SHIPPING INTELLIGENCE.

HIGH WATJEE : Tail evening, 3.30; to-morrow Bttornln<, 4.15 STJNT-SEi : This evening, 8.17; SITN-BI81: To morrow jaunting, 5 11 aiXK/isV* AG£: Full Moon, 25th, ?.O p.m,

ARRIVALS.

DEPARTURES. Star of the South., s s., foT Levuka Albatross, sehooneri for Wangapoa Mera, schooner, Pallant, for Newcastle 1 Glimpse, barque, Stayers, for Newcastle

PROJECTED DEPARTURES.

For Newcastle— Chanticleer, brig, to-morrow For Russell— Christiua, schooner, to-morrow For Kaipara—Vision, brig, early For Dunedin—Zealandia, sbip, early For San iTrancisco—Macgregor, s.s.. Mail). 30tn inst For London — Countess of Kintore, ship, 21s instant; Ferndale, barque, City of Auckland, ship, early

VESSELS EXPECTED.

Taranaki, 8 s., from the South, Thursday Hero, s s., from Sydney, about the 23rd instant Macgr»gor, s.s , fro <n Sydney, about the 30th instant "Viciorii, s.s , from Sydney, eariy City of Melbourne, s.s., (inward' Frisco Mail), early Blackbird, s s , from Sydney, early Papu», schooner, from Kamtonga Ivanhoe, schooner, from Levuka Southern Cross, Mission schooner, from South Sea

Islands, early Edith Hose, barque, from New York; sailed Sept. 10 Stanley Castle, barque, from London ; sailed 9th July Hydaspes, ship, from London ; sailed August 8 Assaye, ship, from London ; sailed August TVaitangi, ship, from London ; sailed August 1 Memento, barque, from Newcastle, early Dauntless (Hawaiian schooner), from New Caledonia,

early Pearl, ketch, from South Se* Islands, early Chocola, barque, from San Francisco ; sailed Sept. 10 Bapido, barque, from New York.via Adelaide, loading Daußtles3, topsail schooner, from New Caledonia, early

IMPORTS.

Per Pakeha, brig, from Oamaru :—1,600 "bags wheat, 500 bags bran, 150 bags wheat, order.—Master, agent.

The following were the passengers who went away yesterday in the Star of the South for Levuka: —Saloon : Mrs Wilson and child, Miss Haslett, Captain and Mrs Little, Messrs S. Levy, Korchner, J. W. Anderson, L. Myers, Maitland, D. H. Drew, W. D. Brewer, J. Cunningham, O. H. Jones, and eight in the steerage.—A.S.P. Co., agents, Captain Nearing has nearly completed his contract for removing 600 tons of coal from the ship Condoren. The effect of the removal has been to display about three feet more of the vessel's side. Mr. Gouk's workmen will now be able to proceed with their work of refitting the ship mors rapidly. The new steamer Sir Donald had a trial trip in harbour yesterday afternoon. She appeared to travel afc a good pace, and but few alterations will have to be made in her machinery.

COMMERCIAL.

At Mr G. W. Binney's auction mart to day Craig's mill and bush were sold for £5,000. Mr Ward was the purchaser.

CA E,LS

Th* fallowing are the current calls payabla in the companies named below:— £ s. d. Date. Bla-k Angel 0 1 0 — Oct 22 iedQmcn 0 G 0-Novll Bismarck ~ .. ..0 0 8 — Novll

AUCKLAND STOCK AND MINING REPORT.

Business done — Colonial Bank— Sellers, 12s 6d. Fiji Bank—Sellers, 62s 6d. South British Insurance—Sellers, 51s. National Insurance —Buyers, 28s Gd ; sel lers, 30s. Caledonian—£s 10a ; buyer?, £5 5s ; sel lers, £5 10s. City of London—Buyers, 235. Moanatairi—Sellers, 36g. Cure—Buyers, 9s 6d. Vanguard- Sellers, 2s 3d. Bright Smile—Buyers, 48s. Golden Calf (paid up)—7s 6d ; sellers 7s 6d. Golden Calf—Sellsrs, 4s 9d. Union Beach—Buyers, 10s 6d. Auckland Gas—Buyers, £11 sg. Union Sash and Door Company—£lo. Alburnia (ne-a?)-25s Sellers, 27s 6d. Do.—(paid up) Sellers, 303.

CHIEF POST-OFFICE, AUCKLAND.

Mails will Close as follows :—

For Tlnmes, this day, at 5.30 p.m., and to-morrow, at 10.30 a m. For Cororoandel, per Hauraki, on Friday next, at 11 30 a m,

For Newcastle, N.5.W.,, per Chanticleer, to-morrow, at 8 a.m.

Fpr Waiwera and Warkworth, per Lady Eowen, to morrow, at 10 a.m. For London direct, per Countess of Kintore, on Friday next, at 4 p.m. For Whttiangi, Tairua. Opotiki, and Napier, via • Taurnnga, per Southern Cross, on Saturday next, at 1 p.m. For Taranaki and Southern provinces, per Taranaki on Saturday next, at 5 p.m. For Chatham Islands, per Magellan Cloud, on Monday next, 26th instant, at 2 p.m For the undermentioned places per s.s. Macgregor, on frida^, 3:) th instant, as under. — For Fiji, Sandwich Islands, United Stales of America, British 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. Err money orders, registered letters, and news papers, at 11 a.m.

Late letters bearing an extra fee of 6d in addition to the postage, will be received by the Mail Agent on board the steamer up to time of sailing Mails for Australian Colonies close at Hokitika at noon to-morrow.

S. B. Biss, Chief Postmaster.

DEATHS.

O'Neill—On the 20th instant, at Coromandel, John O'Neill, Esq., of O'Neill Town, Coromandel, late of Inveraray, Argyllshire, Scotland.

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

WEDNESDAY, OCTOBER 21, 1874.

for the cause that lack? assistance, J For the wronjr that needs resistance, For the future in the distance, A*i tlio gaoU that fie cm do.

We have heretofore refrained from com menting in any way on the criminal prosecution brought against this journal by Captain Fraser, "Resident Magis trate of the Thames. From such com ment we were precluded by every sense of fair play. A jury of our fellow-colonists have, however, this morning refused to say that we are deserving of bonds and imprisonment, and we feel relieved from the obligation to silence. Nothing that lias occurred during the past six months, since the occasion of all this trouble arose, has led us in the slightest degree to alter our opinion that Captain Eraser's cen sure of the police was ill-timed and injudicious iii the extreme. This the jury have unanimously affirmed, and the principle for which we made a stand has received entire vindication at their hands. But we are free to admit that our comments on Captain Fraser have given to that gentleman pain that was not intended; and that they appear susceptible of a construction that was not in the mind of the writer. We felt very strongly at sight of any seeming barrier being interposed in. the way of the pursuit and the conviction of specimen, stealers, and the words in which those feelings found vent wr tf not well chosen. An effort iaS been made to show that our comments were actuated by feelings of malice. This was impossible. Never before had any thing occurred to bring Captain Fraser and the defendants into unfriendly attitude. To one of them he was a total stranger, with the other he was on terms of personal friendship. The com ments on the occasion made in. this journal were inspired solely by our sense of the importance of this matter to the whole community, and, it may be, an undue zeal in the cause of the suppression of an offence that beyond all others has been the bane of our goldfields. Throughout these proceedings Captain Fraser has expressed Ms desire and intention to be only the vindication of his own character, and he has now publicly explained the reasons which induced the remarks wliich we so strongly condemned. Had this matter been only between Captain Fraser and ourselves it would have been settled long ago amicably and in a manner as honorable to Captain Fraser as it would have been pleasing to ourselves. * But there were those behind who had their own private vengeance to gratify, and no regard for Captain Fraser's feelings or interest deterred them from driving him on, so that they might have their pound of flesh from the Star. A civil action was not sufficient for them. That would not give them the pleasure of seeing the conductors of this journal imprisoned. It might have' suited Captain Fraser as well; the jury thought it would have suited him better. But that would not have gratified their sweet desire for ven geance. We trust however that they will now at least show a little manly spirit, and pay the whole of the costs incurred by Captain Fraser. To that gentleman himself we now desire to express our regret for any annoyance which the excess of our comments may have caused to him. When put on the defensive we were of course obliged to defend ourselves, but we think that he himself will admit that we have not endeavoured to make the position of prosecutor unpleasant, except in so far as was necessary to placing ourselves right before the jury. There has been a good deal of " tall talk" perhaps on both sides in connection with this affair ; but, without knowing what may be the feelings on the other side, our intention is to forgive and forget.

Of course it is not considered allowable to pry into the jury room, but the unjustifiable statement made by Mr Firth last night compels us to set ourselves right with the public. Mr Firth stepped beyond his duty, and the usages of foremen of juries to say— "Almost all the jury with one or two exceptions were agreed that the articles were libellous." The wish, we presume, was father to the thought, but the words were promptly contradicted by a general "No J' from the jury-box. Mr Firth made an excuse this morning by saying that what he said was that "the majority was for convic tion," which he now begged to state was also a mistake. As Mr Firth thus revealed the secrets of the jury, and his Honor the Chief Justice stated last night that he "did not see. any harm in it," we presume it will be '* no harm " for us to state what we do state on the best authority, that with the excep tion of Mr Firth himself there were only three others who desired a conviction, and that eight jurors were equally determined on an acquittal.

A large supplement issued with to-day's paper contains a full budget of local news. In it will be found the report of the annual meeting of the Bank of New Zealand, the proceedings in the Supreme Court to-day, etc. As usual, the director' 3 report of the Bank of New Zealand indicates a very satis factory state of prosperity. Agaip a divi dend equal to fifteen per cent, is declared, and a large balance carried to the new year.

The grand fancy bazaar in aid of All Saints' Church, Ponsonby, will be held on Thursday, Friday, and Saturday, of the present week, in the National Mart Queen street. Great preparations have been made to render this bazaar a success, and it is to be hoped that the result will be sufficient to liquidate the existing debt upon the church. A number of young ladies have been most indefatigable in the cause, and the exertions of the committee are praise worthy.

The Captain of the Rio Loge has called at our office to contradict the statement about the alleged inhuman conduct in con nection with the capsized boat alongside his vessel. He says that when the boat came alongside he was aroused from his sleep by hearing some men quarrelling amongst them selves about a cask of beer that had been lost. The man on the watch on the brig had

previously thrown them a rope. The mate went on. deck, and in the darkness could just see some three or four men in one boat tow ing another behind them. As a rope had already been thrown to them, and as he was not aware that there was anything the mat ter beyond, he concluded that the cask of beer had something to do with, the quarrelling, -which sesmed to be going on and took no further notice of the matter. He assures us that had he known that the boat was in any way in distress, or had its occupant come on board the brig as they might have done, they would have received every atten tion and assistance. That if any neglect of their real wants was shewn by those on the brig it was entirely through ignorance of the existence of such necessity, and those in the boat were alone to blame for it.

His Honor the Superintendent, accom panied by Mr FTolloway, proceeded this afternoon to the Waikato.

A laughable incident took place in the Supreme Court this morning on the swearing in of the special jury who were empannelled to try the case of Ireland v. Broaden. One of the jurors, no doubt having before him the prospect of a night's imprisonment, similar to that endured by their predecessors, had pro vided himself with a"fi,isk and haversacks, which he did cot attempt to conceal, and which no doubt contained creature comforts for tho solace of his contemplated confine ment.' The Judge ppotted these preparation aid was down upon the provident juror in a twinkling. Having stated what he had

seen he said he must iuform jurymen in general that they wore not allowed under pain of being fined to take refreshments into the jury-room. Under any circumstauces it was not allowable that one should, be com fortably provided and* the rest not so. He must insist upon all starting fair. Tho un fortunate juror was compelled reluctantly disgorge. " Our statement '* ' ■■ c ,, , tninmor,'- - the proceeds of the enter tainm -^ given by Mr Doran and brother amateurs in aid of Mrs Ryan was in one respecb innauctirate. The sum actually handed over to Mrs T?yan was £31, not £30, and the printing and advertising account only £4 lls instead of £5 lls, £1 for printing having been remitted by this office.

The Licensed Victuallers' Annual ball will take place to-morrow evening in the Choral Hall. We understand that tha ball will be of a superior character, and that, by permis sion of Captain Anderson, the Engineers and City Band will perform during the evening.

A meeting of creditors in the estate of John Simpson, hotel-keeper, of Te Awamutu, was held to day, when Mr Thomas MacfFar lane was appointed trustee, and Messrs T. W, Doonin and W. M. Hay supervisors. The bankrupt's liabilities were set down at £820 lls lOd ; assets, £157.

A special steamer will leave the North Shore Forry T on Friday next, conveying passengers and luggage on board the Coun tess of Kintore, and not on Monday, as was erroneously printed in yesterday's issue.

The anniversary soiree of the Newton Congregational Sunday-school was held last evening in the school-house, Edinburgh street. An excellent tea was provided for fclie occasion, of which 350 adults and child ren heartily partook. The trays were given by Megdames Booker, Wood, E. Wood, Ivlyett, Ptigh, Salmon, Potter, Rowe, Tucker, Waddell, and Messrs C Spragg, sen, and Wesley Spragg. The room was artisti cally decorated with wreaths of ferns, flowers, and. evergreens, and numbers of pats of living plants were placed around. Vases of fresh flowers adorned the tables, and these with hundreds of smiling faces, gave a lively appearance to tho whole scene Mr Firth was unavoidably absent, being on the jury at the Supreme Court, hence Mr Ellyett was voted to the chair. The proceedings opened with a hymn, from a collection prepared especially for the evening, and a prayer. The Chair man, after a few introductory remarks, called upon Mr Spragg, the secretary, to read the tenth annual report of the progress of the school, which shewed that at its commencement, ten years ago, it numbered eleven souls, but now it has 250 scholars and 14 teachers. The library includes 370 volumes, with Mr Harry Potter at its head. Mr Enoch Wood, superintendent, read the financial statement, which shewed that the income, including a balance cf £32 163 7d from the previous year, was £152 12s 3d; expenses, £120 9s 9d, leaving a balance in favour of the school of £32 2s Gd. The report and balance-sheet were adopted. Several excellent addresses were successively given, interspersed with melodies by the choir. Mr Battley gave an interesting address on " The Sunday Schools of the pre sent and future," of a statistical and en couraging character. Mr Glanville de livered a carefully written paper on "The nobility of the Sunday-school Teachers' work," which was well received, and worth}' of printer's ink. Mr Jackson delivered an oration on the " Teachings of the Old Book," which, with but one exception, was unexcep tionable. The words " sentimental bunkum" seemed to mar Mr Jackson's speech. Mr Ewington spoke effectively on " Sunday school influence" in connection with home teachings, and urged the necessity of obedience in children. The choir sang several hymns during the evening in a very pleasing manner; and Mr Enoch Wood, with his wonted ability, presided at the harmonium. We have never witnessed a more agreeable entertainment. Everything was in perfect order, and much taste dis played in the general arrangement. It is gratifying also to know that the friends and teachers of the Newton Sunday-school are doing a good work in that thickly-populated neighbourhood.

The quarter session of Mr Blomfield's Tonic Sol-fa Singing Class having closed, a soiree will be held in Edwardes-street school room to-morrow evening to commemorate the same. The proceedings will be of a very interesting character, preceded by a brief lecture on the system.

To the Editor : Sir, —Allow me to draw your attention to an intolerable nuisance, a nuisance although the party causing it has been frequently expostulated with, remains in all its danger. Close to the Whau Bridge, and tied to the bridge itself, is a large quan tity of bark piled, covered with a tarpaulin, which flaps up and down with every gust of wind. Mr McLeod, of Henderson's-mill, had a very narrow escape of his life through it a few days back —not only him but the life of a valuable horse as well that shied at it. As the settlers of the Whau are treated with contemptuous indifference when they expos tulate with the owners, I have thought it as well to bring it under the notice of the authorities through the Star.—lam, &c, T. B. Hannaford for Andrew Dilworth.

At the resumption of the inquest yester day at the Freeman's Bay Hotel, before Dr. Philsofl, on the body of Henrietta Tapuni, who was murdered on the evening of the 13th inst., Haukore Kerehi (father of the girl) and Detective Ternahan gave evidence. Dr. Goldsbro', who had held a, post-mortem examination, minutely described the ap pearance of the body, expressed an opinion that death was caused by physical injury or violence inflicted on the neck, the result of which would be speedy death. The coroner having addressed the jury on the nature of the evidence, which was purely circumstan tial, they returned a verdict o£ " Wilful Murder" against the accused, who was formally committed on the Coroner's warrant to take his trial at the next criminal sittings at the Supreme Court. The prosecution on the part of the police was conducted with much ability by Sergt.-Major Pardy.

SUPREME COURT.—Yesterday.

CRIMINAL SESSIONS.

(Before His Honor Sir George A. AItNEY

Knight, Chief Justice.)

Libel Case.

7HE QUEEN V. REED & BRETT,

MR REE3 ADDRESSING THE JURY.

May it please your Honor and gentlemen of the jury, in this case, although I trust that I shall not weary you in any way by aoy remarks, or the length of those remarks which I may have to make to you upon this subject, yet I trust that you will bear with me considering the importance of the sub ject itself which, although it was alluded to by my learned friend, Mr Hesketh, in his opening of the case, seems somewhat to have been forgotten in the learned address of Mr Gillie) afterwards. Considering the import ance of the subject it is one to which the jury may well give some little consideration, and pardon the counsel for the lengthening his address to what in other cases would be unnecessary prolixity. We must remember the circumstances which existed at the time these events happened, and I think that you will see and agree with me that in the state of things which existed in this town and in this colony thai; the question of the liberty of the Press is a very important one, and although it may be said that the charge here is a distinct charge against the defendants of a distinct breach of the law, yet it must be seen and felfc by all of us that in the consi deration of it there would be involved the consideration of a much greater principle, a very much larger and more important prin ciple indeed than the mere breach of the law by which the defendants who are now upon their trial before you are charged When my learned friend, i.lr Hesketh, opened the caS6 you will remember that her-' ", a °, y ( an exceeding • . -** words of , as th" ■' ->> "roatl meaning, tie told you __ jury who were to try the case between the parties—he told you that the case was to be conducted irrespective alto gether of the merits of Mr Fraser as v, man or as a gentleman—irrespective of his personal feelings—irrespective and independently of the damage which any libel such as the alleged libel in this case might have done him in his private character—but that he would appeal to you, and the prosecution would appeal to you, upon the sacred ground of public justice — that, indeed, the prosecution had only been commenced because the defendants had impugned the justice of the administration of Mr Fraser as a magistrate, and because they had ventured to call in question his pure administration of the law. But, gentle men, you will have remarked that this ground has been altogether departed from ; you have not heard a word since that open iug, not one word, which would lead you to believe that the present prosecution has been commenced, carried on, and continued

even to the closing speech of counsel—l say you have not since the opening speech of my learned friend heard a single word which would lead you to believe that the prosecu tion was commenced in the interest of public justice— but that it is simply the prosecutor Captain Fraser, seeking reparation at your hands by asking you to punish the defend ants because they have injured him, not because they have attacked the administra tion of justice, but because they have injured him. I ask you now carefully to remember this. I ask you carefully in your Ovvn minds to go over the evidence and speeches of counsel to see whether there has been the slightest cause for stating that the articles in question before you were attacks upon the administration of justice, and whether they have not been directed to this one point. Have Messr3. Reed and lirett unjustly accused Mr Fraser ? Have they given utterance to sentiments and words which would tend to damage him, and have they in part broken the law by attacking him so as to bring themselves within his power to wield the engine of the law against them to punish them for a personal attack. I think you will sec that the statement of counsel in opening the case that it was not a personal prosecution, but a prosecution conducted in the interest and vindication of law and justice, is utterly gone, and that the only question which re mains before you now is—Has Mr Fraser been so personally attacked ; have the de fendants published articles in the Evening Star which were ro unjust, so far beyond the limits of true and right criticism—words indeed for which no justification can be found, so that you must find them guilty of a crime against the law, brand them as cri minals, and punish them for the commission of a crime ? It seems to me that is after all what it amounts to, notwithstanding the somewhat high-sounding phrases used by my friend Mr Hesketh. We must not forget that he and Mr Gillies are men who in any case are more than able to take their own part—men who when they have to speak on any case are able to adduce arguments in support of what they say to the jury. I must say that when I heard the address of Mr Hesketh, and especially the address of Mr Gillies, whom I have heard and admired for many years, both in the law courts and in the councils of the country, and whose utterances have always commanded respect —I say that I never heard a more important address than that which he made to you this morning. I could not help thinking that they themselves felt that they were ham pered with a fact which continually dragged them down when they attempted to soar up above anything?like commonplace remarks; that they felt they were not advocating the interests of justice ; that they were not vin -1 dicating the administration of the law, —but that they were simply attempting to punish the publishers of this paper for having attacked Mr Fraser. This is what it amounts to, and I put it to you as men of common aense whether it is not so ? In this case a mountain has been in labour and has brought forth a mouse. It is not upon that ground that I have to ad dress you. You have heard from my learned friends that no doubt a great deal would be made in the speeches of the counsel for the defence of the liberty of the Press. My learned friend Mr MacCormick in addressing you has taken up one side of the question, and, with your permission, I will take up the other. He has told you of the law ; he has told you how the liberty of the Press has emerged ; how great statesmen and great lawyers, as well as the majority of ordinary men, have felt, with the growing knowledge of the times in which we live, and the growing experience—to be felt that it is far better to allow perfectly free discussion upon nearly all public topics, especially where the interests of the people as a whole are con cerned—that there shall be absolutely free discussion, even although individuals may havesore places rubbed too and fro ; although their toes may be trodden on, and their feelings to some extent injured or affected that it was far better that the Press should be free and uncontrolled than that it shall be liable at any moment to be pulled up, either for an unguarded expres sion or for an expression of opinion which is not justly founded —in fact that the Press shall have what my learned friends on the other side claim for Mr Fraser in his magisterial capacity ; that although it may be mistaken in ita deductions, although the ground upon which its arguments proceed may be erroneous, and although it uses terms which are not perhaps justifiable, and yet it shall be free to state them openly to the public, whether it speaks the truth or whether it speaks falsely. What is the case with respect to the very gentleman who comes before you, Captain Fraser himself ? As my learned friend Mr MacCormickpias well put it to, you his own counsel entered upon an elaborate defence of this gentleman's character; they called

witnesses to his character, so much so indeed that his Honor the Chief Justice actually said that if they continued to put fiuch questions counsel for the defence must be permitted to impugn his character. When Mr Macdonald, a gentleman whom we all know and respect, was asked whether he knew Captain Fraser, and whether during the five years he knew him if he ever knew him to pander to the passions of the multi tude he said "No." The learned counsel were proceeding to ask the prosecutor himself questions on this point. It betrayed a knowledge on their part that their case was weak, and Captain Fraser himself was put upon his trial. He had placed himself in such a position by his comments from the Bench that he had actually to state before you. or endeavour to do so, that he was an hone3t upright; judge ; that during all the time he had been'at the Thames he enforced the law without respect of persons. Gentle men, that admission was a fatal one for my learned friends, because it allowed that if it was necessary for them to defend Captain Fraser before you the Press and the public might well fix to the words which lie spoke in Court a meaning which perhaps he might not have intended—a meaning which he did not intend the words to convey. If my learned friend Mr Hesketh's remarks were feeble I must say } amending in the order of merit, the address of my learned friend Mr Gillies was still more feeble. These gentle men seem to me to be trying to perform the task of Sisyphus of rolling a big stone up hill; as they rolled it up a little way it came down again upon them. Our mouths being closed, and not able to prove the correctness of any statements made, counsel on the other side were lifting up this stone up the hill-side, and even at the close of their case, and when Mr Gillies had ad dressed you, the stone returned just where it was before, so that Mr Fraser stands now as he stood the moment after the sentences were Uttered which had been the subject of so much comment in the newspapers. If he did commit an injudicious act; if he did lay himself open to public comments ; if in the exercise of his duty he made une of words which he should not have made use of, in the height of momemntary feeling—and you have seen by the gentleman's conduct in the box that he is peculiarly subject to hastiness of temper—l say since those were uttered by him he placed himself in the position of having unfavourable comments passed upon him by the public Press, passed upon him by a jury of his countrymen - passed upon him by any men who understand the meaning oi words and who know the' circumstances under which those words were uttered. I pay his position now is the same as his' position was then ; and it ±13 open to the jury now, as it was for the Press then, to enquire and to draw their own inference as to the meaning of those words. Although it may be that that inference may be somewhat cleared away by Mr Fraser's statement that he never intended anything of the sort, still that is hi 3 sworn testimony. It is open to you to believe that the words which Mr Fraser used in commenting upon the conduct of the police did in fact justify, and in facb did tend to raise such inferences in the minds of] ordinary men as were contained in the articles before you. Now, gentlemen, my learned friend Mr Gillies put to you - and I speak with all due respect for him as my senior in age, in knowledge, and ex perience—he put before you a false issue. Feeling that there was not the slightest foundation upon which the charge could rest he attempted to touch the sympathy, feel ings, and prejudices of the jury by telling you that it you acquitted the defendants you found that Mr Fraser was unfit to sit on the magisterial bench, and that he ought to be dismissed. Gentlemen, it is not so. You cannot enquire into the truth of the charges, if any charges be made ; that is not your province. His Honor will tell you that in a case of this sort you cannot enquire in any way into the truth of the charges which are made, supposing charges to be directly made. Supposing the Star directly charged Mr. Fraser with sympathising with specimen stealers — supposing this STAR charged him with pandering to the worst passions of the multi tude—supposing the Star charged him distinctly and directly witb. any fault what ever, under the plea of "not guilty" you Could not enquire into the truth of those charges. If you convict Messrs Heed and Brett of libel you do not show that the charges against Mr Fraser are not truth. If you acquit them of the offence which is charged against them, on the other hand, you do not say that the charges are true. Do not forget that, gentlemen. Do not be led away by any statements which counsel may make, but remember that you. by your verdict, cannot state that the charges, if ever made against Mr Fraser, are true, or that they are not true. That is not what you have to consider ; that i 8 not the case which you have to jiidge. What you have to judge is simply this:—We do not deny the publica tionof the articles ; no technical objection in the slightest degree has been taken ; the de fendants put themselves upon the country. They say—We have spoken that which was right under the circumstances in the per formance of our duty as the guardians of public morals, as the guardians to a certain extent of public property ; as the guardians of the welfare and interests of the public we have given utterance to our comments upon that which Mr Fraser stated from the Bench. \ll you have to do is to say—the publication being admitted—was that under the circum stances a libel or was it not; was it such a comment as reasonable men knowing tha facts, knowing that the words were spoken by a magistrate, seeing that the remarks were published in the newspapers, were they so outrageous—were they in fact evidence of such a malignant hatred against Mr Fraser in the bosoms of the publishers and writers of those articles as to compel you to state that these persons did commit a crime against the laws of the country, and that they should be punished for so doing ? Gentlemen, I intend to read to you one short paragraph from a legal case, although I shall quote to you the opinions of a very great man, perhaps one of the greatest men among the English lawyers—Lord Brougham—in respect to the liberty of the Press, the rights of the Press to express its views, and those principles which will guide jurors when cases like these are brought before them in deter mining whether the matters are libellous or not. In reference to the determination of what is libel I will quote the words of a Baron of the Courtof Exchequer—BaronParke - in the libel case of Parmiter v. Coupland and another, where he uses these words : " A publication, without justification or law ful excuse, which is calculated to injure the reputation ofg another by exposing him to hatred, contempt, or ridicule, is a libel, Whether thejpartieular publication, the sub ject of inqury, is of that character, and would Jggbe likely to produce that effect, is a question upon which a jury is to exercise their judgment, and pronounce their opinion as a question of fact. The judge, as a matter of advice to them in deciding that question might have given his ownopinion as to the nature of thepublication, but was not bound to do so as a matter of law." It is this safeguard, gentlemen, after all to which may be ascribed that saying—"That trial by jury is the greatest bulwark of the freedom of the people " in questions such as these, especially where the law might be put to extreme use to punish a political opponent or to punish a social opponent. It is m questions like these that the jury is called forth from the ranks of the people to decide in common sense, to decide in common honesty, §to decide having a full knowledge of the whole circumstances brought before them, whether the writing of the article or the publication of the|article is a crime or ia not a crime it is *or ~ *he Jury to decide whether it be libel or not libel. Now, gentlemen having disposed of the fears which may be raised in your minds in respect to your verdict as to its inauence upon Mr Fraser ; having thus put it to you, I say that if you acqwt. the defendants you do not say

that Mr Fraser is guilty of any of these acts, or that his conduct was such as to raise such an inference; nor do you say, on the other hand, that the charges are untrue. All you say is that you if convict the defendants on the charge laid against them, then they are guilty of libel, and not whether it is true or not If, on the other hand, you acquit them, you st.y they are not guilty under the cir cumstances of libelling the prosecutor. That is the only question which you have to decide. Now, gentlemen, every case mwt be considered in reference to the time and place aildthe circumstances. What is justifiable for instance in this Court would not be justiß able outside of it. I might, for instance, in dulge in strictures here as counsel upon the conduct of Mr. Fraser upon the Bench. I might indulge in strictures upon other mat ters so long as they were to some extent per tinent to this case. I might make remarks upon the demeanour of the man ; I might make remarks upon his character and con duck, and I should be protected in. doing so here whereas if I made them at other times, in other places, and under other circum stances, it would be simply wrong and inde fensible for me to do bo. In the very case before us Mr Fraser, upon the judgment seat, sitting in the magisterial bench on the Thames, could actually accuse the policei of committing a crime against the law of the land. It might be justifiable; it might be safe ; at any rate the law might throw around it a protection which, under other circumstances, and in other places, it would not dare to do. Every cass, there fore, mtist be viewed in [connection with the circumstances out of which it has arisen, the circumstances which surround ifc, and in re lation to the time and place where it hap nened. You will remember the great struggle which has been made in England for freedom. You will remember also that men dare at one time to lift up the standard of rebellion against their king because he was acting m an arbitrary and unconstitutional manner. You will remember that the great noble 3of the country gathered together to take the crown from the head of one eovereisn of one race and place it Upon: the head of another sovereign. Now, these things were only right under the circumstances ; and so a pub lication which, under some circumstances, would be a cold-blooded determined effort to stab a man, would under other circumstances be the highest vindication of the liberty and rights of the Press, which has for its crown ing errand the doing of that which is right for the people, and to vindicate and guard the liberties of the people. Now, gentlemen, let us see if the circumstances here were such as to warrant in 3ny way those strictures made by the Evening Star upon the comments of Mr Fraser. Of course you are all well aware that the defendants are proprietors of the Evening Star newspaper. Now in the present state of the newspaper Press in New Zealand I would ask whether it be advisable in the first instance that any stronger fetters should be placed on the right of discussion in the newspapers than at°present exist, or that ifc shall be confined within narrower limits. If you will look with me at the state of the newspaper Press in New Zealand I think you will say that it is rather advisable that the very extreme of liberty should be encouraged—not indeed that it should be turned into licentiousness, or that it should be made the vehicle by which men influenced by animosities and passions should be enabled to take deliberate shots at the fair fame or fortune of their adversaries. Where the actions of public men in public administration, in politics, in the administration of justice, or in carrying on the work of the country in any .vay are concerned —Task you in the present state of the Press of New Zealand whether it

is not the duty of every man, of every jury, to sec that the very fullest and freest liberty i* secured to the Press. When it is a notorious

fact that the Government of the country has secured a great portion of the Press in its own hands, I say—[His Honor here inter lupted counsel, and said such remarks oui:ht noc to bo made] —Gentlemen, I shall put it upon broader grounds than these; I shull turn the horses hi another direction, by we shall arrive at the same goal. I will ask you to suppose a case where it is abso lutely essential and necessary for the very well-being and safety of the people that there should be through the columns of the daily Tress the very freest inspiration of liberty —continually Mowing—where it is especially the duty of newspapers to canvass to the very utmost the actions of public men, and the actions of the magistrates of the courts of justice. I will ask jon, then, whether it would not be the duty of jurors to see that no additional weight shall be cast upon the energies of the Press—that unless it be most clearly proved that any article which attacks a person in authority—that any article which attack him in the administration of his public duties is evidently prompted by sordid and base motives the jury will interpose the regis of their protection, and say—" No, we shall see that the Press, which is battling for the liberty and welfare of the people, shall ba protected ; that unless you caa show that the criticism was uncalled for, that a premeditated attack was made upon you (an attack for which in a criminal court the de fendants should be branded as criminals), the defendants have done what they consid ered to be their duty to the people at large. Gentlemen, look at the things which led even to this present prosecutfon, look at the position of matters on the goldfields. Most of you will recollect the time when the pro vince of Auckland was sunk almost to its lowest depths, when the reactioa came upon the people following upon the great expendi ture which took place during the intestine tumults with the Maoris,-when very valuable property had gone down, when trade was stagnant. You will re member the enormous increase of population that took place ; what an increase of wealth; what an increase of enterprise on the part of the people took place consequent upon the discovery of the large gold deposits in the goldfields of this province. Nor will you forget, gentlemen, how soon after the open ing of the goldfields it became a matter of public notoriety, and a matter of public sorrow and disgrace, that there was a nefari ous trade carried on by a certain portion of the miners on the goldfields ; I do not allude to the miners as a whole, for I believe them to be an upright and honest body of men but to the dregs of the population. A cer tain nefarious trade was carried on by them, lney managed to obtain access to rich mines of gold, and to carry away with them quan tities of gold, to defraud the owners and the shareholders of great companies of a great amount of that wealth which was their pro perty, by secreting it about their persons and carrying ie away. How many of you and how many of the public have been sufferers by such a practice? I do not allude to the geneleman who wished to be excused from from serving on the jury because he was him selt to some extent interested in the case I 1 ~ sf crefcary the association which had offered a reward for the dis covery of some of those nefarious traders ■ 1 allude to the large body of the people who are interested in the weltare of the great companies at the Thames wwS°fT mant el ' uP° n the Pr°Per workiag of which the welfare of this province to such a large extent depends. You cannot be ignorant of the fact that it became a matter of serious notoriety to the public that a great portTon a very large portion-of that which P O ught to have p a S3 ed as dividends into the pockets 5 saved shareholders from the payment of calls fmm th^^ °f their was stolen wo3rf T m S- e, Cr6t- Now ' gentlemen, I rfAuckla^ aa"* P aPer iatbe Prince crimS -f had f °Qe more to cx P°se the S e tKL Qy r columna were more open to naL? f\ aSSIDg °f -this subject-than thS very Cvw pr°pn6torsof Wnich are aovv Drought before you upon a criminal charge? „„";«« 166I 66 the perfect of this question when you remember that the Go vernment actually passed an Act by which forln 8 rendere? an offence against the law £?fffi. perSo" t0 TT W6] BPecimens to crush without knowing where they came from, the

! name of the party from "wfcomW ~~~ and all the particulars about tW ftt H the quartz - machine owner w^^ ; enter in the register. Great wLr d'to ! pratulations upon the passing o f«, i No paper was more loud in g™ H of the Legislature, no organ 5 praißß opinion was more convinced f^ usefulness of such a measurp aa tt , toe the Evening Star. Was it J^ tha * I when the first important case tin I** 111*11 statute was brought before the Mai* J^ when owing it may be to the amW»Ji ,at*. by the police, or the trap laid by th? 6,laSd 1 one of the owners of these quartz! i machines was brought to justice ? tp n& anything extraordinary that the'nnwft jt or writers of the Star should he w f* 8 See that at last it was at any 3** to sure that the reign of ■pedtnJ.iSfiJJ* going to close-that sp-cimen-steaW M feel that they could not in safety" ""** \ any such practice as this. When ¥h came before the Court, and when ft! dence was given, it was, as you have L^' j po plain that the counsel for the defen3 j Mac Donald) actually despaired of S£ |Mr ! verdict. He seemed to be inthe ?a S "g? tion as my learned friends in this cm t ask you to observe the evidence of M 7 w j Donald particularly in reference to the ; ments made by Mr Fraser npon the Ji;, . that he was very sorry the police should^ ! descend to such a me-ms of getting nn »» ! that he would have been glad at P >j c'e' j Magistrate that it UA %£** | pened while he was there - tvPi | it; was unfair, unmanly. I d 0 not , nat ; that ho did not use the word unjust-—th °* ! was contrary'to every principle of right fed ing or of British justice. Now, gentle™! the difficulties which the pohc e H J encounter in detecting specimen stealirm a >!? crushing were very great, because they C to overcome first the specimen stealerg «5 : then then the quartz-crushing m&c^} j owners, without whom the specimen steak* j could take very little advance of their nil lage. So that it was absolutely neceggaw that they should take the best means th could to entrap the offenders. It could r>\ he supoosed that these criminals Won S go and confess that they had broken the law ; men do not usually do t'nat, nor could it be supposed tbsl that happy state of existence had arrived when a man would wear opposite his heart a gl~ss case so that ev.-rybody might % exactly what was passing within. Tl« police could not tell the miners who were stealing specimens, or the machine-owiierj who were crushing them. It was therefore absolutely necessary, I contend, that gone steps such as those taken by the police should be taken in order that it mighty seen who were the guilty parties, and who were nofc You have only had one view of this subject presented to you. You must remember that the whole of'the minerswent unier the stigma of this specimen-stealing when a few only were perhaps guilty. TJw whole of the owners of quartz-crushing machines must suffer under the accusation of crushing stolen specimens, while only a few of their number descend to such degraded practices. It was necessary therefore to sift out the wheat from the chaff, and find out who were the true men- and who the thieves. If Manning bad been honest he would have been impervious to such temptations, andi hundred men going to him could not have i tempted him. It was perfectly justifiable ' that such offenders should be detected iin the way Manning was detected, and if found out in criminal practices that they should be punished. The conductor" i the police was perfectly justifiable, not only ; as a matter of theory but as a matter which ; has been carried into operation foryears—since

the days of Solomon himself—to place a test before those that come before him—to place i test to see which is the trne and which is the

false. I do not know whether any of yon remember a ca-re which happened many years ago in Melbourne. It was a case where* mysterious murder had been committed at Warrnarabool. Two men had been living together as mates, suddenly one of them dis appeared and no clue could be obtained of hia whereabouts. He could not be traced from the hut where the two men lived. D was suspected that his mate, in some quarrel or some suddden fit of passion, orfromß* long-standing grudge, or to rob him, hi made away with him. The police were pit on the search ; but no trace of the misan; man could be found. It could not be ascertained that he had left the immediate district in which he lived. Oneofthe detectives was engaged to watch this man, He left the district. He was followed by the detective, who watched night after night his house, sometimes from the road side.^ome times from the bou°hs of a tree opposite, to see if he could get any cine what ever ; he was continually on ths watch* to trace the murder to this man ; bnt he dis covered nothing. Sometime afterwards the suspected man was arrested on another charge. He was imprisoned, and the d«ec< tive then caused himself to be arrested npoa a charge. He was committed to prison, m he was made actually the cell comrade of this suspected man. For months by d»J aDd by night the detective and the supposed criminal were side by side. For months no word was spoken of suspicion on the part ft one, or an endeavour to obtain the trntt oa the part of the other ; but owing to soms word which fell a conversation arose betweei them, and ultimately the criminal confess to the supposed comrade the whole ot nw murder with its attendant circumstance!. He told him where the remains of the way of his mate would be found, bow it coaMW distinctly proved that the man had » murdered, part of the body burned, andtj remainder buried in a certain spot, w detective left the gaol, and found everyW exactly as the criminal had told him. /, criminal was brought to trial, condemnettaa hung. Now, gentlemen, it may suit .am sentimentality-one which lam «*Pg counsel of this honourable Court snppoW before you-to say that means sucna>» are not to be used. I would ask.you rfttj is not in them the surest «JPj for property, for life, for the l^ty d J I ask you if there can be a »trong« £»* of crime than the knowledge that tne * g of justice are for ever swift on the w the aggressor. Can there be a >««»£?; implanted in the mind of the criffl^ stay his hand when it is about tt? deadly stab ; when he is about to w .^ the property of his neighbour; *»"* ---about to commit any criminal act wu» I would ask you if there can be a » fo argument used to deter him than m» rf which must be implanted in ««• » every criminal, that .'detection means or other will follow alter v even in this world, and that he wiU »» &i to wait until the great Judgment w Almighty for the punishment otn» Gentlemen, we should rather.owej . police a debt of gratitude that tfiey I ling to undertake such duties tfi^ gbt) . I we who repose in peace and sates* j, ■ assured that our property is Bfr i iT h e ooioes I the guardianship of the. paUc^JjJJ^ then I us, it ill becomes any man to cm Bof | aspersions when in the honest cUscy their duty they are attempting V> g property of the citizens, ana {b9 g criminals of crime. J»o the jfajp* B comments in the articles on & 0 trate were very strong, but tMj- , <rf I the police should be jnpjj^ 1 being discouraged. It "•» ffleanS . ■ ££*\I police should not take, nrfg J tbeC flDU ,]■ are these unfair means ? What »r J» /I nals which prey upon the oojjj jif jj. I they not take advantage of <* J^fagsJ | tion, of every dodge, of *"%£# »* 1 plunder the honest man? **?&*** 1 men to be betrayed when they B ,y ■ subterfuge or lies? aigM*JJ^mJg| ■ "Here is an *mm*}™xl*U** ofi% I stroys my garden, I'll dig »J fall mj»jj ■ comes into the garden it «J L H hole." Are you to be blame* rimin al^ ■ dug the hole, and because the^^ H into it? I--yi*fa^^ ! «*j£' I say no magistrate, heR. •• JJ^t* M H?ht to reflet in tM« "»▼ np°

THE EVENING STAB, TEfflMfflPAT. OCTOBER 11, Wk



Our Sale of Slimmer Goods commenced on SATURDAY. We have opened 87 Cases of Men's and Boys* Clothing, made to our order by the best manufacturers in England. — J. COSGRAVE& CO. JUST TO HA N D A LAEGE LINE op SYDNEY TWEEDS, Slightly Damaged by Seawater, 2s lid and 3s lid per yard. SAMUEL COOMBES, CITY CLOT HI NO MABT, 92, QUEEN-STBEET.



A sweepstake on the Melbourne Cup will take place at the Occidental Hotel this even- The inhabitants of Wellington and Hob- Bon-streets were treated last evening to some fine musical airs by the Hobson Company's band. The evening was remarkably clear and calm, and the martial strains were very effective as the members march in order to the drill-shed where thej performed their exercises with skill and precision. The Victoria Company also performed similar duties at the same time with lively satisfac- I