SHIPPING INTELLIGENCE.

ARRIVALS.

Taranald, s.s.. Anderson, from the South (in the Manukau) hristina, schooner, from Russell

DEPARTURES.

Sam Mendel, ship, for Melbourne Linda Weber, brigantine, J. McKenzie, for Xaipara

PROJECTED DEPARTURES.

For San Francisco—City of .New York, s.s. 2-tth inst. /Entrlish mail) For London— Columbus, barque, early; Oity of Auckland, shin, early For the South—Taranald. 20th. For Tacranga and the South—Son'oaa, three times a fortnight. For Valparaiso—Galatea, barque, early.

IMPORTS.

For Taranaki. from the South :— 3 bales, ](j boxes. 3 pk^s.. 3 trunks. 63 cases, ± cask?. 5 drums, 5 parcels, 30 bars steel. 18 sacks, 2 ke_'s,l7 hides, l horse, G trusses.—Henderson and Micfarlane, agents. Per Famenqth : 2 cases India kip leather, 5 packages strap shoes, li rrunks ladies" kid boots, 2 do maids and 5 do chlldrens' <!o. 3 do lasting boots 2 do house boors —.1. W. Hoare & Co. 2 eases note paper, 1 do. memorandum books, 1 do. metallic nooks, 1 do. table cnttlery, 1 do. biLiard chalk. 2 do. clock-work fienn-es under shade. J2 do. tors and dolls, I do. sundries.—M. Levy S: Co. 2 crises rrimining's, G do. floor cloth, 2 bales curie a hair, 'A cases linoleum. 1 do. hair seating, 2 do. perambulators. 2 bales carpets. 1 case window hol'ands. 1 do. curtains, 1 do. leather cloth, i do. iron bedsteads.— Wiaks & Hall. Ta.3 s.s. Tarar.a!:-. 327 tons. Captain J. Ander son. a:-riv?d at On<Vlmn£*a at 7 this morning. Lef: Duc.ed.in at 2 p.m., 12th : arrived at Akaroa at 7 a.m., 13th : left at 5.30 a.m.; arrived at Lyt telton noon same day; left at 1 a.m., 14th; arrived in Wellington at 5.30 p.m. same day: lef: at 2.'JO p.m.. 15th; arrived at Picton at 7.30 p.m. same day; lefC at I arr... 16th; arrived at Nelson 1.30 r,.m.: left at -1.30 p.m. same day; arrived a. r taranaki 10.30 a.m., 17th ; left at 5 p.m.. arriving as above. Experienced fine weather : light variable winds to Nelson, thence to arrival strons N\W. and westerly wind -with cro-= oc-a. Papsensera :—Saloon : blisses Allen, O'Keefe, White. Thomas, Mesdames Skene, Falconer. Howard. HapDner, Messrs Skene, Mendelsohn \2: Bo.ile. Tir.ne. Waller. Webster, Hall. :.larrindaii. Sullivan, Sscumbe, Everett, L'ickio: lo =:^eracre. We are indebted to C. J. Eilmiston, purser, for the foregoing report and latest Southern files. The 3.3. Durham is to be, laid ur> for a lew days at the Thames, in order to enable Messrs. Price Brothers, engineers, to overhaul her machinery. The brisjaritine Linda Weber sailed for Eaipara yesterday afternoon. Th-i schooner Mary O^ilvie is now on the gridiron, and te-day a, survey wa3 made on her bottom, for the purpose of ascertaining what repairs have boon rendered necessary by the recent stranding of the vessel at G-reymouth. Captain Phillip Jones ani Mr Bigclow were the surveyors. Their report is to the effect that th? rirnu tiraoars are 'jjone, some of the ceiling and two streaks of the upper works want re ne-,vin;,-: the k^elsen is sprung-, and some of the midship stanchions broken : the copper requires new stripping, and the vessel wili generally want overhauling1. Tenders for the job are to be called for in a fB"W days. The ship Sam Mendel sailed for Melbourne yesterday afternoon. The Galatea, barque, is in the stream, and will leave at once for Guam. The shio Famenoth completed the discharge of her gunpowder last evening, and wa3 to corns up the harbour this afternoon. Tho well-known steamer Star of the South has been sold by the \.S.P. Co.. to Mr Houghton, of Dunedin. The price and destination of the steamer have not been made public. Carmi^liael, late of the ketch Pearl, has been appointed to the command of the new schooner. Louisianna, built by Messrs Xiccolfor Fiii. The 5.3. Rovrena arrived at noon to-day from Tauranera and Mercury Bay. A schooner lias been signalled all the after noon. It is not unlikely to be the Wave of Life.

CHIEF POST-OFFICE. AUCKLAND.

Matls will Close a^ Under : For Thames, this day, at 5.39 p.m.; and to- Eiorrovr, at 10.30 a.m. and 5.30 p.m. For Coroaiandel, per Arjtyle, to-morrow, at 2.30 p.m. For Whitianga. Tauranga, and Opotiki, per Urcowena, to-morrow, at i p.m. For Taranaki and Southern Provinces, per Taranaki. on Saturday, 20th just., at 12.15 t>.m. For Australian Colonies, per iiotorua, on Tues day. 23rd in St., at 11 a.m. Fo:- Samoa, per Bertha, on Monday next, at For Port Fitzroy, per Water Lily, this day, at Per 5.3. City of Xc" r York, on Wednesday, 2Gth instant, as u^der: — For Sandwich Islands. United Stato3 of A'nerico., Canada. British Columbia. Central and South America, and British and Foreign "VVftst Indies, at 11 a.m. For United Kingdom, and Continent of Europe, at 11 a.m. ' For raonc" orders, registered, letters, and newspapers, 'at 9.30 a.m. Late letters, hearing an extra fee of 6d, in addition to th". postage, will be received by the mail asent on board the steamer up to the time of sailing. H. B. BTSS. Chef Postmaster.

MARRIAGE.

PARKER-A.TKIN-.-On the 17th October, at Trinity Church. D^vonport, by the Right Rev. the Lord Bishop of Auckland, assisted by tho Rev. J. Bates, Ernest John Parker, master of the ship Lanfjsrone. to Mary Eleanor, 3econd daughter of William Atkin, Esq., of Devon port, Auckland.

WHITE—CLEMOW.—On the 13th October, at the residence of the bride's father, The Pines, Richmond, by the Rev. W. Kirk. James Mor ley, eldest son of James White. Totton, Hants, to' Emily Jane, second daughter of William Clemow, late of St. Corumb, Cornwall.

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

THURSDAY. OCTOBER 18, 1877.

Po* the cause that Iscks assireuiet, Fc. t:.« f«i-L:c in thr d;sri:v.;t-, /Old thr. ci.-ri •'■•-.'. ■■"- «'-- ••"->

The sentence of Mr James Mackay to seven days' imprisonment for the assault on Mr Hislop has been the general topic of conver sation last night and to-day. We notice from our Wellington telegrams that a good deal of sympathy is felt for Mr Mackay, and our morning contemporary expresses similar sentiments. Such opinions can only rest upon the anomalous state of the law with re ference to the relative gravity of offences against the person and against property. If Mr Mackay had stolen a pound from Mr Hislop nothing would have saved him from universal reprobation and pro tracted employment in Her Majesty's reformatory grounds. Yet we doubt not that Mr Hislop would have preferred the loss of £50, rather than submit to the personal indignity which he suffered at the hands of Mr Mackay. There is a disposi tion to treat assaults with too much levity, yet no class of crime causes greater distress, mental and physical, to the sufferer, or is more calculated to break that peace and good order which is supposed to be the acme of criminal legislation. When we come to analyse the inspiring motives for such offences, we find, that, except when done in the sudden heat of passion or under very great provocation, there is a large element of braggadocio and bravado, and not unfrequeutiy the spirit of the bully and coward. What does; a

man really calculate before lie deter mines upon assaulting another? Is it not that his antagonist is either physically weaker or less prepared for the encounter, and, therefore, that the assailant considers himself secure of a victory ': Would Mr Mackay, for example, have thought of horsewhipping Jem Mace, how ever slightingly the iisti-cufi' champion might have spoken of him? Assuredly not, for the very excellent reason—and for no other—that Jem would be: prepared to pay him back in his own coin with interest. As Mr Stout very justly observed, if every person who /eels himself aggrieved is entitled to take the law into his own hands, and commit en assault in the public streets, men who are physically weak will have to take to bowif knives and revolvers. This has actually been the result of unre strained personal violence in lawless com munities, and is the simple and natural out come where deliberately-planned acts of ruffianism are lightly punished. We main tain that the sentences usually inflicted by magistrates for offences of this character have been ridiculously insufficient to prevent recurrence or to punish the offenders, and becanse this lias been the rule, there may, perhaps, be some reason for the assertion that Mr Mackay has bee.i treated with exceptional severity. We are dis posed to think, however, that if a man of less standing, with fewer influential friends—some labourer, say -had as saulted a member of parliament for a matter connected with the business of the House, his sentence would have been some thing heavier than seven days' imprison ment without hard labour, and no

largely-signed petitions would have been forthcoming to get him out. We have no sympathy whatever with these class differ ences in the administration of the law, and much as we regret that Mr Mackay, or anyone holding an equally prominent and responsible position, should have so committed himself, we believe the Magis trates in Wellington simply did their duty and did it in a way that " leaned to mercy's side."

MessrsTopham andAngus,the contractors for the extension of the Auckland and Waikato railway to Hamilton and Ohaupo, are now ready to start work, and we are likely to hear of their doing so in a few days. The contract is to bo completed as follows: The Hamilton section in four months', and the Ohaupo section in seven months. The contractors have expressed their intention of getting their work done beforehand if possible, so that we shall soon have a very important addition to our rail way system in the North Island.

In the paragraph yesterday referring to to the marriage of Captain' Ernest John Parker and Miss Mary Eleanor Atkin, we were incorrect when we stated that the Rev R. S. Hassard assisted the Lord Bishop at the ceremony. It should have been " assisted fey the Rev J. Bates."

The Auckland Engineer Volunteers will hold their annual concert and ball this even ing, in the Choral Hall, commencing at 8 o'clock, under the patronage of the Mayor, and the officers of the volunteer companies. The Volunteers will appear in full uniform. We direct special attention to the elaborate and promising programme on our first page. The ball will open immediately after the concert.

A correspondent writes to know how often the troopship Himalaya has been in this port. We only know of one visit which that vessel has paid to Auckland, namely in 18G3.

We are requested to remind ratepayers of the Grafton Road district who have not paid their rates for the present year that they are liable to be proceeded against for the recovery of the amounts due without further notice.

At a general meeting of creditors of Samson Place, of Abercrombie-street, held this day at 10 o'clock, it was unanimously resolved that the bankrupt receive his dis charge.

. We understand that Dr. Blunden, who arrived here by the City ofJiAuckland, in tends to settle in Auckland as a physician and surgeon. In our issue of yesterday it was stated that the tenders for tho erection of a new school-house at Howick closed to-day. This -was a mistake. The tenders are to be sent in to the Secretary of the Board of Education by Thursday next, the 25th iiist. On October 25th there -will be a cattle show at Cambridge. On the day previous, therefore, October 24th,- a railway ticket taken for Newcastle (the nearest point for Cambridge) -will be issued at single faro, and be available for a week to return, viz., until October 31st. This only alludes to tickets taken on the 24th, by the ordinary trains leaving Auckland at 7 a.m. and i.45 p.m. respectively. For the Auckland show on November 9th the same conditions will prevail, only for it, the excursion ticket is on November Sth from all stations south of Mercer to Auckland, by trains leaving Newcastle at 6 a.m. and 1.30 p.m. The prizes to be contended for at the ap proaching athletic meeting of the Amateur Athletic Club at Ellerslie Gardens on the 17th November, are now on view at Mr Alexander's window in Queen-street. They are of very imposing appearance, and con sist of articles which, besides being showy and valuaole, are of a useful character. During _ the day, large numbers of per sons, including of course, many who intend going in for the sports, were inspect ing the trophies, and general opinion was that the Committee had evinced good taste in their selection. The competitions for the possession of these beautiful articles are likely to be very keen. It has been de cided to abandon the projected hare and hounds run next Saturday, as so many of the members are otherwise engaged on that day,

Mr Swanson has, we learn, telegraphed to Mr Goldie, stating that he will' give the same prize as last year for the best kept working man's garden, where the vege tables are grown for home consumption. Mr Swanson, however, intimates a desire that the judges shall be changed. It is, we understand, proposed that the competitors shall elect their own judges, so as to prevent any discontent.

CABLEGRAMS.

HIDEOUS SCENES IN BRIS BANE PARLIAMENT. Election Excitement in Hew South Wales. [from on: own correspondent], SYDNEY. This day. The Brisbane Parliament had a sitting of thirty-font1 hours over the railway loan for new lines. Hideous scenes occurred. The question was left unconcluded. There is great excitement over the elections in ]$e\Y South Wales. Every seat in the colony is to be contested.

WAR CABLEGRAMS.

(SPECIAL TO THE STAR.) A Priae9ss Hsile& as a Sussian Spy. Indian Loan' to Turkey* The mobilization of 180,000 men of the Landwehr in Russia is meeting with great difficulties. The peasants are evading en rolment, and mobilization of reserves and Landwehr is being carried out in Poland with merciless rigour. Nevertheless, numbers of men liable to service manage to escape in Galicia, and even many reserves actually enrolled effect their escape across the Austrian border. It would be useless for them to escape into Prussia, because there is a convention in force between Russia and Prussia making desertion liable to extradition. Agitation has commenced in f-Jalicia for the formation of a Polish kingdom. The inhabitants of the Caucasus are leaving for Asia Minor. A million are said to have taken their departure. Russian attempts to interfere with them have failed. A conspiracy was discovered in Hungary on October Ist to invade Jtoumania, destroy the railways and bridges, and harass the Russian rear. A large quantity of arms and ammunition was .seized on the frontier, and numerous arrests made. Midhat Pasha, Herr Helfcz, and an English member of Parliament, are implicated. General Klapta disavows any complicity with the proceedings. A Pole betrayed the plot to the Russian Ambassador in Vienna. The Turkish landing opposite Silistria was carried out successfully. Princess Aristarchi is exiled from Constantinople as a Russian spy. It is alleged that papers were found at her house indicating a conspracy on the part of resident Bulgarians to set lire to the city. Indian bankers contemplate lending Turkey 20,000,000 nupees on the guarantee of Indian Mohammedans. A telegram from St. Pctersburgh announces great despondency there. The grand processian of trophies captured at Nicopolis was devised with a view to exciting enthusiasm.

PARLIAMENTARY.

(FROM OUR SPECIAL REPORTER.) WELLINGTON, this day. Colonel Whitmore Joins the Ministry. Col. WMtmore yesterday itfternoon withdrew his refusal to join the Ministry, and will be sworn in to-day. THE GREAT NORTH ROAD. Mr Tole asked the Minister of Public Works what course the Government intended to pursue with regard to the following petitions referred to them for favourable consideration :—(1) Petition of residents in the vicinity of New North and Cabbage Tree Swamp Roads, relative to the establishment of a railway station on the Auckland and Kaipara line, near the junction of these roads ; (2) petition of residents in the district of Eden with reference to the drainage of the lagoon near Mount Eden. Mr Larnach, Minister of Public Works, in reply said that the Government intend to give these matters further consideration, with a view of carrying out the recom mendation of the committee. MOUNT EDEN TOLL DISPUTE. With reference to the disputes about the Mount Eden toll-gate, he had addressed a communication to the Colonial Secretary on the subject, with a view to the settlement till next session of complications in reference to the maintenance of the main roads con cerned by the collection of toll fees. MR LUSK'S CASE. There "was considerable discussion in the House yesterday over Mr Lusk's case. Mr Swanson made a capital speech on Mr Rol leston's proposal to fine Mr Lusk £50, and hand the money to the Assembly Library. He considered the money ought to go back to the ratepayers, and would look equally well in the form of road metal as in litera ture. Referring to a lawyer's ignorance of the rules of of the House, he gave an instance of a petition prepared by an eminent legal firm in Auckland, which, on examination by Mr Peter Dignan, and comparison with the rules, was found to be informal, and a new one had to be prepared. Mr Fox's motion was to the effect tha Mr Lusk be fined £50, to be restored to the Auckland Corporation. Mr Rollestou

had moved as an amendment that the money be applied to the Assembly library, and Mr J. S. Macfarlane proposed that the seat of tho members for Franklyn be declared vacant. In the House at 7.30 Mr Sheehan asked that the amendments in Mr Link's case be withdrawn; and that the House agree to Mr Fox's original resolution. No doubt Mr Lusk's conduct was contrary to law, but tho amendments -would not deal with the case in the proper way. Dr Hodgkinson considered there was no evidence that Mr Lusk drafted bills ns a member' of the House. He had no connec tion with the preparation of the bill. He probably signed the receipt without having read it carefully. He considered the report not strictly just to Mr Lusk. If necessary, the House should take steps to prevent puch action in future. Mr Lusk's mistake arose from ignorance of the rules of parliament. The Speaker said he had ruled that a member of the House might draft a bill, but could not consciously voto for such bill in the House. Mr Macandrew withdrew his amend ment. Mr Dignan said the arrangement between Mr Lusk and the Mayor of Auckland took place before Mr Lusk took his seat aa member of the House. He could not vote for an amendment. PORTRAITS OF MEMBERS. Bigglesworth and Binns, photographers, have made photographic medallion portraits of the members and chief officers of the House for the years 1576. 77, all skilfully grouped, and printed on a card measuring about 24 ins. by 14. The likenesses are tastefully and judiciously arrayed, the central figure being " the Speaker," round whom are gathered the members of tho, Atkinson Ministry. The Vogel 1877 members donot supersede their predecessors of 1876 where any changes have been made, but are given in addition only in smaller medallions. Mr DeLatour defended Mr Lusk. lie deprecated the debate degenerating into a social kettle-drum. The House divided on amendment, that Mr Lusk be adjudged guilty of contempt, and be fined £50. During the division Mr Tawiti sat at the back, and seemed in doubt "which way to vote. Mr Wasou endeavoured to beguile him, but Mr Bunny indicated with his linger the noes lobby, and thither Mr Tawiti walked. Ayes, 34 ; Noes, 30. Ayes : Atkinson, Bowon, Bryce, Burns, Cox, Curtis, Fitzroy, Fox, Gibbs, Gisborne, Harper, Huntor.Johnstou, Kelly, Lumsden, McLean, Moorhouse, Murray - Aynsley, Ormond, Reid, Reynolds, Richardson, Richmond (teller), Rolleston (teller), Rowe, Russell, Stafford, Stevens, Sutton, Tesche maker, Wallis, Wasou, Whitaker, and Woolcock. Noes : Baigent, Ballancc, BarfF, J. G. Brovrn, Binney, Button, DeLatour (teller), Dignan, Douglas, Fisher, Hamlin, Hislop, Hodgkinson, Mactuidrew, Montgomery, Naliu, O'Korke, llccs, Seaton, Shrimski, Stout, Sw.'inson, Takamoana, Tawiti, Thomson (teller, Tole, Travers, and W. Wood. Mr Stont said he had seen party ppite— (Cries of order.) The Speaker ruled Mr Stout out of order. Mr Stout insisted on completing his sentence. He had seen party spirit dictat ing many votes in the House. Where Parliament wasacting in a judicial character and voted in a party spirit it sank the dig nity of Parliament far more than the member for Franklin had done. Ho warned the House that such conduct would be con demned l>y the public.

Mr Colleston indignantly denied that he acted in a party spirit.

Mr Fox argued that the House only vindicated itself by the vote given. The Corporation of Auckland had the benefit of Mr Lusk's work. Why should money be returned them ? Mr Gisbome pointed out that Sir George walked into the lobby rather than vote 011a division. Mr Itees denied the report that the committee supported the resolution just passed. Mr Moorhouse said Mr Stout had for gotten he was legislator, and thought lie was addressing a common jury. The duty devolved upon the House to clear itself of such influence as shewn in Mr Lusk's case. [Mr Stunt : Murimotu]. —Mr Moorehousc said he would be ready to roll the whole story regarding Murimotu when the time came. Mr Sheehan said this was not a party question. One of the oldest members of the House went into 1110 lobby and boasted that tho Government were beaten by four. If this had been a party question, the Government would take care not to have twenty-three members iibsent as in the present division, which shewed that several Government supporters voted with the ayes. Mr Button proposed that the fine bo re duced to one guinea. Mr Traver.s made a strong appeal, arguing that Mr Lusk committed the oJFcncc inad vertently. Mr Macandrew considered the division on the result shewed viudictiveness. The House divided on the question that the resolution as amended be agreed to. Ayes. '.VA ; noes, 2\). Ayes : Messrs Atkinson, Bowon, Burns, Bryce, Cox, Curtis, Fitzroy, Fox, Gibbs, Gisbome, Harper, Hunter, Johnston, Lumsden, McLean, Moorhouse. Mur ray-Aynsley, Ormond, Reid, Reynolds, Richardson, Richmond, Rollest-on, Howe, Russell, Stafford, Stevens, Sutton, Tesche maker, Wallis, Wason, Whitaker, Wool cock.

Noes: Baigent, Ballnnce, Barf!', Bast ings, J. C. Brown, Bunny, Carrington, Dc.Latour, Dignan, Fisher, Hamlin, Ilislop, Hodgklnson, Larnach, Macandrew, Mont gomery, Nahe, O'Korkc, Kees, Seaton, Sheehan, Shrimski, Stout, Swanson, Takainoana, Tawhiti, Thomson, Tole, and W..Wood. Several purely Otago bills were advanced a stage. The Auckland Harbour Bill was amendedpn as to protect the right? of the Gas Company. The Bill was passed. The House adjourned at 1.30. PUBLIC FEELING. Public feeling strongly argues against the justices who sentenced Mr Mackay. The general opinion is that the term of im prisonment should have been only a few hours. Some injudicious friends of Mr Mackay attribute the sentence to the political bias of the justices, who for a long time past have only visited minor assaults with fine. A Committee of six met last night, divided tho town into six parts, and appointed canvassers. These are working energetically to-day obtaining signatures to petitions to the Governor praying Mr Mackay's immediate release. The petitions will bo presented this afternoon. The "Times" to-day attacks the justices, and the " Post " to-night will contain a severe article in the same strain. Mr. Whitaker Not Disqualified. In the House to-day Mr Rees brought up the report on Mr Whitaker's case. It was to the effect that he was not disqualified. IMPREST SUPPLY. Mr Larnach brought down an Imprest Supply Bill for £'250,000. He said the Go vernment would bring down the financial statement on Monday or Tuesday next. Major Atkinson objected, and moved that it be reduced to £100,000. Mr Stout pointed out that the late Government passed fair Imprest Supply Bills. Major Atkinson said the Opposition would not offer facetious opposition like the late party.

MOANATAIRI G.M.C.

The following telegram from the Mine Manager was received to-day : —" Tunnel reef one foot thick, Stove looking well, loOlbs specimens from stope east No. 1 winze. —R. Comer."

COLONEL WHITMORE SWORN

The Hon. Colonel Whitmore was sworn in to-day. He will lead in the Upper House.

RESIDENT MAGISTRATE'S COURT. —This Day.

(Before R. C. Barstow Esq.. R.M.) JUDGMENTS FOR PLAINTIFFS. T. and H. Cooko v. M. Reed, claim. £20 2s 7d, goods; costs, £3 9s (Mr Thorne tor plaintiff, Mr rtesketh for defendant; confessed judgment). Robert F. Webster v. Isaac J. Taylor, claim £5, saddlery; oost-s, £1 6s 6d (Mr Thorne for plaintifr). M. Murchie v. James Xapper, claim £5 15s, suit of clothes ; costs, £2 Is (Mr George for plaintiff). Thotras Shove v. M. Konnnec, claim £3 12s lid. bntchers's meit - costs, £1 is 6d (Mr Alexander fov plaintiff). Mayor of Auckland v. Alfred Smart, claim £21 17s 6d, rates (Mr Devore for plaintiff); £15 paid in, judgment for balance. £G 17s (3d, with costs. ADJOURNED CASES. Auckland Harbour Board v. C. T. Harding, claim £30, rent; Mayor of Auckland v. Christopher Greenvray, claim £21 17s 6d, rates; T. W. Marsh v. J;*s. H. Grattan; claim £22 17s Cd; Cruickshank and Co. v. lJenis Wright, claim £15 2s 3d. DEKEXDED. Fred Ellis/lon y. John Shaw.—Claim, £1 10s. Defendant in this case said ho would confess, but it wtis a very hard case. Nearly four years' ago he lodged with plaintiff, and'plaintiff left the colony, as he thought, for ever. He then got married and was the father ot two children, a cihld and a baby. (Laughter^ Yes, the baby was very tiresome :no laughing matter. He was now out of work, and, to his surprise, a few weeks ago, complainant suddenly made his ap pearance. He thought he was an apparition until he asked him for his 30s. Plaintiff said defendant was working for Cap tain Casey, and could pay if he liked. Defendant: I can't; lam married and hove a child and baby. Plaintiff: And I've got four children and a baby, and want my money. Here a violent discussion took place between the parties, which was stopped by his Worship giving judgment for plaintiff; costs li 3. GeorKe llulme v. A. Dornwell.—Claim £26105. Mr Tyler for plaintiff and Mr Hesketh for defendant. This claim was for alleged breach of agreement in connection with a shop in Queen-street, made on or about the 25th Sep tember, 187(5. Mr llulme deposed that lie v.-as partly induced to lake Messenger's shop by Mr Dornwell, who promised IDs a week to him in the presence of Mr Hcllaby, as Mr Dornwell considered that the shop would bring the trade into that part of the town. The 10s wai promised towards the rent on his consenting to open tho shop in the butchering line. —His Worship: Then the agreement was made beforo the appearance of the original adver tisements in the STAK?—Plaintiff: it was, your Worship (laughter).—Wm. Hellaby, butcher, of Shortland-street, was present at the time of the conversation, but could not speak clearly as to what was said. —Robert Farroll, lately in the service of Mr Hulnio, deposed to being sent to Mr Dornwell for the money. On presenting the bill Mr Dornwell said he knew nothing about the claim—Mr Dornwell denied the claim. — Counsel having addressed the Court, plaintiff's counsel' accepted a'nousuit. Costo, £3 Bs. '

CITY EAST SCHOOL.

THE BEATING OF THE BOY HUGH

FORREST. An* investigation into the flogging of a boy, named Hugh Forrest, by Mr Nicholson, Assis tant Teacher of City East School No. I, was commenced last night in the lower room of the Young Men's Christian Association, before the School Committee. Present : Messrs Burns (Chairman), Clarkson, Steadman, Lincoln, and Gray. The attention of the Committee was called more particularly to the case in consequence of the boys making a demonstra tion against the teacher in the street, which was referred to in a letter published in the Star. Mr Clarkson acted as Secretary. Before taking the boy's statement, the other witnesses were asked to leave the room ; but to this course Mr Nicholson strongly objected, urging that he ought to be present, as the case affected him, and he stool, as it were, in the position of defendant. The chairman considered that it was best to hear the boy's evidence in the absence of the teacher, and Mr Nicholson withdrew. Mr Worthington expressed his astonishment at not being permitted to hear the statement of the boy, and went away apparently in an ill-humor. Hugh Forest deposed that he remembered the 26th day of September. Mr Worthington, the head master, was taken ill in the afternoon, and went home; Mr Nicholson was left in charge. He was severely flogged with a cane for stamping with his feet on the floor ; he did not stamp ; the stamping was made by other boys. As was generally the case when Mr Worthington was away, which was very seldom, he was wrongly charged ; cod 1 not tell why he was picked ; the boys near him were making the noise. Mr. Nicholson asked the boys to be quiet, not witness personally, but they would not desist. The stamping, after a pir.se was re peated. Mr Nicholson was teaching the first class in which he was a scholar, lie was flogged with the usual school cane, Mr Nicholson stood on the platform, leaned over the desk, and flogged him or. the back, and once across the ear. In chastising the boys, the master usually calls them out. lie felt much pain for some time. Had he made the noise he should have considered ihe punishment well deserved.—By Mr Steadman : Mis., Stead man asked him if he intended to tell his father, and walked with him as far as the Northern Club. She said if he did not tell, she would tell her father ; she did not threaten to take him to Mr Steadman. No other teachers heard the conversation. By the Chairman : lie did not join in the hooting that evening, but went home over Barrack Hill. Mr Forest, sen., here state! that he knew nothing of the beating until the following day, as the boy was always very reluctant in speaking about the school generally. He examined his son, and found marks from his shoulder down to his hips. Still the boy objected to make a full statement. Mr Nicholson stated that on Wednesday afternoon, the 26th September, Mr Worthing ton was taken suddenly ill, and he was left in chrage. The boys in Section I Class were noted for their bad behaviour whenever they had the slightest chance, and they evinced their disposition on that occasion by stamping, and one threw a stone at the black board. He was teaching the first class, but had super vision over the whole school. Had never known Mr Worthington to be away but on that and a previous occasion, through illness. He desired the boys to be quiet. They ceased for a time ; but, as soon as his face was turned in another direction, the disturbance was con tinued. Saw distinctly Holmes and Forest stamping. Holmes desisted, but Forest went on and bid him defiance. lie could not see their feet from where he was standing, but saw the thighs of the two boys in motion, from which he drew his conclusions. He gave Forest rather a severe caning, believing him to be the offender, and|as an example to the rest of the school. The boy was beaten in his desk, owing to the crowded state of the school. (Mr Nicholson produced the cane, a small ordinary one, which the boy acknowledged was the cane which tickled him.) Witness : There were other boys who richly deserved a caning, but he could not catch them. He had often spoken to the boys about their bad conduct in school, but without good effect. He had kept them in after school-hours in consequence, particularly on the 14th Sept. ; when, on being dismissed, they created a row under the school. He believed that Forest deserved what he had got. Did not remember making any particular remark to Miss Stead man about the flogging ; if she had interfered he should have told her to mind her own '. business; she was occupied in his portion of the school. He did not say to her that he would give the boy a thrashing. On leaving school he went down Shortland - street, but did not pay attention to the boys, out-side the school, as his authority did not I extend beyond the building. To Mr Forest, sen.: The boys might have hooted, but he did not accept their hootings as an insult to him on account of an injustice to a boy ; he was not aware that he was un ■ popular in the school. To young Forest : He was on the platform when the boys were stamping. He said that he must hit the big boy hard, but did not re- j member saying that he would raise the white ] flesh. To Mr. Nicholson : There was a stone thrown at the black-board. To Mr. Clarkson : he had previously tried mild measures with the boys, until it was high time, considering the j state of the school, that severe means were taken to preserve discipline. It takes time for a new hand to become thoroughly master of a school. Mr Worthington was next asked for, and when it was found that he had gone, his action was rather severely condemned by the Com mittee.

Miss Steadman, probationary teacher, was next examined. Saw the flogging, which she thought was unnecessarily severe; she said at the time that Forest had been unjustly punished and that it was a disgrace to die school. Mr. Nicholson made no answer. She asked the boy outside if he was hurt, and what his father would say about it, but did not say she would take him to her father, who was one of the school commiitee. At the teacher's class in the evening, Mr. Worthington told her that it was a great piece of impeitinenceon her part to nterfere; it was upsetting the authority of the school, but no questions were asked. Mr Worhington told her that he should report the matter to ilie Inspector of Schools, n.nd she must be suspended until an enquiry was made. M Nicholson addressed her first as she passed towards the table, and said, " Did'nt I sting the boy,'' which caused her to make the reply. " She told Mr Worthington that she was extremely sorry for having interfered and spoken to the boy. Miss Dunning was also examined. She heard the noise, but was in the middle part of the school, and very busy at the time, as there was an extra pressure on the teachers when the head master left the school, of which the boys immediately took advantage. She did not, therefore, take so much notice of the flogging among the teachers. To Mr Stead man : She did not hear a boy in her class cry out, " Let him alone, you brute." She might have said to a boy in her class " Sit down, sir. or you will get it too." Mr. Worthington asked her about the matter, and possibly she did say that Miss Steadman appeared to sympathise with the boy, but her recollection was not clear npon the point. To Mr. Gray : She 'thought that Mr. Nicholson would have been justified in what he did if he had got the real offender.

Mr. Steadman complained of the absence o: Miss Burnett, whose evidence was most impor tant, and considered that unfair means had been used to keep her out of the way.

As the presence of Mr. Worthington and Miss Burnett were considered necessary, the enquiry was adjourned until Monday eveuing next, at eight o'clock.

The Charge Against Mr James Mackay.

Sentenced to Seven Days' Im-

prisonment.

WELLINGTON, this day. MR Stout opened the case, stating that Mr Mackay nad ignored the law. If ho had any grievance against Mr Hislop he should have sought legal redress ; instead of that he committed an assault in a public place. His conduct was unworthy of a justice of the peace. He would ask the Bench not merely to inflict a fine, but. imprisonment. If Mr'Hislop elected to sue in the Supreme Court he would get substantial damages. He would adduce witnesses to prove the assault. If the defendant endeavoured to shew justification he would be prepared to contradict it. The Honourable Mr Fisher deposed that he had heard that defendant was a magis trate. He was in company with Mr Hislop when defendant approached as if to speak. He heard him say in loud tones " I demand an apology." Mr Hislop replied: "This is no place for such discussion." Defen dant replied " I will horsewhip you. Put up your hands." I believe he struck com plainant with the whip. At all events he went very close to him. Mr Hislop closed up, and a scuffle ensued, the whip being broken. Mr Hislop got Mr Mackay j jammed against the shutters. He .shewed ; great forbearance in not punching Mr [ Mackay's head. He could have done so. To the Bench : The time was between three and four o'clock. After the scuffle Mr Mackay walked a short distance, and said " I have horsewhipped you. You are a d d scoundrel." Someone said " You had better go home." Dr Buller cross-examined c.i great length, but failed to shake Mr Fisher's evidence. MR HISLOP'S EVIDENCE. Mr T. W. Hislop, M.H.R., deposed he was a solicitor of the Supreme Court. Ho saw Mr Mackay on the 11th. Witness was in company with Messrs Sutton and Pyke near the * corner of Parliamentary Buildings. Mr Mackay came up and asked witness" if ho had told anyone he (Mr Mackay) had made a member of the House drunk/ Witness replied he had heard it stated that Mr Mackay had beenseen drink ing in an hotel with the member on the day of the division on the no-confidence motion. Mr Mackay demanded witness's informant. Witness replied lie could not tell without the authority of the informant. Mr Mackay said the rumour was entirely unfounded. He would probe it to the bottom. _ Witness, said, "I will sen if I can get the name, j and may see you to-morrow. Witness re- | ceived a letter on the morning of the 13th j from Mr Mackay, demanding an apology. He sent a reply the same day. A mem ber of the House told witness Mr Mackay was using threats. Witness then described the assault. MrMackay demandedthenar.ie of his informant. On"witness refusing, Mr Mackay demanded an apology, which was refused". Mr Mackay said, "put up your hands." Mr Hislop : "I will do as I please with my hands. I advise you not to do anything you may repent." Mr Mackay : " I will horsewhip you." He raised the whip, and Mr Hislop closed with him. The force of the blow was expended. He seized Mr Mackay with the left hand by the chest, aud jammed him against the shutters. He seized Mr Mackay by the throat. Mr Mac .kay seia*d the whip with both hands. Witness broke the whip once, aud after wards, in the struggle, in several places. Witness theu said : " Is that all you want?" and Mr Mackay answered : " That's all I want." Mr Mackay walked two or three paces, and then said : " I have horsewhipped you, and I am going." Mr Hislop was cross-examined at length by Mr Buller. He did not know that Mr Mackay was a magistrate. Mr Buller : "Perhaps Mr Mackay did not know you were a M.H.R. Mr Stout : Why he addressed liim as such in his letter. Mi- Stout put in a co]3y of the " Times" which contained a quotation from Mr Mackay's letter not supplied by Mr Hislop. It also said it was evident that Mr Hislop would be horsewhipped ; shew ing Mr Mackay's premeditation, he having supplied the quotation to the "Times." The case was adjourned at one, for half-an hour. Mr Fisher during examination j was asked if he knew Mr Mackay. His cutting reply was "No, but I had heard that he was a magistrate and a gentleman." i Eight M.H.R.'s were present in Court. MR MACKY'S EVIDENCE.

Mr Buller for the defence, called Mr Mackay, who, in evidence, described him self as a land agent and magistrate since 1856. He saw Mr Hislop, and asked, "Is it true you have stated I made Mr Joyce drunk on the day the want of confidence vote was taken ?" Hislop replied, "Yes; but I heard it from another person." I said " I must have an apology, or be furnished with the name of your infor mant." He said "I do not know that I can give the name of my informant." I said "You will have to do so. He seemed to treat me in a cavalier manner. He walked away some little distance, and then came back and said, " Perhaps I may tell you to-morrow." I said "By George, you will have to tell me to-morrow." Witness wrote a letter, already put in. I was asked by a reporter on the morning of the 12th if I made Mr Joyce drunk. I boiight a new whip on the beach on the way to the Princess Hotel, when I went to laok for Mr Hislop. On my way back, near St. George's Hall, I met Mr Hislop with Mr Fisher. I walked up to Air Hislop, and told him I had received his letter, and demanded an apology. Mr Hislop denied making certain statements. I eaid he did. He said again he did not. I said he would have to apologise. I reiterated the demand severul times. He refused. I said, "You must either apologise or put up your hands. I will horsewhip you." He still declined, and said he would do as he liked with hi hands. I then struck him with the horsewhip, and said, "Now will yon apologise f He would not. I gave him

some more cuts with the horsewhip I passed to the right to one side.. Mr Fisher said, " Why don't you tnke the whip from that fellow ?" Mr Hislop rushed to seize the whip. I put my left hand out He got hold of the whip, and twisted mv ringer. We scuffled for the whip. (Witness described the scuffle). Afterwards Mr Hislop said, " You kill hear more of this." I said, " You are an unmitigated liar and scoundrel, and I have hoosewhipped you," Mr Nation aud Mr Halse of Auckland were present.

Cross-examined by Mr Stout: There is not the slightest foundation for the rumour that I made Mr Joyce drunk. I tried to take care of him, and advised him to go home. I went into the Melbourne Hotel on the morning of the eighth, and asked Mr Joyce to drink. The barmaid said she had been ordered not to serve him. 1 then tried to take him to the- Occidental Hotel. 1 knew as a Magistrate it is my dntv to keep the peace. Witness admitted he went to the "Ifew Zealand Times" office, and instructed a reporter named Gannon,' as to the paragraph about the locking up ca«e and gave him a quotation from a letter written to Mr Hislop. Mr Stout : "Do you take any interest in politics Mr Mackay. Mr Mackay : I am not a Greyite. Mr Stout : Have you ever been opposed to Sir George Grey ': Answer : I do not believe in all his politics. Mr Stout: Did you not petition agains his return ? Mr Maekay :. Certainly I did. Mr Stout : Yourself being a candidate? Mr Mackay : 1 was a candidate. Mr Stout : Have you been agent fo Sir Wliitaker in land transactions'? Mr Mackay: No. Mr Stout : Have you been agent for M Thomas Russell ? Mr Mackay : Yes, in numerous land transactions. Mr Mackay : Are you not still agent fo him '■ Mr Mackay : Yes. Mr Stout : Have you been agent for Mr Whitaker ? Mr Mackay: Not lately. He and I were going m for a block of land dnring the last .six months. Mr Stout : Mr WMtaker is Mr Russell's partner is ho not ? Mr Mackay : Yes ; but in hundreds of matters such as mining speculations, they a:e not partners. Mr Stont : Are your politics not pro nounced on one side. Mr Mackay : Yes, in some things, but I do not agree with the late Government oa the Land Bill, i had one glass of gin with Ivlr Joyce in the Melbourne HoteL Ido . not recollect any more. A German came in and called for drinks for himself and me. The barmaid served two very small glasses :of gin. To the best of my belief the German drank both. I afterwards saw Dr Henry, M.H.P., at the Provincial Hotel, and told Ivlr Morris where Mr Joyce was. He told Henry. I knew Mr Morris was Government whip. This was about two o'clock, i. knew the division on the no-con fidence motion was going on., I told Mr Mor ris Mr Joyce was at the Melbourne. My im pression was that Mr Joyc" intended to vote for the Government. I Avent in the cab with Dr Henry to shew him where Mr Joyce was. I inquired for Mr Joyce at the Melbourne Hotel. He was found asleep on the sofa in a little parlor. Dr Henry went up into Kogan's room. Dr Henry got a glass 'of beer for Mr Joyce. Dr Henry asked me to call a cab. I got one. Dr Heury and Mr Joyce went away in it. Mr Stout : "Have you ever given way to drink ? Mr Mackay : I take a glass of beer the same as other jeople. I never get intoxi cated, but know what lam doing. I did not say 1 had licked Fisher and Hislop. I have had .shindies with natives. Some things 1 cannot put up with : that is having my word doubted. Sir Robert Douglas was called for the defence, but had to stand down on a technical objection by Mr Joyce. BILLY ROWE ON THE STUMP. William Rowe, M.H.R., was ex amined. He said : About the tenth or eleventh he was with Mr Hisolp, who said Mr Mackay made Mr Joyce drunk to get his vote for the Govern ment. Two or three day's later witness met Mr Mackay, and told him what Mr Hislop had said. Cross-examined : Did not say I wonder why I had been summoned, as I had had no coversation about it. I never had business transactions with 2>lr Mackay. MR HAMLIN FLATLY CONTRADICTS MR ROWE'S EVIDENCE. Mr Hamlin, M.H.R., deposed that Mr Rowe had denied to him and Mr Browne, M.H.R , that he ever had any conversation with Mr Mackay respecting the statements made by Mr Hislop. Mr Hislop (recalled) stated that Mr Rowe, in conversation with him, said he could not understand why lie was subpeened, as he never had any conversation with Mr Mackay on the matter. Cross-examined by Mr Buller : I said to Mr Rowe it was hard if two members of the House could not have a conversation in the lobbies without its being reported by sneaks. Mr Howe replied : " Well, I did not report it." WHAT THE BARMAID SAID. Sarah Moloney, barmaid at the Mel beurne Hotel, was placed in the box, but could remember nothing. When Mr Joyce called for two drinks she gave Mr Mackay gin and Mr Joyce water. Mr Mackay was in the hotel half-an-hour. Mr Mackay spoke to her yesterday about the case. She never told Baker and Grace that two gentle men wore with Mr Joyce trying to make him drunk, and Lhey took him away in a cab. Did say that when they called a second time she knew nothing about it, and only gave Joyce iemondae. ADDRESSES OF COUNSEL. Dr. Buller addressed the Court, and urged provocation and extenuating circum stances. He asked that a nominal fine be imposed. No severe assault hadfbeen com mitted. Complainant claimed to have got the best of it. Mr Stout addressed the Court. He said the case was exceptional. If only anne was inflicted members of the Hoiise would have to resort to revolvers and bowie knives. The conversation took place in the lobbies between members. Mr Mackay had brazened the matter out. He called witnesses and tried to show he had made a hero of himself. There was no use in a live or ten pound fine. THE SENTENCE. The Bench retired for ten minutes and returned. Mr R. J. Duncan, chairman, said the Bench had given careful considera tion to the case. It was a very crave offence, which it was their duty to put down with a firm hand, especially in the position in which defendant stood. The defendant had redress in Court for slander. Ihe sentence would be imprisonment for sevea days' without hard labour. There were a few hisses in Court. Mr Burns gave notice in the House to ask Government whether they intend to remove Mr Mackay from the roll of Justices. Considerable indignation is expressed because, though complainant's counsel carefully avoided dragging in Mr Joyce's name, defendant's counsel had no com llc ition whatever in doing so. Dr. Bullen h getting up a petition for mitigation of Mackay's sentence.

THEATRE ROYAL.

We asrain remind our readers of the grand re openingl of the Theatre Koyal this eveningl, by Mr Wheatleigh andhi3 efficient company, when the sensational drama, new to Auckland people, founded on the Tichborne case, will be intro duced, with new scenery and effects. The play is full of exciting: incidents, and is worked out tios as an actor of great merit is acknowledged, with consummate skill, romance and love being woven with the story—just suffi cient to give the drama a smcy flavour. Mr Wheatleigh, whose ahui wiil represent the hero of the pioce. We feel satisfied that the drama of "Sir Roger" Will gratify the varied tastes of all who take tne earliest opportunity of seeing a clever imperso* ation of that once popular character.

THE EVENING STAH, THURSDAY, OCTOBER 18, 1877.



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