SHIPPING INTELLIGENCE.

PORT OF AUCKLAND.

SUNSET: This evening, 5.3 SXTN-KISE: To morrow morning, 6.50 HIGH WATEK; This afternoon, 4.18; to-morrow morning, 4.30

ARRIVALS.

<uoronet. schooner, Sutherland, from Lyttelton Rita, brig, Edwardes, from Lyttelton William Ackers, barque, Greenwood, from Newcastle East Lothian, barque, Williams, from New York, via Dunedin Jane, brig, from Hobart Town

DEPARTURES.

H.M. Gunboat Alacrity, Lieut. Sanders, for Levuka

IMPORTS.

Per Coronet, from Lyttelton: 270 sacks flour, 200 ditto bran, 6 cases bacon, 3 casea biscuits, T. H. Hall and Co.; 18 tons pota toes, 125 sacks malt, 100 ditto ditto, 1 ton cheese, 2 tons potatoes, 333 sacks barley, order ; 5 tons potatoes, 4 cases bacon, G. W. Binney; 3 tons cheese, Jp^ins and Wilcox; 5 cases bacon, J. Gourmand.—D. H. McKenzie, agent.

The ship Parsee, from London, has re ported at the Customs. Consignees are requested by the agents of the vessel to pass entries, pay freight, and take delivery of their goods without delay. The barque East Lothian, Captain U illiams, arrived in harbour last night from New York via Dttnedin, which latter port she left on the 26th ultimo. She brings part of her original cargo from New York, consisting of kerosine, &c. On discharge of cargo she will load gum, &c, for New York forMessra Walker and Co. >t cut*er Flora McDonald arrived in the Manukau this morning with 5G prgs, Buck land ; 22 bales flax, Barnes j 3 hides, Gittos ; 1 box, Cellem.

The barque William Ackers arrived yester day evening from Newcastle with a cargo of coal (440 tons), consigned to the Auckland E al Com Pany- She left Newcastle on the 24th uliimo, and made the Three Kings on Sunday last. A three-masted schooner is being built by Mr R. Stone, of Shortland, to the order of an Auckland firm. She is intended for the coasting trade, and will be fitted with an auxiliary screw.

The s. s. Taranaki is announced to leave Onehunga for Southern ports on Monday afternoon next at 0 a.m.

The brig Jane, Captain Westbrook, arrived in harbour last night from Hobart Town, ■which port she left on the 19th April. She is consigned to Messrs H. S Meyers and Co., and brings a full cargo of fruit, &c. ; and two passengers, Mr and Mrs Baker. The gunboat Alacrity having fitted in a new mainmast, took her departure, for Levuka this morning. Mr G. W. Binney is prepared to charter vessels to load timber from Kaipara to Wanganui, Taranaki, or Lyttelton. The brig Bita has arrived in the Manukau irom Lyttelton, with a cargo of grain The barque Bella Mary is alongside the wharf discharging her cargo of fruit, which W mu IDg t. urned mt in first-class condition. The brig Albion and the barque William Akera have reported at the Customs. The brig Jane has reported at the Customs from Hobart Town. She has hauled along side the wharf and commenced to discharge cargo. 6

We are requested to state that the list of cargo of the Emulous, schooner, from Dune" dm, as published in to-day's Cross, is incor" rect, several consignments being omitted' and likely to mislead merchants and traders 1 ■No copy of the manifest has yet been re" ceived. Messrs B. Tonks and Co. have several consignments on board, including oatmeal and flour which are not mentioned m our contemporary's vamped-up list. The schooner Coronet arrived this morning irom Lyttelton, which port she left on the 30th ultimo. The Coronet was brought up m charge of Mr Sutherland, the mate, Captain Yates being left behind at Christ church mdisdosed.

«. tS^ Ip arsee wiU not come alongside the wharf until Saturday afternoon next, in order to give time for clearing away the fixtures m the 'tween decks. +uT^? G°vern ment steamer Luna will leave the Manukau to nW.fc for Wellington.

COMMERCIAL.

Messrs Cocbrane and Son held a sale to day of sails, tanks, and bricks, at which fair prices were realised. The iron tanks sold for L 4. 3s. each. Shingles 6a.

CHIEF POST-OFFICE, AUCKLAND.

Mailh will Close as Under :— For Thames, this day, at 5.30 p.m., and to-morrow at 10.30 a.m. and 6.30 p.m. ' For Coromandel, to-morrow, at 11.30 a.m. For Wangarei. &c, per Clyde, to-morrow, at 3 p m For Mahuranßl, Matakana, Waipu, &c, per Lady Bowen, on Saturday, at 10 a.m. For Taranaki and Southern provinces, per Taranaki on Monday, 12th inst., at 7 a.m. ' For Wellington, Canterbury. Otago, Victoria, South Australia, and Tasmania, per p.s. Luna, this day, at 9 p.m. " Mails containing specially addressed correspondencd for the United Kingdom, via Southampton ane Brindisi, India, China, Continent of Europe, &c will be closed at 9 p m. N.B.—Possibly the Luna will reach Wellington before the departure of the Itangitoto, so thatletterr for Me'bourje and EDgland may be in time : but senders of letters must distinctly understand that it is not a certainty. Letters should be specially addressed. (Signed) S. B. Biss, Chief Postmaster.

SERIOUS ACCIDENT.—This Day.

Shortly before ten o'clock this morning, a butclier's boy, in the employ of Mr A. Dornwell, came riding down Shortland street at a quick pace, and on turing round the corner into Queen-street his horse came in contact with an elderly man, and knocked him down. The man was found to be stunned and seriously injured, and was at once taken into the shop of Messrs Hamilton Bros., chemists. Here he was pronounced to be suffering from concussion of the brain, and his removal, without delay, to the Hospital recommended. Constable Gordon took the poor man to the Hospital in a cab ; and he was seen by Dr Philson, who pronounced his life to be in great danger—in fact, his recovery hopeless The name of the sufferer is Peter Hally, of Onehunga. He is an old pensioner, anrt has for years worked as a stone-mason at Onehunga. The police have felt it their duty to apprehend the boy who caused the accident, and he is in custody. His name is William Field, r TJiere appears to bo some doubt wheter the injured man is named Haley or whether it is Oliver, a stone breaker. The friends have gone to the hos pital to identify him. Upon inquiry at the hospital this afternoon, we learn that ho hopea are entertained of his recovery, and that iievkvfixpected to die before sunset.

DEATH.

Somerville.—On May 7, Martha, the beloved wife of Mr Bichard Somerville; p~cd 32 ye rs. The funeral wi'l leave the late residence, Wel lington street, to-morrow (Friday), at 3 p.m.

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

THURSDAY. MAY 8, 1873.

♦ For the cause that lacks assistance. For the wrongs that need resistance, For the future in the distance, And the good that we can do.

Some time since when golden dreams began to prove themselves as the mirage of the wilderness it was somewhat in the fashion for disappointed speculators to soothe their own wounded feelings, and attain a littl c distinction among similar mourners by denouncing the men employed in the mines as carrying on a system of wholesale plunder. Sometimes, indeed, the charges were well founded, but more frequently the statements were arrows shot at a venture, and in utter recklessness respecting the feelings or the fair fame of honest and industrious men of perhaps humbler but far more reputable fam e than their traducers. The charges were so vague, although so positive, that the men had no means of clearing their characters; while the slanderers, from the possession of a few shares, being invested with all the dignity of the "bloated proprietor," were enabled to Shoot their poisoned arrows in safety from a distance, surrounded by sympathizing and similiarly unlucky speculators. This game became for a time quite popular until, in the conventional jargon of the hour, every shareholder was regarded as a man " systematically swindled j " while the truth was that there was manifold more genuine and straightforward swindling per petrated sub rosa by shareholders in rigging the market than by the poor devils who were said to be prigging specimens. This little game has become somewhat played out but we observed that at the meeting of the Alburnia Company last month the bow was again drawn at a venture, and the most plain and specific charges of wholesale rob bery of specimens were hurled against the men employed on the Alburnia mine. It was vain to challenge the statements ; they were launched with such a vraisemblance, and such an air of injured innocence that men accepted them, and confidently awaited the eclaircissement promised in an investiga tion, in the belief that fearful revelations were impending. The investigation has taken place, and not only have the men been most honor ably acquitted, but it has been shown that owing to the stringent regulations in force, and the system of changing clothing so rigidly observed, nothing of the kind could have occurred unless the men had swallowed the quartz ; and not only so but that the merest enquiry on the subject would have prevented any one of right feeling from making such a reckless and cruel assertion. It was Mr Thomas Macffarlane that on this oc casion assumed the role of chief accuser, and sought to purchase a little temporary dis tinction at a meeting of shareholders by appearing as the protector of artless sheep who were being fleeced by the cunning miners at the Thames. It appears that Mr Thomas Macffarlane is possessed of a few shares in this company, which it was

a matter of importance to make generally' known. Whether he is pos essed of them in his own right, or in trust for others ad an official assignee, we know not, but this did not affect the case, MrMacffarlane evidently feeling that it was well people should know that he is a shareholder, nay, an important shareholder, for why otherwise should he take the prominent position of protector ? J3ut having J had this en joyment, we think that now, when the employes of the Alburnia Company have cleared themselves of the aspersions, it is only due to them that their accuser should come honestly forward and make the amende honorable. In making the charge Mr Thomas Macffarlane stated that he had the most reliable information ; that he had pop. session of the names of the men that had stolen the specimens, and was prepared to substantiate the charge by bringing forward the c vidence of his informant. On the men threatening proceedings, Mr Thomas Mac ffarlane went down to the mine to make his peace. He admitted that after investigation his charges had been " found to be based only on hearsay," and he either would not or could not give the names either of his in formant or the suspected men. He was not ducked in a horsepond, nor tarred and feathered, for which he may thank his stars that he fell into the hands of an orderly and law-loring class of men, but having warded off a prosecution which he richly deserved, this officer of the Supreme Court has slunk away again into obscurity without expressing publicly one word of regret, or taking any steps to place these honest men right before the public. We assert that such a public retractation and apology is due to the men, and ifc .is due to Mr Thomas Macffarlane himself, who is well known on his own shewing to be the most religious man in the province. We liave a vivid recollection of his communica tion to the Free Church Record, in which, under the heading of " The Model Elder," he revealed to his admiring fellow country men his increasing labours in this (' portion of the Lord's vineyard," and which put to shame the worthless ministers, and the un godly and immoral time-serving and un refiecting merchants with which this unhappy land is cursed. On that occasion Air Thomas Macffarlane, on his own showing, stood for ward conspicuous as "A light shining in a dark place," as a "Voice crying in the wilderness," and as the one only good man " in the midst of a wicked and perverse generation." It was enough to melt the heart of a -wheelbarrow to read his soul-harrowing lament over the degeneracy of his brother merchants. The good man " had hope for the young, but as for the old they were en crusted." We know that these "encrusted' old reprobates felt deeply moved at the description when all unexpectedly it came back to Auckland, and we have no doubt that however "encrusted," the men on the Alburnia were equally astounded on learning that their dishonest ways had vexed the righteous soul of the " Model Elder." Con sidering the influence shed around him by his "walk and conversation," but especially t\\a latter, which is always " savoured with salt,' we may expect that Mr Macffarlane will not disown the moral obligation of the word, which says, " Thou shalt not bear false witness against thy neighbour ;" a command which is honored by the most " encrusted " old villain in our commercial circles, and that he will take the course we have indicated, of publicly retracting what he was unable to substantiate. We refer thus pointedly to this particular case of the Alburnia because the reckless and unfounded charge appears the reviving of a custom that we had thought had become obsolete. It is very easy to hurl a charge of thieving against a body of Work men, who have neither the means nor the time to challenge the accuser to the proof, and whose every exertion is needed, by dint of hard and wearing toil, to provide food and clothing for those who are bound to them by as tender ties of love and depend ence as are felt by any in the community. That there are black sheep among the mining population, as there are black sheep among ourselves, is beyond a question ; but taken man for man those at the Thames con nected with the actual and practical develop ment of those mines will compare very favor ably indeed with those connected with the same mines who in Auckland have been wallowing in that sink of iniquity, the Stock Exchange. Mr Thomas Macffarlane may be the exponent of those whose inordinate greed being baulked has turned vicious, but if he holds himself amenable to any of the laws of honour or even decency he is bound to offer an open and an humble apology to the work men of the Alburnia for the wilful, wanton, base, and baseless calumny which he uttered against them. The magnificent steamer Victoria has just arrived in harbour from Sydney and Mel bourne. We shall publish her cargo and additional items in a Second Edition at 4-30 p.m. The Luna will leave the Manukau to-night for Wellington taking mails for Southern ports. There is a chance of her being in time to forward mails to Australia and the United Kingdom should any one feel dis posed to take advantage of the same. The mails closes at nine o'clock to-night. The evils of small sub-contracts have been felt on the Kaipara railway, and another case has occurred on the Waikato railway near Tuakau. Messrs Shaw and King, who had a sub-contract there, under Messrs O'Neill and Thomas, have thrown it up, leaving their men about a fortnight in arrears with their wages. The men can ill afford to lose the money, and one of them came to town by coach on Tuesday to see what legal steps could be taken to enforce payment. We understand that after Shaw and King terminated their contract, Messrs O'Neill and Thomas took the men on, and paid them for the fortnight which they worked for them, but declined to pay the arrears due by Messrs Shaw and King, stating that the sub contractors were indebted to them having drawn money in advance. Working men should be protected against the evils arising from this small contract system. 4

The ; sitbject of the following letter demands attention ai iiie hands of the authorities :—Sir :We must not state dates or mention names ; for that, although most truthful, would be voted a libel. Now I am not thinned-skinned, or a real Christian (I wish I was !), but there are things that happen in these singing joyous islands that ought to se.nd ils to that lake from which Lol most miraculously escaped. I will take as wide a circuit as it is possible for my pen to wander. I will therefore say that, in this province of Auckland, there is a public house passed without the slightest opposition by the head of police, and the landlord granted a license who, for many years out of a mob of cottages he owns, has taken especial care to reserve one close to his hostelry as a " common stew." Well, some time ago, the former prostitute vacated the house ; the landlord finding it pay so well with one " soiled dove," let it to two others, who added to themselves seven spirits, if possible, more wicked thad themselves ; all the surrounding dwellers were nightly kept awake by hideous yells, horrible oaths, and behaviour to the last degree obscene by these abandoned women and their male con freres. What recks he that ? Does he not ■ forward to that house more grog, more wine, more cigars nightly than his daily dinner and supper beers to virtuous citizens who frequent his house can compete with in value twice told ? I place my hand upwards towards Heaven and swear that not only does this man know it, but that his wife and family are on the most friendly terms with them— sitting down and conversing with them ; but what is more horrible his (at present) inno cent daughters takes to them daily their meals without regard to the position, or in what disposition they may at that time be placed in, and yet that man on last licensing day, without reproof or re mark from the bench, obtained another year's license for the grossest and most rrOKRiBLE sensuality! O Temporal O Mores ! —I am, &c, Caustic. £The objections to persons whose names remain on the roll for Citj West, whose qualifications are not satisfactory, appear in our advertising columns. In the course of yesterday a sharp ten minutes battle occurred between two young men who ran against one another in Shortland strect. A cross word and then a severe blow was given by the youthful quill-driver on the bread-basket of young Crispin, and ere an explanation could be offered Crispin let fly and dealt a plumper on clerky's peeper. A fierce right and left contest ensued in the presence of a large number of people, which was only brought to a close by the fall of a volume of the "Wife's Secret" from the inner side of the newly-married pugilist's outer garment. After two rapid rounds the combatants separated, one with a bruised eye, and the other with a red nose, apparently satisfied with their physical experiments. We are indebted to Mr Wayland, registrar, for a table shewing the number of births and deaths, and the marriage certificates issued during the quarter ending March 31, for Auckland and surrounding districts. We learn that there were 313 births and 130 deaths, shewing an increase to the population of 177. Of the children born 142 were mal<;s and 171 females. Of the deaths HO were in fants under one year, and 29 under 10 years of age, while 10 were over 00 years old. There were 64 marriage certificates issued during the quarter. The first of a series of musical entertain ments entitled 'At Home,' will be given this evening in the Choral Hall, and will, we understand, comprise some very choice selections of music. The regular monthly meeting of the Prince of W:iles Lodge of Freemasons, No 1,338, will be held this evening in the lodge-room, Masonic Hall, Princes-street, at half-past seven. The Lumper Society's meeting was held last evening at the Thames Hotel—Mr Niccol in the chair—but as the proceedings were strictly of a private nature, and not of pub lic interest beyond the pale of the brother hood, we are not at liberty to publish them. The first anniversary soiree in connection with the Catholic Christian Doctrine Society was held last night in the Wellington-street Catholic Institute, under the presidency of the P>ishop. A plentiful tea was provided, and the tables wore gaily adorned with vases of fresh-gathered flowers. The band of the Hobson Volunteer Company, and the choir of St.- Patrick's Cathedral were present, and formed the chief attraction of the evening. We observed upon the platform Bishop Croke, the Pievs. Fathers Macdonald, Dil worth, Norris, Fynes, Boibeux, and Dr. Wood. The Bishop, on rising to address the audience, was loudly cheered. He remarked that he felt pleased in presiding «at this, the first anniversary of the Christian Doctrine Society, and was glad to see so many friends present. He liked to see persona enjoying themselves together, in a happy, social manner. He loved to see the faces of the people. He believed that the society was calculated to do much good, not only to the present, but to future generations. In this country Catholics were in the minority, which rendered it all the more necessary that they should be a united body. He hoped that such meetings would be encouraged, and that the Catholic Literary Institute would meet with that support which it deserved, as it was a means of mutual improvement and afforded opportunities for the cultivation of the mind. He exhorted them to love each other, and banish from amongst them all animosities and jealousies. The Secretary (Mr Dignan) read a brief report of the past year's pro ceedings, which evidently gave much satis faction. More than two hundred persons were present. The musical performances of the choir were of the first order, and the singing of Misses Donovan, Shanaghan, and Norton was extremely pleasing. The concert last evening at the City Hall was well attended as usual, and the various melodies, duets, and descriptive songs by Madame Carandini, the sisters, and Messrs Gordon and Sherwin met with much applause. Madame Winter will take part in this evening's concerts, when Mr Gordon will sing " Man the Life Boat," and Madame Carandini will sing that song of natural Scottish songs, "John Anderson my Joe," one of the happiest photographs of conjugal affection in old age that was ever sketched by sage or poet in the world's history. There will be no scarcity of fruit for some time to come, two vessels fruit laden having arrived from Hobart Town within six hours of each other. To-morrow Mr E. Arthur will offer for sale, by auction, a large quantity of fruit, hops, and onions, just landed, ex Bella Mary. Tenders are invited by Mr Sheath, the District Telegraph Inspector, for the supply of a quantity of telegraph poles. St. Marks' Church, Eemuera, will be opened, after the extensive alterations that have been made, on Tuesday next. It is not improbable from a statement in the Era that Mr Southern, who immortalized himself at the Haymarket Theatre as " Lord Dundreary," that fine satire on the senseless un-English, swell, will visit New Zealand, as he has made arrangements to visit Australia. In fact if he reads Mr Trollope's book, which he is sure to do, we think he may be tempted to visit us, !

An untoward accident happened this morn ing to the respected captain and owner of the wherry boat Kose Ann. While walking along the combing of the wharf the master of the vessel last his equilibrium, which he did riot recover until he found himself in the acqitariiim be low. Fortunately the proprietor of the craft was an expert swimmer, but still more for tunately he did not require to bring his art into requisition, for the tide being low he was enabled to wade ashore. Bystanders state that a cold perspiration was observed to pervade the counties* sprats when he precipitated himself into their midst. Instinctively they avoided his presence, and scattered themselves far and wide, They evidently mistook him for a rilonStfoils yellow-tail. This may be accounted for from the fact that he wore a buff-coloured Cri mean shirt, and a yellow paper collar. A change of raiment and a nobbier put the river man to right.

Miss Campbell wishes to return her kind thanks to those ladies and gentlemen who kindly assisted at her benefit, and also to the public for their kind patronage.—[Advt.]

The ferry steamer Enterprise No 1 was chartered this morning to convey the im migrants ashore, which was accomplished, happily without accident, although the man^ ncr in which the bridge was overloaded with luggage caused the steamer to roll from side to side in a most unpleasant manner. At each dip her sponsons were buried in the water, and the passengers' luggage appeared in imminent danger of slipping off the bridge. On being landed the immigrants were con ducted to the quarters provided for them at the barracks.

;. We have been shown a magnificent casket and gold cross which is now on view at the shop of Mr Kohn, jeweller, Queen-street, and is to be forwarded to Lady Bowen. The following extract from the Lyllellon Times furnishes particulars connected with these handsome pieces of jewellery:— The members of the Colonial Houses of Legislature resident in this province are about to make a graceful acknowledgment of the many favours be stowed upon them by Lady Bowen during their periodical visits to the seat of Govern ment while Sir George Bowen was Governor. Acting upon instructions from them, Messrs Peterson and Co., High street, have manu factured a beautiful gold cross set with pre cious stones and a silver casket, whichform an elegant souvenir, and will be transmitted to Lady Bowen at an early date. The cross is of Greek design, and nearly four inches in length. A sapphire of great purity and large sizo occupies the centre, encircled by eight sma 1 diamonds, eleven much larger diamonds being so arranged in settings on each of the four sides of the sapphire as to form a cross of brilliants on a dead gold groundwork, producing a very rich effect. The casket is made as a repository for the cross, and the design is very neat, with sufficient yet not too much ornamental chasing. The interior is lined with white silk velvet, and the inner side of the lid bears the following inscrip tion :—"We the undersigned, members of the General Assembly, resident in the pro vince of Canterbury, request your Ladyship's acceptance of the accompanying cross in grateful recogn;tion of the hospitality and kindness which we have always received at Government House during the tenure of office of his Excellency Sir G. Bowen, G.CM.G." The character of the workmanship displayed in both crots and casket reflects the highest credit upon Messrs Peterson and Co., and speaks well for the skill which Canterbury possesses in the goldsmith's art.

SUPREME COURT.

Sittings in Banco.

Yesterday— Continued

(Before Mr Justice Johnston.)

MOHI MANUGAKAIITA V. J. S. MACKAP.LANI

Tliis was a motion for decree te enforce the specific performance of an agreement under which the defendant was to retain certain bush land, and hand back the open fern land at Wangaproa. The decree was agreed to between counsel, and the Registrar was instructed to draw it up. GRAHAM V. THOMAS AND OTHERS. This case, which was to determine the right of the plaintiff to certain lands at Grahamstown adjoining the Queen of Beautj mine, was determined in favour of the defen dants at the last nisi prius sittings. Mr MacCormick now moved for a rule nisi for new trial on the ground of mis-direction, and that the verdict was against the weight of evidence. His Honor granted the rule, returnable on Wednesday. C. A. HARRIS V. J. S. MACFARLA.NE. Mr Hesketh applied for a rule nisi for new trial in this ca.«e, on the ground that the Judge had mis-directed the jury with refer ence to the easement held by the defendant over the lands of the plaintiff so far as to entitle him to the use of the Waitekuri Creek. His Honor granted the rule, returnable at the next ban o sittings (Wednesday).

THIS DAY.

Bankruptcy Sittings john doyle. Mr Brock appeared for the petitioner. The Trustee's report was read. The bank rupt was a carpenter, and took small con tracts. His liabilities were £103; assets, £70. The cause of insolvency was a disputed account with Mr Fitzgerald for removing a cottage. I There was no opposition and bankrupt received his final discharge. In re E. c. JONES. The Trustee's report showed that the bank rupt was a surveyor when his debts were contracted, but is now a clerk in the Harbour Board office. Liabilities, £258 ; assets, £5. Mr Armstrong applied that the bankrupt receive his final discharge. Ihere was no opposition. Application granted. ROBERT GEORGE BELLERS. Mr Armstrong appeared for the petitioner, and stated that the bankrupt was not in attendance. He wished the case to stand over. His Honor said that the petition ought to be dismissed. He would however allow it to stand over. After the list had been disposed of the case was again called on, and his Honor remarked that it was monstrous for bankrupts to sup pose that the Court was to sit for their con venience, and they might attend when they liked. They came there to ask a favour and must make it their business to attend on the day appointed. The Provisional Trustee said the bankrupt had come up from the Thames to attend the last sitting of the Court, but owing to the civil sessions his case did not come on His Honor said that might perhaps be some excuse, and he would allow the case to stand adjourned. In re Alexander macdonald Mr Armstrong appeared for the petitioner to represent Mr Hesketh. Mr Whitaker appeared to oppose on behalf of several creditors. The Trustee's report showed that the baukrupt had opened a store at the Ktimeo to supply the labourers on the Kaipara railway. The labourers were furnished with storea upon the "truck" system, under arrangement with Mr Edgar, the cofttragtor *

This business should have yielded large profits and few losses, and for the first few months a clear profit of £200 was shewn. After that time the bankrupt kept no proper books. A dissolution of partnership between bankrupt and his partner had tiken place, and the partner had obtained a bill of sale over the whole of bankrupt's property: His expenses after that time were very heavy, and had not been properly accounted for. The report was very unfavourable. The liabilities were £80G, and the assets £140; debts, nominal, which were not recoverable, as the debtors had departed for "pastures green." His Honor objected to slang phrases being used in an official report. Mr Armstrong said he was taken somewhat by surprise by the Trustee's report. He had only just been instructed. His Honor thought it would be better to adjourn the case. It would probably save time. Many grave charges were contained in the report which counsel would require proper instruction to meet. Mr Whitaker said the bankrupt's papers were in such a confused state, it was almost impossible to go on. The case was adjourned until next Court day, bankrupt to pay costs. In re thomas s. hatnes. The Trustes' report shewed that the bank rupt was a carpenter, and had been unfor tunate in several small contracts. His wife had set up business in a small shop, and her goods had been seized by the landlord. Liabilities, £709 15s ; assets, £037 14s. There was no opposition and bankrupt passed his last examination. Mr Leary applied for his final discharge which was granted. Oasses Adjourned. The following cases were adjourned:—J. and W. Muir, C. Moller, Mullally, and Bryant Vercoe. This concluded the business.

POLICE COURT.—This Day.

(Before Thomas Beckham, Esq., KM.)

DRUNKENNESS,

A train of drunkards were brought up in succession this morning, and dealt with as follows :—Anthony Co wen was fined 20s and costs ; Thomas Best, 10s.; William Maunder, 10s ; Charles McCabe, 108 and costs ; Wm. McLeish, 10s and costs ; and James Kelly (second offence), 20s and costs. LARCENY ON THE HIGH SEAS. Peter Ward was charged with stealing a box containing ten scent bottles (silver mounted), value £2 ss; a pair of lady's boots, 15s ; a lady's muff, £1 103, from the cabin of Emily Beven, on board tbe ship Parsee, on the Ist day of March, 1873, while on her voyage from London to Auckland. A second charge was also urged against the prisoner, for disobedience of orders and in subordination on board the same vessel. The prisoner pleaded not guilty to the charges. The cases were remanded until Monday next. UNMANLY. Samuel Taylor was charged with obscenely exposing himself in Victoria-street, Auck land, last evening. The prisoner pleaded guilty, and said he did not wish the case gone into. Ihe Court sentenced him to three months' imprisonment with hard labour. STRONG BEER. Frank Godlin was charged with taking possession of a keg containing five gallons of beer, value 175., the property of Andrew Fernandez. The case was fully proved against the prisoner, and the Court sentenced him to four months' imprisonment with hard labour. ALLEGED FRAUDULENT POSSESSION. Captain Charles Mceller was remanded to Tauranga on a paltry charge of fraudulent possession of 18s. 6d., at the instance of Henry Clausing. The accused, on the application of Mr. Hughes, was admitted to bail. SHELLS. William Trail was summoned by Captain Burgess, Chief Harbour Master, for removing certain shells from below high water mark on the North Shore, contrary to the provisions of the 48th clause of the Harbour Regulations for the Ports of New Zealand. The defendant pleaded guilty, and was fined Is. and costs. CHRISTOPHER GREENWAY AND THE EDUCATION RATE. This case, on remand, came on for hearing again this morning. Mr Hesketh appeared for the Superinten dent of the Province, and Mr Rees for the defence. Mr McCormick appeared to watch the case on behalf of certain persons interested in the case. Mr Hesketh called upon Mr R. B. Lusk, who upon being sworn said he laid the com plaint in this case, and was the only receiver of rates under the Education Act 1572. The gazette was handed to him by authority, No 43, December 31st 1872, by the Superinten dent. He had since acted as receiver, and had received rates under the Act at the Provincial Treasury. He knew Mr Christopher Green way, and the rate of 20s for the year 1873 had not been paid by Mr Greenway nor any one in his behalf. Frederick Joseph Moss, secretary to the Board of Education, deposed that he had acted as secretary since the end of the last year. The Board fixed the education rate on the 31st of December, 1872, of 20s for the year 1873. He was present at that meeting, and due notice of the same was given to the Superintendent. Christopher Greenway—in answer to Mr Hesketh deposed, that he was the defendant in this case. He was in the Court now, but when at home he resided in Syniond-street with his family. He had lived there several years. He paid rent for the allotment to the Provincial Government. Mr Greenway considered it wacfvain to ask him where he livad as Mr Hesketh knew all about it. His Worship: But, Mr. Greenway, al though we know where you reside it is necessary to answer these questions. Mr. Rees contended that Mr. Lusk, although the appointed receiver of the rates, had no power to sue or institute proceedings for the recovery of the rate, which, according to the Act, could only be done in the name of the Superintendent, Thomas Ballantyne Gillies. There was, moreover, no evidence produced to prove the appointment of Mr. Lusk as collector. Again, if Mr. Lusk be the authorized receiver, he is not entitled to recover in his own name, but in the name of the Superintendent. Were it otherwise the complainant in this case would be in a dilemma. His Worship said there could be no con viction in this case. He believed the Court could only make an order for the payment of the rate. Mr Rees argued from the Constitution Act, 19th clause, that it was not within the juris diction of the Court to make an 'order. He would also refer to the 59th section of the same Act in confirmation of the same. The learned counsel proceeded at great length to quote from and analyze different sections of the Act, and considered thai the Court could not give effect to the Education Act by making an order to recover in a summary manner. He algo pontonded that the weeting at whioh

the rate was struck was not legally con stituted, as there should have been a fort night's notice. All that the Court could do would be to administer the law as it stands, and he concluded by saying that from various proofs adduced that the rate could not be re covered summarily from Mr Greenway. tion was aproperly constituted meeting. Beside this rate is in force throughout the province, and the production the Gazelle con taining the fixing of the rate was sufficient evidence of the existence of the Board. Mr Hesketh proceeded to shew that Mr Lusk was the properly appointed collector, and was right ininstituting theceproceedings; also that the meeting of the Board of Educa- His Worship said that after the long and interesting arguments to which he had listened he felt that he could not give a hasty decision on the case, but he would carefully weigh the arguments and investi gate the matter, and give his decision on Thursday next, This was all the business.

FOUND DROWNED.

The body of a man, apparently about twenty eight years of age, was picked up in the har bour at eight o'clock this morning. The body was discovered close to the Queer,-street wharf (past side), opposite Messrs. Walker's gum-warehouse. It was in a Lent position, and the arms were extended as if endeavour ing to clutch round one of the piles. The police being made acquainted with the £>ct, took possession of tie body, and engaging the services of a wa'ernvn, conveyed it lo the " Morgue," Official Bay. It was not long after the news was abroad of the body being found, that a foremast hand on board the Royal Alfred was declared to be missing. The steamer being at Coromandel, some sea men belonging to the G-olden Crown were taken to the dead-house lo ccc the body and at once identified it as that of the missing man —John Etemsh by name. lie had his initials (atooed on his arm. The forehead and face were cut, us if they hud come in contact with some hard substance, and there is no doubt that the poor fellow fell off the wharf, and either struck against a pile, or else a stone at Ihu bottom. He wad a quiet, wen behaved man, ol sober habits : was la2t seen on the night of Tuesday last, when he was in company with severul friend , who accom panied as far as Copland's corner, and took leave of him about eight o'clock. He was then believed to be in the socie.'y of one JJurrett, of Epsom, in who?r company he remained until 11 o'clock, they having both been to the Carandini concert. He did not go on board the steamer, nor did he return to his lodgings in Alber.-street. Enquiry was made for him next day by Juis shipinaies, us he did not return to his post iv the morn ing, but without avail. On the body being identified this morning, Sergeant-Major Pardy dispatched mounted constable Bullen to Epsom to c- i Barrett, in order to le.^n when and where, and in what state, he left his friend on the fatal night of Tuesday last. An inquest will be held on the body of the deceased to-morrow afternoon, at the Rdlway Terminus Hotel. A sum of 4s 6d was found in one of the pockets of the deceased.

TELEGRAPHIC.

LATEST FROM WAIKATO.

Return of Tawhiao to Te Kuiti

Mr Mackay Requested to Leave

He Fails to see Tawliiao

(From Our Special Correspondent.)

Telegram from the Defence Minister.

ALEXANDRA

This day. Tawhiao arrived at Te Kuiti last night. Is is believed he had been in close proximity for the last two or three days, but kept aloof in order that Mr Mackay might not see him. This morning Rewi requested Mr Mackay to leave Kuiti, and to proceed to Tewera, a native settlement about five miles from Kuiti on the road to Alexandra. He was to wait there until he saw whether the King would send him any answer to his request. Mr Mackay therefore left this morn ing without having had an interview with Tawhiao, and he is now at Tewera awaiting the King's messengers. He is expected to return to Alexandra to-night. While at Te Kuiti he was unable to obtain any answer to his request that the murderers should be given up to justice. INGARUAWAHTA. This day. ! The following telegram was received last night from the Defence Minister: "To James Runciman, Esq., Member of the Cambridge Committee. " I have received the resolutions of the adjourned meeting of the 3rdinst., and assure the settlers that the Go vernment are working, after mature deliberation, and seeking the fullest information, and have the most care ful consideration for the lives and properties of the settlers in Waikato. At the same time the Government must reserve to itself the right of deciding the line of action to be pursued. The question of a chain of redoubts on the confiscation line is under careful consideration. •Every possible discretion has been given to the officer commanding the district; but it must be obvious to settlers that he must act under in structions from the Government. (Signed) "D. McLean." The Ohinemuri correspondent of the Thames Advertiser writes that a meet ing of natives was held on Saturday, ostensibly to consider the late murder at the Waikato, but the issuing of per mits to prospect for gold was really the question debated. flJNopiana and Eiki Paka were called upon to account for issuing per mission to pakehas to mine. They contended their right to do as they liked with their own land.. Moananui said he , would send for -f akeha constables to hunt the diggers. -tuka Paka replied that the Queen had undertaken that the Maori should not be disturbed in the use of his laud.

toe ivgynm btae,Thursday,mays, im



W. Marshall, fruiterer, Queen-street, lias just received, per Nebraska, a, shipment of new season American. Pey, Nuts, the nutritive and stimulating properties of whioh are now universally acknowledged.. When fresh roasted these nuta act as an Excellent tonic, and can be indulged in. virjth. impunity. ~-[Adyx.] . . ... .."-■



[Established 1864.] jy STEPHENSON & OO.'s CELEBRATED COFFEES, "EXHIBITION BRAND" "EAGLE BRAND" "CROWN BRAN JD," Are to be procured at all respectable Grocers and Storekeepers throughout the Province of Auck land. D. STEPHENSON &. CO., WYNDHAM STREET, Auckland, YOUNG MEN'S CHRISTIAN ASSOCIATION. "WINTER COURSE OF LECTURES, 1873. INAUGURAL MEETING. CITY HALL. FRIDAY EVENING, MAY 9, at 7.30 g.Clock. Chair to be taken by His Honor the Superintendent, T. B, GiHies, Esq. PROGRAMME. Part Song—-Soft and Low"- Hullah. His Honor the Superintendent—lntroductory Address Song—" The Rob'n"— Lady Amateur. Rev. D. Bruce—"The Duty cf Young Men in Rela tion to Modern Be?';jious Thought" Pianoforte Solo—" Souvenir de la Sonmambula" Address: Part Song—" Aye Sanctissime" Rev. G. H, Turner-" The Triumps of Christianity" Madrigal, " Down in a Flowery Vale"—Morley Jonas Woodward, Esq.—" Our Advantages" Song, " The Bel Ringer" (Vincent Wallace).—Gentle man Amateur. G. M, Reed, Esq., B.A.—" Woman's Eights and Woman's Wrongs." Part Song, " Sweet Echo" Musical arrangements under the direction of Joseph Browne, I'sq. Admission One Shilling. The North Shore Ferry stermers w."ll leave for the Queen-street Wharf in time for the meetirg, returning to the North Shore at 11 p.m. Holders of Tickets for the Course entitled to ad mission FREE. THOS. BUDDLE. Hon. Sec. MOUNT HOBSON DISTRICT SCHOOL. TnHE School-house at the Chain Bar, •M. Remucra, in the above District, v. '11 be opened for the reception of Pupils on MONDAY NEXT, 121 h inst., at haK-past 9 o'clock a.m. JOHN ANGUS, Secret ary,