SHIPPING INTELLIGENCE.

PORT OF AUCKLAND.

ST7N-SET: Thlaovening, 7.H SUN-MSB: To morrow morning, 5 11 HIGH water: This evening, 10.31; to-morrow morning, 10.5 C

ARRIVALS.

Eowena, s.s., from Northern pprtJ

DEPARTURES.

yiematifl, Jtetclj, for Napier -Jessie Kiccol, schooner, for Lyttellon

Chile, ship, for London, early Fanny Kelly, ketch, for Opotiki Ladybird, ss, for Southern ports, Monday

PROJECTED DEPARTURES.

VESSELS EXPECTED.

Wave Queen, ship, from London. Sailed October 14 Lauderdale, ship, from London. Sailed October 19 Alice Cnmeron, barque, from Sydney Anazi, barque, from London. Sailed October 31 Empreza, barque, from Liverpool. Sailed October 15 Dauntless, schooner, from New Caludonia, early Beatrice, barque, from New York, via Adelaide Wentworth, ss, about the 2Sth instant Queen of the Age, ship, from London Sailed Nov. IS Queen of the South, barque, from Dunedin, early Wellington, ss, from the South, early Bella Mary, barque, from Hobart Town Hylton Castle, barqus, from London. Herald, Schooner, from Levuka The schooners Pacific and Fiery Cross "were loading at Russell when the Rowena left. The Lastitia is lying at Whangaroa. She was unloading her ballast preparatory to taking in timber for this port. The ketch Fanny Kelly leaves for Opotiki this evening. The barquentine Prince Alfred left New castle for tho Thames with, coals on tho 14th instant. The Bella Mary left Hobart Town for Auckland with a cargo of fruits, timber, etc., on the 14th of January. The s.B. Pretty Jane may be expeoted here from Dunedin via Southern ports on or about the 24th instant. Thfe ferigantine Augusta has been pur chased by Mr J. Watt for the sum of £1,550. Mr Watt bid this sum for tha vessel at the sate by auction, but it ■was not then con sidered full value. The barque Glenhuntly, owing to adverse wlnda outside the Heads, was obliged to anchor in Rangitoto Channel yesterday at nooK, She was still there this morning. The •whaling barque Coral, Capt. Marvin, arrived at the Bay of Islands on Tuesday, the 20th inst. She has been on a seven months' wuise, and has 900 barrels of oil, it The yacht Good Templar has been fitted ■with her sailing gear very quickly. Although only launched the day before yesterday she was was ready for racing to-day, and in fact had a trial spin thia afternoon, going very well under canvas. The yacht Winona is being rapidly got ready for Bea. The 8. a. Rowena arrived from the North at nine o'clock thia morning, having calkdf at Wangarei, Wangaruru and tho Kawau on her passage up. She brings a cargo of 300 eack3 of gum, and five horsea, and about thirty passengers.

CHIEF POST-OFFICE, AUCKLAND.

Mails wtll Close as Under :— For Thames, on Mtmd.iy, at 10. SO a m and 5.30 p ni For Coromandel, on Monday, at 2.30 p m For "Wangarei, So., per Dolly Ysrden,to-<?ay, at 5 pm For Kawau, per Matakana, to-day, at 5 p m For Opotiki, per Fanny Kelly, to-day, at 6 p m Fbr Taranaki Southern province?, and Australian Colonies, per Ladybird, on Monday, at 1.30 pm For Knasell, Wangaroa, and Mongonui, per Bowena, on Monday next, at 3 pm. For the Australian Colonies, per s s Phoebe, on Wed ' aesday, the 28th instant, at 2 pm (Signed) S. B. Bibs, CMef Postmaster.

NOTICE TO CORRESPONDENTS.

8.C.8. —It was erroneously stated in the Herald, not in our journal, that we had placed carrier pigeons on board the City of Auckland. We certainly intended doing so, but through an oversight the birds were not taken down to the ship.

BIRTH.

Jessop.— On the 2-tth instant, at her residence, Howe street, the wife of Mr K. Jessop of son.

DEATHS.

Cook.—On January 24, at Grahamstown, killed by boiler explosion at Kuranui Battery, Walter Alfred Cook, laic of Auckland. Mablin.—On January 23, at his parents' residence, Nelson street, George Edward Harding, infant son son of John Harding and Mary Aliranllailln ; aged ten months. The funeral will leave to-morrow (.Sunday) after noon, at 3 o'clock. Lundon. —At Om-huiiK.i, on January 23, Anne Augusta Elizabeth, infant daughter of John Lun don ; aged eight months. The funeral will take place at tho Onohunga i Cemetery on Sunday, at -4 pm.

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

SATURDAY, JANUARY 24, 1871.

For the cause that lacks assistance, For the wrong that needs resistance, Ifor the future in the distance, And <*« ''nod that we can do

The prosperity of Auckland is so closely associated with the steady development of our goldfields that we cannot but regard, •with considerable uneasiness tho existing depression at the Thames. Business at Grahamstown has, we arc informed, never during the past few years been so Hat as it is at present, and many who have been identi fied with mining interests on the field from its opening now feel serious misgivings in looking to the future. Not that there is, or can be, any doubt that the aurifer ous deposits in tho district will give employment to a considerable population for years to come, but unless the deep levels of the field are payably gold-bearing it is very questionable whether there will long continue to be remunerative employment for the the large amount of machinery now erected in the district, or will support the present population. The Thames Advertiser calls attention to this matter, and especially to the prospect of the extensive operations carried on by the Pumping Association beiny brought to a standstill at no distant date, unless an opportune rind in the Company's shaft, which has now reached a depth of 400 feet, or in one of the adjoining mines, gives new life to the mining now proceeding-in con nection with the works. This machinery and shaft have cost between £70,000 and £SO,OOO. It would scarcely have been believed a few years ago that our capitalists possessed sufficient enterprise to undertake and carry out such a work. But for the unbounded confidence in the richness of the surrounding mines, and particularly of the value of Tookey's ground, the constant drain neces sary to carry on operations could never have been sustained. It is now of the utmost importance that nothing should interrupt the steady progress of operations until the lower levels are thoroughly tested. We agree with our Thames contemporary that the shaft should be sunk to a depth of 1000 feet, and an application to the Government ;for assistance towards this object would not, we think, be an unreasonable request when the surrounding companies find themselves unable to carry the work on. We have especial pleasure in endorsing the remarks of our contemporary in this matter. The attention of every one interested in mining at the Thames has been long rivetted on the result of this work, which must settle in a great measure for weal or woe the future of the field. Hitherto lower workings have not been very successful, and specula tion in mining has suffered from the belief which is gradually becoming almost univer sally entertained, although certainly without sufficient reason to support it, that the reefs at the Thames do not carry gold to any great depth, and that all runs of gold, however rich, must as a necessary conse quence be soon exhausted, and the stock of every mine liable to very rapid depreciation, the value of bhe mine itself as an investment being made sub ject to the consideration that it cannot long give profitable employment for labour. While bonuses are offered to supplement the exer tions of private enterprise in other brauehes of industry we cannot see why a similar course might not justly be pursued to wards gold, mining; and in the case of the Pumping Association's works, private capital has been exerted in a way that should certainly command the approval and encouragement of the Government. For similar reasons we think that the suggestion coming from Coromandel recently, favourable to the Provincial Government aiding pros pecting parties in the creeks of the Tiki district, with the view of tracing the reefs from which the rich specimens found from time to time in the water have been broken, is deserving the attention of the Superintendent and Executive. To the rapid development of the mineral resources, not less than the settlement of its lands with an agricultural population, must we look to raise Auckland to the position among the provinces which we believe she ia entitled to occupy.

The trustees of the Auckland Savings' Bank will hold their annual meeting on Monday next. We understand that the case of Webb v. Graham will be taken at the Supreme Court civil sessions on Monday next.

A fair audience, in point of numbers, ! attended Misse3 Taylors' opening concert at Onehunga on Wednesday night in the Choral Hall. One or two local amateurs assisted. The solo concertina pieces were very well played. Miss Lavinia Taylor is manifestly a master of the instrument. The concert on the whole was a success. We learn that Mr Thomas Cheesenian, jun., has been appointed to the position of secretary to the Auckland Institute, and we . think the choice an excellent one knowing the interest Mr Cheeseman takes in botanic and ornithological pursuits. The "Pantomime" was re-produced last night to the immense satisfaction of a full house, and the same indestructible " House that Jack Built" will be re-opened this afternoon, more particularly for the accom modation of juveniles, and in the evening for the last time to adults. Tho splendid little comic drama of " Sarah's Young Man " will be represented at the outset, illustrative of the natural proclivities of the young man, and the maiden tears of poor Sarah. On Thursday evening next Messrs Collier and McQ-owan propose having a grand masquerade and fancy dress ball, for which a special and eificient band is engaged. The weekly parade of the NavalJßrigade wa3 held last night at the Drill-shed under the command of Lieut. Chapman. There was a full muster, and the men went through their evolutions in a very creditable manner. At the close of the drill it wag resolved to proceed to the North Shore on Friday next for practice with the Armstrong guns at the North Head. Members were requested to meet at half-past six at the North Shore ferry T, for the purpose of proceeding by the half-past six boat. Sermons to-morrow (Sunday) at Newton Kirk by the llev Dr Wallia—morning: "The Sabbath again and its railway detractors ; evening : Lectures on the Apostle?, No. 10, " Thomas, the Doubter." At Lome-street Hall, by Samuel Edcter, TS.A. — morning: " How to live nearer to God ;" evening : "What was Christ's great work on earth?" " Albert-street Congregational Church — morning : by Rev G. IT. Turner ; evening : by Rev T. S. Forsaith, of Paramatta. Open ing services at West Newton School Chapel —morning : by Rev B T. Dudley ; after noon : by Rev R. H. Mitchell, 8.A.; eve ning : Right Rev Dr Cowio, Bishop of Auck land. St, Paul's Church, dedication fes tival services—morning : by Rev Dr Cowio ; evening (choral): Sermon by Rev C. M. Nel son. Mount Fden Schoolroom—morninrr : Rev P. IT Cornford ; cvpnin:* : Rev Mr I'avis, of Alhertland. Edwardcs-street an-. niversary services by Revs Robert Ward, of Christchurch, and W. Tinslcy. Services at the usual hour at Rev G. H. Turner's chapol. corner of Vincent-street; Newton Hall, Cook-street Christians' Meeting-house, and Primitive Methodists' Chapel, Rheridan street. The details of tho following singular circumstance are forwarded to us by a correspondent a*. Mahurangi. On Tuesday last a number of young girls, after leaving school, were picking up shells on tho bench at Mahurangi He?ds when they observed a great commotion in the water not far from theshore, at about two hundred yards distance. Cariosity impelled them to go as near as possible to the disturbance to find out its cause if possible. Arriving at that part of tho beach directly opposite, they discovered the splashing was produced by two enormous sharks, who were to all appearance engaged in a death struggle with one another. The interesting fight was maintained with great ' vigour in full view of the astonished children, and so engaged their attention that they did not at first observe another extraordinary feature of the scene. A largo shoal of yellow-tail had been driven in shore by the sharks, and were floundering about in the shallow water in a manner that plainly betokened their terror at their proximity to the two sharks. But thi3 was not aU. The edge of tha shore close to tho water at this spot was composed of jutting crag* of rock, interspe-rsed with little pools. Into these, either by thf shirks or yellow tail, a shoal of mullot had been driven, and were quite unable to get back to sen. The little girls were afraid of the yellow-tail, which were (3ome of them) eight or ten pounds weight, but with a little wading, managed to capture as many mullet as they could carry home. They were unable to say how the contest between the sharks terminated. Our readers will no doubt notice with plea sure that the Rev. Robert Ward, of Christ church, is to preach in the Edwardcs-stroct Church to-morrow morning at eleven o'clock, and in the evening at half-past six in the interest of the Sunday School. Many of our readers will look back with satisfaction to his ministerial services rendered in Auckland some fiffceelu years ago. He was then and is now one ot the ablesb and most (successful preachei's in New Zealand.. He is also an author of no mean ability. Wo trust the services may bo made eminently successful in every re3poct. A meeting of tho ratepayers of the educa tional district of Parnell was held last even ing in the school-room at 7.30. There was but a small attendance. Mr W. H. Killing was called to the chair. After stating the object of the meeting the Chairman called upon Mr Adams to read.the report of the retiring committee. Mr Adams then read the report, which stated that when the school was opened under Mr Leonard there were only 19 boys and 7 girls in attendance this number had increased to SS boys and 55 girls, with an averago attendance of 92 during the last quarter. The committee complained of the irregular attendance. Mr Leonard had opened a night school, which 22 beys attended, with an average attendance of 9. Miss Morley had been appointed assistant teacher, and the committee were well satisfied with the services of Mr Leonard as master. The Board of Education allow £150 yearly to Mr Leonard, £30 to Miss Morley, and £30 to St. Mary's Vestry for rent of school. The committee thanked the Rev D. Bruce for kindly offering his school building, which would have been accepted but for the greater accommodation afforded by the present schoolroom. The following gentlemen were elected a school committee : —Messrs Waters, C. Woed, W. 11. Kissling, Flower, and Coleman. It was resolved on the motion of Mr C'oleman, seconded by Mr Brown "That this meeting begs to express its surprise at the want of interest shown by the ratepayers of the Parnell district in educational matters." This terminated the meeting. We would remind our readers of the sale of volcanic building sections at Edenside to be held by Messrs B. Tonks and Co. on Monday next. This is the first sale of any extent of land of this desccirjtion for a con siderable number of years. The sections are large, varying from a quarter to three quarters of an acre, and all save one have frontages to Mount Eden road. The valu able qualities of volcanic soil are too well known to require any comment from us. The situation is very healthful, and the scenery beautiful. We commend this sale to the notice of intending purchasers of a site for residence. A key is in the possession of the police which was picked up near the Thames hotel. Tho owner can have it on application.

Such limited interest is taken in the mat ter of education in the enlightened district of City West that it ia impossible to get a meeting of householders together to elect a committee. The Board of Education there fore deemed it advisable to do for the house holders what they are determined not to do for themselves, aud consequently the Board resolved that Messrs Shove, Main, Biiling ton, M. Rosa, and J. Fisher be appointed to act as school commissioners for the present year in the educational district of No. 1 City West. ' I The dedication festival of St. Paul's Church will take place to-morrow, when the holy communion will be administered, with full choral service. The Right Rev. tho Bishop of Auckland will deliver the morning sermon. The Rev. 0. M. Nelson will preach iv the evening, and the service will also be full cboral. Mr Herbert Levins, late manager of the Bank of New South Wales at Grahamstown, died suddenly yesterday morning at the Hot Springs. The deceased it appears had been for some time indisposed, and was staying at that retirement with the view of recruit ing his health. lie was heard to leave hia bed-room at the hotel about four o'clock in tho morning, and was never seen alive afterwards. His body was found out side the hotel, and was at once conveyed in doors. Dr Couqhtrey, who happened to bo staying there, at once examined the body, and pronounced life to 1)0 oxtinot. An inquest was subsequently held on the body, before Henry Lloyd, J.P., the district coroner and a jury, Robert Gra ham, foreman. Medical and other evidence waa taken, and the jury returned the vordict of " Died by the visitation of God." The body was then placed in a shell, and through the urbanity of the son of tho pro prietor of the yacht Energy was conveyed ia that vessel to Auckland, and then transferred to the Bank of New South Wales. Mr Levens was much respected on the goldfield, and his numerous friends regret his sudden removal from amongst them. Tho Exhibition yesterday was visited by a large number of ladies and gentlemen, and much interost in tho various exhibits was taken. Mr Humphreys, according to pro mise, delivered a very excellent explanatory lecture on tho exhibits in the machinery de partment, which was attentively received. Mr Humphreys deserves tho thanks of the community for hisgratuitous lectures on that important section of the exhibition. These lectures take a deal of time and thought, and should meet with a grateful reception. In consequenco of the failure of supply there will be no service in the Presbyterian Church, North Shore, to-morrow. The members of the Good Samaritan Lodge T.O.G.T. are requested to attend Monday evening next to elect the Lodge officers for the ensuing term. A meeting was held on Thursday evening at the Wellealey-street Young Men's Rooms for the purpose of considering what steps should be taken to restrict within certain limits Sunday railway travelling; Mr J. C. Firth. in tho chair. The Chairman appeared as the representative of the Auck land Sunday School Union, through which the meeting was convened, aud there were present :—The Yen. Archdeacon Maunsell, Rev. Dr Wallis, the Rev. Messrs Burrows, Nelson, Macnicol, Oliver, Lewis Lawry, J. Davis, Turner, Forsaith; with Messrs Edson, Glanville, Ewiugton, &c. After opinions had been expressed and sug gestions made by ministers and gentlemen present, it waa finally resolved "That a deputation be appointed to wait npon the Hon. Dr. Pollen with the view of moving tho Government in the matter of reducing tho facility of Sunday railway travelling." The folloiyinggentlemen were appointed to wait on the Hon. Dr. Pollen : The Ken. Archdeacon Maunsell, the Rev. Messrs Nelson, Oliver, Macnicol, and Mr J. C. Firth. A com munication has been forwarded with tho view of ascertaining what time would be the most convenient for the deputation to wait upon the lion, the Colonial Secretary, and the deputation are waiting a reply. At a, meeting of tho householders in the i'onsonby district, Mr Upton chairman, the report was read and adopted. Tho. advi sability of opening a girl's school was urged upon the committee. The Rev. E. N. Breo objected to a mixed school, having seen the evit of that before. The following gentlemen were chosen as the school committee for the ensiling year:—Messrs Heslop, Morton, Jones, Upton, Edmiston, and Leonard. Tho thanks of the meeting were accorded to the old committee.

POLICE COURT.—This Day.

(Before Thomas Beckharn, Esq., R.M.) DRt/NKEJOTESU. Matilda Morgan was lined 10s, John Mackenzie 10^, Edward Hodge 10s, and John Thackaberry 20s and costs for being drunk in the public streets. LARCENY. Jame3 Kelly, an elderly man, who had been convicted on many previous occasions^ for various acts of larceny, was charged with stealing a coat value ss, a handkerchief Is, and a mesrehaum pipe 10s, the property of Philip Benjamin, on the 22nd insfc. Prisoner pleadcd;guilty, and was sentenced to six months' imprisonment with hard labour. PATIENTAL NEGLECT. William Knox and James Knox were charged with neglecting to obey an order of the Court for payment of certain sums to "tho Industrial school, viz., £3 and £1 2s. As neither of the men appeared in Court warrants were ordered to be issued without delay for the apprehension of the men. MOKE LIGHT. Andrew Pollock was charged with failing to keep a light burning in his lamp over the principal door of his licensed public house known by the sign of the Edinburgh Castle Hotel, from sunset, on the 19th inst., to the rising of the sun oil the following day. The defendant did not appear in answer to the summons, and a warrant was ordered for his apprehension. a hhoemaker's ways. Michael Allen, a son of St. Crispin, ap peared in answer to a charge of using threat ening language towards his wife, Winifred, whereby she went in fear of her life, and was afraid to return home. Winifred Allen, a decent looking woman, was about to make a statement, when Michael said he was guilty, but uufortun ately he was in the habit of getting " tight," and was in that state when he must have threatened his wife. He did not remember the particulars clearly. His Worship asked what was known of the man. Serjeant-Major Pardy said the accused was a shoemaker, but unfortunately he gave way to excessive drinking. Prisoner aaid lie had six children, and if the Court would let him off he would take the pledge at once. His Worship recommended him to quit the public house, and cleave to the pump, and ordered him to rind two sureties of £20 each to keep the peace towards his wife, and all Her Majesty's subjects, for the term of six months. This was all the business.

Divorce Court.

Yeste rd ay—Continued. (Before His Honor Sir George Arney, Knt., Chief Justice.) WILLIAM CARPENTER, PETITIONER; HARRIET ELIZA CARPENTER, RE SPONDENT ; AND HTJRLES PAGE BARBER, CO-RESPONDENT. After Mr Whitaker closed his address, Mr Bennett addressed the jury on behalf of the co-respondent. He said the marriage had taken place hurriedly, and the petitioner was no doubt tired of it, but this would not excuse his neglect of his wife. He had ex posed her to the most extraordinary tempta tions. The confidence reposed in the co respondent, merely because that gentleman happened to have the picture of a lady friend iv his bedroom, which he could see on rising in the morning and retiiin^ at night, was "absurd. He also knew that she had some wandering fancies that required looking after, yet he took no precaution to guard his wife from evil, but had abandoned her to it. He submittcl that from first to last the petitioner's conduct was conducive to the adultery. Mr Gillies then addressed the jury for the petitioner, and characterised the defence that was set up as something revolting, and at which every mind must feel indignation. The pleas of cruelty and disease which had been put in and twice sworn to by respondent were withdrawn. The delivery of a child was admitted, and not one word had been said upon that matter by the learned counsel. The evidence of the nurse and the doctor as to the birth of the child and its paternity were not disputed. Dr Goldsbro' had been engaged to attend at the request of Mr Barber, aud there was the evidence of the servant of the house in Alton road as to the co-respondent sleep ing in the same bed with Mrs Carpen ter, who passed as Mrs Barber. Then he would ask, when facts of the adultery were so patent, why was this case defended at all. The poor witnesses who were called for the defence proved a break down, a com plete freak down. Probably it was thought that the petitioner would only get a judicial separation, and that the co-respondent would be released from some of the promises he had made to the woman with whom he had com mitted adultery. They dared not call either the respondent or co-respondent, because they could have been examined on any question in regard to this case. The learned counsel argued further that forgiveness was not condonation —condonation was not simply forgiveness, but cohabitation ; again for giveness refers exclusively to past offences, and means "go and sin no more.' 1 In the present case there had b&2n no condonation. There had been a scheme laid for such a condonation. This fascinating little woman had gone to the Thames, and there, with her tears and prostratiwn of heart, apparently had struggled to entrap the petitioner ; and had subsequently done so in the ABC letter, which was a most clever production—as clever as though written by a lawyer. It might not have been wise, or even prudent for the petitioner to allow his wife to be housekeeper to Mr Barber, but the jury must find, if they givo a verdict on the other side, that, in doing so, he was conniviag at his wife's dishonour. He reminded the jury of the consequences of their verdict. If they found the petitioner had been guilty of connivance and of conduct conducive to the adultery, the resuit would be that he would be tied for life to the doubly adulterous re spondent. If he obtained a judicial separa tion sho would still be his wife. If the jury found that the respondent and co-respondent had been guilty of adnltry, without the connivance of petitioner, they would separate the tie which bound him to his wife. He asked them to remark that the petitioner came de manding no damages. He came merely to separate his name from a woman who had disgraced him —to separate her from her children for ever, so that she might have no claim on them ; that she should not bear 1 their name ; that they should hereafter know no more of her than if she had never been. It was a very sad position for any man to be placed in ; but, considering the circumstances, the petitioner could have adopted no other conrse than that which he had pursued in coining to the Court. He asked no damages against the co respon4ent, who from all the evidence there appeared might have been himself to some extent seduced by that wicked and designing woman. He might have been the victim of those temptations. He (Mr Gillies) felt confident that the jury would . not deny the petitioner the relief he sought, but that they would say that the proof of the crime had been clear and un doubted, and that the defences set up had been degrading to those setting them up. He would remind them that the law oould never presume connivance. The presiimp tion of the law was altogether against the husband being guilty of connivance, and, if there was any doubt in the matter, they were bound to give the husband the benefit of it, because the law would never presume that he had been a party to his own dis honour. His Honor reserved his charge to the jury until this morning. The Court adjourned at 5.30 o'clock until 10 o'clock this morning.

THIS DAY.

This morning at 10 o'clock his Honor the Chief Justice took his seat on tho bench and commenced his summing up of the evidence adduced in this case. His Honor, after reading the issues which wore raised, proceeded to say that the award of the jury would not be final, but subject to the approval of the Court of Appeal. This however generally followed the jury's finding. They (the jury) had to determine certain matters of fact from evi dence before thorn. In the first place as to the alleged acts of adulteiy on three separ ate occasions, he was of opinion that the evidence was conclusive, and the whole argument would turn upon certain grounds of defence to which he would presently call attention. In proof of the adultery between March and October 1872 Dc G-oldsbro' was the principal witness. He had been the medical attendant of petitioner and wife, and he deposed that in July 1572 he was attending Mrs Carpenter, then going by the name of Mrs CJifdon, and living at Seafield View.gjHe also attended Mrs Carpenter under the name of Mrs Barber at the request of Mr Barber. On one occasion he had seen that gentleman, and had been told by him that he was cohabiting with respondent. Mr Barber also paid the pro fessional charges. Further, it was proved that on the sth of February, 1873, respon dent had a child. Dr Goldsbro' was again called in. There were two issues which now arose. Whether the respondent had committed adultery, and whether the child was the co-respondent's. The child must have been begotten within the ordinary nine months previous to tho birth. This brought back the time when Pr Goldsbro' was in

attendance at the time of the respondent a cohabitation with Mr Barber Then as to the adultery between sth October 1872 and 18th June, 1873. Before the child was born Fanny Leckie was called in as nurse, bhe bad known Mrs Carpenter at Brighton and recognised her. She saw the respondent and Mr Barber in bed together on several occa sions. That witness was followed by the woman Coy!e, who also saw them in bed. Her testimony showed that co-respondent had nursed the child and called it " aonny. Altogether there was abundant evidence ot The adultery alleged on each of the three occasions. Considering the adultery as proved, they now came to the various de fenees-and here he would say that they mi^ht be permitted at once to dispose ot several of the issues. The first issue would be found in the affirmative. The second would also be in the affirmative. On the third issue, whether co-respondent was father of the child, it was shewn that before and after the birth cohabitation had taken place, and proved thai; separation of the respondent and co-respondent took place on a quarrel resulting from a dispute as to waether the child should take Mr Barber's name or not. No cohabitation with any one else than the co-respondent was even alleged. _ lhey would therefore rind that issue in the affirmative. The fourth issue had reference to the third period of the adulterous con nection, tnd if they believed Coyle'a evidence they would feel that that was settled. On the fifth whether petitioner committed adult ery with certain females, and also whether he was guilty of cruelty by communicating disease. No evidence was given, and they would find that in the negative. The ninth had reference to unreasonable delay in bringing the present action. The petition related to adultery committed in the early part of 1873, and was preferred in June 1873. It appeared to his Honor that the delay was not at all unreasonable, even had there been no excuse for it. There was nothing to compel a man to rush at once into Court in any case of the kind, but in this instance there was a very good reason for the delay. They would recollect that the petitioner was a poor man, and had to find funds not only for his own suit but money to pay the defence solicitor. At any moment ii this was not forthcoming the proceed ings might be stopped. On this issue they would find in the negative. Then they came to the consideration of the question whether, admitting the adultery and the reasonableness of the delay, the petitioner had condoned the adultery or justified it by wilfully leaving hi 3 wife ; also, whether he connived at ifc. The issue of condonation was, his Honor thought, easily disposed of. There was no evidence to prove it. Condona tion was a condition of forgiveness. But for giveness was only extended, provided the offender led a correct life afterwards. It was generally considered that to render con donation complete there must be a return to marilal intercourse, and the petitioner must be proved to be fully aware -of the adul tery. Now what was the evidence which was intended to show condona tion in this case. That when respon dent went to the Thames to see petitioner he sought her and wrote several letters to her. By some of taese it was clear that in March, 1872, petitioner was at Shortland. But the adultery took place afterwards, and it wa3 impossible to condone offences that : had not taken place. From the time when he discovered the adultery and the birth of the| child (petitioner refused to cohabit with the respondent, and commenced these pro ceedings. The issue of condonation must be determined in the negative. That left three issues upon which it remained for them to determine, Ist. Whether the petitioner had wilfully separated himself from the respond ent. 2nd., Whether he had been guilty of neglect and misconduct, 3rd., Whether he had connived at the adultery. These three decided upon the whole merits of the case. Although it was not desirable to trouble them with the whole of the correspondence, but it did seem necessary for the Court to direct their attention to some of it. His Honor here, in illustration of the points bearing upon the issue of separation, made comments on the married life of the parties, as shown in the letters already published. The re spondent's charge was that in July, 1870, the petitioner sold off the furniture, and breaking up the home left her without resources. Now, did the evidence show that this was done wilfully ': It was difficult at the outset to see how a person separated in July IS7O could justify an act of adultery committed in IS7?>, unless it was shewn that the absence had been continuous. It was shown by the evidence that he had expended nearly all his cash at the time of the break-up, and when he went away he left the respondent with furniture and means of subsistence. It might have been unwise, bat could not be said to be criminal. It was difficult to apply the learned dicta of English judges on this subject to the class of society in the colonies. The splendid pages of Erskine applied exclusively to the wealthy classes who were in those days the only persons to whom the expensive process of divorce was open. With them almost any kind of separation was looked upon a3 wilful neglect. This was not for a moment contemplated to apply to a sailor's enforcedabsencefrom his wife, or to a butler's residence in town while his wife, the lady's maid, was absent in the country. The separation of the petitioner and respondent in this Ccise appeared rather creditable tban otherwise to petitioner. It was brought about to enable him and her to get a living. And there was no proof she was reluctant to the separation. Then they would look at the circumstance in which the parties were placed. She was in furnished house with some degree of comfort around her. He was working in swamps digging gum, and living in a whare. Her letters contain these expressions, '' I am really sorry to see you so distressed." " I wish I had been more successful with boarders, and you need not have gone"—and yet this same person alleged in her defence the separation was wilful. Mr Whitaker here intimated to his Honor that the separation charge had reference to petitioner going to Shortland and not to Wangarei. His Honor said that the same reversed condition seemed to prevail in all the separ ations. On the 14th January IS7I, it being July 1870, when the Bath-street establish ment was broken up, it was she who had left him and gone to Sydney. There could be no possible ground for calling such separation wilful. They had the evidence of Mr Banks to shew that after the respondent wilfully separated herself from her husband he tried to find out her whereabouts, and partially succeeded, and he felt bound to say that there really appeared no ground upon which they could rest the assumption that the petitioner wil fully absented himself against the respon dent's wish. Then there was tlie other point, that the petitioner was guilty of neglect as conduced to the respondent's adultery. The jury must bear in mind the time when adultery witb the co respondent ia alleged to have taken place. The evidence shewed that at Burdett's, Hulme Court, and Bath-street there waa no thing seen that could be constrned into an impropriety, and the acts of adultery wit ion the petitioner's neglect must have conduced to, xf it did so at all, wer§ those committed

in Seafield View and Alten road. Tr Vmßgt be properly satisfied that the pevjJon«A neglect or misconduct actually coß?4eed t the acts of adultery which had. been cam; mitted. Now it would be see"h that at tTbk time the petitioner was at the Thames, and the respondent living either in Seafield View or Alten road. From the evidence of Jf, ; Banks it appeared that Mr Carpenter acted in a way which proved that he did not kao» where his wife waa. It is true that after • returning from Sydney she went to Grahams town and saw him, and that interviews took place between them, extending over fl ve days, but she again left, and did not intimate where she was living. Evidence had been given shewing that her husband, after that - time, had been inquiring for her wifcbut ' success. She had stated that she was living ' in Seafield View—yet the petitioner had a<C : i dressed one letter to her, care of Rolfe ':' Sterry and Co., under her instructions, be. cause he did not know where she was'li?} v ing. She appeared, when »he left Grahams! town, to have shaped her own course. If the argument was to have any value it mssb ■ be that petitioners conduct 1170 conduce^ to this adultery in 1872. Sometimes it did so happen that there wa3 a long train of ne. ; gleci; leading up to such an occurrence. For instance a party might be aware that his wife was very intimate with captain so-and-so, _ and yet for years allows her to go on in his company in a way that leads to adultery. And if it had been . alleged that these acts of adultery o£ which the petitioner complains had been committed -; in ' Bath-street, then there might have been ;? more reason for arguing that the petitioner's negleot had conduced to it. His Honor ■ quoted from a leading authority to shew '■ that there must be satisfactory evidence ' that the intimacy was of a dangerong '■: character, and that it waa recklessly disregarded by the husband, who allowed his wife to remain exposed to it. If ; the petitioner had seen his wife going out to theatres, excursions, walks in the Domain '; and other places with Barber, and yet had failed to interfere, he might reasonably Sj have been charged with neglect conducing to ■ S the adultery. Bat when there were no such < evidences of undue familiarity it would befor; the jury to consider whether the petitioner could fairly be charged with conducing in S this was to the adultery. His Hoa,or next % proceeded to comment on the plea thai- the I adultery between the respondent and CD- | respondent was with petitioner's connivance. ! In most of the cases where such a plea wag I put in one act of adultery had been com- f; mitted to the knowledge of Jthe petitioner > and been winked at, or compounded for ia , some way, and that-then the petitioner came .'. to complain of a repetition of the offence. In -1 other cases the petitioner had seen the parties together in an improper way and winked at it. Hie same difficulty of i time was hei'e encountered between the 5 alleged connivance in 1870 and the acta of adultery in 1872. Mr Hesketh had truly.''.:■■ told the jury that in order to be connivance' ' there must be a willing mind—in fact thai the husband intended such an offence should ! take place. His Honor quoted authorities i to shew that mere inattention, mere in-: difference or dullness of apprehension will ~ not amount to it, but there must be a willing ;i| assent. If a man were conscious of a state : of things existing that any sensible person would conclude must be followed by adultery, . and did not try to prevent it, he mußt be "1 held to be guilty of conniving at it. In the ] present case:, so far from there being proof of ', the existence of such a state of things, the evidence all went the other way. It was shewn that at the times these acts of adultery were committed the petitioner did not' even know where the respondent was It ia perhap3 true that he might have found « her out by leaving his work at the Thames, ] or employing a detective to watch the box of ? Rolph, Sterry and Co., to see who took the letter and where it went to, but what wa* required by the language read waa not thai; he might have found out, but that he knew it. They must not consider whether tie mighthave- I found out the existence of an improper state' of things, but whether knowing it he winked | at it. What was the position of the parties in 1872 ? . Why he had cast her off believing" ■ that he waa justified in doing so. She had - told him that she had been guilty of adultery : with Clay, and although they had long inj»r<fl : views while the respondent waa at ihe Thames, which might at the time have' looked like condoning the offence, yet they I resulted in rejecting her. Hia Honor I read several, passages from the respondent's'! letters to tent the veracity of the petitioner*} :'f evidence regarding what the respondent had/., told him about Clay, and he thought they corroborated his statements. In considering^' the question of connivance they must look at,; what hia duties were. Had he lived with herhe would have condoned her confessed adultery^ with Clay. He was, therefore, free to let her ; '^ go where she liked, and that could not make'; pirn responsible for any adulteries committed I by hsr afterwards. That there was I neglect in IS7O could not form a plea of^i connivance hi 1872. His Honor said it was 1 common in the colonies to find a husband striving in one place and a wife in another. It was of course to be considered whether;; this person was one that could be trnsted*' He would bu sorry to bruise a broken reed,;/ and always sympathised with women. Bui; still this woman, although young it is true, was of vigorous intellect. Sometimes ,; we find her hopeful, and at other times \ downspirited, rejoicing and sorrowing, passionate, strong in her loves and her hates, Her motherly tenderness breakingoutattimes I was shewn by her letters to the Thames, in; • which she expresses her dislike that the children's arms should remain exposed to the sun, and on receipt of a photo- - graph speaks of the bad make of their dresses, and gives instructions for remedy ing them; pitying h«r husband in one. breath and cursing him with the next; wishing that their children were with her"! mother that they might be well cared for, and at another time that they were : dead. He thought these things showed that she was an intractable woman with whom a man could no nothing. ■■■' On the other hand they had to consider his position, struggling with adversity, and; unable to pay small bills—even forsooth dig ging gum for his support, although he had been brought up to lighter labour. She was evidently an impulsive creature, who might,, had she fallen in with a man ia harmony with her disposition, been gently led to happiness. He, a man of sterner disposition, a metaphysical student, who could reason of judgment to come arid doubt it—who expresses ahopethathe maybe eternally damned, and yefc doubts the existence of danmatiion. A union of two dispositions could not have been more tin-1 fortunate. His Honor spoke at considerable length on the evidence of connivance. With reference to the bolt on the door at Hulme Court, he said that if this had been an act of connivance it would have implied the knowledge of adult tery committed before, which was not ; proved, and was rather disclaimed than otherwise. Besides when that bolt waa put on the petitioner was sleeping with hia wife, and when he returned from Whangarei it had been shewn that he occupied the only room in the house that was vacant. It was admitted too in his wife's letters that he went to Whangarei because he had no means o*:; support, and waa it likely that be woultt.. go there and. ex|oß§ himself wt ~ -*» *" y.""

TB% SVBVIIto STAB, SATtTi&DAY, JAOTATtY 24 18%



QHBI|STMAS PEESSENT A3TD ■ NEW YEAE'S GJFTS, TOOM FIVE TO TWENTY-FIVE PER CENTDISCOUNT. R. BECK, JEWELLER AND WATCHMAKER, Will supply JEWELLERY, WATCHES, CLOCKS, &c, POR CHRISTMAS PRESENTS AND JNEW YEAR'S GIFTS, At a Uednellon of ; » X per cent discount.1! N.E.— All Goods marked i Plain Figures, an guaranteed. QUEEN STREET. 150 000 PEET TIMBEE FOR SALE, AT MY YARDS, GOVERNMENT WHARF, ONEHUNGA. JAMES W. WALLER. /"I A U T £ 0 N. L 8 O N'S TOMATO SAUCE. Connoisseurs pronounce thU, Sauce to be the BEST for general use in households, and, in con gequence of "its high, reputation, som* unprincipled persona have been induced to Collect Empty Bottle 3, / bearing tha manufacturer's name stamped thereon, f and pass the same off aB " Olson's Universal Tomato Sauce." The proprietor has in consequenae caused his TRADE MARK to be Registered undervtfte provisions of the "Trade Marks Act, 1866," md proceedings will be taken against such persons as may forge or counterfeit such mark. The public are traUoned to ' jASK VOE. OLSON'S SAUCE, and aea that the name is Stamped on Bottle and (topper, and wrapped round with his well-known abel. " [Established 1864.] DSTEPHENSON & CO.'S • CELEBRATED COFFEES, "EXHIBITION BRAND" "EAGLE BRAND" "CROWN BRAND," Are to be procured at all respectable Grocers and Biokkkbepbrs throughout the Province of Auck and. D. STEPHENSON & CO. WYND HA M S«T RE E T AUOE.I.AKD TT ATS! HATS! SUMMER HATS AT REDUCED PRICES. IN OBDER TO EFFECr A CLEARANCE EUSHBROOK fe BRIDGMAN haya decided to Bell the Balance of their Summer Itos'i CbJldretf b and Ladles' Straw Hats at COST PRICE. A Ore&t Variety to select froxf EUSHBROOK & BRIDQMAN (LATiS E. HOBBS), WHOI.K3AI.B ASD RETAIL DItAPEItS, CXOTHTEHS, &<3. JTJNOTION DKAPEEY WARBHOUSB, (Opposite the Army and Navy Hotel,) 7P?B» QXKBEW-SmEKT, AUCKLAND.



INSURANCE. THE NATIONAL FIPJS AND MARINE insurance Company of new Zealand "PROTECTS Insurers against Loss -*- from either Fire or Sea disasters at Lowest Rattw op Premium. Advantageous arrangements can be mafle whereby "Wool-growers und othera can have their Clips covered from Sheep's back through to London. Open Policies are issued by this Company covering Merchandise to any amount to New Zealand and Australian ports, saving both trouble and espouse to Insuren. By a simple plan also Importers can Insure in Auckland Merchandise coming to them from United Kingdom, and all settlements in event of loss can be made with the office here, thus avoiding the vexatious delay attending adjustments in England. Auckland Branch Offices: 25, Queen 3treet. ANDREW G. MILLAR, Local Manager.