Interprovincial Items.

Hawke's Bay Times, Volume 15, Issue 753, 17 January 1870, Page 3

Interprovincial Items.

OUR AUCKLAND LETTER. ["FiIOM OTJJJ OWN COIIRESPONDENT.] January 12, 1870. Auckland has passed throngh her festivities, and is settling down to the hard business of life. Another short interval of work, to be broken by the anniversary regatta during the last week in this month. One rather large failure has been announced, and a few small ones to accompany it. That ;nore stoppages are likely (almost certain) to occur, is a matter of opinion freely discussed by the tradingfraternity. The records of our Supreme Court contain some matter worthy the attention of moralists and statesmen, if any exist in the colony. The direct and undisguised contradictory evidence given by parties who claim to belong to the upper strata of society, in cases where there is no alternative conclusion, but a plain issue of false evidence raised which strikes at the very root of equity and legality. How jurymen decide such cases, with directly conflicting evidence, is a puzzle to me. But even on cases where hard swearing, but not openly contradictory evidence, is disclosed, some of the verdicts given appear extraordinary. To go back to the case of selling arms and ammunition to Maoris some months ago. it is hard to see low the jury reconciled their verdict of acquittal with their oath to decide by, and according to, the evidence recorded. But if jurors so decide in cases where the evidence is clear and uncontradicted, it need not cause any surprise if their decisions are somewhat confused in cases of conflicting testimony. One case of this kind, De Hirsch v. Lundon, was tried last week ; and two since which related to scrip transactions. De Hirsch was in possession of a piece of the flat now known as Grahamstown, under some arrangement with the Maori owners. Lundon likewise holds some ground under similar title, but although these titles conflict, it was not the question of title that was in issue, De Hirsch being in possession, and consequently by English law assumed to be lawfully so. Lundon comes and takes possession by putting in pegs ; De Hirsch pulls the pegs out; Lundon returns, backed by a mob of men, and puts in the pegs again, daring De Hirsch to pull them up. Due regard for his skin held him back. Lundon, on oath admits that if De Hirsch had attempted to pull the pegs out, he (Lundon) would have struck him with either his fist or the peg. Had De Hirsch been supported by an equal number of followers, a faction fight would have come off. Instead of that De Hirsch appealed to the Supreme Court, and eventually obtained an injunction to restrain the parties from their work, which was sinking a shaft. De Hirsch now sues for the damage, and three issues are raised. First, was De Hirsch in possession ? Verdict, Yes. Second, did Lundon, by himself or his agent, trespass and damage by opening and digging a shaft ? Verdict, No. (The third issue, that of damages, followed the second as a matter of course.) This seems an extraordinary decision to be given by an intelligent jury ! Lundon admitted that he gave leave to the men to sink the shaft; that he promised them a lease of the ground ; other evidence proved that a lease was actually drawn out on Lundon's behalf, although never executed. Yet the jury decide, on the suggestion of Lundon's counsel, that the men who did the damage were acting independently, and that Lundon was not legally responsible for what they did 1 According to this decision,, if a gang of men of fifty in number take violent possession, as is not unfrequently the case on a gold-field, every individual concerned would have to be sued before the aggrieved party could ensure getting hold of the right man. Surely the leader in such a pro ceeding ought to be legally liable for the consequences, and indeed any and every one that took part in it equally 30. A disposition to decide their dis putes by violence is a characteristic of a number of the men who resort to a gold-field ; they very often practice it with impunity; and if they are brought face to face with the majesty of the law, they have generally a sufficient number of confederates to carry tbeir case through by dint of hard swearing.

Our elections terminated on the sth inst., having lasted rather over four months. Is not such a length of time absurd ? Would not; six weeks be sufficient under proper management ? Of 37 members of the Council, 15 are new men, who have not before fig,ured in our legislatures. I believe 13 of the members voted for Williamson in the late contest, and 21 for Gillies; I do not know what side was takeu by the balance. Taken as a whole, the Council should be the best, and most representative, of any Council we have ever had, unless it was the first, which is generally admitted to have been the best hitherto. The administration of the gold-fields was not delegated to the Superintendent until the 7th inst., although the election took place in November, and the poll was declared on the 2nd Dec, when of course the delegation of powers to the ex-Superintendent expired. So ior five weeks our circumlocutory government allowed an important part of the Colony to remain without any legal administrator ! As our elections begun with violence and intimidation, so they ended. Happening to be at the Newmarket polling station on the day of the poll for Franklin (the last of the Council elections), I was witness to an instance of what unscrupulous men dare, and can do, with impunity. A van load of men arrived about half-an-hour before the close of the poll, and several of them in succession attempted to personate divers electors, and on being challenged by the agent of one of the candidates, they used foul language and threats of violence, intimating with oaths what they would do to Mr S. (the agent) if they had him outside. The Principal Returning Officer, Capt. Symonds, R.M., was present when all this took place, but scarcely took any notice I One of these fellows insisted an voting as D.C., a well-known Auckland tradesman; but as Mr C. had been and voted two hours before, the persouator was prevented voting in his name. Unless the General Assembly make some alterations in the laws regulating elections, the next election will witness a contest in which the result will be decided by fraud, violence, and unblushing personation. Mr Williamsun's supporters intended to return him, and failed through a " providen tial" mishap, the agent sent to secure a certain result at one particular station having tarried too long at " the cups," and proved unable to put in an appearance, leaving the forces paralysed through his absence, as he had the list of voters that were to be personated. As the party were strong enough to take possession of the jiolliasf room, a hundred or a hundred and fifty more names could have been duly entered in the books without any trouble, and the election would have been won. That personation was practised to a considerable extent in the Council elections I have not the least doubt. That it would be more easily checked, often prevented, if no elector was allowed to vote at any polling station except where his qualification was situated, is self-evident. While such a law, fairly enforced, would occasionally inconvenience, and practically disfranchise some few electors, may be admitted ; yet that is surely a less evil than as, under the existing system, affording facilities to unscrupulous men to gain legislative honors by fraud. The principal polling station of an electoral district should be the only station at which any elector might vote; the outstations only available for electors resident in, or freeholders of, the districts where they are situated. But personation will never be put down if those who practise it do so with impunity. H.M.'s p.s. Virago arrived yesterday from Sydney ; and the Challenger may be hourly expected* The immediate removal of the 2nd Bat. 18th Royal Irish is understood to be the object for which these ships come. Governor Bowen is on a state visit to the Thames gold-fields, attended by Mr M'Lean. Superintendent Gillies is also at the same place on a tour of inspection. He went almost immediately he obtained the powers to act. Uncertain movements of Te Kooti are the topic of the day ; and the du-

bious conduct of the King party is open to comment. The Provincial Council is summoned for the 19th inst. As the appropriations expired with the year, it is absolutely necessary that the supplies should be voted before any payments are made on account of the current year. The export of flax is increasing. It is likely to be more advantageous than other of our colonial industries. Several of the establishments engaged in flax preparation are being extended, and new mills are being erected. The new mail route is to be established in March, between Sydney and San Francisco, and the boats are advertised to call at Auckland. The hon. Julius Vogel, Mrs Vogel, and family, may be expected here about the 15th inst., in the Airedale, from Sydney. The Auckland Anniversary Regatta takes place on the 29th inst. IMPORTANT FROM WAIKATO. DISAPPEARANCE of TE KOOTI. SUSPECTED DUPLICITY os the KING. [Southern Cross, 12th January.] Telegrams of an important character were received in town yesterday and were forwarded to Mr M'Leau, who is at the Thames. We believe the pur port of the intelligence received is that that a messenger has warned the na tives residing on the other side of the frontier, but in close proximity to it, to be on the alert, as Te Kooti has broken up his encampment, and has moved away, bent on some purpose only known to himself. The place where Te Kooti had previously been known to be encamped was in the neighborhood of Te Kuiti, and the story is that yesterday morning it was discovered that he had gone off with his followers bag and baggage during the night. Topia is still at Taumarunui. Our own opinion is that he is hesitating about a further move in the direction of the Ngatimaniapoto, lest he should provoke their hostility. If Te Kooti has really disappeared in the mysterious manner which the King's messengers allege, there is no means of telling at present where lie may have gone to, though we think it probable that he would go across Patetere with the object of joining some kindred spirits of his, and afterwards making a dash upon one of the East Coast settlements, or breaking up into predatory bands. There is, however, a dark suspicion in our mind, which is more than justified by the conduct of the King party and it is this —Is it not possible that the King party are playing a double game —that they have connived at Te Kooti's " disappearance," and have either smuggled him and his fol lowers out of the reach of Topia and the Queenites, or are anxious to conceal the road by which Te Kooti has gone, which would amount to the same thing ? To us this seems all too probable. In the first place, if Te Kooti was at Te Ahuroa, only five or six miles from Te Kuiti, as reported, why did not the King party capture him ? and in the next, why did they ever permit him to come there at all with such a force as he is known to have? These are awkward questions. A native named Wiremu Hara, of the Ngatikaroke tribe, arrived in town yesterday, and corroborates the report that Te Kooti had removed his encampment. [New Zealand Herald, 12th January.] Louis Hettit forwarding information to Auckland yesterday as to proceedings at Tokangamutu and Hangatiki, confesses that he is fairly puzzled as to what the intentions of the Kingites are. Topia with three hundred, and Kemp with other three hundred men, armed with our Eufields and Sniders, are watching Te Kooti, and have been doing so -for the last four days; the latter is within,twenty miles of the Maori capital. It is conjectured that the Kmgites are playing double, and that they will not allow Te Kooti, whom they consider their gue3t, to be meddled with whilst on the Ngatiauiauiapoto territory. In the meantime Col. Moule, with his Armed Constabulary, has received orders to be on the qui vive, as it is imposssible to say what tu« n affairs may take. The Late Premier (Mr Stafford) lis at present on a visit to the Thames i

mmiOUS DRIVING IN THE STREETS 4W AUCKLAND. At the Police Oourt, Auckland, on the 11th inst., a cab-driver named Arthur Cash (on remand) was again brought up on a charge of furious driving. Mr Commissioner Naughton conducted the prosecution, Mr Joy appearing for defendant, whom he hai advised to plead guilty as to the charge of furious driving, but hoped the Bench would look upon the case in as favorable a manner as it could. Since the defendant has been out on bail, he has been subject to some very serious comments, and he called the attention of the Bench to an article appearing that day in the Daily Southern Cross. That article, written on the eve of this trial, was calculated to prejudice the case. (The Bench here interrupted Mr Joy by saying they had not as yet seen the paper referred to.) Mr. Joy also stated to the Bench that the defendant had always borne an excellent character, as to conduct, and his driving. Mr Naughton said, although he very often agreed with his friend he could not do so as to his statement about the article referred to in bis speech for tho defence, and he did not see how the article could affect the case now before the Bench. It was ridiculous to think that a fine in a case of this sort could meet the ends of justice. The Bench here wished to hear some of the evidence in connection with the case,|to which Mr Joy objected, adding that as his client had pleaded guilty there was no occasion to proceed with the case. —Mr Joy's objection was overruled, and after several witnesses had been examined, whose evidence the public have already been in possession of, the Bench considered the case for the prosecution clearly made out, and fined the accused in the highest penalty, viz., <£lo, including costs, or in default )f payment three months' imprisonment. The fine was paid William Stretch was also charged with furious driving on Saturday, Ist January, 1870.—He pleaded not guilty, but the evidence adduced being very conclusive, the Bench inflicted a fine of ,£lO, including costs, or in default three months' imprisonment. - The New Zealand Herald. Jan. 12, Bays ihat another dividend, amounting to £1.5 per share, has just been paid to the share* holders in the Grolden Crown company. The Thames Annual Eaees has been postponed till the end of February, in order that they may be celebrated during the visit of the Flying Squadron. The remarkable equality of aerial pressure during the last fortnight has been the subject of remark. During that period tho index of a wheel barometer in the neighborhood of this office has stood, without varying more than one or two hundredths of an inch, at the position of 29*86.—D." S. Cross, Jan. 12. The colonial youth at the Thames are beginning to make themselves dreaded. They have commenced the plan of throwing crackers under the doors of inhabited dwellings, and hurrying off before the inmates have had time to come out. It is said that cherries aad other fruit are rotting on the trees at Nehon, there being no market for them. So great was the demand for horses to go to the races recently held at Charleston that in some cases as much as £4 was offered for the use of the most miserable of hacks for a day. A Hokitika papers says:—The largest nugget ever found in New Zealand has been disposed of by art union in Westporfc. The weight of the nugget in solid gold is 92ozs. sdwts. 12grs„, or in value, at £3 18s per ounce, £359 17s 6d. During the month just ended the Customs revenue received at the Hokitika office amounted to £5,522 3s 4d. In the same period export entries were passed on 9,799 oz 3. of gold, the amount of duty paid being £1,22416s 7d. The Evening Post, 12fch Jan., contains the following paragraph:—" We are VJry sorry to leara that there is too much reason to fear that a little boy, son of Mr Valentine, at the Hutt, has been drowned in the river. He left his father's house yesterday morning, and not returning a search was made in the afternoon at Inch resulted in discovering his clothes on the bank. Since then the river has been dragged, but up to the time of the coach leaviug this morning the body had nob been found." The same journal, in its issue of the 13th inst., says:—" We have learned to-day, that the search for the body of Peter Valentine, the boy whom we announced yesterday as having been drowned in the Hutt river, has proved successful. The body was found about a mile and a half below the spot where the clothes were lying."