SHIPPING INTELLIGENCE.

HIGH WATER : This evenlcsf, 0.34; to-morrow morning, 1.21 BSUN-SEr: SM« evening 6.15; SUIMRIB3: So morrow moraSsg, 5.13 MOON'S AGE: First Quarter, 19th, 1.8 a.m.

ARRIVALS.

Magellan Cloud, bri£.ntine, Couch, from Chatham Islands Albatross, schooner, from Napier Star of the South, s.s . from the South, via Napier Southern Cross, s.s., Sellars, from Tauranga

DEPARTURES.

Waikato, ship, for Dunedin East Lothian, barque, for Lyttelton Clyde, schooner, for Whangarei Golden Isle, schooner, for Russell Ladybird, s.s., Andrews, for the South

PROJECTED DEPARTURES.

•For Dunedin—-Zealandia, sbip, early For San Francisco—Macgregor, s.s.. Mail). 30th inst For London — Countess of Klntore, ship, 21st instant; Ferndale, barque, City of Auckland, ship, early For Navigators Islands — Kenilworlh, schooner, at once For Kaipara and Oamaru—Mera, schooner, at once For Newcastle—Glimpse, barque, early

VESSELS EXPECTED.

Tarauaki, s s , from the South, Thursday Hero, s s , from Sydney, about the 23rd instant Macgrpgor, s.s , froni Sydney, about the 30th instant Victoria, s.s, from Sydney, early City of Melbourne, s.s., (inward' Frisco Mail), early blackbird, s s , from Pydney, early Papua, schooner, from Rarotonga Ivanhos, schooner, from Levuka Southern Cross. Mission schooner, from South Sea Islands, early Edith Rose, barqne, from New York; sailed Sept. 10 Stanley Castle, barque, from Loncfbn ; sailed 9th July Hydaspes. ship, from London ; sailed August 8 Assaye, shin, from London ; sailed August Waitingi, ship, from London ; sailed August 1 Memento, barque, from Newcastle, early Dauntless (Hawaiian schooner), from New Caledonia, early Pakeha, brig, from Oamaru, early Pearl, ketch, from South Sei Islands, early Chocola, barque, from San Francisco ; sailed Sept. 10 Rapido. barque, from New York.via Adelaide, loading Dauntless, topsail schooner, from New Caledonia, early

The change of weather has enabled the coasters lying harboured in the Manakau to proceed to sea. The schooner Amaranthe for Kaipara, and the cutter Hero for Raglan, took their departure last night. The s.s. Southern Cross, Captain Sellars, arrived from Tauranga early this morning after a fine-weather passage. She left yes terday morning, and as usual called at Mercury Bay. She brings 'the following passengers : Miss Irving, Miss Kempthorne, Mrs Oliver, Mrs Taipara^ Miss Ford, Captain Tonks, Messrs Kelly, Bates, Bennett, Ward, Morfetle, Rogan, Howard, Wilson, Smith, Keal, and Foss.

The brig Rio Loge has hauled into the berth vacated by the City of Auckland, and has been busily engaged to-day putting out her cargo.

_ The brig Vision is discharging on the west side of the wharf.

The Chanticleer has nearly completed the discharge of her Hobart Town cargo. She will probably haul away to-morrow.

The ship Zealandia will not be able to come alongside till room is made for her by the clearing away of the barque Glimpse and the brig Chanticleer. We shall probably see her in by Wednesday morning. After discharg ing she is to proceed to Dunedin to load home with wool.

Messrs Holmes Bros, new steamer Manaia had a very rough time of it after leaving here for the Thames on Friday at midnight. She was six hours reaching the Sandspit, and after passing it could make no headway at all. Drawing so little water she rolled about un mercifully on the top of the waves, and her steering was very defestive. After a horse

had been washed overboard it was deemed advisable to put back to the lee of Cham berlain's Island, where the steamer was anchored. On the HauraH passing the pas sengers were transferred to her, and came back to town.

The s.s. Taranaki, due to-day, is not expected till Thursday next owing to being detained in Wellington looking after the s.s. Eangitira, which ran short of coal in going from Napier to Wellington. She will probably sail again on Saturday.

The captain of the Magellan Cloud reports the brig Tower Hill lying at Hicks' Bay on the 16th instant. She was then 37 days out from Lyttelton. The brigantine Helena, schooners Julius Vogel, Atalanta, Columbia, Effie Meikle, and a ketch supposed to be the Clematis, were also lying there windbound at the same time.

The schooners Colonist and Mary Melville left Napier for this port on Friday last.

The ship Waikato, and the barque East Lothian, after lying in the stream for some time completing their cargoes took their departures yesterday for Dunedin and Lyttelton respectively.

The schooner Albatross arrived from Napier In ballast on Saturday evening. She left port on the 2nd, but has been compelled to remain in Hick's Bay from the 4th to the 14th in consequence of the heavy weather. The Albatross is to proceed to Wangapoua to load timber for Napier. She has cleared at the Customs to-day with 65,000 feet. The schooner Rover from the East Coast has entered at the Customs with a cargo of wool, maize and general produce. The Kenilworth cleared at the Customs to-day with a cargo of timber and horses for Tonga. She is to sail to-morrow morning. The Mary Melville arrived to-day at Mer cury Bay. She made the great run of forty hours.

The brigantine Magellan Cloud arrived from the Chatham Islands on Saturday night, and anchored off Orakei to land her cattle. Owing to the rough weather ex perienced on the voyage no less than 150 out of 400 sheep have died. Captain Couch has furnished the following report :—Left

Auckland August 7, and Mercury Bay on the lOfch. Arrived at the Chathama on the 21st, and anchored in Waitangi Bay. Was compelled, however, to put to sea again in consequence of the wind coming down strong from the westward. The weather moderating, put into the bay next day. Remained cruis ing round the island on and off for five weeks. Left Waitangi on the 26th September, and made the East Cape on the 9th October, during a heavy gale from the westward. Attempted twice to seek shelter in Hicks' Bay, but on each occasion was blown away to sea. Put into Open Bay on the 12th. Left again next day, and encountered a perfect hurricane. Was compelled to run to Hicks' Bay, where she anchored till the 16th. Proceeded on her voyage on the weather moderating, and arrived as above. Passengers :—Mrs Grundry and child, Mr Hood, and Ngakiki (Maori).

The A.S.P. Co.'s steamship Star of the South arrived from Southern ports, via Napier, yesterday morning. She experienced a heavy S.E. gale off Cape Campbell on the 9fch. After leaving Wellington on the 12th, during a stiff breeze off Castle Point, her crank shaft broke, and Napier was gained under canvas on the 13th. Left on the 16th at 10.30 a.m. after effecting temporary re pairs. After passing the East Cape en countered strong S.E. gale with heavy rain. .Arrived at 3 a.m. on Sunday. Passengers : Messrs Coates, Sherrin, Bonny ; Mrs Welch. Steerage 3, and 4 for Levuka. The s.s. Ladybird left the Manukau for the South yesterday with a general cargo, and the following passengers :—Saloon : Mr J. Grange, Mrs and Miss Grindley, Messrs J. Maddocks, Adair, S. Clayton, Lewis, i Reynolds, Seed, Matheson, Jackson, Adair, H. Davis, steerage 4, 1 member of the I Armed Constabulary with prisoner.

CHIEF POST-OFFICE, AUCKLAND.

Mails will Close as .follows: — For Thames, this day, at 5.30 p.m., and to-morrow, at 10.30 am. For Coromandel, on Wednesday text, at 11 a m, For Whitiangi, Tairua. Opotiki, and Napier, via Tauranga, per Southern Crosi, this day, at i p.m. For Kawau and Matakana, per Lady Bowen, to-

moi.oiv, at 10 a.m. For lie\aka, Fiji, per Star of the South, tOTinorrow, at 11 a m. For Taranrti and Southern provinces, per Taranaki,

on Thursday next For the undermentioned places per s.s. Macgregor, on Friday, 3 )th instant, as under. — For Fiji, Sandwich Islands, United Staie3 of America, B;"tish and Foreign West Indies, Canada. British Columbia, Central and South America, at 12.30 p.m. For the United Kingdom and Continent of Europe, at 12 30 p.m.

Frr money orders, registered [letters, and news papers, at 11 a.m.

Late letters bearing an extra fee of Gd in addition to the poslage, will be received by the Mall Agent on board the steamer up to time of sai'ng.

S. B. Biss, Chief Postmaster.

MARRIAGES.

Catioo—Campbei/l—On the 16th inst, at St James' Preabytfeiian Church, Auckland', by ltev R. F. Macnicol, David M. Cargo, of Belfast, to Mary Jane, only daughter of the late William Campbell, Esq , of Summerhill House, Corcreany, County Down, Ireland.

BIRTH. Pearce—On the 16th inst, at "Woodbine Cottage, Pa.aell, the wife of Mark Pearce, of a daughter.

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

MONDAY, OCTOBER 19, 1374.

Tor the cause that lacks assistance, / , m or the moujc that needs resistance. JPor the future in the distance. •' Aad tho g«od that we can do.

The electors of Eden are now called upon to choose a representative to the Provincial Council, and two candidates woo the sweet voices of the constituency. This is different from the peculiar state of things witnessed at the last election, when proceedings were delayed for a considerable time for very lack of a second candidate who would consent to accept the honor of a seat in Council as representative of the district. On that occasion, as on this, Mr Joseph May was understood to be desirous of representing the district, but whether from entire in difference to the whole thing, or from attend ing so little about the matter as to have forgotten the day, that gentleman did not put in an appearance at the hustings, and had it not been by a providential dispensa tion that Mr William Buckland was riding along that way we do not know what might not have happened. Mr Buckland remain ing on horseback was, after a reluctant consent, proposed, seconded, and unani mously elected, and in this singular fashion the constituency got a very able and excellent representative. But the in cident shows what a difference is made by differemt circumstances, for on this occasion we have no doubt that neither will

the day be overlooked nor the electors treated with discourtesy. We do not say that Mr May will resort to extreme election | eering effort, for that is not in the character [of Mr May, and we do not hesitate to say that the esteem in which he is generally held will not improbably prove an able electioneering agenoy in hia favour. But we do say that a powerful effort will be made by some to keep Mr Rees from entering public life, and that it will not be from lack of effort against him if he is returned on polling day. We go farther, and say that it is more than probable bad Mr Eeea not presented

himself Mr May would not have been brought out, but would have been allowed to rest contented, as we have no doubt he is con tented with the higher honor of a seat in the General Assembly. ButMrßeesisanawkward person in public life. He speaks too plainly, and he is entirely too difficult to put down with the awe of prestige and power. He has altogether too many bristles, and cannot be handled tenderly, and has a vicious habit of calling a spade a spade. His entrance there" fore into public life even in the humbler sphere of the Provincial Council is not to be tolerated, as it would naturally be the school in which he would train himself for the higher sphere of colonial politics. And there he is not wanted at all, at all. With respect to the candidature of Mr May we have not one word to say against that gentleman. By his best friends he is admitted to be self opinionated and obstinate, but there are worse faults than that in 'politicians, and if we had more men in public life who had honest opinions of their own, and stood by them despite the blandishments and worse, that generate public corruption, it would be all the better for us. But this is not a contest between Mr May and Mr Rees, but the question for the electors is whether a determined effort to repel Mr Rees from public life, and to put him down for his fearless resistance to wrong, will be successful or otherwise. There are those who would sooner see the Prince of Darkness enter our legislatures than Mr Rees, because the devil would connive at little jobs, and Mr Rees won't. Mr Rees has qualifications that fit him for taking a proud position in any legislature in the land, and these are not the times for repelling such a man when he is willing to place his talents at the service of tbe people. Mr Joseph May at present holds the honorable trust of a seat in Parliament. That we think should satisfy any reasonable man, and we are sure he does not grudge to Mr Rees the humbler honour of a seat in the Provincial Council in which to make himself familiar with the working of Pro vincial institutions, and the better qualify himself for a seat in tho higher legis lature to which we believe Mr Rees will ultimately aspire. We say this of Mr May's personal feelings. But then as we have said, there are others interested in this elec tion, and conte gui coute Mr Rees must bo repelled from public life. It will rest with the electors of Eden to pronounce on this, and we feel confident that they will pro nounce for fearlessness and independence.

To-morrow (Tuesday) evening a soiree will be held in tho Newton Congregational school-room in aid of the Sunday-school funds. After tea a public meeting will be held, at which J. C. Firth, Esq., will preside. Several addresses will be delivered by gen tlemen who take a special in^rest in Sunday school work, and during the evening the children of the school choir will sing hymns and anthems with musical accompaniments.

The first Saturday evening lodge meeting by the members of the Good Intent was held in Edwardes-street on Saturday even ing, but the rain prevented many persons from attending. Mr Tremain occupied the chair, and introduced the proceeding, which consisted of readings, dramatic extracts from Shakespeare, and several songs.

A contemporary repeats a very old report that Mr Sims Reeves intends to retire from professional life, which report has long since been contradicted in the London journals by the great singer himself.

Mr Rees announces his intention of ad dressing the electors of the county of Fden to morrow evening, in the Newmarket Presby terian school-room ; on Thursday evening at the Mount Eden school-room, and on Friday evening at the Mount Albert school-room.

A special meeting will be held to-morrow by the members of the Grand Lodge of the Loyal Orange Institution, in Wellesley-street. The business chiefly to be the authorization of the disposal of the property of the institution.

The St. Patrick's Juvenile Society's Ar Union in aid of the funds has been post poned until the 19th of November.

The members of the St. James' Mutual Improvement Association will devote this evening to elocutionary exercises. The meeting will be held in the vestry of St. James' Presbyterian Church, to which strangers are invited.

At the close of the three services yesterday at the Newton Congregational Sunday School the collections amounted to £20 2s 6d. The preachers were th 9 Revs. A. Reid and War low Davies, M.A. The afternoon address to parents was delivered by Rev. G. H. Turner.

Upon the condition of the settlements North of Auckland a correspondent thus writes : " Sir, —I have been aware for some time past that these Northern districts have been pushing themselves into a position of importance, and that the general attention of the Southern provinces was being drawn to the rapidly increasing prosperity of the North, and also that capitalists and merchants have been investing largely in this hitherto neglected quarter. The prosperity of the North lies in this : that there are numbers of enterprising men up here, not perhaps those who would be called capital ists, but men with a sufficiency of money to carry out a well looking enterprise. Among those there could not be found a more enterprising, proficient, and thoroughly business master of a ship-yard than Mr John Darrach, of Mahurangi. Year after year vessels of various sizes are launched from his yard, thus causing the constant employ ment of a large amount of skilled labour, and the circulation of considerable quantities of the pith of life. It is not customary for Mr Darrach to have rejoicings over the launch of every new vessel, but to-day a special interest was excited in consequence of the launch of the splendid brigan tine Agnes, being built to the order of Mr George Short, who is well known and well appreciated here. Un bounded hospitality was the order of the day, and despite the inclement weather a great gathering of beauty and worth calls extra attention to the launch. Athletic exercises, foot races, hurdle jumping, and various out door games kept all in a state of excite ment until the dancing began, then all gave way to this, and until the grey dawn little else was heard but the sweet strains of music and the pattering of feet. Mr Darrach (assisted by four sons, all fully accomplished ship-builders) has now on order a large brig antine of 160 tons for Mr G. W. Owen, a more beautiful model in every point I never saw than for this vessel, and I believe that any judge of symmetry and lines for speed must agree with me on seeing it. This model ought, and I hope will be, exhibited eventually in Auckland aa an elaborate work

of art."

I A curious thief-trap has been adopted by one of the book - sellers of Melbourne. A brick is wrapped in brown paper, and this is connected by a string with a pile of books, so that if the brick is removed the books are thrown down, a circumstance which is sure i to attract attention to the culprit. |

A remarkable death occurred at Campbell s Creek, Australia, the other day. A man named Heniy Wadsworth, who had for some time suffered from dropsy, attempted to tap himself, but he unfortunately pushed the blade into his bowels, the result being that he died in a very short time.

The members of the Victoria Company A.R.V. are warned to attend the Govern ment monthly inspection parade to-morrow evening at half-past seven.

The harbour authorities are proceeding rapidly with the repairs to the wharf. Tn its restored condition its direction will be slightly altered so as to bring it more nearly in a line with the end of Queen-street ._ This will be accomplished by gradually widening it on the west side from tho North Shore Ferry tee to the waterman's steps.

A vessel freighted by the French Govern ment was to sail on July 29 from Bordeaux, with 60 women from different houses of cor rection, who had expressed a willingness to contract marriage with convicts of New Caledonia.

An atrocious act of cruelty was perpetrated the other day near Ballarat. A goat got into the garden of an individual, who scarcely deserves the name of man, as he went into his house, heated a poker red hot, and after capturing the goat thrust the red hot poker down its throat.

A man who has been frightening people in Hawthorn, Australia, by going about at night in a white sheet as a gho3t was found deai the other day in. a waterhole at Boroon dara. He was supposed to ba insane.

As some workmen were removing a house at Shoalbaven, N.S.W., lately they were startled by a shower of loose sovereigns, which came down "fast and furious" for some minutes. The sovereigns, which were all of the old English stamp, were found to exceed 1,000 in number.

The anniversary services of the Newton Congregational Sunday-school were held yesterday. Eloquent sermons were preached in the morning by the Rev. A. Reid, in the afternoon by Rev. G. H. Turner, and in the evening by Rev. Warlow Davies, M. A. The collection amounted to the handsome sum of £20 2s Gd. The singing was much admired, being perfect in time and tune. The bass and tenor parts were well sustained, evidently the work of careful training. Mr Enoch Wood presided at the harmonium, and led the singing. The attendance at each service was exceedingly good. If the same spirit pervades the Newton people to-morrow we predict for them a most successful soiree.

The attendance at the Prince of Wales Theatre on Saturday last was exceedingly limited to witness tho production of " Our American Cousin." The role of Asa Trench aid was personated by Mr F. M. Bates, and evidently not to the satisfaction of those present, as during tho piece numbers of ptsrEons lefb the theatre. For our own part we must say that the rendering of the charac ter was not calculated to add to nor support the fame that bad preceded Mr Bate 3as an actor. Mr DeLias, we understand, has terminated his engagement with the company.

At the fortnightly meeting of the Ciby Council to-day the business transacted was unimportant. The Mayor announced that the gas difficulty was settled, and the night soil question in a fair way of settlement. Con cessions were granted Mr Merril, Messrs Henderson and Macfarlane, and Mr Joseph Craig. An application from Mr Greenwood for permission to hold a concert in the market was held over for fuller particulars. The use of a piece of ground for keeping a cow was granted to tbo committee of the Home for Neglected and Destitute Children. Captain Daldy, in reference to the £15,000 due on account of Old City Board Loan Debentures, said he was of opinion that there was a discreditable mystery which out to be explained. He moved that the Council inform the Provincial Government they would only bo responsible for the sum of between four and five thousand pounds, which they were led to believe would be required unless they were furnished by Tuesday with all deeds and documents con nected with tho loan. The City Surveyor's report mentioned the progress of several im provements. It announced that notice had been given for the removal of Noah's Ark.

COMMERCIAL.

Ihere was a large attendance at the sale of fruit ex Edith at Messrs Grant and Morton's to-day. Cocoanuts realised 17a per 100 • Bra?fr 12 A 3.^\ A°Zen ' bananas,' dd per lb. ; dried bananas, s!d. Oranges withdrawn at auction j a large portion S been placed privately ls p | r d o Zea . nas j

THOUGHTS FROM THE PULPIT.

At the church of All Saints' yesterday morning the service was conducted by tho minister, Rev. E. N. Bree, and the sermon preached by Rev. R. Burrows. The rev. gentleman delivered a practical and instruc tive discourse from the gospel of St. John, chap. xr. verses 1 and 2. "I am tho true vine and My Father, is the husbandman. Every branch in me that beareth not fruit he taketh away; and every branch that beareth fruit he purgeth it that it may bring forth more fruit." The preacher commenced by remarking upon the many parables in the hew Testament as our Saviour's mode of teaching the people among whom he minis tered, in order that His lessons might be the more acceptable when illustrated by natural scenes and circumstances. It was so in the parable of the vine, which formed the subject of the text. We live in an age when the branches of the vine are over all lands, but we must not be unmind ful of the spirit and meaning of the parable, but make such a goodly use of it 3 lessons, as to cause them to spring up and bear fruit in our lives. Persons who without a renewing of the heart merely receive the truths of Christianity on the superficialities of the old nature which have not lasting influences. Testing tiials, however, are the method of the Divine government, and discipline the order of Christ's rule. The religion which does not go further than the surface soon fades away. Good men of all times attached themselves to the true vine, and became useful branches ; others there have been who have formed themselves into sects, and called themselves branches, but lacking the true spirit and culture of the vine-dresser havo withered away. The preacher then gave a beautiful description of the natural vine, with its branches and foliage, as repre senting the higher life and destiny of the soul, and shewed how closely the mystery of nature corresponds with the greater mystery of grace. Many persons have outward profession without inward principle ; they are merely nominal Christians, and must be classed among the fruitless and unprofitable branches. He then described the purging of the bearing branches, that they may bring forth more fruit. The measures adopted by the vine-dresser in applying the instrument of affliction to these branches of Christ's church might not be pleasant, but these affietions or prunings were done in mercy for the pur pose of preparing the mind for the more perfect fruit of righteousness we often cling to, and twine around evils, which are cv'

in tendencies ; these are often cut away by the hand of love We are indebted to such afflictions for many of the noblest writings in our language. Afflictions are the means by which the heavenly vine-dresser disciplines his children for that condition of happiness J which Christ is gone to prepare for them. f At St Mary's, Parnell, Archdeacon Maun -5 sell preached in the morning from the text "My grace is sufficient for thee." Towards the conclusion of his discourse the venerable 'doctor introduced a somewhat singular ( anecdote illustrative of the efficacy of Divine grace. While he was among the Maoris he had a native man on the station with him

who had shown special attention to his Bible. One day when this Maori was going into his whare he found his wife and anotherl

man together under circumstances which

mast have been peculiarly distressing to him self. Instead of killing them both and robbing them as he was allowed to do by Maori law, the injured husband simply

turned his back and walked away to another whare, where he occupied himself reading the psalms till he met the, relator of the story, and told him his troubles and obtained spiritual consolation. Without wishing to appear irreverent we must say we are at issue with the learned Archdeacon as to the good effect of Christianity in this case. We do not think that man an example to be copied who could look on such a sight, without wanting something more than spiri tual consolation. Without exactly saying that he should have availed himself of the immunity which not only the Maori but the English law allows to homicide under such circumstances, we are inclined to think tuac a moderate application of boot leather would nob have been inconsistent with manliness or Christian clemency. But there is just the possibility that the cuckold was bare-footed.

POLICE COURT.—This Day.

(Before W. 0. Daldy and Thomas Macffariane, Esqs., Justices of the Peace.) A CARELESS FATHER.

William Halliday was brought up on a warrant charging him with neglecting to contribute towards the support of his two children now in the Home for neglected children. , Defendant said he had been ill for some time. . ~ Mr Broham said that Halliday was in the Hospital and his wife in gaol at the time the children were admitted. Defendant was an old soldier, and had been employed as a cook; his arrears were now £15. The case was remanded until to-morrow morning to allow defendant to see Colonel Haultain, and ascertain if defendant's pension can be transferred for the benefit of his children until the arrears be paid.

LEA VINO A HORSE AND CART. Henry Eddes was fined 5s for allowing his horse and cart to remain unattended in Queen-street on the 9th instant.

THE UNDUE USE OF A USEFUL MEMBER. _ Sarah Anne Conway was charged with threatening Kitty Hepperman, a very modest young person. Mr Keatley appeared for defendant, and pleaded guilty. Kitty said that she did not wish to make any disclosures about the matter, but would say that they were terrible. She only wished for protection. The Bench said that defendant must find sureties-her husband in £10, and one in £5, to keep the peace for six months. Mr Koightley made a strong appeal to the Bench to lessen the amount of sureties, as his client was not morally guilty. He pleaded guilty to spare the feelings of the Court.

The Bench said that too much time was taken up iv women's quarrels, which were now becoming so frequent that females in general must be taught to bridle their tongues. The decision could not be altered.

Eliza Simmons, for threatening to punch the head of Honora Fowler on the 14th, was settled out of Court; also the case Bridget Williams for .threatening to settle at once and for ever the mortal career of Thomas Williams on the 15th instant.

This was all the business.

SUPREME COURT.—This Day.

CRIMINAL SESSIONS.

Libel Case.

THE QUEEN V. REED & BRETT,

(Before His Honor Sir George A. Arjtey,

Knight, Chief Justioe.)

His Honor took his seat on the Bench at 10 o'clock, when there was a large muster of spectators assembled in the Court.

THE SPECIAL JURY.

The following gentlemen were sworn in Special Jurymen :—Messrs R. C. Taylor, Jas. Dilworth, J. C. Firth, R, Walker, T. T. Masefield, C. W. Pye, 0. Tothill, W. T. J. Bell, W. J. Taylor, E. Bartley, T. B. Cameron, B. Ireland.

Mr J. C. Firth was chosen foreman

THE CAUSE OF ACTION,

This action was a criminal one for libel founded on certain articles which appeared in the Evening Star of the 9th, 10th, and 11th April, 1874, commenting upon certain remarks made by Captain Fraser in his capacity of Resident Magistrate, at the Thames, while dealing with a charge of specimen-stealing. The plaintiff aad defendants occupied seats near their counsel. Messrs Gillies and Hesketh appeared for Captain Fraser; Mr MacCormick for Mr Reed, and Mr Rees for Mr Brett.

The Deputy-Registrar read over the declaration setting forth the grounds of action. It recapitulated the circumstances under which Manning had been convicted of speci men-stealing and fined £200. It then proceeded to set forth the libel as follows, each article being divided into separate counts :—

. As we are happy to give opportunity for unfolding any views however diffe.ng from our own we gladly give insertion to the following letter, to which we add ■ orr own comments :-" To the Edit ir : Sir,—Begc-d ---ing the case t led at the Thames Police Court on Wednesday last, when Mr Thomas Manning was tried i and convicted on a charge of a breach of ' The Quartz Crushing Regulations,' and fined £200, which severe , fine being unable to pay he had to adopt the alte-aa tive, and ko to gaol for three months with hard labour. It might be well ior the Thames poMce themselves, and for the satisfaction of every person connected with the mining interests of the field, to inquire and to havj a full and sat' factory reply to such inquiry as to how and where Detective Brennan obtpined the 71bs of gold-bearing stone. The whole circumstances of the case have been freely commented upon by miners and others interest d in the mining districts, and have elicit d a profound feeling of d'sgust at the conduct of the po''ce in the matter, as well as a pro found feeling of sympathy with Mr Manning who a though gi-ilty of a breach of the law, was, to say theler-t, brought to tho bar of justice through under handed means n a scapegoat for others. The remarks of the magistrate in delivering the sentence which though harsh, wa3 unavoidable, merit the approval of every lover of fair p'-,y. Tho simple question now is —if the stone was stolen, who stole it? The informer Crss or the detective, JJrennan?-A Thames Minks. ' —As thi3 is a free country we may be permitted to express our own views on this subject, and this we do without obscurity or prevarication, and we do not Imitate to say that the magistrate who showed such a sympathy with ciime as to censure the police in the circumstances to win the plaudits of the roughs in Court is a di-grace to the bench, and should be deprived of Her Majesty's Commission The offence of Manning was one exceedingly difficult to detect ana Detective Brennan took the only means available for its discovery. We are aware how deep the sympathy felt by scoundrels for this spec men steal lag, and we cannot but express our extreme surprise that a magistiato whose sympathies should be on the side of law and honesty should have deliberately pandered to the lowest principles of the lowest canaille at the Thames. We trust that the magistrate's conduct win be represented at headquarters, and that he will AeC! lV?u reo °Kn tion wh»ch such conduct deserves as to the senseless query of our correspondent as to whether the detective or the I iformer" stole "■ the specimens, we have only to say that we do not see any necessity for the supposition of their having been stolen at all. Probably, however, our correspondent's experiences m that direction may lead Aim to a different conclusion.—Apr.'. 9, 1874.

Keferring ag^.n to the letter in last night's tl T 9 A\Z nfJ t6 MThames Maß«t^te's remarks n the quartz-crushing cse, we notice that the -Tiff ™? m™bla S t on the conviction, says! Ihe whole circumstances of the case have been freely commented - upon by miners and others wJSM U* m!?*?.* aDd haVe elicited a profound feeling of disgust at the conduct of the i Pni ™ '? the I? a"er- ." the police have aroused the indignat on of the miners they have .ecured the sj mpathies and the gratitude of the shareholders who 111 Wl*h,f r? at Patience, and at great expense developed their mines for the benefit of such nice little crushing arrangements as we had a specimen of in the case in question. The system of specimen stea ing had assumed such magnitude, and X I earned on with such secrecy by the aid of these K t e % C fi T, Sl} ingPiaQt3'that tlle Principal compSes on the field formed an association and offered liberal rewards toi the> police or others who would aid them in bringing the thieves to j ustice. The police have had nfl! re Taatt t ™lffloUlt-T t gettin« at soms of «»« pest Sm&i?.?!^ f »Slly bl understood that the men who get their •/haul" crushed at then places were not likely to " split" on their accomplices. Had the* done so they would have "spit" upon thlmselveT The specimen crushers therefore knew they wew 111 c

and could crush with Impunity all the grist that came j to their m'lls. Under these circumstances the police j were peifectly jos'ifled in the course of action they pursued in the cure of Manning. They did nothing more than the police in Auckland have repeatedly done to secure conviction under the " Licensing Act,' audit such action isjuHtifiable in the one case why not in the other ? If the polico, in taking such means to bring home gttilt to persons who have offended against the Licensing Act, have not brought forth the opprobrium, but have secured the applause of the community, why should they bo branded with reproacn for taking the same means to secure conviction under the Quartz-Crushing ' Ant. Re?i lent Magistrate Fra*er may be able to tell w hy—we cannot. In reference to our correspondent's insinuation that Detective B enn»n stole the qua'tz specimens th<the sent to Manning's mill, it is suffi cient to say that the Association before referred, to will, we have no doubt, gladly answer for the detec tive'in th-t matter. We would fain say a word on Be-ident Magistrate Fraset's righteous howl, but we are afraid to trust our pen to write of his conduct Vedly we would rather stand in the detective"s place on the floor of the Court tlun sit in the Magistrate's chair and be thi author of such a magisterial homily on justice and manliness as that which fell from the lips of the just discerner between right and wrong on the occasion referred to. Such a homiiy must have aye y injurious effect on the minds of the specimen stealing gentlemen—a higher than the canaille I\. will send them fo;th to their nefarious practices with renewed courage ; it will stimulate to greater boldness in ''making plants" of specimens, and the result will be that the be?t interest! of the best mines will suffer Resident Magistrate Eraser's flvi years of magis terial experience have not bestowed upon him an undue amour.t of magisterial prudence. We cannot conceive anything more mischievous in its tendency to injure the best interests of Thames Goldflelds than that injudicious homily of the Thames Magistrate. Surely th<s gentleman forgot where he was sitting. If he did it is not too late for him to make the amende honorable to a class of men whom ha has unjustly and unwarrantably maligned, and by whose diligence and tact a growing and a serious evil has been receiving a check on tin Thame3 goldfield, We do sincerely lnpe that the Minister of Justice, if there it such an officer now in existence in New Zealand for in case of his non-existence) the Govornment will institute an enquiry into the conduct of Mr Fraser. H« is popular, we know at the Thames; and, in in advocating this course we know we shall aive offeace But if his popularity has been gained by pandering in this way to the lawlefs smtiments of the rabble that popularity i 3 a reproach to the administration of justice ; and as we ere not for the smile or frown of man or devil we do not hesitate to reiterate that any Magistrate for such an act should be -visited wbh sevprity by the Government of the colony.—April 10,1874.

We read in the telaerams of thi3 morning's Herald that the Thames Star has esnoused the cause of the specimen-st°alers and their magisterial sympathiser, Mr Fraser ; and in doing so deals heavily with us in its own small way. We are not surprised at this, for that wretched little paper which disgraces us by bearicg our name owes its existence to spenimen-stealers, and the continued action of the police in the course now adopted would drive from the goldfield its chief patrons and supporters As the Thames Advertiser, the Daily Southern Cross, the New Zealand Herald, and this journal have all given utterance to the instinctive feeling.? of honest men, it is perhaps fair that the rogues should have an organ, and irrespectvie of the fact that we believe Mr Fia=er to be himself the writer of the article in question, it is wholly natural that the speeimen-stealersshouldhave an advocate in the Thames Star. It is quite unneces sary for us to enter into any argument to show the necassity that there was for the police to take such a course if it was desired at all to stay the work of crushing stolen specimens. Of course if it is not desired generally, as it evidently is not by some, then tbe police should be censured for allowing their zeal for honesty to outstrip the public will. But as in ordinary cases the quartz-crusber and the thief are bound alike to absolute secrecy by a common danger, as any scrupulousness on the part of the crusher will only drive away a customer, and deter other customers of a similar cla-s from coming, if the police must fumble their batons till a case of guilt com^s into their hands, they are likely to wait about as long as till Mr Fraser is ma'e a judge We do not hesitate to say that there is not an honest man in Auckland pro vince Hut approves of the action of the police, and will rejoice that an evidently habitual offender like Manning ha? been trapped, and we have equal confi dence in asserting that it is the duty of the Govern ment to enquire into the conduct of the Resident Magis:rate, and consider whether in the circumstances it might not be advisable that he should be removed to some other sphere, not by way of punishment, but to effect a separation between him and a class of persons whose friendship and apolause he evi dently courts. As a specimen cf the logic where with their' organ defends the thieves, and condemns the action of the police. w« give the follow ing fiom the Thames Star:— "The police ware guilty of procuring the commission of two crimes because they 'sufpected' a man of being guilty of OTe, so that if the principle were carried out in other directions men might be tempted t) seal specimens in order to affoid proof that specimens w«re stolen." If any one will explain to us the meaning of the writer or the connection cf h<s inferences w* shell plead euilty to crass stupidity. If tbe thieves' oracle means any^hin? Xt all it is that it is a crime even to "suspect" one «f its protrges. But the article proceeds, " The principle is opposed to >-very axiom of English jurisprudence to do anything whi h would lead to the commission of (rim?, especially when the end s >ught i 3 to prove tie character of the policjfcr smartr,cs<" We shruld like to know any one axio-n of English jurisprudence, unless it be in Ih; thieves code, which is antagonistic to the traipiug of thieves ; and there are f?.w who do r;ot know how common ii is for example to send a marked money let.er through the Post-office, although in this as in similar cases then? is something more important sought than the object mentioned"in the Thames Star's remarkable anti-climax, proving "the cha-acter of the police for smartness." We feel, however, the difficulty of carrying on an argument with our small contemporary. We reason from a different stand point. Our premises are based on different codes of ethics. Theirs are of the moral principles of New/ate, ours of honest men. The little organ of the thieves tv.lts u» with pandering " to the prejudices of Auckland speculators." Heaven knows we bear down often and heavily enough on "Auckland speculators ;" and if they have any gratitude in their souls wa lay no claim to it. But bad as they may be we re>pect the "prejudices" of these or any other men when these "prejudices" are simply "preju dices" against being robbed. Hundreds of our small Thames contempora./s patrons who haye borne the gard of simple working miners have gone heme to Eagland laden with the spoils of shareholders, and if these shareholders lave an objection to this, upon our honor we respect their prejudices. This action of Mr Fraser's has been a very dirty business and the more, he stirs it up by writing in the press the more unsavoury the stench.—April 11,1874.

A general plea of "Not Guilty" had been e ntered.

The charge briefly stated was as follows :— "That the above articles were published by George McCullaghl Reed and Henry Brett, unlawfully, wickedly, and maliciously con triving and intending to injure, vilify and prejudice the said William Fraser in his good name, fame and credit, and to bring him into great hatred, contempt and disgrace for his said comments, remarks and action in con nection with the said charge against the said Thomas Manning, and to injure and dis grace him in his official capacity as such Resident Magistrate as aforesaid in the esti mation of the public and the Government of the said colony, and to insinuate and cause it *obe suspected arid believed that the said William Eraser improperly sympathised and sympathises with stealers of quartz containing gold, and had encouraged and stimulated stealers of quartz specimens containing gold and was and is a disgrace to the Bench of Magistrates, and cause him to be deprived of his office as such Resident Magistrate."

MR HESHETH'S OPENING.

Mr Hesketh, in opening the case, said that before going into the case, and the evidence supporting it, he would make one or two re marks. When a man felt he had been libelled he might either enter an action for damages or enter a prosecution in the Police Court! or apply to the Supreme Court for leave to file a criminal information. This had been done in the present case, and they would see that the Court had granted that ffi an<* the information as they had seen had been filed, not by the plaintiff, but by the Registrar This shewed that a prima facie P^ll ad ibeeQ 1 eSt, a! jlislied- In <*c P^sent £X-»f i CaV! had been Brante<3. The defen dants had not opposed the rule. Whether they did so because they had no grounds for opposing it, or preferred to leave it to a jury, he could not say, but if they bad good grounds for opposing it he thought they would have done so with out allowing lt to go to the jury, and so have saved expense. What the prose cution had to do he apprehended wag to show that those articles were published and that they bore the construction put upoA them. The language was so plain that it did not reqmre much inference to explain it. He would point out what evidence could be put in supporting the plea of not guilty He main tamed that the only defence^whfch they 3 v ßeJr up was thafc the articles were not i pish^ dr at- a11? orth oat they we™ STpS it hf JSr° USl£ ?° far aa h* understood the law they could not plead the truth of the truth J„i J" ?? S°, lon S a2° that » P^a of 2,°°^ .not be pleaded at all in answer to a libel, but ]ournalists had now the privilege of doing so The defendants, however kh? A Df ?H n the sfcePa necessary und r tbe Act, which required that they should n t only show the truth of the atatemeX ma

but also that their bnMi*** publicgood. .ThepUSSS^fcifc. the fuUest investigation °? ld *A %C matters to which th ?L \_*F*ft earned friend would oppose S*» *& introduce matters whichl rel a ffi aS^ for he maintained that t£Z&*4j acter was not at issue und P * ai ,tt <* d,?' Regarding the question of tt^ pfe cases the proper course waK^s tentidn from the effect *!£ had. No doubt a Z_Zr ** anffl be made of the li be^f dg He thought jt would not T V 1 that such a liberty had existed fort, <St The Courts had supported it, S^M that the jury would not interna ? h<S liberty, but the duty of the&** 3 ment fairly and calmly on the o! 88*o^. the administration of justice . j^t matters, but when the Press'dw licentiousness and maliciousness S? 611 * sary for liberty and good m-a*"l^ newspapers should be made tl *M penalty. Be read some rei^A a recent authority on the rieht ftom Press. The learned gentleman then J, *• articles containing the alleged liK e i dtk* meniing upon them as he procS ** journalists the defendants werefull, 1= *« to discuss in a fair spirit the n___UWm marks, but he appealed to ttffg-a* the language in which the article he" couched constituted fair comment *5? maintained that they bore on the f ° them evidence that the writer mln? 01 been blinded with malice. He w 0 nM J gest to them a similar caie. He rtV"B' know what the evidence for the At °' would be, but assuming that it was .T* evoked Mr Gillies's indignation,ifclSu? the duty of his learned friend tocomS 15 it strongly, but if he gave way to te_\* est intemperance and virulence of l an if calling the defendants rogues and ]jJrs jury would naturally gay that Mr a'nr must have forgotten himself; if, howeveri came there the next morning and reM the same statements they mu3t be drive t the conclusion that his friend was ackw by very strong feelings of malice. He _T tended that the acuon of the police Jft Mr Eraser disapproved of, was 'm ( all parallel to the sending 0 { post letter with money through the offia* nor to the efforts of the police undent1 Licensing Act, because no offence was ml' mittedby simply dropping a letter intoT Post-office, nor in a policeman enteric» hotel after hours; but ths action of If who took the specimens to MannianS, crush, was an offence under the same Acta that which constituted the crushing of brno, mens a crime. After referring in detafto the article sentence by sentence, Mr Hesfctt closed with some remarks on the imports© of the case, which had led to ths snmmonjmi of a special jury to try the cause. Mr Gillies then submitted the newspaper containing the alleged libel, the affidavit filed, and other documents, which were formally received as evidence. J. E. M^cdonald, cross -examined by Mr Gillies: I am a solicitor practising at tie Thames. I have been so for some years. I know William Fraser, Resident Magistrate at the Thames. He has been actingajEe. sident Magistrate for several years at the Thame?. I was present in the Court when T. Manning was tried before himfortheoffence of not enteringinhis booksquartz^TaitoUm to be crushed. I was present whenhe was tried. The result was that Manning -___ fined two hundred pounds, or the alternative of three months' imprisonment. That wag on the Bth April last. I can give the seme of what the Magistrate said. The newspaper report gave almost the very words. It mi published in the Thames Advertiser neit morning. I was counsel for the defendant the cause. (Paper produced, and referred to by witness to refresh his memory.) Witness read the report published in the Advertiser as follows :— " His Worship (Captain Eraser), said that he had now been Resident Magistrate for five years, and this was the first time in which he knew the police to lower themselves by condescending to this method of getting up a case. Ec much regretted that the police found it necessary to resort to this step. He would have been much better pleased to havegOßi on as Resident Magistrate without such J thing having occurred. It was contrary to the spirit of justice, fair play, and right or manly feeling. He considered that the business of the police was to deter id prevent, bub not to induce people to commit crime, for the purpose of making a case against them." He said further that tit conduct of the police was no palliation of the conduct of the prisoner. What I hav?read is, as far as I recollect, a correct reportof what the Resident Magistrate said. (The Evening Star papers containing the alleged libel produced.) When the Resident Magis trate made those remarks, his manner and demeanour would not lead me to believethit there was any desire on his part to sympathise with Manning. On the contrary, IM« never known Captain Fraser pander Jo the lawless sentiments of the rabble. « has been the other way; he expressed him self the other way on this occasion, ufl gave the prisoner so much that w got off altogether except the June » was in prison. These articles in the news papers produced are the articles read byUM Registrar as containing the libel referred to in the information. .. Cross-examined by Mr MacCormict. Manning was recently had up for > ■ biear of " The Quartz Crushing Machines Eep tiod and Inspection Act, 1872." I W*J I the Thames. This was the first case brougn I under the Act. Ido not recollect any m case. There was a case brought by •*** the banks. The regulations came mtoiow some considerable time after the passing; the Act? Ido not know that it was mJaiJ. 1873. I appeared for the koeaSfS the occasion. I called no evideg I said it was no good figgg against conviction. The magistrateinwwj comments immediately after I had closea m address. There was considerable app . in the Court when he made those commen«. The Court is always well filled on those m* sions. The comments of the ma^, were made before the question as w^: alternative of imprisonment. *.* *f' ver these remarks the magistrate said wn he allowed his feelings to carry him og» the law he always got into trouble, i the case hopeless ; the proof -^ rf whelming in my opinion. I have resi the Thames for a considerable time. been a matter of considerable awa_ the facilities given to stealers of spew, rf to get them crushed The Act was w» tojprevent it. "No solicitor appegi prosecution ; it was conducted by M,^ Inspectorßullen was in Court,_ andco" dalso the prosecution. He was a witness, Constable Brennan; there was W> here named Cass, an agent of thes police. . y was a pretty full report of the case a in the Thames Advertiser. l Jrt____c& member an article commenting «" The case caused more stir after w r^ eot the Auckland Bvjbjiso bvtx. m tion was not called to the arf' e ernse r ot Advertiser. lam not a caretin v the papers. I did not notice^mn^ j. ment until after the EVENING W $jg of was present afterwards at tne Captain Eraser's friends. . n i„ e iloO- "' Mr Gillies objected to thejntroa anything referring, to events i? ■. ' curred after the publication °tl^ jfc ffS g Mr MacCormick maintain** esfc imatioo. quite admissible to shovvgin wn*- offence , ihe plaintiff himself held intro^ Ms Gillies again objected to *n ,4 tion of the evidence. .. jioff *%v- His Honor said he could not ugnS ilf proceedings at a meeting heiaw Ttep ] Biii could affect the question of liw^ fterffa rdß. tiff might have acted into creetiy » a but he did not think that couldU* evidenoe of his coadaot vi the P»

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