SHIPPING INTELLIGENCE.

HIGH WATER : ThU evanunr, 2.19; to-mono* taoralng, 2.61 SUN-SKT : Ibli evening, 4.47; BTJN-BI8K: to morrow a ornlng, 7.18 MOON'S AGE: Full moon, 30th, 6.27 a.m.

POST OF AUCKLAND.

ARRIVALS. Amaranth, schooner, from Kaipara, in the Manukau Wellington, s.s., Carey, from the South

DEPARTURES. Southern Cross, s.s., Holmes, for Sapier

PROJECTED DEPARTURES.

For Sydney—Victoria, s.s., three days after arrival For London —Hylton Castle, barque, early For Kandayu—Macgregor, s.s., (English Mail), 6th

July For Portland, Oregon—TTuntly Castle, ship, early For New Caledonia — Dauntless, schooner,

. (Hawaiian) For Lyttelton—P.C.E.. barque, Flirt, brigantine, and

Ryno, brigantine, early For Wellington—H.M.S. Blanche, early For New York—Florence, barque, at once .For Newcastle—Glimpsa, barque, early For Calcutta—Rooparell, ship, early

VESSELS EXPECTED.

City of Adelaide, s s., (English Mail), from Kandavu,

over due Luna, p.s., from Wellington, 29th instant, in the

Manukau Macgregor, s.s., from Sydney, sth pros. Victoria, s.s., from Sydney and Melbourne, early James Wishart, ship, from London; sailed 18th March Queen of Nations, ship, from Liverpool, via Belfast; sailed 17th March "William Gifford, barque, from New York, via

Dunedin. Sailed Feb 15 Countess of;Kintore, ship, from London ; sailed 6th April Natal Queen, barque, from Lytteiton ; sailed 22ad Corrido, from Lyttelton ; sailed 22nd Ferndale, b*rque, from London 3ity of Auckland, ship, from London Acacia, barque, from Lyttelton The Isabella, brig, from Newcastle, early Eleanor, barque, from Newcastle, early Thames, barque, from Boston, loading Hylton Castle, barque, from Newcastle, early Edith, schooner, from South Sea Islands, early Pet, barque, from Oamaru, early Elderslle, schooner, from Oamaru, early Albion, brig, from the Kaipara * Freetrader, barque, from Dnnedln Blm Grove, barque, from Sydney, early Hadda, barque, from Dunedin, early Papua, schooner, f rom Rarotonga Tower Hill, brig, from "VVarrnambool Eureka, barque, from Dunedin ; sailed 23rd instant "Wave, brig, from Oamaru

The new steamer Southern Cross was to day transferred from the possession of James Wath, in whose name she was ordered and built, to the A.S.P. Company. She started this afternoon for Napier with her original cargo from Melbourne, and about thirty tons of additional cargo shipped in Auckland. The schooner Gem has cleared for Wanga poa with, ajsmall cargo of stores. She will load timber then for Auckland.

The s.s. Wellington, Capt. Carey, arrived at Onehunga from the South at three o'clock to-day. Owing to the lateness of arrival she will be detained until Saturday.

The ship Loch Awe entered at the Customs this morning

The p.s. Patterson, which left Onehunga for Hokianga yesterday, took a small cargo of flour, &c, and the following passengers :— Mts LewinsoD, Miss Langsford, Messrs E. Lewis, J. Lundon, Archard, Dalgleish, C. Wilson, and one other. The following vessels are shortly due with cargoes consigned to Mr G. W. Binney :— The Tower Hill, brig, from Warrnambool— sailed 15th instant with 200 tons potatoes and 80 kegs butter ; Peb, barque, from Oamaru—sailed Saturday, 20th instant, with grain; EUdeislie, three-masted schooner, from Oamaru —sailed Tuesday, 23rd instant, with grain; Hadda, barque, from Dunedin —to sail to-morrow with grain and Southern produce. The schooner Amaranth, which arrived in the Manukau yesterday, brings 36,000 feet timber for the Union Sash and Door Com pany. We learn that Captain Hargreaves has resigned his position as master of the Lalla Rookh in order to fill the position of chief officer on the nevt steamer Southern Cross. The A. S. P. Company may be congratulated upon having secured the services of such an efficient officer.

COMMERCIAL.

The freehold property in Wyndham-street offered for sale to-day by Messrs Tonks and Co., according to instructions of the proprie tor, Mr P. Darby, was withdrawn at £1,400, as the property was worth at least £1,700.

CALL AND DIVIDEND LIST.

The following are the current calls and dividends payable in the companies named below:— Calls. £ s. d. Date National Bank of N.Z. .. .. 010 0 July Bismarck and French Bepublic 0 10. July 1 White Rose G.M. Co 0 0 6 July 6 WhangaponaG.MCo 010 July 8 °

CHIEF POST OFFICE, AUCKLAND.

Mails will Clohe A8 Dndek :— For Thames, this day, at S.3opm. and to-morrow,

at 10.30 a.m. For Waiwera and Warkworth.'por Lady Bowen, to-

morrow, at 10 a.m. For Napier and Southern provinces, per City o:

Adelaide, six hours after arrival For the undermentioned places, per Wellington, on Friday, 26th instant, as under :—

For India, China, Mediterranean Ports, and Continent of Europe, at 0 a.m For the United Kingdom, via Suez (for letters specially addressed), at 10 a.m. For the United Kingdom, via Brindisi. and late letters for Southern provinces and Melbourne, at 10.30 a.m. For newspapers, at 9 an». For money orders, and registered letters, on Thursday, 25th instant, at 5 p.m. Should a later opportunity offer, Supplementary Mails will be forwarded.

(Signed) S, B. Blßß,sChlef Postmaster.

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

WEDNESDAY, JUNE 24, 1874.

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

We would draw the attention of those who are disposed to doubt the prevalance of speci men stealing to the report of a case heard on Saturday last at Coromandel. A man named Evans, the owner of one of those small machines which are supported almost wholly by crushing specimens, was convicted of a breach of the Act for crushing thirty pounds of specimen-stone which there ia good reason to believe formed part of the valuable spoil from a mine (probably the Union Beach) which, it isj[suspected,?hasisuffered seriously from*this species of robbery. In the present instance, our readers will observe a fictitious name was placed on the machine register, and Inspector Bullen, in opening the case, pointed out how easily a specimen-stealer, even under the present Act, may evade detection by hood-winking the police, if not the machine owner, with an assumed name intended for insertion on the register of the machine where his ill-acquired gains have been manipulated. It devolves upon owners | of machines for their own security to see that the name given is a lona fide one. This is the more easily done on goldfields where the holders of claims or tributes are known, and the question whether any man who applies for crushing facilities may reasonably be supposed to have gold-bearing quartz legally in his possession can readily be determined. We cannot understand why, in the present case, the full penalty provided

by law was not pressed for. We do nob be-1 lieve for one moment that it was beyond the power of Evans, had he chosen, to have given the police such information as would have led to the detection and punishment of the person for whom the specimens were crushed. A penalty of £5 is an absurdity as a deterrent punishment for a crime yielding such enormous gains." The specimens crushed yielded ten ounces of gold, worth probably £30. Assum ing that this is the only parcel Evans has crushed it would pay the man who got the job done to give Evans half the amount realised for the purpose of keeping him quiet, and the transaction would bo a profit able one to both, even, after the £5 fine was paid. Leniency like this is altogether mistaken. Owners of machines know the law, and if they neglect the pre cautions necessary for t^eir own safety they should be made to suffer. A Coromandcl contemporary in certain comments on the case, re-published in another column, suggests the employment of a working detective specially for the detection of this crime. The suggestion, in view of the discouraging diffi culties, that are encountered on every hand in attempting to bring the offenders to justice, is worthy of consideration. Of course the goldfields' journals naturally deprecate in a mild way the idea that the crime is so rife as Auckland people assume it to be. The interests of the field require that confidence in the lona fide working of mines shall not be destroyed, and goldfields' papers, like goldfields' people, think it better to create a false feeling of security than none at all; but when in spite of this desire to put on the best face possible a goldfields paper feels the necessity for paid detectives in mines it re quires no comment of ours to show what is the real opinion of those who daily witness the ups and downs of mines and miners on our goldfieldg.

Notice is given elsewhere that Messrs J. Cosgrave and Co. will close their atom to-morrow for the purpose of marking their stock.

Amont, onr Thames telegrams appears a letter taken from this morning's Advertiser, relative to an alleged attempt to depress Whau stock. Whether the charge is true as applied to the mine in question or not there is beyond doubt a good deal of like rascality at work in connection with scrip speculation. Wo have received the following letter on a similar subject:—"Sir,—Rumours were afloat on 'Change two days ago that an attempt would be made to bring down City of London stock in order that one or two who had sold out foolishly might buy in again at a low price. Jt was then stated that the crushing of the 100 tons stuff, taken from the winze which was sunk to open up the mine, would necessarily be a poor one, and thi3 would supply the desired lever for effecting the disgraceful pur .pose alluded to. by causing a panic among small holders. I was not at all astonished therefore at finding shares in the mine, for which two days ago there were buyers at 325. Gd., quoted in the Thames telegram to the morning papers at 255. Not sales or sellers, but " buyers,"the object evidently being to lead holders un acquainted with facts to believe there had been a sudden fall of six shillings in the stock. I know the mino to be ono of tho best and cheapest properties on the field, and whether the price is 03. or 505., the pecuniary advantages to those who hold aa an investment, as I do, will be the same; but 1 object to rascality which may result in loss to honest Btraight forward people, and I am surprised that the Thames Brokers' Association should have lent itself to such a nefarious proceeding. Aa I am acquainted with the names of the promoters of this swindle I may trouble you with their names on a future occasion.— Yours, &3., An Investor.

The present state of Custom-house-street is simply abominable, and cries out for imme diate alteration. There can be scarcely a doubt that the sea of mud which has to be waded through to get to the railway station is operating very prejudicially to the in terests of the railway, for no one unless com pelled by urgent business, would be likely to invite being splashed and bedaubed from head to foot. It is all very well for the city authorities to say they tkey are going to have a path made. We have had several in stances lately of the value of these pro mises of improvement. Witness Wyndham street. for the repair of which money was voted some months ago, and which has not been touched. Witness the Parnell ap proaches, which have been humbugged |in ex actly the same manner. The Corporation's promises very much resemble the proverbial pie-crust. The utmost that can be expected to result from them is that towards the end of the winter, when the worst has been en dured, something will be done. But it is now, at once, while the rain is pour ing dowa and the street is full of mud that the reformation is required. Daily on the wharf we see men engaged scraping the mud from the surface. These men are employed by the Harbour Board, and do a very useful work, although in this case there is a sidepath, and people are not obliged to stem a tide of mud. Why, we ask, are not a posse of scrapers at once en gaged for Custom-House-street. If any bet ter remedy can be suggested in heaven's name let it be brought forward, but what is done must be done without delay, and it will be our necessary, though unwelcome task, to keep up the agitation till it is.

The members of the Auckland Shipwrights Protection Society will hold an emergency meeting this evening, in the Temperance Hall, Albert-street, for special business.

The annual meeting of the ratepayers of Parnell will be held in Parnell Hall to-mor row evening, when the attendance of all persons interested is requested. The Rev J. E. Moulton, of Tonga, will de liver a lecture this evening ia the Pitt-street Wesleyan School-room on " Mission work in the Friendly Isles."

To the Editor: Sir,—ln your issue of last evening you give an interesting account of the quick passage of the ship Loch Awe, but you make the statement that "from Tristan D'Acunha into port the ship occupied only thirty-seven days, a time which we will venture to say has never been approached by any sailing ship." This a mistake, as the ship Hydaspes," which you will remember visited this port a few months ago, did the- same distance in thirty-four days. She passed the island on the 15th September, and anchored in this harbour on the 19th October. During four weeks of this time her log showed a daily average of 269J miles, or a total of 7,539 miles. The last five days of the voyage she wan beating down the coast. In justice to the absent Hydaspes I hope you will publish tbeso few lines, more particularly as many Aucklanders will re member with pleasure her genial captain and officers.—l am, &c, P.D.R.M.

Some of the directions laid down for the guidance of of 1' frnmigration commissioners by the General tiovevnment are very clumsy and involve a great deal of needless trouble. We will give an instance : On board immigrant ships certain of the immigrants are vested with the authority of constables. It is the duty of these to keep order in the single men's and married people's compartments, and to see that the regulations are properly adhered to, reporting cases of insubordination to the surgeon super intendent. In the single girl's compart ment a matron is appointed whose duties are very much the same. Besides these there are a few other appointments made among the passengers to offices of no great dignity, but of very great utility. Each of these petty officers is informed that he or she will be paid a small sum when the ship .arrives at her destination, that is* in the event of the captain or doctor giving a certificate of the proper discharge of the duties. The remuneration varies generally from £1 to £5. Any one would think that it would be a simple matter to settle these claims at once within n few hours of the ship's arrival. But from the clumsi ness of the method of procedure it often hap pens that the persons entitled do not get their money for nearly a month. In the first place there is often a difficulty in getting the captain and doctor to agree in signing the certificates ; in the next place all the certifi cates have to he sent to Wellington for ap proval, after which the money is sent up to Auckland for distribution. By the time this arrives it often occurs that the persons for whom it is sent have accepted situations in the country and gone to their employment, or ifc may be that they have lost good situations by not liking to go away without getting their due. This appears to us the very dregs of red-tapism. Why cannot an official paymaster be appointed in Auckland. The claims are so small that the responsi bility of such an officer is not surely too great to be conferred upon any one outside the Empire City. Many of our public office-holders would bo willing to discharge this duty for a small remunera tion. The present system entails unneces sary labour upon the Immigration Commis sioner, and is very unjust to the immigrants themselves. We commend the subject to tho attention of the heada of the Immigration I )epartmont.

A concert and ball took place at Onehunga in the largo ball of Sb. Mark's on the 23rd inst., as a recognition of tho services of Miss Shortt, the respected teacher of that place. Ibe hall was densely crowded. The One hunga Excelsior Minstrels performed on the occasion. Tho negro foolishments of Messrs Bilkey and Blackey drew uproarious demon strations of applause from the audience. Dancing! was kept up till the small hours next morning, under the able super vision of Mr J. W. Lealy, M.C.

The members of No. 2 Company Engineer Volunteer Militia have presented a compli mentary testimonial to Captain Howell, their late commanding officer, on the occasion of his leaving the force owing to reductions be ing made by the Government in the numbers of captains on the staff. The address ex presses cordial feelings towards Captain Howell and a sense of tho value of his ser vices, which have been recognised in regi mental orders.

Brother Mackune, D.D.R.G.W.T., who introduced Good Templary, has been rather ungracefully treated by a Southland lodge. Wo take the following from a local paper : — " Last monday night a stranger presented himself at the door of thi Riverton G.T. Lodge while the "awful mysteries" were being perpetrated inaide. The stranger is not naturally one of the most bashful of American citizens, and his occupation as newspaper canvasser has not detracted from his native confidence, and a most formid able array of letters is attached to his name—in short, ho is, by the arace of Bro. Mackuno, D.D R.W.G.T., whatever that may mean. The vigilant guardian of the Bacred portals eyed him suspici ously, cross - questioned sharply, jeered at the assumption of the imposing title ho named, and, finding that the distinguished stranger was unacquainted with the pass word, refused him admittance. Finally, after a good deal of what in vulgar circles would be called " jawing," the janitor agreed to report the arrival at the gates of—bliss, we were going to say—of the " big gun" to the Worthy Chief Templar. That func tionary, not liking to decide such a weighty matter as the admittance or non admittance of the visitor, put it to the as sembled Templars, who decided upon taking the stranger's word, and allowing him to enter. While this was being done the Tem plaric magnate, "in default of something bet ter fco take," took the huff, and wandered sadly down the street, blessing Court West ern Pioneer 1.0. G.T. in the manner for which his countrymen have become famous. Moral for D.DR..W.G.T.'s travelling to strange places—" Don't forget the password."

The following iB the paragraph that led Mr Keogh and friends to threaten an action of libel against the Wellington Tribune, which, however, came to naught:—" We congratu late the present dramatic company perform ing at the Theatre Royal on their success, but we deplore the depraved taste of that section of the community which bestows Buch patronage on this motley company. Of all knock-kneed dingle dangle performances, we never before witnessed the equal of last night's, and how enlightened people can look on and tolerate it we are at our wits ends to fmagine. With two exceptions the company are the greatest lot of muffs that ever walked a stage, and to - night we are promised the production of Hamlet, and the rdle of the hero is to be personated by one who does very well in the high falutin tall talk Yankee style, but as to hav ing any pretentions to histronic ability the thing is the merest delusion. The worst feature is that a whole lot of larrikins are there posted up in the mysteries of rowdyism and drunkenness, the only species of performance in which the players appear to be thoroughly up to the mark."

SPECIMEN-STEALING AT CORO MANDEL.

CONVICTION UNDER THE QUARTZ-

CRUSHING ACT.

Another case indicating the extent to which shareholders are being victimised by speci men-stealers was heard at Coromandel on Saturday last. We take the following report of the case from a local paper:—" John Henry Evans, berdan-owner, was charged at ,the Resident Magitoate's Court on Saturday, June 20, by Sub»lnspector Bullen, A.C., under tha sth section,of the Quartz Crushing Machines Begul^Jjibh and Inspection Act with neglecting toenter in a book kept for that purpose a true and correct account of quartz brought to be tested at his machine. Accused pleaded guilty, but stated that he had erred through inadvertence. Mr Bullen regretted that on account of the prevalence of specimen stealing it had been rendered necessary to pass the Act nader which this information had been laid, and to put down the practice it was desirable to make use of it in every case where there was suspicion, He waa, howeyer, inclined to

believe that the breach of the regulations in this case was one rather of neglect than intent, and he had therefore proceeded against the accused under clause 5, which only entailed a penalty of £5, instead of under clause 7, when the penalty would have been not less than £200. The case has been brought forward because of a transaction which had been brought to his notice as having occurred at defendant's battery, where some thirty , pounds of specimens tvtire crushed, which yielded, ten ounces of gold, and which were, according to the books, alleged to hare been left there by a man named David Morgan. Diligent search for any such man had been made, but without avail. Every possible effort had been made to find him. There had evidently been a contravention of the Act, and the'present opportunity was taken of giving a caution to the battery owner. The Court gave judgment against the ac cused, who was fined £5 or one month's im prisonment in default. The fine was paid. The same local journal commenting on the c ise, says .•—" It has been suspected for some time past that specimens were being stolen from a well known mine, and very little doubt existed in the mind of the authorities that the parcel of thirty pounds entered under the name of David Morgan, and crushed by Evans, which yielded ten ounces of gold, had been stolen from that claim. Evidence, however, sufficient to convict could not be obtained "so as to enable the Inspector to prosecute tl c workman suspected, but as Evans had laid himself open to punishment by neg lect it was determined to make him an example as a deterrent to the actual speci men stealers, who, but for the ease with which they can get their specimens crushed under a fictitious entry, would have fewer facilities for the commision of a crime which, if not checked, would destroy all confidence in the outside public in venturing on mining investments. We are not very strongly inclined to believe that specimen stealing is anythine like so rife on this field as Auckland shareholders are willing to suppose. At any rate the Act under which Evans was fined will never put an end to the practice where ifc exists. If a man is inclined to steal Rpecimena he will do so whether he can get them crushed or not. Specimens are not so bulky but he can store them away, and the gold is as safely saved as though coined, till an opportunity for ciushing occurs. The only way to stop the practice is to send down a detective—not an ex-policeman, with close cropped hair and military gait, but a man who can dress and act the miner—and do mining work. Let him be put on to a mine in any capacity, and when sufficiently long enough at work not to excite suspicion let him be drafted into a shift working on gold, and so find'oufc what is going on in the mine.

REVIEW.

Secular Education- : A speech by Dr, Wallis.

Whatever falls from the respected minister of Newton Kirk is entitled to respectful con sideration, becaußo, although the listeners may differ on some minor points, he ever finds something worthy of his serious atten tion. The speech before us, printed in convenient form, was delivered on the even ing of June 9th in the Mechanics' Institute, and relates to a subject which is now extremely unpopular with a large portion of the people. The title of the pamphlet is " Secular Education and the Unjust Tax." Dr Wallis deals with the question in his usually clear, logical, and forcible manner, and those who hold diverse opinions acknowledge that his case is clearly and honestly stated. The speech embraces religious and Becular education, and touches directly upon the tax in a masterly manner in urging that indirect taxation is the surer and only way of taxing a people, on the principle of "catch the weasel when asleep." Of the blessings of education Dr Wallis thus speaks:—" Were the masses everywhere to be educated as much as pos sible what a multitude of clever men, geniuses, inventors, discoverers, improvers would there be to help the world in its on ward and upward course! Enormous, we believe, is the amount of talent, of ability, of intellectual and moral force latent in the masses, and waiting for education to call it out that it may benefit mankind, and help them forward to a nobler civilisation. Dr Guthrie Bpeaks of our being ignorant of the electric force latent in the clouds till Franklin with his kite drew it down, and made it the servant of our race and the carrier of our messages ; of our being igno rant of the mighty force latent in Bteam until Watt evoked the spirit of the waters and yoked it to our iron cars, and made it the working man of our industrial civilisation. So we have been ignorant of the intellectual and moral forces latent in the masses of society ; but at length we are beginning to learn that education will manifest and develop those forces, and that the school master is the Franklin or Watt whose art will evoke them, and act them free to improve and bless mankind" Dr. Wallis has no sympathy with merely secular education, and a considerable portion of his speech is devoted to his objections ; but he is scarcely fair to the advocates of a purely secular system in schools when he alleges that they are un believera in a future state, their object being to procure an educa tion in the school that shall fit them for the practical duties of life, while the religious training shall be left to home and the Sunday-school. We have never known an advocate of secular educa tion in schools object to the reading of the Bible, except on the grounds of expediency. The portion touching the tax is ably handled, with various illustrations bearing immedi ately on the subject. We give one extract from this section of the speech, and leave our readers to peruse the whole for themselves, which we commend to their careful inves tigation as coming from a man and public teacher who invariably speaks to the purpose and to the edification of his auditory :— " The employment of direct taxation in con nection with education cannot but be most detrimental to the good cause. In so difficult and delicate a matter our aim and policy should be to foster opinions, views, and sentiments favourable to education. In all legitimate ways seek to influence society to set a high value on education. Persuade parents of the excellence and desirableness of education for their children. Endeavour, to create and intensify a popular feeling and opinion in its favor. This seems to have been the original education policy in those fortunate lands where its blessings are now most widely diffused and appreciated. In the province of of Auckland we are following the opposite policy. By associating direct taxes with education we are unpopular)sing education. We are disgusting the people with it. We are turning men's hearts against it. Whether direct or indirect taxation be the preferable way of raising money, is a question which concerns ua not at present. Probably it might, be for the benefit of the community, and it might induce us to exercise a keener supervision over our representatives if thai direct were the only mode in which we paid our taxes. But the people at large never have seen this, and probably never shall. Indirect taxes sit more lightly upon ua. We take easily, for instance, the taxes which pay our worthy Superintendent and his unworthy Executive, if a tax be necessary for education let it be indireot*-unfelt— at l§*st unseen." '

SUPREME COURT.

a IN BANCO.

Before His Honor Sir Geo. A. Arney, Knt.,

Chief Justice. WESTON V. JOHNSON AND OTHERS. This was an appeal from a decision of Mr Nesbit, the R.M. of Poverty Bay, by which the appellants were compelled to pay £25 for illegally setting fire to respondents sheep run at Poverty Bay. Mr Rees appeared for the appellants, and Mr Hesketh for the respondents. Mr Rees in opening the case said his client was the holder under agreement of a dairy farm and part of the Tiara run belonging to respondents at Povertj Bay. In November last acting, as he maintains, under instruc tions from|Messrs Johnson and Co., he set fire to the run. While the lire was burning the wind changed, and the fire extended to parts of the run where it was not intended, doing damage to the extent of £50, for which he was sued in the Resident Magistrate Court at Gisborne by the respondents. The Resident Magistrate gave judgment for the plaintiff, but taking into consideration the extenuating circumstances that there wag , probably a misunderstandiug as to the in structions, and the fact of wind changing, fixed the compensation at half the amount claimed. Against this decision the defend ant now appealed. Mr Rees said that the questions for the decision of the Supreme Court would be : Did the pkintiff by the in structions given as to the lighting of the fire contribute to the negligence ? Was there evi dence of negligence on the part of defendant ? If defendant merely misunderstood the in structions is he liable for the damages ? . Mr Rees maintained that the evidence given failed, to prove there was any illegal action on the part of the defendants, who had acted under the direction of the plaintiffs. The instructions given were said to be so minute that they even included a guarantee by plain tiffs to find the matches for setting lire to the run. Moreover a partner of the defendant had been told by one of the plaintiffs to set fire to th« flax when and where he liked. The instructions were not denied by the plaintiffs who, however, gave as their version of them that they particularly warned defendant not to burn the particular piece to which the fire had extended. It seemed to the learned counsel that the plaintiffs should have been nonsuited even if a judgment for the defen dant could not have been given. His Honor said he was clearly of opinion that the decision of the magistrate must be upheld. As to the first question sent up for his decision, that, he thought," had already been settled by the magistrate in the affirmative. It was merely a matter of evidence. As to the second point raised he was of opinion that there clearly was evidence of negligence on the part of the defendant. He also con ceived that the position of the appellants that they were not liable on account of mis understanding the instructions could not be sustained. The decision of the Resident Magistrate must therefore be confirmed with costs for the respondents.

BIORDAN V. TOKATEA G.M.C.

This was an appeal from the Warden's Court at Coromandel.

Mr Bees appeared for the appellants and Mr Hesketh for the respondents. Mr Reea explained the circumstances of the appeal as follows :-On the Bth January, 1874, John Eiordan brought an application into the Warden's Court for an assignment to himself for mining purposes of certain land in the occupation of defendants as a machine site. He founded his claim upon the ground that the Tokatea G. M. Co. were not pro perly qualified to hold the land as miners under the Goldmining Act of 1866, having only a leaseholder's Miner's Right and not a Miner's Right.. The Warden held that the holders of a leaseholder's Miner's Right may claim to be miners within the meaning of the Mining Regulations, and were holders of a Mining Right within the meaning of the Act of 1860. He therefore returned judg ment for the defendants. Mr Rees now argued at some length that the Warden had misinterpieted the meaning of certain sec tions of the Act, among them the 4th and 6th, which defined what constituted a miner's license. He maintained also that any regulations which placed land out of the power of properly-qualified miners to take up were ultra vires.

(Left sitting.)

POLICE COURT.—This Day.

(Before Thomas Beckham, Esq., R.M.) DRUNKENNESS.

William Cameron and James Rossin were found insensible last night in the storm. Prisoners pleaded guilty. They had taken a wee drop of the dew of Ben Nevis, and were overcome by the spirit. Cameron said he only came on shore yes terday, and he hoped, his Worship would look over it; he was a new arrival. Rossin begged to be excused, as he broke his nose in falling to the ground. Fined 10s each or 48 hours. ANOTHER IMMIGRANT.

Andrew Hartness was charged with being drunk and disorderly, and with breaking a square of glass in the Immigration Barracks, value Is 6d, the property of the Provincial Government.

Prisoner pleaded guilty, but said he landed yesterday, and after coming a long voyage without any beer he was thirsty. He had a wife and small family, and his hand fell agairfst the window, and the glass gave way. It was quite accidental. It was colonial beer.

His Worship : You must pay the damage and costs, or go to prison for forty-eight hours.

AN OLD HASJD,

John Collins, a miserable-looking, dirty old man, was charged with vagrancy and with having no visible lawful means of obtaining a livelihood.

Prisoner, for the fiftieth time, pleaded guilty, and was sentenced to six months' im prisonment.

STEALING CLOTHING.

Sight sailors and immigrants by the ship Loch Awe were charged with embezzling a quantity of clothing from the said ship, value £10.

On the application of Mr Brohain the case was remanded until Saturday next in order that the necessary evidence might be had.

HIGH WORDS AND HAPPY RESULTS

Charles Osborne appeared in answer to a summons charging him with using abusive language to wards James Halliday, a neighbour at Epsom on the 20th June. Mr Halliday said that he did ndfc wish to press the charge against Mr Osborne if he would promise the Court not to molest him in future, and drop the price of the summons, five shillings, into the poor-box. Mr Osborne said he was very sorry for what had happened, and he would willingly put the money into the box as his friend had thoughtfully suggested. 11 was a good idea, and a happy result to a neighbourly tiff. The money was accordingly dropped into the box, and the men departed for the peace ful glades of Epsom, his Worship remarking that they had acted wisely. EDUCATION KATE. A number of catees where the parties had failed to pay the education rate were on the application of Mr Alexander adjourned until Friday. This was all the business. I

THE MELBOURNE DIVORCE CASE.

SPIElmSffA^

The decision of the Melbourne TW in the ease Terry v.Ter^'tooSilo^ social incident to be Ssed l?so^* comment in the Press lb ft case are happily y ery andwe* ' concisely summarized by the DreaMfc? -VetX wHen delivering his decision In tiT£§ lnd S9 we find it stated that the decree ofV ***** is prayed for by the hitfS^&'gg-J cruelty on the part of his wife. Th^T— 0* ' were married in 1858, and have aeJJKff dren alive one of them a nun^W a few weeks old. For years hnSLa^* wife lived in a state of £Sf Sgff' s?ys the Court "by the husbandXX of what he calls spiritualism " His Wf"* sisted Mr Terry's comtant attendant night at the seances, and from WordsY couple occasionally came to blows Th* • a conflict of testimony as to how far 6,? the wife did strike tiL b^^ggM band the wife, and the judge deetaJK " both parties are to blame." HowS \v Court was of opinion that Mrs Terry had • terfered "with the husband's undoubted^ of going where he pleased, and must X swerable for the consequences," aud 52" quently judgment was given against her iwi Mrs Terry is to-day reduced to the poS of a paid-off mistress; and worse feT. mistress would havo her children with he and this woman has to them nt^ except the infant, which happily itw O ntt be death to take away from the mother It may fairly be submitted that this *> cruel case for the woman-m* for the wife perhaps, but for tt mother. The guilt of interfere^ with a husband's movements to which the learned judge objects so atronelv depends, it will be readily admitted! on circumstance*. Sometimes » has no right to interfere; on other occasions she is called upon to take the most peremptory action in her power, even to her finger nails. If the husband's intention wa» to cut his throat with a razor, the wife would be generally held to be criminally wrong.jf she did not exert her utmost physical force to stay his steps. If he is going to, the grog shop to spend his money and to wreck hU intellect the wife his held free from blame if she locks him up at home, or even follows him in the streets. And certainly few things are more likely to aggravate a feeling woman than the knowledge that the husband has changed his religion, and is devoting the hours he should spend on his family to practices at which she shudders. The husband may be quite right in the change. He may have gone over from error to truth, or, "what js the same thing, he may believe he has found truth, as Mr Terry undoubtedly does; but no leßs is the situation very hard for the wife, and no less should the greatest allow ances be made on her behalf when she resists the change so fatal to her and her offspring. And it is not becanse Mr Terry went over to Spiritualism that these remarks arc made. The bame rule would apply were the husband a Turk, and were his change to Christianity. In all such cases the husbands must eipect unpleasantness. All of them cannot he so' lucky as Mahomet, who loved his first spouie, not because she had enriched him with many camels, but that she at the instant adopted his prophetic mission. If the wife objects," why she only does her duty, in stonily resisting a course which may involve the ruin of her family. Mrs Terry may have gone too far. She does not appear to have been an angel; hut we fancy it speaks a great deal better for her that she did too much than it would have done, had she done too little. Had she resisted her husband's liberty of .movement in mere caprice her punishment and disgrace might have been righteous, but she has had the gravest of causes, and that such a woman ? for so acting should have been thrust out; into the wilderness comes i»ith something' like a shock, and the hope may be in dulged in that some appeal may [yet re store the mother to her household and her rights. Judicial comments were passed upon Mrs Terry for introducing the name of a young lady against whom there was no evidence of guilt, and this reference seems to have weighed against her. But she w» bound to show canse for the jealousy she manifested. And if is- difficult to see how young ladies who go to operas with married men without the wife's consent can complain if the matron flares up a little about her. Jt only means that the wife is made of flesnand blood, and however the Supreme Courtjaay exculpate the young lady in ; qn«J« every wife will be on Mrs Terry ■ adin pronouncing the young lady "SW indiscreet. Had ,Mrs Terry petitioned for the separation and'obtained it ™ JiouM have had nothing to »y^ be»'^.^.:2r band's change of religion, for which <-jd» wW not answerable, had, evidently made the home a miserable one; but she' w-Jggfc to bear the burden? she wished **».., ful to her solemn vows, plightediat the in the presence of fan and W« ■<**, moreover she Hung to her child**. ■.»* not Muted that she was anything ebeftanA devoted mother. And now the tw°*jg of ties are to be practically .severed,» dW woman is to be left to pine in .the outer^ tude, deprived of her offspring, JVc cm..;. only trust that the case will notbe toeatw as a precedent,, and we indulge **J W in the interests of author has written, ."the light;jg» ment of ties, whether inherited orJjgg.. because they have ceased to be g^JJ^, the uprooting of social and of person* virtue "—Melbourne Telegraph.

TELEGRAPHIC.

(From our own Correspondent)

THE AUKATI BROKEN.

ALEXANDRA. The aukatiis now broken *"?*££&£ coming in fast There is great ogg. amongst the storekeepers. «"J ft v , reaping the benefit, and obtaining os bushel for miiize.

LATEST THAMES NEWS.

ALLEGED ATTEMPT TO X WHAU STOCK.

ANOTHER SERIOUS MIN»' G ACCIDENT.

GEAHAMSTOWN.^. gd^ G. McCaul published the in to-day's Advertiser :- . /*! 8£ ComP^ small holders ia the Bi»de against the determined af^P™ 'L o^ei to depreciate the value of shares » gtg ?t induce them to part with their «J . low pricea. It is weU known tt* er^ prominent shareholders have £ days past spent thew to™ >^ g people else except gratuitouslyjf*j3j^ i^ whom they to bold^ j d ge^ esta to sell at any pnce^ they Ikn( j alleging that the g°ld *h«f f* , ■ that the mine never he n e W -W^S» *■ preß e nt.STheprospectjoftbe^ pwT iporiy,Jß muglj pi9her Jban the pioc* y »

mi SYnrxM iwAifc.wfi»»^BPAt irmmu,wiL



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