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Auckland Star, Volume I, Issue 146, 28 June 1870, Page 2

The Prince of Wales Theatre was fairly attended last evening, hut there would no doubt have been a much better audience had the weather not been so boisterous. The drama of " The Dead Heart" was produced, and, for a first representation, passed off very well. We will take another opportunity of witnessing this piece, and give our opinions more fully. The hurlesque of -'Macbeth" concluded the performance. To-night the same bill is announced. jNotwiths tanding the inclemency of the weather lust evening, there was a very good attendance at the City Hall, when the diorama of " Paradise host" was produced, lollowed by Mr. Logan, as tWe Wizard of the North. '1 o-morrow Mr Logan takes a farewell benefit, it being posiiivelyhis last appearance in Auckland. We hope he will have a crowded house, .n immense bill will be provided for the occasion. Supreme ' Court (Bankruptcy) —His Honor sat in bankruptcy jurisdiction yes 'rerday, and disposed of the following business: — John Dooley, of Grahams town, hotelkeeper. was discharged from his liabilities. Hyman Joseph was examined at great length by Mr. MacCormick, m behalf of creditors residing in Melbourne and Sydney. This case had not concluded when the Court rose, at twenty minutes to six o'clock. The following Cfises were adjourned to the 11th of August:—Walter Dudley, Oughton, and Meyers. The creditors of Mr. H. S. Meyers are requested to send in their claims to his store on or before Saturday next. The Argus says that a wrestling match, in the Cumberland style, has been arranged to come off at Croxtou-park in a few days tor _ 100 a-side, between John. P.eson, champion of New Zealand, and George Scott, champion light-weight of England. The whole of tho money has been staked, and as the match is tor the first ten falls, and likely to occupy some time, the Wrestling will commence at twelve o'clock. From the celebrity of the men engaged, a good deal of interest i-* taken in the match. At present, the New Zealander is slightly the favourite.

Thb meeting of creditors, of A_r. fl. P. Kirkwood will be held at office of Messrs. -C<imbes and Daldy at 3.o'c'oek to-morrow, instead of to-day, as previously advertised.

Holding- the Mirror vp to Mature.—Rg flections should never be cast on a passeeyouny lady for consulting a looking-^I-is?—she, ac an rate, faces her difficulties.

PETTY SESSIONS.—Tuesday. [Before Messrs. J. Naughton, S. Kempthorne, H. Morrow, T.B. Kenderdine, J. A. Wilson, J. -day, G. M. Mitford.] In the aVsei.ee of Mr. J. O'Neill, M.H.R., Chairman, the Magistrates waited for half ah hour, according to form, and having elected Mr. Morrow to preside;, proceeded to business. DRUNKENNESS. S. Dodds and D. Caughlan were fined ss. and costs, or to be imprisoned 24 hours with hard labour. Ellen McLean, for a third offence, was fined 205., and to be imprisoned seven days. VAGBANOY. The same offender Was charged with being an idle and disorderly person, and on the evidence of Detective Murphy and Mr. Cunningham, ( lerk of the Court, was sentenced to be imprisoned four months, with hard labour, cumulative on last sentence. DBttNIC AND DISOBDERLT. Michael Hickey, for this offence, was sentenced to be fined 20s. and costs, or 48 hours' imprisonment. MFNIOIPAI* ACT. Joseph Craig for allowing his cart to remain in the public street, viz., Rutland-street, during the night of 22nd June, was fined ss. and costs, or to be imprisoned 48 hours. Peter Dowd, for allowing a pig to stray in the street on June 19, in Pitt-street, awai'ded the same penalty. IMPOUNDING- ACT. W. Beswick, for allowing a horse to stray in Albert-street, and J. Russell, for allowing two cows to stray in Parnell Road, were each fined 5s and costs. BREACH OF HABBOB BEOTTLATIONS. William Lamb, master of the schooner Fiery Cross, was charged by Captain William Ellis, harbor-master, with a breach of the Harbor Regulations, by anchoring his vessel in the fairway of steamers going to and from the Queen-street wharf, on the 23rd June. T. Or. Wall deposed : I am captain of the steamer Williams. Recollect coming up with my steamer to the Queen-street wharf on 23rd June, .aw a vessel in the way, which obstructed me, and I.was obliged to stop and no around her ; she was in the fairway. She is the Fiery Cross. Captain Ellis deposed : I am harbor-master in this port. On Fri ay morning last, the b'iery Cross was lying between the two buoys in the fairway, so as to obstruct steamers going to and from 'he wharf. It is not usual for vessels to anchor there. Fined in the mitigated penalty of 0s and costs. BREACH OF T_E MARRIAGE ACT, 1834. Robert Graham was charged, on the information of John Lundon, that he did, on the 2nd of June instant, at Auckland, knowin-jh and wilfully make a fal-e declaration to the Registrar of M.images in and for the district of Auckland, for the purpos- of procuring a certificate in the form schedule B. to the Marriage Act, 1854. Mr. R**es appeared for the prosecution, and Mr. Wynn and Mr. MacOormick for the defence. John Muir Wayland deposed : I am Registrar of Marriages for the district of Auckland, and produce my appointment and the Gazette containing it of the year 1865. As Re»istra!* I did, on or about the 2nd of June instant, see Mr. Graham in my office. He applied for a certificate of marriage. I required him lo make a declaration, in accordance with section 12 of the Marriage Act, 1854. He made it,, which I now produce. It bears defendant's signature. In consequence, I then granted him the certificate now produced. I would not have granted the certificate without the declaration having been made. I had read to him the declaration previous to his signing it. I filled in the mimes of the parties, and married them according to ihe Act. Mr. Samuel Cochrane and Sergeant N. Bushill were the witnesses present at the marriage. Heard no conversation between Mr. Grruham and Mr. Cochrane. The certificate referred to is in the form of Schedule B in the Marriage Act.

Samuel Cochrane deposed : I am an auctioneer, residing in Auckland. I know the defendant. I remember being present at Mr. Graham's marriage at the office of the Registrar. I do not know Miss Jane Home. I know a young lady that gave that name. I had seen her only twice before her marriage. ■She does not bear a strong family likeness to the rest of the family of that name. I say so because I believe it. (Laughter.) Do not know if she belongs to the Home family. Never thought of the ' subject. Did not so underhand from Mr. Gral.am at any tine. By ihe family of Dome, [ mean the Home family, iGreat laughter.) I believe th.-re is a family of that name connected by relationship with Mr. Graham. I am not intimately acquainted with the family. I have been told that Mr. Graham and Mrs. Home are brother and sister. I came to be a witness to this marriMge by going to the Registry Office. I went on my feet. (Great laughter.) I went by request of Mr. Graham ; he had asked me a few days' before. Mr. Graham said there was a young woman he was going to marry ; that he was exceeding attached to her, and would I have any objection to witness the ceremony. I said I had none. He did not mention the lady's name. The subject was not subsequently mentioned. Before going inio the marriage I was made aware by Mr. Graham that it was Miss Jane Home be was going to marry. Mr. Graham said there might be something wrong in it. He (the witness) replied he had made enquiry, and that it was quite right ho should get married. This difficulty was with regaad to the relation between them. I had been given to understand that she was his nieoe. I do not know that I had been given to understand this by Mr. Graham. I don't think he ever siid that she wa-s his sister's daughter, but that the relation was to close. It was in relation to this difficulty started by Mr. Graham that I had made inquiry. My understanding was that she might b*. his niece Rumour was that she was his niece. Ido not know that she is his niece. I told him that I. h:id inquired about the matter; that she might be his niece, and that he might salely marry her. This was a few days before the marriage. This wa a little before the int rvie v a wh eh he had mentioned the marriaje. E knew 10 whom he referred. I told Mr. Graham that the marriage would be absolutely valid, and that it was quite right that he should marry her. Mr. Graham objected to getting mar ied. One of the difficulties raised by Mr. Graham was that the young lady was reputed to be his niece. He never led me to suppose that she was not his. niece. I made

enquiries respecting a man marrying his niece. It was in consequence of these enquiries that 1 told Mr. Graham that it was all right. j. • To K M_. Wyhn: Mr. Graham paid to me that she was his reputed niece, but he did not believe it, and there was no family likeness. I made enquiry to discover if, supposing she was his neice> would there be any lawful impediment, and told him there was none. Before my stating so he had expressed the determina.ion not to marry her. I believe it was Wholly my own assurance on this subject that led Mr. Graham .to alter his mind. I went to what I supposed the very best source for getting information, and gave the assurance to the defendant, believing it to rest on bona fide information. He received a blank form from me from the Registrar's Office, and it was on seeing ib that Mr. Graham declined to sign, and then, on my making further enquiries and imparting** the result, and upon and in consequence of my assurance, he did sign. Re-examined by Mr. Rees : He had absolutely refused to sign at first. He did not allege any reason. I made inquiries from information before. I made the inquiries both before and after this refusal. I suppose it was in consequence of the consanguinity, or reported consanguinity, that he refused. He did not say so. I told him that a man might marry his niece, 'there are many cases of such under English law. Mr. Rees, after the examination of the last witness, said he did not intend to call any other witnesses. In reply to Mr. Wynn, Mr. Rees said that the case for the prosecution had closed. Mr. Wynn rose to address the Bench for j the defence, and said he would like the Bench to inform him whether he had anything to prove in refutation of the charge made against his client. He contended that there was no absolute evidence adduced before the Bench that there was any relationship between the defendant and the lady he married. It was proved quite to the contrary that Mr. Graham had . made a wilful affirmation. He made all enquiries he could, and further trot Mr. Samuel Cochrane to make further enquiries as to the matter. . He, therefore, considered that the case should be dismissed. Mr. Rees, in reply, said that the address for the defence by his learned friend, was one that should have been addressed to a jury *'*r their consideration. It was not for the Justices to determine whether Mr. (irahum had made a wilful affirmation, but the evidence that had bf en adduced would be very strong evidence to go to a jury. The advice that Mr. ochrane had given »'r. Grahim was advice which, if acted upon in the country to which Mr. Cochrane belonged, was punishable by death. He woidd therefore ask the Bench to commit defendant to the Supreme Court to stand his trial before a jury of hicountrymen. The Justices were about to ■idjourn to consider their verdict, when Mr. Naughton suggested the evidence should be read ot-er, to which ' r. Wynn objected, on the ground that the Bencli had not given their decision as to whether there was a prima facie case made out. Mr. Wynn's objection, after some discussion between the learned counsel, was allowed. The Justices then retired and after an absence of a quarter of on hour returned into Court, and resuming their seats, the chairman said that the majority of the Justices were of opinion that the case should be dismissed. On the verdict being given, some applause, mingled with a few hisses, were audible in the Court, but was, of course, instantly pressedThe Court then rose.