The New Zealander.

New Zealander, Volume 5, Issue 432, 5 June 1850, Page 2

The New Zealander.

WEDNESDAY, JUNeT, 18 50. ~|

By the arrival of the Emma from Sydney yesterday evening, we are placed in possession of Sydney newspapers to the 20th. of May, and through this channel, of English Intelligence to the 25th of January. We have also news from the Sandwich Islands reaching down to the 6th of April— the latest date of the Polynesian which we have received. The hour at 'which these journals have come into our hands prevents our doing more than giving some extracts which will be found in our other columns, and which we insert to the displacement of other matter. The Californian extracts will, no doubt, claim attention, particularly the striking and interesting letter of Mr. Uinigan formerly shipping reporter for the Sydney Herald, and* the Price Current at San Francisco. jj We shall, of course, return to these papers in our next.

The Session of our Supreme Court for the despatch of criminal business was held on Saturday, and, from the nature of the two cases that stood for trial, excited more than ordinary interest. Our other columns contain a verbatim report of the charge of the Chiefi ef Justice and of the terms in which his Honor passed judgment on the culprits ; but the details of the evidence in the one case that was gone into (Winter's) would be tedious, and only a repetition of what appeared in our columns at . the time when the outrage occurred. We give it, however, with sufficient fullness to place our readers in possession of the facts. Ihe evidence against the prisoner was of the clearest character, and exhibited proof of a brutal ferocity of disposition, combined — (it is not an unusual combination) — with the mean and* dastardly cowardice that would lead him to^j strike and endeavour to stab a woman— and that woman his own wife. The Jury, however, with the fullest evidence before them of his outrageous misconduct from first to last, only found him guilty of a "common assault." Regarding as we do with an almost religious reverence, the privilege of trial by Jury which we deem one of the most precious birth-rights of subjects of the British Crown, we are unwilling to say a word that even by remote implication could cast a doubt upon the righteousness of a Jury's verdict; but, having listened attentively to the whole of this trial, we are constrained to observe that — while we cast no suspicion upon the conscientiousness of the Jury — they undoubtedly were very merciful men. The remarks of the Chief Justice mr passing sentence on Winter (which will be found in another column) give, in temperate but conclusive language, a view of the real character of the case. The defence was " extreme provocation ;" but as his Honor justly observed, — "the very provocation he experienced was connected in its origin with violence* and extreme misconduct on his own part." It*| is with reluctance we write thus of a man with*^ whom the law has formally dealt ; but the case seems to us one of such unmitigated brutality that the emphatical censure of the Press — in addition to the eighteen months hard labour in gaol — will by no means exceed the demands of justice.

The reference which we made this day week^ to the " sky -larking " outrages by which the town has been lately disturbed and annoyed, has, we are informed, excited considerable attention in the quarters from which an effectual remedy for the evil might most reasonably be j anticipated. As, however, there appears to have been some misunderstanding of our meaning, we wish to state explicitly, that we do not attribute to the military, the disturbances to which, in that article, we adverted. Indeed, we failed to express our actual opinion if we* did not entirely exonerate them from an act, of which we have satisfactory ground for believing, they were wholly guiltless. Our object in that article was to place a proper share of the culpability on civilians, who, wg are assured, are quite as much — if not more — to blame in these disgraceful transactions than the s military. ' 4J An examination of our file would show that we have availed ourselves of every opportunity, and have sometimes even made an opportunity, to express our esteem — and the public esteem — of the gallant 58th.. The expressions of our approbation will not have less effect f because we — (having- our own duties and responsibilities resting upon us) — deal faithfully with some of its officers. The general character of the regiment may stand proudly beside that of any regiment now engaged in colonial service, but there are — (every body amongst our local public knows there are) some few — a very few — young men who greatly requite to 4 be " pulled up." It would be manifestly unjust to fix upon the Regiment the blame of the conduct of those wild and indiscreet boys. We have some reason to know that Colonel Wynyard has not long sinqje taken means of intimating in a way that couifl not be mistta-J ken, his views on some of the points at which | we have glanced. Without pretending to know 1 any secrets, we do know that Colonel Wynyard J has recently, in these transactions, acted in a 1 way that — both here and at horne — will sus- I

tain ami elevate his chaiactcr as a kind but firm disciplinarian. We trust, however, we have come <o the end of these street disturbances. They are ungentlcmanly, and they are unmanly. And now, having performed a duty which to us was anything but pleasuiablc, we leave the subject, hoping most earnestly that the good conduct of the paities (military and civil) will not necessitate our recurring to it again.

Bo just and fear not : Let all the ends thou nims't at, be thy Country's, Thy God's, and Truth's.