The Akaroa Mail. FRIDAY, APRIL 23.

Akaroa Mail and Banks Peninsula Advertiser, Volume 4, Issue 388, 23 April 1880, Page 2

The Akaroa Mail. FRIDAY, APRIL 23.

..;■■ .'-.■ , <>< tho Dunedin murder trial •(':" '. lo occasion very widespread she VV est Cfi'ast murders ■ , ii'- ev-.-nt bus occurred ■■ i'.keiy to excite un-

pleasant apprehensions respecting the insecurity of human life as the recent tragedy. The slaughter in one dread night of a family—father, mother, and child—is an atrocity that, fortunately for our vaunted civilization, has in modern times few parallels. Equal to the h >rror which such a revolting, cruel deed must excite in every well regulated mind, must be the intensity of the regret and alarm which the failure of the strong arm of the law to bring the offence home to the criminal must inevitably produce. The feeling of regret and alarm to which we al'udc is not due to the escape from the hangman of the suspected murderer, but at the fact that a crime so startling, so absolutely hideous and revolting, as that of which Butler was accused, should be unexpiated. We do not blame the prosecution ; on the contrary, we think the police and the other officers of justice have displayed a remarkable amount of skill, perseverance, and intelligence. The Inspector of Police and the members of the detective force engaged on the case deserve every commendation for the tact they displayed in endeavoring to unravel the secret of olio of those hideous crimes in connection with which direct evidence is simply impossible. No one who has followed the evidence link by link, step by step, which the prosecution succeeded in securing, will deny that the circumstantial chain was exceedingly strong. And if the prosecution has failed, it is simply, we presume, because in capital offences, such as wilful murder and arson attended with loss of life, juries, knowing that the responsibility of a human life depends on their decision, require direct and absolute evidence before they Avill convict. The crime of which Butler was accused bears, as regards its deplorable results, an intimate resemblance to that for which a man named Waters was prosecuted at Dunedin a few months ago. In the case of the Octagon fire, there was no reason to assume that deliberate murder was the original motive of the incendiary. Just as in Butler's case, the theory of the police and the prosecution was that a desire for plunder —to defraud the Insurance Companies — prompted the deed that led to a wholesale sacrifice of life. The crime of which Butler was accused would not have been one whit worse than the crime of which Waters was accused. In both instances the idea of a premeditated murder was abandoned by the prosecution. But the criminal law very properly recognises the necessity of drawing the line between manslaughter and murder by making an illegal or criminal act which results in the destruction of human life a capital offence. But for this protection the sacrifice of human life, by lawless ruffians, would undoubtedly be 'much greater than it is. In cases of incendiarism and the class of murders to which we refer, however, there is the utmost difficulty in sheeting home the offence directly to the accused. The very utmost that the police can be expected to do is to focus the suspected person by the light of surrounding circumstances in such a manner as to justify a conviction. If direct evidence is insisted upon, their labor is vain, for no criminally disposed person in his proper senses would be foolish enough to take life, or set fire to property with the eye of a witness watching his act. On the contrary, the confessions of notorious murderers, such, for instance, as Burgess, of Maungatapu butchery renown, shows that criminal instinct aims at the suppression of testimony, no matter how great the cost. We have mentioned that between the fire which only six months ago occurred in the centre of Dunedin, involving a serious sacrifice of life, and the recent tragedy, there are several singular points of resemblance. In both cases there is good reason for inferring that plunder and not the sacrifice of life was the object of the perpetrator, and in both instances the consequences were similar —an unoffending family was sacrificed. It is also remarkable that the persons on each occasion selected for prosecution by the police were young men who had graduated in penal establishments, and whose antecedents showed that they belonged to the criminal order. In neither instance has pains or expenses been spared to secure a conviction, but apparently the agents of the Crown have failed to satisfy that important tribunal —a Dunedin jury. Of course, it would be hard to attach blame to the jurymen because they have been unable to overcome their doubts, and to see matt* rs in the same light as the prosecution. But it is most unfortunate for Dunedin that crimes of unparalleled atrocity, involving the sudden destruction of unoffending families, should pass unpunished. It is undoubted that, of late years, Dunedin has been obtaining a celebrity for its dark and unexpiated crimes—a distinction that must tend to give it a repulsive aspect abroad, and excite alarm among its law-abiding citizens. At the present moment, the feeling is prevalent in New Zealand that tho capital city of Otago is a most unenviable spot to reside in. It is lamentable thai in a city with such a limited population, the evidences of atrocious crimes should be overwhelming, and yet that the criminal should escape punishment. Within the brief space of two or three years more than twenty persons have met their deaths by violence in that city, and in no instance, lias a conviction been obtained. Need we recall to the recollection of our readers the case of the woman iieid wiio was tried ibr ihe manslaughter 'of a servant gin, and escaped scot free in rjit'j ul' the dearest evidence that tlie cbiid had been slowly starved and finally beaten t. death. The peculiarity in connection with this and subsequent criminal prosecutions k> that no stone has been

left unturned by the police to unravel this mystery of crime, that the Crown Prosecutor, Mr Haggitt, is as able as ho is also conscientious in discharging his duty, yet it is impossible to obtain a conviction. Besides, a comparison of the evidence submitted, with that upon which convictions are obtained for capital offences in every other part of the world, shows that the average Dunedin jury is sceptical to an extent that must be discouraging in the extreme to the officers of justice, as well as dangerous to the population at large. With regard to Butler's crime, the evidence, though incomplete, was about as ciiiclusi-e. as under ordinary circuuistancess, cv deuce of desperate deeds can be. The burglar whose motto is that " dead dogs tell no tales," can only be convicted by circumstantial evidence. It is the same kind of evidence that is relied upon in the prosecution of this prisoner If the poison purchased by a suspected person is found in the stomach of the victim, its administration by the hand of the accused is assumed ; aud in connection with crimes of the first magnitude, it is usual for the prosecution and also for juries to attach a good deal of reliance to the testimony of experts. Unless technical evidence is admitted, and a large ~ mount of credibility is attached to it, it would, in the great majority of murder cases, be quite impossible to convict. In the case of Butler, the most damaging evidence was from the discovery of blood on the clothes of the prisoner. The verdict of the jury, we imagine, must have hinged upon the questiou whether the blood stains were caused in the way suggested by the accused, or whether the evidence of the medical experts was of any value. In acquitting the accused, they 'have said in effect, we prefer the assertion of a criminal of the worst and black--st type to the united testimony of several medical gentlemen, who, unlike the accused, had no interest in the case beyond furthering the ends of justice,

A meeting of the Akaroa School Committee was held last evening at the Schoolroom. The members present were Messrs Meech (ia the chair), Sims, Billens, and Checkley. The business of the meeting was to consider the report of a sub-com-mittee appointed to report as to certain alterations required in the out offices. It was resolved to have specifications prepared for the work in accordance with the recommendations of the sub-committee, and call for tenders for the work, subject to the approval of the Board.

We have been requested by Mr James Turner to give his thanks to the Jubillee Minstrel Troupe and the public in general for the entertainment given on his behalf some short time ago, and for the patronage bestowed upon it. We have much pleasure in so doing, and would be happy to have it in our power oftener to record treats of tbe same description.

We learn on the best authority that a most serious court case is pending between a well-known Boniface and a Restaurantkeeper. It appears tbe latter was passing (without calling in) the bouse of temptation, when a small terrier thought best to call him back, the style of address being a bile on the thick part of the calf. The Restaurant-keeper, objecting to tbe proceeding, made what he meant for a savage lunge at the poor animal, and missing his aim, kicked the owner, sending him spinning into tfe middle of the road. We trust tlie atf air may be quietly settled without appeal to a higher authority- being resorted to. |

A tragic occurrence, which up to the present time, appears to be purely accidental, happened on Wednesday last, tlie 21st inst, at the house of Mr Buchanan, Kenlock, Little River, resulting in the death of a boy named Butler. It would appear that the housemaid, a young Italian girl in the course of her duties, entered one one of the bedrooms accompanied by young Butler. On the dressing table was a revolver which unfortunately was loaded. This she took in her hand and turned round, when the revolver went off, shooting the young lad through the head. Tbe ball entered just above the right temple, passing out behind and above tbe left ear, and was afterwards fouud in the bed, having gone through tbe counterpane. Mr Broderick was at once called in, and did all be could to alleviate the suffering of the lad, and recommended that Dr Guthrie be sent for. This was done, but the boy died about 7 o'clock the same evening. The girl is in custody awaiting the coroner's inquest which will be held to-day.

There are nearly six hundred volunteers in and around Wellington which cost the Government over two thousand pounds per annum, irrespective of salaries to multitudinous officials. The volunteers spend in uniform, ammunition, &c, just about twice that amount the first year they join, and about half tip amount every successive year, so that " playing at soldiers" in Wellington, costs, one way and another, on an average, about three or four thousond a year, without Government salaries, allowances, &c. The number in tbe colon}', taking the same average per bead (over £5), to which must be added the enormous amount for salaries in tbe defence office, for drill instructors, allowances, cic, gives a nice little expense for the game, aad it surely must be admitted that it is not worth the candle.

A meeting of the Little River Races Committee was held at Mr Olphert's

Forsyth Arms on Saturday evening, the 17th inst. The attendance was good. Stewards, Judge, Starter, &c. were appointed. A good programme was then drawn up which will be duly advertised. The subscriptions are still coming in. If owners of horses in the district and out of it in the open races only enter, there will be no reason why these races should not prove a success.

A meeting of the Little River Library Committee was held in the Library, on Saturday last Present: Messrs J. Reynolds (chairman), George Reynolds, John Reynolds, Broderick, Holt, A. Joblin, and William Joblin. It was resolved that the minutes of the previous meeting be confirmed, with the exception of that portion referring to Parliamentary papers to be held over for further.enquiry. The following accounts were ordered to be paid, viz., —Akaroa Mail, 14s ; Press, 10s ; Cleaning Library, 21s. A letter from Mr G. R. Joblin as to road to Library was read. The following resolutions were passed, viz.:—"That the Secretory be requested to write tp Mr Wm. White, asking him to convey the road to the Library as promised by him." "That the Secretary be requested to write to the Hon. W. Rolleston, Trustee to the Library, forwarding him a copy of Mr Joblin ; s letter, at the same time informing him that Mr Joblin had removed the fence at the side of the Library, and>sking him what steps, if any, the Committee is to take in the matter." '•■ That the consideration of Mr Joblin's letter be postponed for a fortnight, the Secretary to write and inform him." The meeting then adjourned.

From the Lyttelton Times we learn that the plant of the Sun Newspaper has been sold, to the proprietors of the Evening Echo, and the former has ceased publication. The price is said to be £4000.

At the District Court on Tuesday, His Honor Judge Ward, on taking his seat on the Bench at II o'clock, looked wondering at the .imposing time-piece over tho entrance to the Chamber, the hour indicated being.ll.lß, and asked who was responsible for the movements of that marvellous clock. Mr Joynt kindly explained to His Honor that the clock, when looked at from the lobby, indicated tbe correct time. It* had two faces, Mr Joynt added, like Jason. The learned counsel, no doubt intended to refer to the Latin Deity Janus, who was always represented by the Romans with two faces. We are gratified to learn that tbe Presbyterian* soiree, a report of which appears elsewhere, was in every respect a success. About 200 partook of tea, and during the evening there could net have been less than 300 present. The receipts, including donations, amount to between £23 and £24As a number of complimentary tickets were issued, and all the children attending the Sunday school admitted free, this result may be considered highly satisfactory We understand that Mrs Brown intends shortly giving the youngsters a treat on her own account. A pamphlet descriptive of a wonderful invention reaches us from that land of ingenious contrivances — America. This invention is called the '„' audiphqne," and is an instrument for enabling the deaf to hear. The inventor claims that it,will not only assist those whose hearing is defective, but also enable the stone deaf to hear. The ilea of, the instrument was first suggested to its inventor, who had been deaf himself for twenty years, by his happening one day to hold a watch between his teeth, when he found that he could bear, tbe ticking, though it was quite inaudible when ttie watch was held to his ear.*' After repeated trials and experiments, he has atjength perfected his instrument, which in shape and appearance is not unlike a fan, one edge of which is rested against the teeth of. the sufferer. When the deafness is due v to a defect in the auditory nerve, the instrument is useless, but whenever it arises from an abnormal state of the ear, its success is complete, as it utterly dispenses with the external ear as a means of hearing, and establishes communication with the auditory nerve by means of the teeth. We are not surprised to find in the pamphlet numerous letters from deaf people, expressing their gratitude and joy at bemg once more restored to the world and society by means of this beneficent invention. The inventor is a Mr Richard S. Rhodes of Chicago, Illinois.

It will be news to most people to learn that there once was in this Colony a Property and Income Tax. In 1.844 the Legislative Council, then the only chamber, passed the Property Rate Ordinance, which repealed all Customs duties and provided for raising the colonial revenue by direct taxation. A portion of the preamble runs thus: —"And whereas the commerce, agriculture, and general prosperity of New Zealand would be greatly promoted by removing all restrictions on the free intercourse of shipping with its numerous ports and harbors, and to that end it is expedient that all duties imposed upon goods imported into the Colony, and all provisions made for the regulation nnd protection of tbe revenue of Customs by the said recited ordinances, should be repealed, and that in lieu of tbe said duties of Customs a revenue should be raised by rates upon property within tlie Colony ; be it therefore enacted," &c. The tax

was one on property and income, the latter to be probable nett income for the year following the date of the return. Property included both real and personal,

and it was to be assessed at its marketable value. When the value of property and the amount of estimated nett income reached £100, the tax was £1 a year, and £1 tor each additional £100 up to £I,ooo* Any person, how.ver who had more pro" perty than this, or who did not wish to make a return, could compound by paying £12 a year, which seems to have been 'the maximun contribution. There was no secrecy in those days, for the collector had to post in some conspicuous place a statement of all return.* made, and a copy was also published in the Gazette. By a special provision the property and incomes of aboriginal natives were exempted from the tax. Avery short trial proved tha* this system did not answor so well as getting a revenue by Customs duties, and the Property Rate Ordinance was repealed in 1845. Probably the revenue derived was below the estimate, and the cherished idea of having all the ports of the Colony free had to be condemned as impractible. The financial necessities of New .Zealand in those days were not large, the appropriations made for 1845 being £25.672, while the then public works policy was thus provided for: " Public Works Establishment, tools and contingencies, £1420."— Guide to Property Assessment Act.

Justice's justice as administered by Mr I. N. Watt, in Dunedin, has long been a by-word. On April 12 that dignitary committed a boy of nine years to the Industrial School for stealing some horse-shoes belonging to a Chinaman. The previous case was that of a woman, who, on differ, ent occasions, had stolen articles of wearing apparel from pawnbrokers' shops and drapery warehouses,, but whose offences were only punished 'wifh'bta'e month's imprisonment. Truly New" Zealand should be proud of her Magistrates. On the return of the 'special train ,tha took the San Francisco mail from Lyttelton to Dunedin on Thursday ~last, and'when just past Temuka, two horses were run over and killed* The animals wore dreadfully mutilated and parts of the carcases were scattered ail over the engine. Tho break gear was broken and the accident delayed the train half-an-hour.

Referring to the fact that the Roto" mahana would convey South a number of Bishops, Archdeacons, and clergymen to attend the General Synod at Christchurch* the Wellington " Post" says that it was remarked.in reference to the last session of the Synod, which was held at Nelson three years ago, that every steamer which conveyed a single episcopal, clerical or lay member of that Synod experienced except tionally bad weather. This applied to fully a dozen vessels. Our contemporary hoped that the Rotomahana would not be bimilarly unlucky, but as our readers know that vessel experienced a most tempestuous passage down the coast.