AUCKLAND.

Hawke's Bay Times, Volume 19, Issue 1466, 28 October 1872, Page 2

AUCKLAND.

A SPECIMEN STEALING CASE. The trial of Mark Sheehy, for specimen stealing in the celebrated Green Harp case, was brought to a close on Wednesday last, resulting in a verdict of guilty and a sentence of 14 years penal servitude. The Southern Cross has the following remarks on the case : The trial yesterday of Mirk Sheehy for specimen-stealing, which closed the criminal sittings for this session, was in many respects interesting and peculiar. "Regina v. Sheehy" will probably form a "leading case," and will be quoted as an authority on future occasions. It has illustrated forcibly one great point of difference between modern criminal law and the code of former times, when a prisoner charged with such a crime would not have been called upon, as now, to give a satisfactory account of how he had disposed of the property alleged to have been stolen. By his own admission the specimens were in Sheehy's possession and were the property of the Green Harp company, whose servant he was, and moreover, according to his own account, they wen? by him put through the battery •' with the general staff." From the very infinitesimal yield of gold considering the apparent richness of the stone, the prisoner was assumed to have givenaiaKe account respecting them, and therefore the prosecutor asked the jury to say that he had fraudently disposed of them, or a portion of them, which they did, and there is very little doubt correctly. Several witnesses were called to prove that the specimens did go through the battery, but the jury evidently did not believe their testimony, and returned a verdict of guilty against the accused. In every other case of specimen-stealing which has been tried here, the actual specimens themselves have been traced throughout, but in this case there was an absence of direct proof, and the prisoner was con\ ieted on circumstantial evidence, coupled with his own admission. A conviction based on circumstantial evidence alone may be as sound as if founded on direct proof, and in case of murder, for instance, it is usually the only sort of evidence adduced. But in the class of cases tried yesterday, it is the Hist we remember to have been proved by cir cuinstances only. 1> is a case which should furnish a warning to all engaged in the dishonest manipulation of quartz, of which it is to be feared Mark Sheehy is not the only man. Let all such remember that if they are in possession of quartz or other properly of which they cannot render a satisfactory account, the presumption in law will be that they have stolen it, and that the burden of proof will rest with them, and not with the Crown, to show their innocence. The prisoner yesterday had the advantage of counsel for his defence, and of the testimony of several witnesses, who, it is no violent presumption to assume, weie desirous to s.ry all they could for him ; yet he was found guilty, and sentenced to four years' hard labor. This t rial was further remarkable as illustrating the mode of thinking and anting adopted by some of the Green Harp directors, but, as this may form the subject matter for another trial, it would lie out of place now to say anything further on this branch of the subject. The Green Harp affair has already sent one man to bis grave and another to penal servitude, and should serve to point a moral to all engaged in mining matters, and them to reflect whether or not in thin, as in all other avocations, " Honesty " may not, after all, be " the best policy."

NATIVE INTELLIGENCE. The Daily Sou thorn Cross of Thursday last has the following from a correspondent at Omaha, relative to a threatened native quarrel, on account of a supposed case of witchciafl, and its terniiualion : —"For a lone; time past an Arawa native, named Te Hira, had been living amongst the natives in this dis rict, and for the last few mouths the other natives have entertained the notion that he was a witch or sorcerer. About the time of Patuone's death three natives died there suddenly, one of them being a relative of the deceased chief These occurrences were at once attributed to thfe enells cast upon the

unfortunate victims by Te Hiro. The natives resolved to rid lite district of" Mm, either by fair means or foul. Since the clays of the escape of theWaikato native* from the Kawau, a number oi the Waikato refugees have been residing in this district; and these - and others, under the leadership of au, influential chief there, named Tauwhitu, espoused the cause of Te Hira. War between these two sections of thenatives was practically declared, paswere built on each side, and every preparation made tor carrying on war, andi an outbreak was looked for daily. In their extremity Sir George Grey had been communicated with daily by the natives, who advised them to refer thematter in dispute to Mr Rogan, theResident Magistrate in the Kaipara, iu ; whoso district Omaha and the neighboring settlements are. Mr Rogan was= engaged at the South- and could not at--tend, and the matter was referred to. the Native Office in Auckland. Through the influence of Dr Pollen and MrCommissioner Kemp, the services of Te Honiara, the most influential friend of Tauwhitu, were secured, and negotiations were opened to bring about a reconciliation between, the contending* hosts. The services of other chiefs, were secured, amongst them those of,

Wiremu To Wheoro* who. had control over the Waikato portion of the cliarpatants, and their efforts have resulted! iu bringing harmony out of most inharmonious elements. Te Hira at present declines to leave the district, but peacehas been restored, and great credit i& due to the skill displayed on this occasion in the cause of peace. The settlers, here were all but certain,, at one time,, that hostilities could not be averted £ and when an open rupture occurs, it isimpossible to say where its influencemay end."

POVERTY BAY ITEMS.

We observe from an advertisement; in the Standard that Hobart Town potatoes are selling in Poverty Bay at the rate of 15. s per cwt. !

From the Standard we learn that the* Rev. John O'Conneli has been appointed by his Lordship the Right Rev. Dr. Croke, Catholic Bishop of Auckland, as; resident Priest to Gisborne and Poverty Bay district. The rev. gentleman arrived at Gisborne on Wednesday last,. by the Keera fiom Auckland. The Poverty Bay Standard; October 26, says :—Mr Seed, the Inspector of Custom.*, has been on an official visit to Gisborne and returned to Wellington by the Luna. We liave only space: enough in this issue to congratulate our readers on the result. Tardy justiee lias at length consented to give us what it could no longer refuse. Gisbornewill be proclaimed a port of entry inimediately on Mr Seed's arrival at Wellington ; and all the advantages arising; to the mercantile commituity thercfrom,. r will be a fact in A sulvcollectorwill have charge of the port, ami will have an office for the present iik the Courthouse buildings; we have not heard who the gentleman likely to heappointed is, but we trust it will besome one worthy of promotion;;. Thecellar under the Court house has been* offered by Captain Read, and, we believe accepted by the iuspector, for & bonded warehouse.