glad I have done for him," or if acquitted, "I am sorry I did not do for him," as the case might be. It certainly ha 3 never been my habit to use such language. And now what is the conduct of the Inspector of Police with respect to identity. I will ask you to view this evidence with suspicion. For instai:c?, when I am arrested I have a certain dress on ; the dress you have seen. A short time prior to my identification by Miss O'JKeefe Mr. Bro ham gets from her an exact description of the man who appeared at her house on the clay in que3tion. That hat camo from my house certainly. It was not an uncommon hat. You might pick up such a one in any shop. However, it is got from my house. It suited his purpose. But he did not leave it in the same state in which ho got it. It had a puggaree on. Mr. Broham in the box hesitated about admitting that it had a puggaree on when ho got it. Detective Ternahau admitted that it had a puggaree on. But what did Mr. Broham do with the hat ? When he had divested it of the pug garee it is placed upon me. JNow it was certainly not sworn to by Miss O'JKeefe. She said it was like the hat I—-(The prisoner here stopped short, evidently perceiving the effect that a continuance of the sentence in its regular sequence must have. In one or two other instances he felt, himself in a similar difficulty.) When I am brought to be identified I must have on that very hat. In this particular I think you should view the evidence with very great suspicion. What do you think of that; was it straightforward work ? Might not tho condition of the folds of the puggaree have shown whether it was worn on bhe nighb in question. Would you nob have thought they would have examined it for this purpose —to see whother or not it had been taken off. When you see suoh conduct should you nob have a doubt about tho wholo affah\ Mr. Russell did not see me, yet he was brought to identify me. Mr. Broham himself knew me very well. Mr. Russell swore that he never spoke to his son al out the address of the man, yet he Game^up to identify. His Honor : I think he said that he had previously had a minute description of the person who fired the shot.

Prisoner : I would now like to ask with respect to intent. Let us suppose he wenb to commit murder, would he have fired the remaining chambers of tho first shob againsb the wall of the house. If there was an inten tion to murder Master Russell might not the person have fired the whole charge at him. With respect to the identification of the am munition that came out of Mr. Russell's bouse, there was nothing whatever to show that it was any part or parcel of that which came out of my house. Thero were thousands of such things every where. These things arc all machine made. One was as like another as two new half crowns were like. My wife cannot be called to give important evidence, which she might givo in my favor. It is not tho interest of the prosecution to bring forward this evidence. They went to the Blanohe for arms like thoso ; to a ship which had been in commission some three years. What they got might be similar or dissimilar—that proved nothing. I would like to say a few words as to the time when

Miss O'EJeefo and Master T. H. Russell saw the man. It was moonlight. Master Russell must have been greatly alarmed. Mis 3 O'JKeefe said the man had something like a Crimean shirt. Miss O'Keefe was within two feet of him, and rnusb have been able to describe the woollen material work over the shirt. Master Ru3sell only saw the man's side face, and being alarmed could not speak positively. I do not say that eibhr*"7 spoke otherwise than what they believed to ."§* true. There was no positive evidencejVf identification, although one of the witnesses at least could have spoken to an article of dress which would have been a test of the identifi cation. Gentlemen of the jury,—l will ask you to consider tho state of excitement in which I was when at the police station. My wife not being able to give evidence I am unable to explain much that would clear a great deal of the matter up. I ask you to look with suspicion on the evidence of the police, whose business it is to secure a convic tion. The prosecutor never saw me at all throughout these proceedings. I will caution you against the evidence of identification as being extremely vague and j uncertain. As to the identity of the ammu» \ nition and arms I will ask you to say that it cannot be established. As to the intent, if there was any such, thero was no diffisulty iv carrying it out. I feel somewhat nervous and have not been able to lay my case before you with greater force. I ask you to consider that I have not had the means of getting up a defence ; that tho only person who could give evidence in my favor cannot be called. I will now leave my casein your hands.

The address lasted an hour and a-quaiter, and was listened to throughout with the greatest attention. The general impression of it was that it contained some very serious admissions.

Mr. Brookfield addressed the jury on behalf of the prosecution. The Chief Justice commenced summoning up at half-past eleven, and closed at 3 30 p.m., when the jury retired to consider their verdict.

TELEGRAPHIC.

SPECIAL TO THE STAR.

(FEOM OUE OWN COEHESPOISrDENT.)

GKRAHAMSTOWN

Friday, 3 p.m

The All JNations liave taken out this morning 40 lbs specimens from JNo. 3 stope. They have now 3 cwt. in hand. The Otage has commenced driving on JNo. 2 reef. The engineer expects he will get the gold run towards the Central Italy. The George Stepken3on has com menced a crushing; of 130 tons.

Departure of the Luna for Auckland.

Lnndon and Whitaker Claims.

A Man thrown from his Horse

and Killed.

Uev. Nelson and Hugh Carle-

ton Graduated.

The Christchurch Meeting,

Prizes to be presented on

Friday.

CHEISTCHURCH.

Friday, 9.30 a.m, ALL COilEßs' HATCH.

There were nearly seventy entries for the All Comers' Match. The ranges for the first set were 100 and 200 yards, five shots at each range.

Cowie, of Otago, won the first prize of £16,] scoring 37 points out of a possible 40.

The second prize was won by JDuncan of Wanganui, with a score of 36 points.

The third prize was won by McKerrill, a Wimbledon shot.

In the 2nd set, at 500 aud 600 yards, the first p>rize was won by McKerrill with a magnificent score of 38 points. He made nine bull's-eyer, and one outer.

The performance at the theatre on Wednesday was patronised by the staff officers aud representative; large audience.

The Representatives' ball came off last night.

Ou Friday (this) evening the dinner will be given to Major Wilson. The prizes will be presented to-morrow by Mrs liolleston.

NAPIER.

Friday morning

The p.s. Luna leaves to-day for Tau ranga and Auckland with tho Defence Minister, the Hon. D. McLean.

WELLINGTON.

Friday morning.

Judge Johnston, as Commissioner, com menced yesterday the enquiry into Lun don and Whitaker's claims.

The Council of the New Zealand Uni versity in session conferred the degree of M. A. on the Rev. C. M. Nelson of Auck. land, and JB.A. on Mr. Hugh Carleton. The Council has altered the age for candidates for scholarships from 16 to 15 years, and extended their notice of in tention to compile (?) till the 30th April.

McCowau, a labourer, at Wairarapa, has been thrown from his horse and killed.

Serious complaints have been made to us of the conduct of rude boys in certain localities towards little girls. We would remind them that through publicity given by us of a recent outrage the offender was tractf r duly sentenced to two months' hard labv^j. for his disgraceful behaviour, and we warn all others that a repetition of their conduct will cause us to publish their names and addresses for the information of the police, So, boys beware!

The new Barrack street pump has been taken down to reduce the level, in order to enable a drinking trough for horses to be placed beneath it. The contractor, in making the well, had carried the brickwork of the well too high, and the determination of the City Council to make the pump serviceable for all is a step in the right direction. There is » copious supply of water, the well being filled to within si? feet of the summit,

THE EVENING STAR, FRIDAY, APRIL 12, 1872.

2



QLSON'S TOMATO SAUCE. The immense success attending the introduction of this new local industry will alone testify to the high estimation in which it is held. During the last year the proprietor was scarcely able to supply the large demand, and lias in consequence made extensive alterations and additions to his Factory, so as to be enabled to keep the market well supplied. No one who values health and appetite should be without a supply of this really health-restoring and agreeable condiment. Sold everywhere in Bottles witli the name of 11. OLSON on wrapper and stamped on bottle and per. Auckland, 10th February, 1872. T CATER (late Crombie's) EOYAL «J • FINE AET PHOTOGRAPHIC GALLERY, Queen street, Auckland, has much pleasure in inform ing his friends and the public generally that he has purchased the Photographic Business so long carried on by Mr. Crombie ; and having secured the services of M.. C.'s late Manager, lie feels warranted in stating that they will receive every civility and attention, as well as first-class and artistic portraits at his hands, and that no pains will be spared to give entire satis faction. J.C. begs to announce that his arrangements for taking Instantaneous Portraits of Children are now complete. WANTED KNOWN.— Just opened, ex Naomi, a Choice Selecbion of Gentle man's Undershirts in Merino, Silk, &o. ; also, New Hats.—S. Coombes' City Clothing Mart, 80, Queen street.