SHIPPING INTELLIGENCE.

HTQH W-vTKR— Thia afternoon 10.13, tomorrow |3)Oi-' hg, 10 37

STJm -XT Thl« -v«uing. G2 BTJN RUB—To jiiorrow morning 5.35 M.ON'S AbK-jbira quarter Bth, 3.44 s.m.

ARRIVALS.

Jforget-Me-Nit, b»rque, 231 tons, Dobson, from Syonoy

DEPARTURES.

Pearlers, schooner, Lomba'd, for Tonga and Samoa Advauce, n.h oter, for • is home

VW~ A special charge is made for consignees' or shippers' names inserted in this column

PROJECTED DEPARTURES.

For the South—Phoebe, s a., on arrival of the 'Frisc mail For cyrinev—Cyphrenes, ss, G hours after arrival

from 'IMsco For ttan fiaiicisco-John Rennie, shio, Tuesday next For New Caledonia —▲s><burtO!i, barque early For London- Flechern and Cite of Auckland, ships ;

and Columbus, barque—sarly For Lyttelton-Prince Alfred, birquentine, early

VESSELS EXPECTED

Cypbrenes, s s, from 'Frisco and Honolulu, October 8 Oazelle, German man-of war, from a cruise British Empire, ship, from London ; sailed Jnljr 11 White Eagle, ship, QSGW, from London; sailed

July 14 Ocean Mail, ship, WBQF, from London Francis Henty. barque, from Melbourne (via Wei-

lingtoni, early Stig, barque, from Newcastle, early Jes»ica, barque, from New Yotk ; sailed 2nd June "Victor, barque, from Port Gamble ; sailed 14th May Lizzie Vox, from New York; sailed 3rd July Prnu, pcrew-barquentine, from Levuka ■Flirt, brigantine, from Lyttelton, early Dauntless, Hawaiian schooner, from Levuka Coronet, from Tahiti, early Edith, schooner, from Karotonga, at once

IMPORTS.

Per Forget-me-Not from Sydney : 54 bag 3 bone dust.—Stone Bros- Per Forget-me-Not from Sydney : 550 bags salt, 15 brandy, 1 case liquid glaes, 177 _ cases brandy, 50 cases whisKey, 16 ingots tia, 71 ingots copper, 46 cedar boards, 17 pieces cedar scantling, 5 cases, 1 cask, 35 cases matches, 112 ba^s maize, 1489 bags bonedust, 3 carts.—Owen and Graham, agents.

The three-masted schooner Looh Lee was on the berth at Sydney loading for Auckland when the Forget-me-Not 1 ft The smart littlu barque Forget-me-Not arrived this morninsf from Sydney, after a splendid, passage of 8 days and a hiif. She comes consigned to Messrs Owen and Graham, and brings a cargo of bonedust, spirits, salt, and genei-il merchandize. Captain Dobson reports leaving on Sunday, the 26th inst. Had strong northerly winds at starting, whish changed to a strong southerly bvef zs on Wednesday, on which day the ship ran 231 miles. After that, had variable wfnd, veeriug from N.W. to S.W. till ■making: the Three Kings on Sunday morning last. Down the coast had N.W, winds till yesterday, when it shifted suddenly to tho S.W. Arrived otf tho Nor h Head at 10 o'clock last night. The Forget-me- Not is owned in Sydney. Captain Dobson reports sighting a barque st< urmj; K.N.Pi. on Saturday. She appeared to be a large vessel, and was apparently bound to New Zea'ana.

The clipper schooner Peerless left this morning for Tonga and Samoa, under command of CapNia Lom bard. Passengers—Mr and Mrs Spiegel, Mr C. W. Blundell. She takes a cargo composed of timber and general merchandize.

COMMERCIAL.

Messrs Samuel Cochrine and sold thh day at their mart, Fort-stret, twent} r-four btles papßrhangings. ex Columbus from London. There W4S a co-1 .attend ance of the trade, and prices realised'from 2id to 11 Jd per roll. E. and H. Isaacs' report of silo of ship's stores, ex Carisbrooke Castie. The attendance was very lar&e, and the bidding spirited Although a very larg. quantity of goods were submitted, which, as a rule, lowers the pare of tho commodity, in this inst*nce they did not find the sii^hteit difference, it being attributed to tho very superior clas3 of provisions . submitted.

CHIEF POST-OFFICE, AUCKLAND.

Mails- will Close as follows :— For Thami-s to+m rr w at 5.30 p m For Ci r< m naJl on Friday at U HO a m for N'np er, • fisbomw WfiHi.gton, Cnnterbury f,nd • 'tag i, p-ir th« South, on Wudnesu»y atP-'-m F"or (ingareiJ•&<-., R .i-sc-li W»ngaroo, uud Monp -^vi, per lona toftnoriow at 4 p m For AViiweraf »nd Wars worth, per Minnie Casey, • >n Th irsdAv at lo a m ' F r aia ft&i »i)d .'■•outiiern Provinces, pr.rP>o3bH, im'ueduL!>yjy oa anival of Cyphronaa. Rom Huuo l.tlu

Ft yU'traliiin'Coloniis, per Cyphrc es, six hour, after »mv«,l

S. B BTS-*. Chief Postmaster.

DEATH.

TAYLOR.- On the sth i rat, Ruth, the relict of the late Mr. Edward Taylor, aged 40 years, after a short illness.

The funeral will leave the residence of Mr George Banks, Devonport, North Shove, at 3 o'clock to-morrow (Wednesday). Friends are invited to attend.

COTJLAJI. —On the sth instant, at her lale residence, Kyber Pass. Mrs. Coulam, wife of George Coulam, aged 30 years. The funeral will take pln.ee on Thursday next.

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

TUESDAY, OCTOBER 5, 1875,

)F»r th» e»twe that laoks assigns on, , ffortbe wrong t.nai nc;:d.r ivsijipMu-ji, '"or th« f*tur« ia lUe (Untune* tnii vbo c«od that we cam ti.i

The Representation Bill is one of those on which every member will feel conscientiously bound, "tonot give a silent vote." For it is of the class of measures on which mem bers aro catechised oa the hustings, and which inconsequence necessitate every mem ber'sj|jgetting on his legs and talking, wholly irrespective of the probabilities of hia throw ing any light on the question. Bat the speeches made,so far as they appaar through meagre telegrams, show the st;iud point from which members view thi3 important subject. Each member indeed takes his individual stand point, to wit, his own constituency. And the manner in which that and kindred electorates are af fected,prove tho measure to him of the states manship or the immorality of the measure. Mr William Kelly exhibits an honesty in the matter which does him credit, amid so much bunkum talked by others. They labour to square general principles to suit their par ticular ca3es. He don't. Ha says be will support the Bill if the Gisborne district is taken away and added to Hawke's Bay; for it happens that Gisborne is within the bounds of Mr Kelly's elec torate, and as it has grown up to great importance since last election, and a people have sprung up there who know not their member, Mr Kelly, doesn't "feel strong" there, and instead of Gisborne turning Mr Kelly out, Mr Kelly would turn it outof the province and hand it over body and soul to the Land Ro.bber Ring. There is a naivete in the pro posal that is refreshing, when we find others with unblushing front prepared to admit the goodness of a measure which leaves a member to the 103 shepherd electors of Wallace, and another member to the 143 diggers dwelling in tents amid the bleakness of Totara, and which will give but two mem bers to the 3.4G0 electors* at the Thames. Indeed,it would be most interesting if others were compelled to tell with equal frankness the " reason of the faith thai is in them," when professing their approval of a measure which proposes to give eiylrf members to the province of Nelson, with ita 3,811 elec tors—or only 345 more electors than at the Thames, to which the measure would give tioo members. And we should be delighted to learn the moral principles actuating mem bers who coolly support the giving of three members to a constituency numbering con siderably les3 than one-third of the electors at the Thames —to wit, the notorious Hawke's Bay, which on all honest principles should be disfranchised on account of the infamous robberies perpetrated in native lands by its "governing classes," under the favoring pro tection of the General Government. Mr Cuthbertson struck the nail on the head when he said that the question of amending the representation was "very difficult to deal with from any particular basis." This must be so when representatives of pocket boroughs—electorates that must-be swept away by any general rule honestly applied, are ia a majority in the House. And this difficulty is manifold increased when it is from these rotten electorates and their corrupt representatives that the Government constitutes its powerful ma jority,whereby it puts at defiance the will of the larger electorates, and treats with contempt the voice of the people.

The story of the Ohinemuri Miners' Rights, so long shrouded in mystery, is at length ex posed before the public eye ; and the public will form its own conclusions on the whole matter. The share whicn each actor had in the manipulation of the documents is now known, and it 13 only fair that the odium, which to some extent was borne in common, should now be fairly apportioned. To Captain Fraser we believe very little of the blame attached from the first in the estimation of the public, and to his indignation at the pro ceeding and his zeal in running the offence to earth, we are indebted for the clearing up of the mystery. The result has confirmed the general belief, aud Captain Fraaer has come out of the affair not only with un blemished honor, but with credit for hi 3 determined zeal in .the public service. Mr. James Mackay's share in the blame appears to be only for a certain amount of oversight, in not counting the documents when returned to his possession by his clerk. We own that we cannot see that there was anything unusual or censurable in a public officer entrusting public documents to his clerk for an hour or two while about to bo otherwise engaged ; neither in his receiving the bundle of documents back without counting. Indeed we may go so far as to say that such a thing is done commonly in every public office in Few Zealand. That the business was trans acted by Mr Brissenden and Mr O'Halloran together, and that they both had personal interests in the success of the deed, are ad mitted : and the public will be inclined to

j Severe opinions. But we do no' iiesitate to express our own as well as the gl-' "al belief, that behind these two gentlemei fere those in the darkness who are still sltf Ved, and f «rwb")se sins these two public hers will ,be made the scapegoats. Such = j ire in. formed from Wellington is thedist^i^pinion at the seat of Government ; an t hwe know to be the general belief in i. 1*- "ity " Mr Brissenden and Mr O'Halloran wei.""" Ay agents in the transaction, and men whose names are to be mentioned only with bated breath w c the principals and the real culprits. Tdat the offence will be brought home to these, we have not the shadow of expectation ; and the public may rest quite assured that the whole thing will be smothered up.

We cannot refrain from expressing our sur prise, and the surprise of the whole city, at the dismissal to-day in the Police Court, of the charge 4 criminal assault. In doing so we have not Vhe lea3t intention of passing an opinion on the merits of the case itself. It may have been a " plant" or ib may not; there may have been connivance between husband and wife, or there may not. But that the evidence adduced did not reveal to ths Bench a primd facie case that ought to go before a jury, is a circumstance that has produced but one feeling in the city, and that of astonishment. Whether we look at the matter in the light of the interest of the accused or the accuser, it seems to us that the investigation before a jury was im peratively demanded. There was no re butting evidence brought forward against the very decided and point blank testimony of husband and wife. Such rebutting evidence would have been afforded opportunity for being heard before a jury. At present it is not; heard. The public have at present only the uncontradicted testimony of Mr. and Mrs. Bain, and despite the deliverance of the Bench, will pass their own verdict on ifc. If no -prima facie ease was made oub, it can only be on the grounds that Mr. and Mrs. Bain have both been guilty of the grossest, conspiracy backed up by deliberate perjury ; and the gravity of such an offence equally with the gravity of their charge, demanded something more than the mere ex parle investigation of a Police Court. We do not desire to pursue this subject further. For many reasons it is unpleasant to refer to it at all. Bat we cauuot withhold our expression of astonishment.

We yesterday acknowledged by request of Mrs Church the receipt of certain small auras contributed for her benefit by those who felt for the terrible aflliotioa that has fallen on her through the loss of her husband, Captain Church, iv the wreck of the Tawera. With reference to this wo have hitherto re frained from making any appeal to the kindly hearted people of this city, who have so often and so generously responded to our pleadings .in behalf of suffering. But we think it io a case that in all its sorrowful accompaniments is as deserving of heartfelt sympathy as any that have been brought before the public of Auckland for many years. Jn some respects it hits many of the features of the sorrow caused by the loss of the Tauranga, the details of which awoke such a sensation in this city four or five years, and resulted in so much mum ricence of charity. By the loss of the Tawer;*, Mrs Church has not only lost all she beit loved on earth, but the sole support of herself and her three little children. Surely there arc hearts in Auck land to be moved by such a fate, and perfectly confident do we feel that it requires but the circumstances to be known to evoke sincere and practical sympathy to meet such a case of bereavement and distress. Ie will afford us great pleasure to be the medium for receiving and transmitting any further sums for the assistance of the \yidow and little orphans of the late Captain Church.

The Masonic Hotel, North Shore, laet evening presented a more lively appearance than usual, the reason of it being that the local Kowing Club's annual meeting was being held in their Club-room. The meeting was attended by over twenty members. Mr W. S. Cochrane was voted the chair, and called upon the Secretary to read the annual report, which shewed that the Club had en gaged in two rowing contests during the past year, in one of which they were success ful. Financially the Club if> in a healthy state, having a credit balance in hand which, under the circumstances was considered very satis factory. — The officers for the ensuing year were then elected, viz. : President, Mr M. Niccol; Vice-President, Mr C. Hill; Captain, Mr W. H. Trevarthen ; Hon. Sec, Mr E,. H. Nolan ; Hon. Treasurer, Mr R. Cameron, and a committee consisting of Messrs T. Niccol, Cochrane, Duder, H. Alison, and Bailey. —Six new members were then pro posed and elected, and, after a vote of thanks to the Chairman, the meeting separated.

We have been requested by Mr. Binney to draw attention to a slight alteration in one part of the lithographed plan of Captain Burton's property in Hobson, Cook, and Nelson-streets to be sold as advertised on the 13th. October. The allotments numbered 16, 17, 18 and 19 will each occupy a frontage of 35 feet to Hobson-street, and' No. 20 will constitute the very valuable corner allotment of Cook-street and Hobson-street, with a frontage to the former of nearly 123 feet, and to the latter of 40 feet. The property appears to be admirably subdivided. The Nelson street sections, which, by the bye, command a beautiful and uninterrupted view of the har bour, en joy allthe ad vantages of immediate and easy access by Nelson-avenue toHobson-street We notice that almost every allotment has the great convenience—a provision that has been unhappily too much neglected in the laying out of property in this city—of an ample approach to the rear, thus enabling every foot of frontage' to be turned to the best account. As opportunities for acquiring property of this class are indeed rare; as the terms for the payment of the purchase money are both easy and liberal, and, as we under stand Mr. Binney's instructions are to dispose of it without reserve, we anticipate a brisk sale and some "smart competition.

The estate of the Earl of Elgin, it is said, came into the family into this wise : Two ladies were joint tenants of an opera-box in London. An elderly gentleman in a box opposite used to bore them by staring at them through his opera-glass, so much so that his attentions beoaine a joke among them. In due time the admirer died and left an estate to Lady Bruce ; and the strangest part -was that he intended to leave it to the other, but somehow got their names mixed.

Of Sir George Bowen's movements, iEgles, in the Australasian says: ' 'Gold-Btick-in-wait ing tells me that Major Pitt is returning to Melbourne with His Excellency Sir George Bowen. To the latter most capable gentle man the Governor Generalship of India has not yet been offered. He will return to Victoria via the United States—if not inter cepted and retained permanently by the New York Set aid. It is intended by the railway companies to frank him right through from the Atlantic to the Pacific. It is thought to be just possible that he may make at least one pretty speech per diem. The colonies won't loseanything. If the Yankees try any I big talk upon him he can better their example in a tall flight] of spread emuiism."

Ifc is not always that a young man »vho may bear the name of a great man, iv iii a "Sidney" for example, strives to tmuluU the virtues of that illustrious patriot It is Well known—indeed it is proverbial—that colonial lads are invariably last and the little annoyance to which we would especially refer, is no incommon event. Two young ladies, sisters, reside in Lorue street and for several months they have been annoyed by the shade of "Sidney, "who invariably watches the sisters out of the church and follows them wherever they go, even to the door of their abode, when the moon-struck "Sidney " stands and stares for some ten minutes and then, it is conjectured, goes home, says his piayers, aad gets iato bed. The sisters wondered how they could get rid of their silent tormentor, and nofc till lanfc Sunday evening did they succeed. On leaving church there was " Sidney." The ladies, instead of going toward their home as usual, turned to wards tbe wharf followed by the persevering "Sidney." Again they turned, and walked up Shortland-street as far as St Andrew's Pres byterian church where they paused, "Does he come after you, sister," sajd one of the fair; "No," said the other, "you must be the object of attraction. T am sure it is Dot me." While thus briefly discuss ing the subject, tip came the never-to be-done "Sidney," and stood like a spectre, with his eyes full upon the sisters. While in this position, the irrepressible "Sidney" was suddenly seized by both arms by two friends of the sisters, who hold him tight; " Sidney" struggled ineffectually but the young men held him fast as in a vice. The young ladies stepped forward and with their sun shades, took revenge by hammer ing "Sidney" over the head and shoulders, until they broke his bell-topper and made him beg their forgiveness, and promise never to molest them again. On this promise he was released, and with his broken tile he bolted towards his brother's residence with all possible speed, and it is to be hoped, that the castigation he received, will have a reformatory influence on his future conduct.

At a meeting of the Acclimatisation Society, yesterday, it was stated that Mr. Eyre, of Victoria - street, had been engaged to catch starlings. The secretary stated that a thousand brown trout ova were being hatched at the gardens, and would be ready for distribution in a fortnight. It was resolved to send 250 to Poverty Bay, 250 to Waikato, and 250 to the Biy of Plenty. The secretary in reply to Mr Firth said that the Californian salmon ova was expected in November by the mail steamer. It was resolved to introduce the Californian lark, blackbird, and mountain quail.

The five young lady cousins of the King of Sweeden are reported as a quintette of frisky damsels, who spend their leisure hour 3in going on sprees, during which they carene through the streets, knocking down omni busses, overturning peddlers' carts and behaving themselves generally not according to the accepted customs of young ladyhood.

When the song of the" social hen is heard throughout the land, and the early cock bids salutation to the dawn about five o'clock in the morning, look out for a fall in eggs and a rising temperature.

The novelty of the London season will be monograms worked upon dresses. The Princess of Wales has inaugurated this Hfcrangc style on an "Edinburgh cloth dress by having ber monogram surrounded by a garland of flowers, and crossed with the crown, with three plumps ; the same work was bestowod upon the waist. The initials are not only embroidered with endlews arabesques, but have also the principal elements of the wearers' crests miDgled with mauv-colored designs, as in mediaeval missals. A cheerful view of cannibalism is presented to us by " yEgles," who says :— *' Amongst the interesting calls made by the Challenger was a visit to the Admiralty Islands. Here the scientific seekers for truth fonnd most interesting people, of cheerful disposition, agreeable manners, very neat in their habits, and perfect economists; they wasted no thing. With coral sand they mide neat walks from house to house, and they bordered the paths with brilliant-foliaged plants. But one thing puzzled the savana. They could not find the cemetery. At length they asked an intelligent islander what they did with their dead. The gentleman ad dressed was an excellent pantomimisfc, and he solved the mystery by smilingly patting himself just over the diaphragm '■ Now, in these days of fancy sepulture—of cremation and wicker burial baskets, elegantly adorned with moss and rose buds—the idea might be attractive to some new enthusiast. It has the adviintage of perfect novelty. It is the straight thing. No pretence of revenge upon your enemy, but literally taking your friend to your heart, or at any rate, as much of him as possible.

Is there really a tendency to incrsasing brutality among the lower classes in Eng land ? This is a question which is just now exciting unpleasant interest here. It is no torious that in the northern and midland counties wife-kicking, -with heavy iron-plated boots, and ruffianly assaults of all kinds, have reached such a point that the Govern ment has thought it necessary to bring in a bill to apply the whip to members of thin class. Moreover, the juvenile population of the country has lately been seized with a mania for discharging a weapon called a cata pult, which it seems is a sort of India-rubber sling loaded with stones, at persons in the street or travelling by railway. A few weeks ago the window of a carriage in which the ■Prince of Wales' children were going down to Windsor was smashed in this way, and other cases are almost daily reported. People in passing trains have apparently taken to peppering each other, and the day before yesterday a young man had bis face badly cut open by a large crab-shell launched at him 'from another train Then again cockfighting, ! which everybody thought had died oiit, ap pears to be regularly practiced in defiance of the police, in various parts of Lancashire and elsewhere.

In a letter to Madame Rastoul, after describing the untimely death in New Cale donia of Gustave Maroteau, formerly editor of La Rue and of Le Salut Public, and^ author of a mystic poem entitled "Les Flocons," a writer passes thus describes the political situation in France. He says : — " The rising generation has been handed over to tne Jesuits. Churches and barracks are being built, just as under the Empire. Miracles are being multiplied, and pilgrims are enlarging their numbers so as to consti tute a permanent army. Captain de (name illegible) continues to preach, and pursues his apostolate amidst the plaudits of the the ' directorial classes:' In every quarter of the city there are Catholic circles in which the most demoralising theories are pro pounded, and where the vociferous declaim ers in black robes and white bands howl and yell against every progressive tendency of society, and endeavour to sap its institutions. The authorities offer no obstruction. What am I saying ? The authorities view their proceedings with complacency. On the other band, the government has closed the, Sales dcs Conferences in the Boulevard dcs Oapucins to Camille Flammarion, who wished to lecture there on astronomy ; and to Dr. Naquet, deputy of the National Assembly, who proposed to dissertate on chemistry."

In the Cross of this morning a paragraph appears to the effect that the wharf, after nine o'clock in the evening, is left wholly without the presence of a police constable. This is "not a fact, as a member of the force is regularly on the wharf from nine o'clock in the evening until five o'clock in the morn ing, and the said constable does not leave the wharf during those hours, and it is note worthy that not a solitary instance of drown ing has occurred on the wharf sinne such protection has been provided, which was done some sixteen months 'ago^by'Mr Brohanv on the request of Superintendent] Williamson.

The usual half-yearly meeting of the Court City of Auckland, of the Ancient Order of foresters was held last evening in the Court room, Oook-street There was a very large attendance of members and great interest taken in tbe election of officers for the ensuing six months, the whole of the offices being contested with the exception of tbe secretaryship and surgeon held respectively by Bro. T. tLoJiand and Bro Dawson. The following were the successful competitors :— Bro.D.Langley, C.R.; Bro.Cole,S,C.R ; B-o. W. Baker, 5.8.; Bro. W.J. Garrett J.B ; Rio. W. Reynolds, S.W.; Bro. JM. Firth, J. W.; Surgeon, F. VV. E. Dawson; Secretary, Bro. T. Holland ; Treasurer, Bro. E. Auger ; Trustee, Bro. J. H. Field. After the election, the officers were duly inst+lled in their re spective offices, and votes of thanks passeo to the retiring officets. The past; Chief Hanger (Bro. Sime) was then by a vote of the Court presented with a P.U.R certificate. Speeches were made alluding to the great forbearance and courtesy he had shewn to the members, over whose delibera tions he had presided during his term of office. P.O.R. Sime in returning thanks made an appropriate speech, briefly alluding to the" rapid progress of the society, and trusted that the members would extend the same support to his successor as they had to himself. The receipts for the evening amounted to close on £100.

We are requested te state that the state ment in the Herald that the Mikado will not take an outward English mail is wholly without foundation. The A.S.N. Com pany are bound to carry on the eon traut until the new one is in working order, and as the date on which the Vascb de Gama leaves San Francisco would Dot allow of her being in time to take the next outward mail, it will undoubtedly be sent by the Mikado.

NOTICES TO CORRESPONDENTS.

Several letters to the editor are unavoidably held over till to-morrow.

PAKURANGA RACES.

We would remind readers of the Pakuranga Hunt Club races, which commence at the Ellerslie course at one o'clock to-morrow. The time-table of trains appears in our adver tising columns. The particulars of races and entnos have already been published.

Melancholy Suicide.

Shocking Occurrence.

A very shocking case of suicide occurred at Moyle's hotel and dining-rooms, Queen street, early this morning. By the Ocean Wave, from Levuka, there arrived in Auck land a man named Lockhart Glass, a seaman by profession, but who had since 1872 acted as overseer on Mr. MuEvoy's planta tion, Fiji. Since his arrival in this city he has lodged at Mr. Moyle's, but contemplated proceeding home. Mr. Moyle states that Glass had. complained of feeling unwell lately, and was somewhat depressed ; but that he had not been drinking heavily. He retired to bed at the usual hour last night, and nothing more was seen of him until half-past ten o'clock this morning, when the servant opened his bedroom door, when a shocking sight met her view. A large bundle of clothes had been placed against the door, butthe girl pushed it back, and there, stretched on the bed, was the unfortunate man, with his throat cut from ear to ear, a large sailors' knife clasped in his hand and the place covered with blood. The girl was so overcome by the horrible picture, that she went into a fit. The police were at once sent for, and Constables Mulville and Shaw came and made an examination of the room and its surroundings Dr. .Hooper was also sent for, but of course the case was long beyond the roach of medical skill. The knife held by deceased was grasped by the biade, having no doubt slipped after the deed was done. The windpipe was cut completely through, the knife having been very .sharp. There was no signs of a struggle in the room. Some of the lodgers state thac about two or three o'clock this morning they heard a gurgling noise, but did not take much notice of it never suspecting the cause. Detective Jeffrey instituted a search and found under the pillow of the bed a purse contain ing £9, and in a box, a draft on the Bank of Fiji for £150, bo that pecuniary pressure can not have been the cause of the fatal act, more probably it was weariness and depression resulting from ill-health, engendered by residence in the relax ing climate of the Fiji Group. The deceased was about 50 years of aye and evidently came from Glasgow, as letters in his box bore that post-mark. He does not appear to have had any friends in New Zealand. He went to Fiji as a sailor on the America.

SUPREME COURT.—Monday.

CRIMINAL SESSIONS.

(Before His Honor Mr. Justice Gillies and the Grand Jury.) ASSAULT AND ROBBERY.

• Hohepa Ngarangii fioromona, and Eruera, three natives, were arraigned upon an in dictment charging them with having, on the 12th of July, assaulted Thomas Matthews, ,'a butcher of Poverty Bay, and taken from his person the sum of £4 10s, in notes and silver. The two first-named prisoners jpleaded guilty, and Eruera pleaded not guilty. Thomas Matthews deposed. that on the day in question, when on the high road to 'Ormond, he was suddenly attacked from behind by the three natives. Hohepa, whom he knew, first struck him, and the others assisted in maltreating and robbing him. He had been drinking. Hohepa stated that it was only £2 that was taken from Matthews and not £4 as alleged.

Constable Mills deposed to taking the prisoners into custody. Eruera stated he heard his sister crying, and when he went to see what was the matter, she told him that Matthews had been in the whare, and be cause she would not yield to his wishes, he beat her. He then called his companions and they went in pursuit of Matthews.

His Honor said that the evidence of Matthews must be taken with extreme caution.

The jury found Hohepa not guilty, and he was discharged. The sentence on the the other two prisoners was reserved.

This Day.

(His Honor took his seat at ten o'clock.)

ASSAULT AND ROBBERY,

The two natives who had been arraigned on an indictment charging them with robbine and violently assaultiug Thomas Matthews, of Poverty Bay, were brought up this morn ing to receive judgment. His Honor having briefly referred to the case, sentenced Eurera to one month's im prisonment, and Ngaran^i to one week's imprisonment. PERJURY. Michael Kelly, aged 38, a native of Ire land, was arraigned upon an indictment charging him with having committed wilful and corrupt perjury in a case recently tried in the Resident Magistrate's Court of Auck land, before J. D. Fenton, Esq., between himself and Ebenezer Gibbons. The prisoner, in a loud voice, pleaded not guilty.

William Francis Lodge, clerk of the Auck land District Court, deposed to the fact of an action being brought ia August last by Ebenezer Gibbons against the prisoner at the bar, for goods alleged to have been supplied to prisoner and his wife. The defendant claimed a set-off of £90 for work done, and on being examined, denied that he had ever received any goods from Mr Gibbon's store, or that he was in any way indebted to Mr Gibbon.

Francis D. Fenton deposed that he was Acting District Judge at the time of the action being brought, and adjudicated on the case. (Mr Fentou then read over the exami nation in the case, in which Keliy denied his indebtedness in every particular.) He neither received money nor goods from Mr Gibbon, only 4s ; he allowed his wages to run on. Keily gave his answers very decidedly, but did not, quality them. Francis .FaCon, commercial traveller, de posed that from July to October, 1874, he was in Mr Gibbon's employ as storekeeper. During that time Kelly got goods at the store. A passbook was provided by Kelly's own request; the entries in the day-book were in his handwriting. Kelly's goods amounted to more than £50; some of the t^oods were supplied to Keliy personally, but his wife received the larger portion. Keliy iiskid for a pass-book fur the purpose as Jis said, of keeping a cheque upon witness. He balanced the books aud tney agreed. Kelly remarked, " I suppose it is all right." The goods were supplied on Mr. Gibbons' account. Christopher Gardener, manager of Mr. Gibbons' store, deposed that a portion of tbe goods were entered in his handwriting . He supplied them to Kelly. Had seen the red covered passbook in Kelly's hands. He used to take it away with him. He had also seen Paton, Stone, Swanson, and Bennett supply Kelly with goods. William Stone, gave evidence, he was a draper in Onehunga, but was for some time manager of Mr Gibbons store; he had on several occasions served Kelly with groceries and made a record of them in the ledger.

Willliam Svvanson, a settler, was in charge of the said store during January and Febru ary, and had supplied goods both to Kelly and his wife. Kelly has a pass-bock.

James Edwin Topham, engineer, in the employ of Mr Giobons. In May last he picked up a pass-book by Rowe's mill, opened and read it, it contained an account of goods had by Kelly, at Mr. Gibbons'store; he gave the book to Kelly, and said, "you have been wiring in, old boy," said this, because the debt appeared about £100. Henry Wakelin, accountant, produced a statement of accounts between the prisoner and Mr. Gibbon.

This being the case, the prisoner, being undefended, addressed the jury in a rambling unintelligible manner. The jury without leaving the box, found the prisoner guilty. His Honor remarked upon the heinouaness of the crime of which he had out of his own mouth convicted himself. The sentence of the Court upon him would be three years penal servitude. BREAKING AND ENTERING. Matene Kaipau, a native, 25 was arraigned upon an indictment charging him with break ing and entering the dwelling house of Alfred Charles Tibbals,-of Gisborne, and stealing therefrom goods, chattels, and £5, in money, in the month of March last.

The prisoner, through the interpreter, Mr. Brown, said 1 did not do this thing of which I am charged. Mr. Brook Held opened the case. Alfred Banks deposed that on the 22nd of May he was in charge of Mr. Tibbals' store, when prisoner aud another native came in and made a noise. Upon the advice of the carpenter he closed the Btore and went to tea. Ifi was a temporary store ; slept in it. He left at five and returned at a quarter past six. In the meantime the place had been broken into and the cash-box stolen. He went to the pah and ques tioned the natives upon the matter. Saw foot-tracks on the beach on going along, A boy told witness that he had seen the cash box on the beach. Went with him and found it. Afterwards found some Crimean shirts near the spot, which witness identified as his master's property. Pene Matao, a native, remembered the store being broken into. Saw the tracks on the beach. Knew them as Matene's, made by Mateue'a boots, from the number of nail prints. Matataia Mene deposed that Matena broke the store open ; did not see him do it, but he gave him some rum, Matene asked him to scay by a ditch while he (Matene) would go to the store. He came back and told him that he had done it; when near the public house he saw the cash box under a window, prisoner carried the box along the beach and broke it open, gave witness one pound out of the box, he did. not take all the paper out, did not see any shirts. IBy prisoner: He was drunk, had been drinking rum, staggered about. j This being the case for the prosecution ; his Honor reviewed the case and the jury found the prisoner not guilty. The prisoner was then discharged.

POLICE COURT.—Monday.

[Before John Cosgrave and C. N. llarshall, Esquires, Justices of the Peace.]

Serious Charge against William Kirby.

The evidence of James Bain, coal and fire wood dealer of Lome-street, husband of the ; complainant, appeared in our last issue, and in tbe cross-examination by Mr. Joy, witness 'said I pushed Mr. Kirby away, and he chal ■ lenged me to fight. I refused and told him to go home and I would see him to-morrow. ; The next morning I consulted my solicitor, did not see Kirby in the meantime. I have listened to no compromise. I have heard of ! offers of compromise. My wife did not know ! that I was in the room. lam able to tell tbe Bench that my wife did resist Mr. Kirby. She did her utmost. When I swung Mr. Kirby off the bed his arm knocked the candle down. Both Mr. Kirby and my wife were greatly excited. About a month after my marriage I was intro duced to Mr. Kirby. My wife had told me of the overtures of Mr Kirby for ten months previous to this occurrence. I went into the chtsffonier to test the trath of the statement. On one occasion when we were at Kirby's yard together, my wife refused to go into the house.

To Mr Joy : I waß about half an hour in the cheffonier. Some of our clothing is kept upstairs. My wife told him to go home. Mr Kirby endorsed a note for me to buy a horse, £32 ;he also lent me £4. I did not say to John Kirby that if Kirby would give me a receipt free of all demands, I would go to Mr Hesketh and stop all proceedings j nor did I aay anything like it; that I swear to. . - .

To Mr Hesketh : The candle was not put out by the fall, but burnt upon the floor ; I have a contra claim against Kirby of about £24 33 for work, but when the promissory note became due on th 7th November, should Mr Kirby pay it, I should be indebted to him the balance. Mr Faulder holds the bill. I bought the horse of Faulder. John Kirby came to my father-in-laws James IVSacdonald, and met me ; he said this is a sad affair, and cannot it be settled. I told him it was in the hands of Messrs Hesketh and Rich mond, and as I could not settle the matter, he must go to Mr Hesketh. On the night when John Kirby met me at Macdonald's, I saw another man come out of the docks, he had on a great coat, and I was afraid to go out again. 1 did not see Q'Donoghoe on that Saturday. On Sunday morning John C. Kirby and. defendant's wife came to me with the object of settling the matter. I never discussed the matter with them would not listen to a money settle ment. Mrs Kirby said it was a sad affair. Detective Jeffrey and Grace spoke to me about the case. John Kirby still pressed me to come to terms, and I again referred him to my solicitor. I never had a thought of making money out of these proceedings.

To tbe Bench : The Btaircase was at the foot of the bed. I went towards the fire place to get something to strike Kirby with. 1 gave my wife £1 on that evening. I'm not a Good Templar, had not even so much as a glass of beer on that day. I never remon

strated with Kirby when mv w if e » '' his condnct, I said, he was a good ml rough and ready of speech. On wJ*' r^'i week my wife told me that Kirby had nfl ' Z" A her £4 a month, and he would come a^ 4 "' her every day when I was out • th«T -° " nothing kept in the cheffonier '^Zl *■ ; hat and hat box. I understood from " wife that Kirby offered the £4 a month V an immoral purpose. The money that X" V ? marie the noise abou* was the inter t th The bourfc then id jHL,^noisoner's ' bail was enlarged. f T*\~ja? u"«rs .

This Day.

OUT LAST NIGHT. Frank O'Bnen, an elderiy gent'ernsti t. rnitted to ass. fine. William Bali • pressed contrition and paid his 5s for afl I offence. Htst The Court was then cleared and the ca of William Kirby, charged with an assJj! with intent, etc., upon the wife of Jan,* Bain, was proceeded with. The accused surrendered to his bail. ' Mr. Hesketh appeared for the informant and Mr. Joy for the defence. ' ; Kobert Moore, examined by Mr. Hesketh deposed : I am a brass-finisher living in Lome-street, in the front part of the house that the informant (Bain) and his wife live. On Friday evening last I was i tt the water-closet, which is eight or tea yards from Mr. Bain's door; while there ' I heard a noise in Mr. Bain's house. It sounded like a rush of feet as if parties were struggling. There were loud voices at ths same time stammering and stuttering, but I could not make.out what was said. I know Bain's voice and I heard him say, "I have caught you this time; I was watchingforyon,"* ---1 could not hear what the other man was say. ing at the time as he spoke very quick. The door opened before I recognised any voices' , Bain also said "J/Yhafc brought you here?' The other man said, "I only came for my money." Bsin said, "I've been told about you coming, and have suspected you for ten. months." The other man said, "Why don't you pay me _then ?" The man said, " You can't prove it.,' The time Bain was impeaching him the man called Bain a liar and said he couldn't prove it. Bpin gajj he'd make him sweat in the morning. %& manner of their speaking was as if they had taken hold of each other to fight. Both seemed very angry. A person going from Bain's door into Wafcefield-streefc haa to piss the closet: As the man pasaed I saw him, and believe it was Mr Kirby from his appearance.. Until I saw the man pass I thought it was Bain'a partner having a dispute about money ' matter.?. Mr. Kirby could not see me.

Cross-examined by Mr. Joy: lam a tenant of Mr. Bain's and a married man,, My wife was in the house at the time. Was' in the closet about five minutes or a little more. The man called Bain a liar and lie called him. Bain also said " strike me, I'm in my own house." This was the case for the prosecution. Mr. Joy said he would not offer any evi dence. He proceeded to speak of Mr. ErbyV ' character, aud the surprise that had been caused by seeing him accused of such' an offence on the evidence of a husband and wife. He condemned the con cealment of Bain as a mean action, which was in keeping with the rest of that witnesses character as shewn in the evidence. He had upon his own shewing entertainment suspicuous of his wife's virtue and had taken this despicable way of detecting her. He had told the, Court that he suspected Kirby for tea months and his wife for one month yet j did he ever say one word to the accnsed5 about it? Learned counsel contended that the 1 whole evidence bore the proof of a diabolical plot between Bain and his wife. If this were not so, why should Bain have concealed hinv. self at that particular hour, out of all the days and hours of the year, in a cheffonier, where he could not, from physicialcauses,-endure his cramped up position more than half-an hour at most, unless hewerequitecertaintbafe within a short space of time his wife would be in a criminal position with Kirby. This view , was borne out by Mrs. Bain going to Kirb/B yard for change while her husband led his horse up the street, so that he might ibe seen going away. They had been told by both Bain and his wife that Kirby had previously made improper overtures and if this were the case why should she..imme diately after her husband left go down to the yard of the man she professed to be afraid of for change, while her husband returned aid concealed himself, unless for the express purpose of leading to the very thing'that happened-that Mr Kirby should follow, her up to the house. He contended that the evidence of Bain's conduct was more reconcilable with the inference that he had laid in wait expecting to find something which he failed in. Had it been otherwise, Kirby would not have exclaimed, "Youre a liar, and can't prove it,', as was testified to by Bain and the last witness. It was easy to see why, having failed, the informant: should now be goaded to bring this action.; The offence was one easily made and very hard to disprove. In the present case it entirely rested on the statement 01 man and wife, whose own characters did not show to advantage. TJpontbeir own statements both had told a lie. Bain Md said that he had told his wife he was 'WTO? take the horse into the country, wheMl had no intention of doing so, and ;Mrs. iJ»m swore that she told Kirby when ihe came to the door, that her husband would be'bWKHi a minute, although she did nob expect nun back. Was it likely that if such a statement were made respecting her husband, JurPy would have acted in the manner descnWOf Moreover why did not Mrs. Bain1 screamoni. They had the" statement of her husband tnat after she became so alarmed as to,cry o "Mj God what shall I do," a <l net conversation was carried on about P*6B6^,' why did she not then scream out. •per sons were living in, another pa« the same house, who would have nearo her had she called for help. n» maintained that it was impossible for .».*• man to be ravished against her wish in sucn a place. If, as Mrs Bain had asserted, sb? had been gagged for such a length ot.W: she would be dead. Mr Joy proceeded w comment unfavourably "on the character 01 Mrs Bain, as shewn by the looseness ot m conversation with Kirby, which (&«■«?,'Ts hardly the language of a virtuous malY<~ woman: telling him to go to dW XK n nt street ! Referring to the statement »d <ow> the upstairs, Mr Joy said it appeared,-ijf .■ Mrs Bain's evidence that the tipstairs^ vacant and unused; why, then, wo she have gone up there before **J came in, as testified to by , / It was much more probable that upstausF Bain's place of hiding (as his cUent instructed him it was), and not l , cheffonier, and that it had /bfeenvgW necessary to account for footsteps 0 staiis and hence the statement M*l ■"** j Bain went up there. He ..laid .ffwa*-"^ upon the question put by, the B?""* ■ r answered iv the affirmative that W^ ' wore drawers at the time as being incoua ent with her testimony. The . evidenco the last witness, he maintained, supp . t the view that Bain had not discovere a*. ■he expected to find on comingjlown s^. In the altercation-with Bam, B-irDy/- m j « to be the assailant, calling .JU^«, liar, and skying he "could it," which was a very. _ ht »s course for him to have pursued tf, ca-"f gs id described. Why should Bam n»J» " Strike me in my own house, ~vn ~ hat the were so. He concluded by stating *" whole evidence shewed the mf^"f mO ral hia wife to be destitute of tnw for character which tbey^, would in persons they were^23k§d. ••■*£ jnorali^ it shewed a low standa^V g^nd^fe as man and wife, and a^^^f.cepf^l| as witnesses. The case bore : We * proof of being a conspiracy, "wV^irn design, founded on jealousy or some v ~,,.;

the 'ff^ff^^^ 5 wf



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