SHIPPING NEWS. INTELLIGENCE.

R-I'AH WATER—This afternoon, 3 42 ; to-monrow aior^imv, 4 15 BET-TMs evening, 543 SUN RISS—To- a .6r»w morning, C 22 MOU« 5 AUJS—FuII moon, Oih instant, 7.1S a m

ARRIVALS.

Bbenener, schooner, from Ettisoll

DEPARTURES.

£ona, S3, for Bay of Island 3 Argp'e, ss. for Wangarei Pretty Jane as, for (Jisborno, and Wapier Atlanta, schooner, for Tuiraa Sello Brandon, schooner, for Wangaroa

f"The schooner Queeu left Hokianga on Saturday for Auckland. Tho new steamer Staff.* leavo3 for Tairufs, Tau- ■ r*nga, and Opotiki this evening at 5 o'clock. She was swung at one of f o doluhins yesterday for tho purtioso of iTliuntir.fr her composes. The briff Vision cleared out to-day for Tonga and Samoa with a caivo of trade. She takes Ilia follow ngpaPaongers;—Mr «nd Mrs Farrell and son, Mrs 1 loverock, Me&srs Boylsu and Elllgan. Shu will axil, weather peitnittincr, tbis evening. The steamers Argyleand loca proceeded od | ue j r trips to lhe North, \he former for Wangare^ an( j Q latter for the Bay of Island s, jesterday eve D i ng The ss Pretiy Jane loaves thy tt f teniO on' for Oisb'>rae and. Napier. A new fore and At schooP" er has arrived from Mr Malcolm Daria.ft a yard a>, Mahiiranßi where she has keen built to tne order o f Messrs, Cuff and Graham of LyUoHon. Her D', me j g tue j lHlid Graham. Her dimensions are,Knsih 70 ft, breadth of beam 20 ft. depth of hold 9 F^m,} gne meagmes about 76 tons. The schooner nas | 3Oen bn}lt liudt!r t ] le j ngp ection of Uiptcin.D., H. Mackenzie, which is a guarantee that B.i c is not likely to damage the reputation of AucKlo'nd shlobuilsersfor turning out a Rood aud sevsverthy craft. We are assured that she is without exception tho most faithfully built craft ever turned oiw at Mahurangi. in chape, she is smart looking, ■With moderately fine ends, yet wiih plenty of capacity in lier hold. She is well sparred, and her rigging and sails sre of tho best quality. She will load hure with timber for Lytteltoii, and sail in about 10 d»ys.

TELEGRAPHIC SHIPPING.

Lyttkiton, Sunday. Thfi ss Colimaarrived from Welliugtoa at 11.30 am., and sailed lor Chalmers at 1.6 p"ia.

COMMERCIAL.

At L. W. Eaton's sale of fruit this day, the following prices were obtained : Apples, 2h\ to 4d Ib. ; -pears, 3M ; plums, 6d. The lease of the Market-hon.se will be offered^ at auction on Thursday next by Mr Geo. Sih'bin. We observe the Council have resolved to open the western wing lately closed for public ti'affic to the new lessee, and the stalls therein will be allowed to be let. We would remind purchasers of the day of Bale, Thursday, April 6th, at noon, at Sibbin's mart.

CHIEF POST-OFFICE, AUCKLAND.

Maim will Close as fotjLoivm :— For Thames tn-morrow at 9 30 am i'or Coromandel to-morrow at 1130 am For Hnssell this day at 4 p m For Oisborne and Napier, per Pretty Jane, this day at 3 p m For Wangiroa to-morrow at 4 p m ForN-iDifr on Frida% next for Chntham Islands to-morrow tst 10 a m For "VViitiiiarei to-morrow at 4 p m Per Coliinn on Monday next as follows— "*""" 3?or Kaodavu, Sandwich Islands. TTnitorl Slates of Americt, Canada, British Columbia, Central and Seuth AMerici, and British and Foreign "West Indies at 11 am For Unit3tl Kingdom and Continent of Europe at 11 a m For Money Orders, Ee?i3lered letter, nnd News papers at 10 am JJste Letters bearing an extra fee of di, in arUlition to the postage, will be received by th-j Mail .Ag^nt on board up the time of sailing (Signed) S. B. BI3i?, Chief Postmastor.

BIRTH.

TUNNY—On the 3rd instant, at Eerauera, Mra. J, M. ' Tunny of a son.

DEATH.

CASEY— At her residence, Hobson-street, Mine, the beloved wife of Captain Casey, aged 49 years. Kequiescat in pace. The funeral will take placo on Thursday, the Gth instant, at 3 p.m. Friends please accept this Invitation- MINAHAN—On the 3rd April, Margaret Minahan, eldest daughter of Mr. John Minahan, aged 21 years. The funeral will leave her uncle's residence. Mr. J. Mick, Catherine-street, Onehunga. on Wednes day, 4 p.m. Friends please except thia invitation. EYRE—On the 3rd April, Richard Annesley Eyre, aged 41 years. The funeral will leave hia lato residence, Mount Eden, ats o'clock to-morrow (Wednesday), Friends will please accept this invitation.

The Evening Star. WITH WHICH ARE INCORPORATED "The Evening News," "The Morning News," and "The Echo."

TUESDAY, APRIL 4, 1876

For the cause that lacks assistance, >or the wrong that needs resistaaca, >"or the future in the distance, And the trood that we csn do.

We have such an instinctive reverence for colonial legislation and for the ineffable wisdom of the Colonial Government, that it is with a sinking heart we refer to the some what lengthy, bufc very affecting review in another column, of the Debtors' and Creditors' Act of 1875, and the regulations issued there under by Order in Council. If it was a paltry Provincial Council that had perpetra ted folly, and if it was a low and narrow minded Provincial Executive that had issued these regulations we might have abused them and felt happy. But Lord save us! What are we to think of it, when a peerless Parlia ment like that which has recently sat has passed the law, and an Executiva Govern ment of comprehensive grasp of intellect, containing a Bowen, and a Pollen,and a Rey nolds, in Council sat, and thus exhibited the wisdom and commercial knowledge where with they govern this great people. It would spoil the zeat wherewith our readers should approach the perusal,were we to comment on the comments of His Honor Judge Ward, or retouch the brilliant picture which he draws

of this latest result of legislative wisdom. That a legislature which enacted the '* Mem bers' Thieving Indemnification Bill" for the protection of its members, and a Government which conceived the happy thought for thus saving the creatures ii; Had bought and used, should have loose ideas on the ■iiicinn and tuum of commercial ethic 3 is,perhaps, not surpising; but that between them they should have concocted such a maze and muddle for the bewildering and floundering of creditors and debtors, is a circumstance thai; must give

pain to every one who sees iv the asccu'^ nC y of a central legislature and a S'^o\ e Govern ment, tho dawn. o£ '^ ie era ~ o f w i ß dora and of politick an( j commercial great ness. Th'j C £ ag jt came from the legis latu^e seems to have been sufficiently complex and conflicting ; but the regulations framed by the Government in its wisdom have put the capping stone upon it. One of the pleasantest"provisions in it, we think, is that for the meeting and the voting o£ creditors. As prettily put by Mr Ward, the votes of thirteen creditors claiming £G63,can outweigh and utterly nullify the votes of claimants for two millions. IE a man therefore means to go through the meshes laid for him, just as the big flies always break the spider's web, he has but to judiciously place a few hundred pounds among friends, and his heavy creditors may weep. Although it is not to be supposed that &uch conception of human villainy would be entertained by the guileless innocents who have been understood to advise His Excellency in this as in other matters, nevertheless it is within the com pa3S of possibility that there will be found those who will be cute enough-[to lay their accounts with such a merciful and benign provision in preparation for insolvency. But this is far from being the only beauty in the precious Act and its still more precious Executive regulations. To the humble debtor whose aspirations do not soar to robbing his creditors in respectable amounts ) the Act intends no relief. Ho may hang around his neck, like a bracelet, as many little debts as he can, but unless he is successful iv inducing a few persons to entrust him each with respect able amounts of £10 and upwards the Act recognises him not. He is altogether too mean for its notice. He may indeed vest hi 3 estate in the Clerk of Court for protection and there it will abide forever ; being precluded from being distributed among his creditors or given back to himself. He may in the aggre gate have doneavery tidy thing in borrowing; may havo scraped together indebtedness to the extent of a thousand or two, but unless he has let in a few people in respect, able amounts, neither will his creditors touch a farthing of his assets, nor will he be freed for ever. As facetiously put, he hang 3 like Mahomet's coffin between heaven and earth, or as poetically described by the Judge, men may come and men may go, but he goes on forever, an unliquidated and unfortunate, a hopuless and helpless m.in. We shall no follow out the reasoning in the judicial mind of the legal commentator, but there is a ring about the following utterance that is very pleasant, " I may say," says Judge Ward, "thnt I believe that six months hence nine out of every ten insolvents will be iv a state of liquidation for the term of their natural life." Wo shall say nothing of the provision limiting ths powers of tho Privy Counc ilof the British Empire. This may be nltra vir°s of tho Coloniol legislature and Colonial Go vernment. But bless your soul that is neither here nor there. It is the indefeasible right of the present Government to do any thing it likes, and any attempt to restrain it within Royal instructions, or the four corn ers of the Constitution Act, or any other absurdity, is only provocative of "much amusement," in fact it " cannot treat it seriously."

It is difficult to approach with patience the subject of the insulting letters and telegrams of Sir Julius Vogel to the Superintendent of this Province, which have been filling the columns of our morning contemporaries. It .is more difficult to read with patience the offensive and utterly cowardly and unfair at tacks in the Cross on Sir George Grey's share in the transaction. How a paper dares to continue in this style in the midst of a peoplo nineteen-twentieths of whom are indignant in the highest degrecrespecting its tone, is among the remarkable things that are witnessed under the reign of arrogance and brutal insult to which we have at present to submit. Bravely and unflinchingly Sir George Grey is standing by the rights"of the people. He came forth from retirement for this at the call of the people, and he has more than satisfied the sanguine and confiding expectations of those who had in vited him, in preserving the same unflinching I front towards abuse, insult, and cajolery. Such a man was wanted for such an occasion, and right nobly has he fulfilled the trust, and neither the sickly twaddle of a corrupt and pensioned press, nor the alternate coax and sneer of ministers accustomed to deal with different material, has turned him to the right hand nor to the left from the path of duty and honour. •In one of Sir Julius Vogel's recent letters—we gave it in our issue yesterday—he insinuates that" Sir George Grey's popularity is on the wane in Auckland. He says: " Two years ago I was as popular in Auckland as your Honor was six months since." This insinua tion is quite current at Wellington, and has had admission into the Government papers. To anyone in Auckland we need not give such insinuation the contradiction flat. Never hi his life was our Superintendent so esteemed and respected as ■at the present hour. He is in the very zenith of his popularity, and the coarse insolence which he is at the present enduring at the hands of jumped-up ministers who are not worthy to wipe his boots, is but rallying around him an enthusiasm which if put to the test— and who can tell |what is coming — may cause some as tonishment. We had indeed thought that Sir Julius Vogel on his return would have shown himself superior to the paltry tactics of his con fessedly inferior colleagues. But the conjunc tion of great elevation and low origin has asserted itself, and the new-made Knight can-' not resist the unwonted temptation of having a man of the distinction of Sir George Grey to snub. " Your Honor's telegram," says Sir Julius Vogel, " has occasioned me much amusement. I can't treat it seriously." There is something so grotesque in this effort to be funny, that we can hardly suppress the picture rising to our mind's eye, of Sir Julius Voge laughing. We venture to say that before many months have passed, however, the poli tical and social consequences of his insolence will be such as to make him laugh with the wrong side of his mouth.

Mr W. Walters and his team of J race horses arrived by the Taupo yesterday.

The half-yearly meeting of Court City o! of Auckland, A.0.F., was held last evening at the court-room, Cook-street Hall, when the followiDg brethren were elected to office for the ensuing six months :—Bro Cole, C.8.. ; Bro Hunter, SCR. ; Bro. Holland, Secre tary; Bro. Augur, Treasurer; Bro> Ledger, S.VV. ; Bro. Lo lioux, -J.W. ; Bro. lW';terson S.B. ; Bro. Stichburv, ,T.B. ; Bro. Glodwin, A.S. ; Bro. Dr. Dawson, Surgeon, W«i notice that this flourishing ijovir-; 'numbers 235 members, with about 4iStK> to its credit, which shows a «on^, ora ble increase of funds upon tbo^ 0 £ tllß p rev io U 3 year. The City 0 Auckland Court is the most prosperous lodge in the Auckland district.

An open loilge meotiug of the Sir Henry Havelock Lodge will bo held this evening in Edwardes-sfcreet. An excellent literary and musical entertainment has been provided by the enterprising committee for the occasion. We notice that Key. W. Tinsley will deliver an address. Miss Jessie Woods will sing, also M'fss Gribble and Miss Good. Miss Froude, a relative possibly of the historian of Eng land, "will deliver one or two of her choice recitations from her favorite poefc, and Messrs Howden, Tudehope, Allen, Carter, and Jameson will do a little ia ths comic and sentimental line.

The usual weekly meeting of tho Pitt street Wesleyan Young Mens' Society takes place on Wednesday evening next, at eight o'clock instead of Monday. The essayist is Mr Jeesop, and his nubjeot. " Natural Selec tion." Mr .fessop £s Gi;e of the foremost rea sons;! in the society, and his hand to hand conflict with Darwiu on that occasion will be a great treat. We are uot permitted to #ivo a syllabus of the lecture ; but wo think Dar win's Ourang Outaug, and Baboon theory will bo severely hasaud. The public are invited.

An entertainment of a musical and literary character will be given this evening in the Temperance Hall. Albert-street, for the bene fit of the Good Templar Brass Hand, under the patronage of the members of the Frater nal Homo and other lodges. As the pro gramme is composed of the names of somo of our beat amateurs, we have no hesitation in predicting that the entertainment will be a success.

If Mr Lynch, who left the 'specimen of bismuth with us yesterday, will call at this office to-morrow morning he will oblige.

We have received a second letter from " A Passenger" on the subject of the late riotous conduct in an On billing* omnibus. Wo think the subject has been sufficiently ventilated and if " A Passenger" wishes to carry thu matter further lie had better make a repre wentation to Mr Goldie, tho City Inspector.

The Key Alexander Reid left to-day in the Taupo for Wellington.'

The fliga of the shipping in harbour were flying half-mast today in oomplimeut to the memory of the l?ite Mrs Jeremiah Casey, wife of Captain .1. Ca3ey, who died early this morning.

Tho usual monthly meeting of the Accltna tization Society was held yesterday affcarnoon in. the Museum Buildings, Princes-street. 'Che monthly accounts were ready by the secretary, and passed. The report of birds liberated during tho year was read, and showed Cl still remaining on hand for distri bn'.ion. Tho Chairman gave a very encourag ing statement of the salmon placed in the ponds at the Domain. There was a great necessity for anew supply of water. He had distributed 500 in the Waikato, 200 in the river at Mercer, and 200 afc the junction of the Waikato and Waipa 'rivers. Some dis cussion ensued as to tho best situation for placing another consignment. It was finally referred to thu Chairman, Mr J. O. Firth, who promised to see that they were placed in a suitable stream. A sum of £25 was voted to be expended in improvements in tho gardens. A letter was was read from Mr G. Mair, of Ohinemutu, relative to the increase of carp in that district. The secretary was iusfcructed to communicate with Mr Broham with reference to the appointment of rangers in out-districts. The resignation of Judge Gillie 3 was accepted, that gentleman not having sufficient time at his disposal to at tend tho meetings of tho Society. Ifc was agreed on tho motion of Mr Swanaon, that £50 reward be given for 12 pairs of sparrows, or a proportionate sum for a smaller number, not being less than two pair. After some further business of an uninteresting charac ter, the meeting separated.

The steamer Durham will leave Auckland for Coromandel on Friday at 11 a.m., and will return from Coromandel at 4 p.m. '

Mr Fraser, of the firm of Fraser & Tinne, proceeds to Tairua by the Staffa this evening for the purpose of opening the wire tramway erected by his firm for the Tairua Gold Mining Company. The tramway is to be used for conveying the quartz from the mine to tho battery, a distance of about half-a -mile. It is self-acting, for the desceut iv the length being over 400 feet; it is sufficient to load the buckets, and they will go down by their own weight, at the same time bringing up tho empty buckets on the other side.

We are glad to learn that Margaret Goppell the old woman who was referred to in our yesterday's issue as having lost herself, has been found at Panmure by Constable McLen non. We are not aware what her reasons were for leaving town so suddenly.

Rumours of an extensive fire having occurred at the Thames were rife in town some time before noon to-day. The full telegrams which we publish elsewhere will supply our readers with all important particulars. The fire occurred in Pollen and Mary-streets, and destroyed eight stores and the Congregational Chapel. The list .of insurances will be found in our correspon dent's account. Among the unfortunates who have been burnt out is Mr Ashman, tailor, who experienced the same fate in Shortland-street some years ago, just before he left for the Thameg.

The Pioneer Juvenile Templars will hold an open meeting in the lodge room, of the Young Men's Christian Association, this evening, cominencmg at a quarter-pasb seven o'clock.

A meeting of the late Volunteer Fire Bri gade was held last evening in the engine-shed Albert-street. There was a large number of members assembled for the purpose of pre senting a gold medal to Captain Hughes, as a mark of their esteem towards him. The pre sentation was made by Captain Humphreys in a brief speech. Mr Hughes thanked the members for their kindness. What he had clone for the brigade w.as simply his duty. His desire had always been to make the members thoroughly efficient. The conclu sion of his speech was followed by loud ap lause, after which the meeting terminated.

The trustees of the Auckland Savings' Bank will hold a meeting on Wednesday next at three o'clock in the afternoon.

CAPTAIN EYRE.

The death of Captain Eyre, Governor of the Mount Eden G-aol, though nob altogether unexpected, has caused a feeling of so»row to permeate a large section of the community. Ua.pUiu Hjre was known throughout the colony as a man of sterling qualities and moral worth, and although he was exact and consistent in his duties, he, nevertheless was ever desirous of raising those who came under his charge and discipline, and in individual cases, much good has resulted from his kindly treatment and advice. Richard Annesley Eyre was the son of the rector of Byre Court, Galway, in which rectory he wa3 born. He was trained and educated for a soldier, and a soldier he became. He served with his regiment, 53rd Infantry, in the Indian mutiny, where he was wounded, and advanced to the rank of Captain. The exposure and pestilence to which he was exposed in the jungles told upon his con stitution, and in 1863, he was invalided and came out to New Zealand, where it was thought|the geneality of the climate might

be favorable to him. Hfc engaged for a time in farming at Papakura, and stib sequently was engaged Iv connexion with thfc Provincial Council and general assembly on the clerical staff, when tile governorship of the Auckland gaol bo; came vacant on the resignation, of Mrloung, Captain Eyre accepted t!ie position, which he rhamtii-irj^d honourably until his death, which, aS cur> readeas know, occurred ve.sterday. Captain Eyre was married in 1569, to a daughter of the late Rev J. F. Churfcon, who survives him without issue. It is gratifying to learn that Captain Eyre had acquired some property in Auckland, which will besvJncient to maintain his widow in comfortable circum stances. The funeral will take place at 3 o'clock to morrow at St. Stephen's Cemetery, Parnell.

THE LIVELY RALLY IN QUEEN STREET.

(To the Editor of the Star )

In the spirit of fairplay, we give an opportu nity to Mr Rogers for Btating his case in rela tion to the late fracas in Queen-street. Prima fatie his case appears a hard one, but we shall probably hear what his antagonist has to 3ay on the subject.

Sir,—ln your issue of Saturday, I saw a paragraph headed "A Lively Rally in Queen street," iv which it stated that 'a Jew named Rogers committed an assauH on our respected townsman Mr Linabury ' Whoever is your informant, I should advise him to seek for truth in future. To so happens that that respected townsman was the aggressor ; he pushed me and called me ab .Jew; 1 then struck him, and he returned the com pliment. Noff, Mr Editor, if you will give me space in your columns, I will explain the whole matter. Karly in February the Melaine schooner, wrecked on the Kaipara beach, was advertised for sale; I asked Linabury if he would #o in with me, and he said, I wiil see on the Friday previous to the sale. I asked Captain Adams if he would go with me to the Kaipara and look at the wreck. He said he would. I then went to Linabury and asked him if he would like Adams to go down and see the boat. I told him it would not cobt more Than £5, and if it was all lost it would only be a matter of £2 10^ each lost. He said it would be all the bettor. Later on, on Friday, I was told that if I was not pre pared to give ten or twelve hundred pounds for her, I might save myself the trouble and expense of going djwn. I then told Lina bury what 1 had heard ; he Baid just what I expected ; I said she may not fetch as much as they expect; he said we shall know better on Monday on the day of the sale. I went to his shop and wo left together and went to Tonks and Carr's auction, and I bought her for £150, Liuabury, according to agreement, paying for her after the sale. I said to him, all I can do for you is give you a bill of sale on my furniture if in case there should be any loss ; he said, do you suppose if I lost every shilling I could take your home from your wife and family. I am not the man to do that, Rogers. I went to Captain Adams and told him I had bought the boat, and told him to get ready to start. I then introduced him to Linabury, and Linabury said to him :—" Jf you get her off we will make it handsome for you." He said :—" I will do my best ;if she is to be got off I can do it." We all three left the shop together, and walked down to the wharf. On the road down Linabury said to me :—" 1 must go and see Quick." I told him last week that if he chose to stand a ttiird he could by paying the cash at once. " I shall have to let him, but if he does not we ahull have all the more to divide our selves." I then left at four o'clock for Riverhcad, and arrived at the boat the next day at about three o'clock. When Adams saw the boat he said : "You will get £700 or £SOO each out; of her." Slept on board that night. Sent Adams to town noxt day for appliances and labour to get her off. He returned on the following Tuesday. 1 then came to town. Linabury was very pleased with the captain's report. During the day of my return Linabury said: "This is; the best transaction wo have had together. We shall make at least £500 each after all ex penses are paid." He had a letter in his keeping from Mr Bent, of the Echo, now iv Duuedin. He said : "Won't Bent bemad. I will write and tell him we have bought a boat, and netted £1000 each out of her." On the following week Linabury went down. When he camo back, I asked him if they were getting on. He said they would have her off next spring tides. In the evening I saw him going home, and spoke to him. He said to me, " What do'you mean by telling people you are my partner." I said I had dono nothing of the sort, that I had merely told people I was a partner in the boat. ' "A partner in the boat !" he said, "you are nothing of the sort." I then said what I had to do with her. He said, " You are to have one-third the net profit, and I hope I shall have to give you a cheque for £500." Not satisfied with that, he advertises her for sale on Mon day, 3rd April ; tells the auctioneer she is all to pieces, and brings the cap tain to corroborate his statement. The contractor came to town last Wednesday, and engaged four A.B.'s. When the River head boat was ready to start, the men were not to be found. Captain Adams said to the contractor, I will follow you to-morrow with the men; he said never mind, I can get them at Helensville. Not being able to procure the men at Helensville, Captain Adams re turned and engaged men, and he actually started the day on which the sham sale is to take place. The whole affair is done to swindle me out of my share.—By inserting . the above you will greatly oblige, yours respectfully, • Joseph RoriEits.

AUCKLAND RACING CLUB.

The following are the weights for the Easter meeting :— EASTER HANEICAP. The Don, aged ... ... 9 3 Negus, 4 years ... ... 810 Isaac Walton, S years ... S 0 Eclipse, aged ... ... 8 0 May Moon, 4 years ... 7 6 Bedouin, 5 years ... ... 7 6 Belle, 4 years ... ... 7 4 Medea, 4 years ... ..;; 7 3 Deception, 6 years .. ... 7 0 fHURDLE BACH. Gladstone, aged ... ... 11 7 Arrow, aged ... ... 10 11 Paddy, aged 10 10 Potentate, aged ... ... 10 7 Darkie, aged .., ... 10 4 ' Black Monitor, aged ... 10 0 Perfume, 5 years ... ... 9 12 Mystery, 4 years ... ... 9 7

Mdlle. Ilma de Murska and Her Husband.—Unhappy Revela tions.

. ' [BY TELEGRAPH], BTOEDIK (From our own Correspondent.) Tbis day. Papers and letters by the Arawata disclose. Beveral new and deplorable facts in connec tion with lima de Murska's marriage to Alfred Anderson. The marriage was one of mere romantic affection on the part of the lady, but has proved one of those blunders which it is the privilege of those to commit who have passed the period of youth and inexperience when mistakes of affection are easily pardoned.' It gave her nothing but a husband broken down in health, and dying of mortal ailment, It gave him as a wife^a

gifted woman who had reaped a golden harvest by tho exercise of her wondrous artistic talents in the colonies. Mr Anderson it seems was not backward in asserting his claim to the ownership of the harvest, and got possession of as much of it as possible as soon as he could. When his disease became serious, and a fatal termination was threatened, he was removed to the house of his parents in Melbourne, where during his wife's absence from their residence his wife was only allowed to see him at rare intervals, hardly at all. After Aodemon's death it was discovered he had left a will devising his wife's property as his own, and leaving it to his mother. De Muraka has given notice of application for letters of administration, and Anderson's family are likely to com promise in order to prevent the exposure of legal proceedings. De Murska and Devivo will probably leave for Dunedin on the sth of April. m

SUPREME COURT.-YESTERDAY.

CRIMINAL SESSIONS.

(Before Hig Honor Mr Justice Gillies.) FORGING AND. UTTERINOr Frederick Daniel Winslow, was arraigned upon an indictmeut charging him with uttering a forged cheque for tho sum of £") 2a with intent to defraud David Dunningham of the Governor Brown Hotel. The evidence in this case appnared in our last issue, and having commented upon it, His Honor aentunced the prisoner to nine months imprisonment with hard labour. ISDEOKNT A.SKA.ULT. Thomas Mulvauy, a man in years, was arraigned upon an indictment charging him with committing an indecent assault upon a widow named Fanny Bowman. The evidence of the woman and Constable Revele was the same as that which appeared fully in the Evj!>ttnt; Star of Saturday last. His Honor, in reviewing the simple facts, said the prisoner had been guilty of a cowardly assault;, and ho felt bound to pass a severe sentence upon the prisoner, namely three years penal servitude. MANSLAUGHTER. The grand jury found a true bill for man slaughter, the minor offence, atjainst Antonia Marco, for taking the life of Williamson, in the Onehunga stabbing case. True bills were also found in the Newton assault case, and in the Maori murder charge for witchcraft. Tho Court rose at five o'clock-

THIS DAY.

His Honor took his seat at ten o'clock precisely.

Manslaughter.

Antonio Marco, a foreigner, was indicted for that he did on the 18th day of March last feloniously kill and slay one James William son. Prisoner pleaded guilty. Mr Koes made a statement in prisoner's favor. In this he recapitulated what had been said by witnesses during the preliminary investigations. The quarrel during which Williamson was killed aroae out of the cir cumstance, that prisoner had been taunted with having a lower rate of wages than other men employed on a certain steamer. De ceased had struck the prisoner, and further threatened him, whereupon he raised his haml, which contained a knife, and unfor tunately inflicted the wound. It must be remembered moreover that prisoner was a Corsican, and as such more prone to use the knife than any of Williamson's countrymen. Ho had pleaded guilty to having stabbed the deceased, but it had been done in the heat of .in affray, and without any seiious intention. Prisoner had for years borne an excellent character, and ho (Mr Rees) trusted that under the circumstances tho sentence might be made as lenienb as possible. Prisoner then, through Colonel Balneavis as interpreter, made a statement to the effect that ho had been set upon by four men and struck. That was why he had placed his hand on his knife. He had certainly stabbed deceased with it, but in self-defence, and without the slightest intention of killing the man. His Honor addressed the prisoner, who he said had had a very narrow escape of being indicted for the higher crime of murder. It was only in consequence of tha provocation which had been given that he had escaped this charge. He should, however, remember that no amount of provocation or even blows would justify him in taking the life of another, except to save his own. His Honor would take, into consideration prisoner's character, and also the fact that in his country the knife was looked upon as an ordinary instrument of defence. He thought therefore that under tho circumstances justice would be served by inflicting a sentence of seven years penal servitude. LARCENY AS A BAILEE. William Bibb pleaded guilty to a charge of stealing a gelding and appropriating the proceeds of its sale to his own use. Mr Rees for prisoner pleaded extenuating circumstances and urged prisoner's previous good character. Sentenced to nine months' imprisonment with hard labour. Indecent Assault.

Four young men named William Donald son, James Mcllmoyle, David Mcllmoyle and William Lodge, pleaded not guilty to a charge of having indecently assaulted one Janet Price on the 26th of last month. The Court was cleared of women and children and the Crown Prosecutor opened the case, urging that if the evidence taken at the Police Court was to be believed, this was one of the worst cases of the kind ever brought before this court. Janet Price, who appeared to have sus tained severe injuries on the head and face was then placed in the witness box. Before proceeding with her examination the prisoner, Jas. Mcllmoyle, stated that Mr Joy had been engaged for the defence. His Honor remarked that if that were the case Mr Joy should be present. Mr Brookfield said that he understood Mr Joy had been sent for but had replied that although he had appeared for prisoners at the Police Court he would not do so here. His Honor asked if the prisoners were drunk when he saw them passing after the committal of the alleged offence. Constable Gamble : Yes your Honor, frightfully drunk. Mrs Price gave similar evidence to that given by her at the Police Court. She and her husband were passing along the Karan gahape Road near the Star hotel, when they met prisoners who rusaed her husband and took a parcel from him. Tkey then attacked her and took from her a purse containing £2 11s 6d, a door key, and some other articles. James Mcllmoyle struck her on the side of the head with his fist, and knocked, her on her knees. She then screamed, and the same man placed his hand over her mouth. She managed to call for her husband and David Mcllmoyle came' up. They threw her down and she struggled violently and scratched the skin of their faces. While Jamea Mcllmoyle held her down David committed the offence complained of. [Much of this evidence is necessarily unfit for publication.] When David rose up he kicked her on the mouth, and one of the others gave her a blow on the back of the head. She was examined after wards by Dr Young. When she was thus brutally assaulted she lay for some time senseless and on recovering rose up and went home. While the two Me Mcllmoyles were assaulting her, the other two prisoners kept her husband from her. To Donaldson : Was not dancing along the road. Did not fall down on my face. Was not drunk at the time. To the Court : Did net get any of my pro perty back that the men took from me except a sunshade which was found on the road next morning. William Price, husband [of last witness,

deposed that while going along the £«W } 13 po Road on the night of the 25th March with his wife, they met prisoners, one ot whom was playin, the banjo. They "topped a short time to listen aad then wdkedon,. not liking the appearance of the tour men. After passing them about 100 yards found they were followed. Looked round and saw the prisoner, David Mcllmoyle coming up. The others followed and in about Mother 100 yards he was assaulted bj James and David ■ Mollmoyle and Donaldson as well as another whom he believed was the prisoner Lodge [Witness went on to corroborate the evidence given by his wife as to the assault;.] Durmg the scuffle he was knocked senseless, but pre vioußly heard one of the prisoners who had been struggling with his wife say to ner, she's a strong cue." ,Whea£VT a nd his senses he was quite alone. Got up and went home, where he found his wile. To Donaldson: Did nob overtake; you in Pitt-street that night and ask you to strike up another tune. *My wife was not dancing along the road and did not fall. I was not singing, and you did not ask me to pick my wife up and take her home. # To the Court : I had had some drink, but was quite able to take care of myself, and anyone else. The Court: Happy, Isuppose. Witness; Yes, your Honor, that was-all. I never saw prisoners before. The Court : The two prisoners who you Bay first attacked you look slight men in comparison with you. Could you not have disposed of them ? Witness : I did so, bub the other two came to their assistance. To the Court : These injuries might have been caused by falling on the edge of a stone, with the exception of the bruises on the in side of the thighs, which could not. Benjamin O'Uara gave evidence similar to that published in the Police Court case. '1 his closed the case for the prosecution. _ Prisoners called no witnesses in their, defence, and Donaldson made a statement in which he re-iterated the statement that he had been playing the banjo at the request of Price, that Mrs Pride was dancing ajung the ro&d and fell down on her face. That he went tor water to recover her from her swoon and while doing so called out "murder" because two other men nad set upon him. James MclUMoyle pointed out that other pc iple w ere fighting on the road that night. To the Court: Did not hear any woman's voice when he went up to three men He did see two lumps on the road, which he took to be a man and woman. They were close together. Joseph O'Brien gave corroborative evi dence.

Detective Martin Grace gave evidence,

His Honor summed up, shewing the various points and discrepancies of the evidence. Ho specially drew the attention of_ the jury to those marks on Mrs Pjice which, could not have been caused by a fall. Also the marks of fresh scratches observed on the faces of the Mclllmoyles' Another question for consideration was, whether if the Mcllmoyle's had committed the assault, the other two prisoners were acting in concert with them. Further, he pointed out that the night was very dark and identification was difficult. Ih was also worthy of notD that Donaldson and Lodge did not appear to have had any previous knowledge of the other two men. The jury then retired, and the Court ad journed for three-quarters of an hour. On the Court resuming at two o'clock, the jury had not agreed. At 2.30 they returned and found all the prisoners guilty. The Crown Prosecutor observed that there was another charge against three of the men, but seeing that a verdict of guilty had been found against the whole of them, he would a-sk for a voile jiroseqni to be entered. This Was accordingly done. Prisoners had nothing to say why judg ment should be passed against them. 1> maldaon called Robert Bond, who said he uid known him for several years, during which he had always borne a good character. Lodge called Robert Gait, who testified that he had known him for neven years, and had always known him as a quiet young man of good character. His Honor then addressed the prisoners. He enlarged upon the disgraceful character of the crime they had committed. Although the whole of them might not have been con cerned in the actual perpetration of the indecent assault, ifc was clear that even if the Mcllmoyles' had been the sole active agents ii> was equally certain that the others had guilty knowledge of the act. Crimes of this nature had beea too frequent latterly, and it was necessary to put a stop to them. He was however, unwilling to ruin a young man for life, and would therefore only order each of them to be im prisoned for three years with hard labour. Donaldson did not appear to have been con cerned in the actual assault, and he would only sentence him to twelve months' im prisonment with hard labour. The prisoner Lodge appeared to be the least guilty, but it was evident that he might have iuterfered to prevent the outrage. His crime might be expiated by nine months' imprisonment with hard labour.

The Court then adjourned till 10 o'clock to-morrow, when the Maori murder case will be taken.

POLICE COURT.-This Day.

(Before R. C. Barstow, Esq., 8.M.) EUMMY INFLUENCES. William Good, of Riyerhead, Joseph West, Henry Carroll, Daniel O'Connor, and Catherine Heaton, were fined 10s each with costs for being drunk last night, with the ex ception of Carroll, who forfeited his bail. THE ITINERANT BOOESELLER. James Murray was brought up for the third time on a charge of druakenness. Prisoner pleaded guilty, and was ordered to pay a fine of 203 and costs, and seven days' imprisonment with hard labour. THE IRREPRESSIBLE MOUNT EDEN BARBER. John Thackaberry, said to be the closest shaver in Auckland, was brought up for the third time on a chaigs of being exceedingly lively in Customhouse-street last evening, while under the influence of drink. The prisoner said he was drunk in conse quence of drinking too much. Ordered to pay a fine of 20s and costs, and seven days' imprisonment. . A SAD. SPECTACLE. Mary Malyon. a young woman of 22, was brought up on a charge of vagrancy. The young woman said if His Worship would^allow her to go this time, she would go home to her mother at the Thames. Sergeant Mulvil'e found the prisoner at an unreasonable hour outside the Wynyard Hotel in company with a number of men, she was caying for beer ; he thought he had better take her to the station for safety. His Worship gave prisoner a severe lesson on the impropriety of her conduct, and dis charged her, but if brought up again she would receive a double sentence. EDUCATION KATE. Mr Beal, solicitor, again appeared with a revised edition of the Education rate de faultersjlist containing a large nnmber of names of persons who had failed to pay the rate, and asked that they might be adjourned until the 4fch day of May. The request was granted and Mr Beal left the Court. BREACH OF LICENSING- ACT. His Worship gave judgment in the case of Mr John Carroll Seccombe, who was charged with a breach of the Licensing Act by selling two hogsheads of ale to William Adams without a d licence, the particulars of which have already been published. The judgment was as follows :—

Whatever might have been the \i&VlfajS!fVP* '' brewer in this Provvinco under the Provincial t) * sin? Acts of 1803 and their amendment im «?' clear tbat the provisions of the 135 th and twn Mi S ing clauses of the Distillation Act. 1868 he h. exempt from paymeni of any fee imposed ov? 9 ■ Provincial Act or Ordinance: herein beins srL ?/ di.tir.guW- ed from the « wine aid iptottnSS?, ' W hn was not exempted. This agrees -with the Jt*'• o( the Sup-erne Conrt at l^unedin in Regina t.l' r ton and nuoihtr on »weal t hold also tliai f,f " m ,j or *fc of die Act of ih« Assembly wduld ovet ,S? the Licensing Act, ltd, of ihe Province of AniS? v X section 4, which eoacts that ",no person, nnw ?' ! shall bo duly licensed nn er this Aet.shsll »mi - >'■< the salrt. I'rcvince sell any alcoholic liquors fo, ami beer having h.en defined there as 'awl' T,° liquor*. The Diatillation Act Amendment Act ifillf which became law nn Ist J&nuaiy. 1873. chaneefl tv? * State of affriw. en»cii» ? that no license nnder clani, ■' ' 135 and. lfcG of th« original Distillation Act "»Sl ! exempt Hie holder tlie.eof fiom complying with ?! requirements of at.s' other Act or Ordinance forVra laiing the sale of spirlis. wine, or fermented linri™ or for ihe licsnuing of brewers, which may f or t F rime being be in force in ths Province, place, at tot trictiu which the busines? of such holder is carriX On; inconsistent or at vananoe with any Provincial license also iie.d by him ' Tais enactment snbieetS' the bretfer to the requirements of au Act or Omi nance regtsUtlng the sale of fermented liquor, which obliged him to take out » wholesale license w» cotue next to the Licensing Acs, 1873. which re-enacts in clause 6 the 4th section of the Auckland iiceniliß Act, 1871. and goes en to define the various iJadß if licenses in the tame manner, and which finally in ■ ■ section 31 incorporated itself as a "part of any eiist. ' ing or future Provincial *ct or Ordinance.1' The* brewer i 3 not liberated hereby from the necessity of ' holding a wholesale license : the obligation being in'" fact confirmed. We arrive now at the LicenslngAct > 1873, Amendaent Act, 1574, which is made part of r the 1873 Act. Wa have then as law the 1871 Actof the Province, so far as it is not repugnant to tie" 1873 and 1874 Acts; ard the 1573 Act. so far as it fc not repealed by the 18-T4 Act, and this kst Act entire' —something resumbliug thoje queer Japanese rente soiititioua of three or more iish in a circle, each swallowing the tail of its predecessor. The chnueon which the <l«f-ndant rests his case to a great extent is the 10th of this Act, the relied on part of which reads.—" Whetevoi1 by any Act or Ordinance iiwosce, in any frovir.ee it is provided that brewers' licenßej ' i may be issued, such liceii: e« may, subject to the pro;^ visions of Uie s.iid Act And this Act (that is, the Adr of lt>73 and 1874)1)3 issued in accordance with sn( ft: first-mentioned .ict or O.dimince: provided that no person havii.g t'ikeii out a brewer's license itndet any fciich Act or Oidinance as aforesaid shall bo obliged to t^ke ont a wholesale license in order'l to obUiu the benefit of such brewer's license,* Defendant s c> uosei contends that the Act, the only Act in force iv this province providing for the Issneof ''•' brewtr.*' license, U the DisiiJlation Act, 1808, and '■■£■ that as the defendaut holds a brewer's license under .r such acd ha n^ed not hold a whoiesale license in order tv obii»in ihe bei efit of it. Wherever ihrougUout the Acts of the General As-: v sembly which I have quoted, above the words "Act v orOidinancu in fotce in any province" have been-,■ UEed, they manifestly have been applied to the legls-V ■'■■■ lation of Provincial Governments, m the Distillation' Act, 1868, these are roentior.ed as "Provincial Act*' or Ordinaiice ;" in the Amendment Act, 1872, as "Act or Ordinance which intiy f'jr .he time being be in force in the province ;" in the XiV.ensing Act, 1873, as "i C t or Ordinancs of the l'rovint'iftl Council Of the Pro vince" and •'Pjovincial Act of Ordinance or any Act or Ordinance htre*ft-r passed by »ny Provincial Council;" in the Act of '874 ap " .Vets or Ordinances passudby any P.ovincll Leglsla{urt v;'' in Eec. 3, in iatter part of sec. 22, " Provisions of ihe said Act, or of any Act or Ordiuanco incorporated or read there with ;" in sec. 88, " Act or Ordinance of any provincial t legislature in force ;' iv sec. 39, however, thtfleglsla-, / ture of auy province is authorised to pass "asysneb Ordinance," the word Act beinc omitted, but in the .: : 44 occur the woids "in the said Act pr any Actor J ordinance incorporatud, lbs provincial Aots and , Ordinances having been tx^rtssly to treated or.rend therewith ;" and lastly in sec 10, Act or Ordinance in force in any province. Almost the identical term used in the Disliilation Amendment Act, The Inter-, ; ; lire°ation Act, 18ii8. uses both ict and Ordinance as applicable to Provincial laws. Tn Auckland these ate ' ~ designated as Acts in themselves, the titled "Acts and Ordinances." It m*y be that In different pro vinces different usages prevail, &nd that in some Provincial enactments may be styled "Acts," in; 1 others ' Ordinonces," and that the licensing Actsi ; 1873 and 1874 use both words £O as to idclude all sucb \ laws. The Distillation Act Amendment Act, 1872, and the Distillation Act, 1868, are to be read awl,; | construed as ote Act. The words, therefore, " any ' Act or Ordinance in force in any Province ,wed,.;: ( therein cannot apply to the Distillation Acts: to, '[ what Acts are they applicable ?" I have no doubt bu u that the expression " any Act or Ordinance hi any province," in the 18th section of the Licensing Act,"» :, 1574,.is to be construed as any " Provfncial Act or;;: Ordinance." To interpret the word "Act" here as refering to the only earlier legislation relating to brewers, I mean the Distillations Acts would be toys establish »n incongruity in this Act, as we find in ft&: ; ■ next stctiou the Distillatisn Act, 1868, expressly. [; denominated. 1 find that the defendant, holding MMg brewer's license under any such Act or Ordinance in :H forca in any province—i.e., Provincial Act or Ordin-f ance,—hss been guilty of a breach of tho Licensing. ;; ' Act,'and ruust be convicted accordinglg, ihs real> intention of the 10th section of the 1874 Act bting^' i: , that the brewtr holding a provincial brewer's license, v should tln-re uo such a thing in any province, as there ;; may be would noi. in uddition theieto, rtquire,.«. wholesale license: the 11th section enacting that whether he held a brewer's or wholesale license under- ~.,, the Ließosiug L*ws, he neveitheless must also' 6e licensed voder the Distillation Act,

The defendant was lined 403 and costs.

JUDGE WARD ON THE DEBTORS AND CREDITORS ACT, 1875.

(From the North Otago Times, March 23.) A special meeting of the District Oourfc w& held yosterday for the purpose of giving his • Honor Judge Ward an opportunity of stating his opinion upon certain points connected with the working of the Debtors and Creditors Act, 1875, and the regulations issued there-, under, as per Order of Council, of date DeJ cember 14, 1875. His Honor took his seat at 11 o'clock, and was received by a full bar. He stated that this special sitting had been held, as he understood that there were cer tain points in relation to bankruptcy pro ceediiags under the new Act on which counsel desired information, and that there was some discontent as to certain points disposed of in Chambers yesterday, not having been dis cussed in full Court, and consequently not having received sufficient publicity. His Honor, having intimated that he un derstood that Mr Filluel, as Clerkooff f the Court, wished instruction of certain points,. Mr Filluel drew his Honor's attention to; section 2S, sub-section 1, and pointed out several difficulties which here and elsewhere, a in the working of the Act, occurred. His Honor then proceeded to comment upon the Act and .Regulations, and said :-- Of the regulations under the new Act Nob. So. and 40 are the most peculiar ; and I have vainly endeavored to ascertain from the statute the doubtless admirable reasonß which ■ actuated his Excellency in Council in fuming j them, and prompted the concurrence therein of three Judges of the Supreme Court. EeM- f lation 35 runs thus :—"No person shall cc entitled to vote at such meeting unless at oc.r previous to the meeting he has proved a debt * to be due to him by the debtor of an amount net less than £10." One effect of the fore going resolution, if valid, will be to prevent a large number of debtors from ever obtaining an order of discharge at all. Under tne former Bankruptcy Act, many small estates :] q came before the Court, in which no dew proved was over £10. By this regulation all ■ such debtors are precluded from relief unaer this Act, inasmuch as their creditors, now ever willing, can vote at no meeting. xlow, ..'. therefore, this regulation can be called <! rule for carrying into effect the object <* this Act" (to quote the words of clause uu it is difficult to see. It is still more diffi cult to see under what clause power has been given to frame it. By the Act, certain ; ■ ;l] powers are conferred on all creditors, witnouu exception ; and certain rights to "liefonau debtors. The regulations may prescribe now these powers and rights can be exercised ;»u» I fail to find any clause in the statute autnor ising their total abolitioniby these rf olutwns with respect to a large class both of creditors and debtors. Begulation 40 runs tm». The number of votes to be assigned .to, a" exercised by. each creditor shall be accoru ing to the following scale :-In respect <«. J proved debt or claim— Exceeding *iwj"? not amounting to £50, 1 vote; amounting «_ £50 and not amounting to £100, 2 row , amounting to £100 and not amounting aww> . 3 votes ; amounting to £200, 4 votes, ana.* on at the rate of one additional vote W every complete sum of £100 over and «o the first £100. Provided that no cre^g shall be entitled to more than twelve votes the whole, etc. It would seemi tnat regulation has been framed expressly f tor purpose of preventing creditors or , amounts from exercising the powers contoj^,-. upon them by sub-sections 7 and Jo: * 2S It is clear that it has reference to .tWJ fc sub-sections, and is meant to decide in manner the value of a creditor s aeo*» .^ weighed in the voting scale, regulation, thirteen creditors^ to tfle » g^ , of £51 each, representing in the whole to ; would have 26 votes. Two creditors to amount of a million eaoh would only w ■ - -

THE EVENING STAR THURSDAY, APRIL,7 ,1811



THE HAY MAP.X ET. FOR SALE, on Friday next, 7th instant, at twelve O'clocli, the Favorites Hurdle linceliorßo GLAD STONE. ALFRED BUCKLAND. LOST, a Gold Pin with yellow stone, 5s reward. — Tedder, Toliaucoaiab, 42, Queen-street. TO LET, a fire-roomed House; also, six-roomed Honse ; admirable situations near town. H. PAETINGTON. C 7, Qveen-street. FOE SALE, the Lease, or to let, a five-roomed House, with o good grocery busi ness. H. PARTINGTON, 67, Queen-atreet. TjßpOli BALE, a six-roomed House, in JL perfect order ; good situa' ion. Also, 3 Cottages on one allotment. A good investment. H. PAKTINGTON. FOE SALE, a "Farm of 184 acre?, with a good six-roomed House, <£c. To be sold cheap. H. PARTINGTON. 57, Queen-street. »TIHE Offices of the Provincial Govern- L ment will be CLOSED from 12 o'clock noon 'TO-MOKROW (Wednesday), upon the occasion of the Funeral of the late Richard Annesley Eyre, Captain. Governor of the Auckland Gaol. READER WOOD, Provincial Secretary.