Port of Auckland.

New Zealander, Volume 10, Issue 880, 20 September 1854, Page 2

Port of Auckland.

SHIPPING INTELLIGENCE. ARRIVALS. September IC—Oddfellow, 22 tons, Gallagher, from the Hot Springs, with 8.000 feet sawn timber. September 16—Endeavour, 14 tons, Martin, from Waiheki, with 25 tons firewood. September ID—Christina, 30 tons, Collins, from Hot Springs, with 11,000 feet sawn timber, 1,000 pailings. 9,000 shingles. Passengers, Messrs Jenkins, and Hatfield. September lit—Mary, 22 tons, Kepa, from Wakatana, with 200 bushels wheat, 400 do. maize, 2 casks pork. September 18—Alert, 18 tons, Uie, from the Wada, with 6,000 feet sawn timber. September 18 Napi, 18 tons. Hooker, from Malakana. and Kawau, with 30 tons firewood, ami 3 passengers. September 19— Boyd, 15 tons, Mclntosh, from Wzmgaroa, with 10,000 feet timber, 3 passengers. September 19— Hira, 17 tons, Hira, from Opotiki, with 200 bushels wheat, 100 bushels maize, 12 casks pork, 100 baskets potatoes. DEPARTURES. September 15—Firefly, brig 141 tons, Wm. Mills, for Melbourne from Manakau.—C - Davis, agent. September 15— Julia Ann, 24 tons. White, for Ray of Plenty with 12 bags blankets, 6 boxes sundries, ton sugar, 1 case porter," 3 bags flour, bale blankets, 1 case wine 8 saddles, 1 package tobacco. September 16— Oddfellow, 22 tons, Gallagher, for Hot Springs, with 6 cases gin, 3 casks pork, 1 ton flour. September 16—Mary Ann, 20 tons, Paulgrain, for the East Coast. September IC—Sally Brass. 17 tons. Adams, for Waiheki. September, 16— Endeavour, 14 tons. Martin, for Waiheki. September 16—Don. 17 tons McKenzie, for Wangarei. with 12 bags flour, !! bags biscuit, 2 do' sugar, and a quantity of sunPassengers —Messrs Gibbs, and Scott. September IB—Midge, IB tons. Goddenfor Malakana, September 18-Nelson, (s.s.) 215 tons, Martin, at Manakau, for New Plymouth and Southern Provinces with 1 case. I do. 1 do. 1 box. 1 case, 1 case, 1 bale, 1 box, 1 parcel, 3 cases. 1 1 bag, I package. I oilskin package, 2 boxes, 2 casks, 7 cases, 1 stove, 1 caw, 1 case in bond. Passengers—Messrs. Gledhill, Ki nc Crompton, Mr/and Mrs. Monro 2 children and ssrvant. Mr. and Miss. Richmond, Mr. and Mrs. Kelham, Mr- and Mrs l.udlam, Mr. and Mrs. Fitzgerald 2 children and servant, Mr. and Mrs. Sewell, Mrs. Draper, Messrs. Travers, Mack.ry. Picard, Richardson, Seymour, Hart, Fealhcrston, Rhodes, Clifford, Revans. St. Hill. Bell. Moorhouse, E..1. Wakefield, Cutten, Macandrew.—Brown Jr Campbell, agents. September 18—Daniel Webster, barque, 296 tons, W. Dunning, for Sydney. Passengers — Messrs. Thomas Odium. J. M. Flynn, M. Ford wife and 7 children.—Salmon & Co., agents. September 19—Hold, 17 tons, Tewai, for Bay of Plenty, with 4 bags blankets, 3 bags sugar, 1 bag prints, 4 saddles, 3 bundies spades, \ cask tobacco, 3 boxes soap. 1 box prints, 3 keps oil, 2 barrel* flour, 3 bags flour, 2 bags sugar. 2 boxes soap.

I keg paint, I bag flour, J pkge. tobacco, 1 plough, chest tea, I bundle sieves, 5 casks trade goods, I case harness, 2 ploughs, I dozen spades, 2 mills, 12 camp ovens. I bundle sieves, 5 bags sugar, 4 cases trade goods, 1 pkge tobacco, 1 passenger. . September 19—Duke of Wellington. 25 tons, Scott. for Matturangi, with 3 casks beef 1 cask pork, 1 ton flour, 1J chest tea, 8 bags sugar, 70 lbs tobacco, 4 gallons rum, 1 passenger, EXPORTS-FOREIGN. Per Firefly, for Melbournelos,ooo feet sawn timber. 15 spars, 12,0C0 palings, 18,000 laths. Per Daniel Webster 10 casks slush, 20 tons kauri gum, 7 coils woollashing, .'535 bushels bran, 18 tons potatoes, 21 casks sperm oil. 2 cases pap»r, 3 bales sacks

MURDER AT NEW CALEDONIA. [Condensed from the Sydney Morning Herlad.’’J John Ross, master of the Black Dog schooner, was tried, convicted, and sentenced to death, at theSupteme Court, Sydney, on the lllh ult.,for having murdered a native lad of Lifoo, named Charley, on the Ist of February last, at Luperana, a bay in New Caledonia. Edward Beresford, master of the Louisa, and a man named Dill, were also implicated in the murder, but as some material witnesses were then absent, the Court postponed their trial until the 2nd of October next. The Attorney-General entered into a brief history of the facts of the cass as disclosed in the evidence, and concluded by intimating that the prosecution had been commenced at the instance of the French authorities at New Caledonia, who had supplied the authoritiesin Sydney with the necessary information. This was one of the commendable results which followed from the alliance now- happily subsisting between the French and British nations, an alliance which -he hoped would prove permanent, seeing how essential it was to the peace and happiness of the whole human family. Several witnesses were called in support of the prosecution ; but the main facts of the case will be sufficiently apparent from a condensation of the testimony of Henry Denton, second mate of the Black Dog:— He recollected Ist February; can recollect two boats coming from the Louisa ; the boy Charley was on board; two swivels were on board ; they were hoisted onboard the Black Dog ; used the port swivel; was about a mile and a hall from shore; 30 fathoms of chain were given on board the Black Dog in order to get closer; the boy was on board ; Captain Ross asked Beresford wbat be was going to do with the boy in the boat ; Beresford said he was going to take him ashore and hang him for Living occasioned the killing of his brother with a tomahawk; Be;esford said, take him on board and hang him Charley was then taken on board ; Lifou Charley was then asked about Old Peter, when the boy replied "that he went fishing in his canoe;’ Captain Ross then said, “ If you don’t tell me the tru.h, i 11 hang you.” The boy was questioned again; Captain Ross said, “ I never stood hangman for any one, but I will hang you ;” the boy was then strung up; something Was said about a hangman’s knot; a Yankee chap on board made such a knot ; I saw the rope put round the boy’s neck, and the boy hung up ; he was suspended for about half an hour, and when taken down he was perfectly dead, and thrown overboard by the natives ; all this was done under the direction ot the prisoner. Cross-Examined : There were a great many natives on shore firing on the vessel ; the male and female native belonging to Tuperona Lad all left the vessel two days previously ; the fact of the women leaving the vesstl simultaneously is a sure Hga of mischief; they jumped overboard when they left; the vessel wasabout a mile and a half from shore ; heard the musket balls from the natives on shore whistling over the vessel; believed that a musket would carry upwards of a mile . it was about two miles from the headland to the shore • we paid out some 30 fathoms of chain, and the ship being broadside with the tide, would be oblige in order to get out of the bay, to make two tacks (ram the headland the island ; when witness was going on shore ihere was no swell ; there was very litile wind on shore ; it would not have been safe for them to beat ou l of ih-bay with such a light wind, she might have missed stays ; witness never was once on shore ; the crew might have kept the natives off with the swivels on board ; prisoner Ross was very kind to the nat.vc-s ; was much liked ; the native boy was hung on the port side, so • hat the natives on shore might see him hanging ; 15J , _ vJ S ooiC'J e UJC oojr r.a = flung, I 'and had it not been for the prisoner the crew would Lave been murdered ; a chief was shot ; the savages were arming themselves on board, and were sent away ; the natives were filing up to the time of the hanging of the boy. Two days before the Louisa came, there were about 1.50 natives on board the Black Dug; Charley (the boy) told Captain Ross, that the chief wanted to see him on shore; Ross tolu Charley (the boy), that if the chiel wanted him be must come on board ; the chief came ou board, and was invited to a repast; there were about 15» natives on board at this time; they were arming themselves with pieces of iron, and such missiles as they could pick up on deck ; the chief came up from the cabin eating, and tbe natives crowded round him like bees; Ross asked him to come down to the cabin again, and lie would give him pipes and tobacco; there was a rumour that the natives were going to seize the Bluck Dog ; saw one ti tm>Lawk on board after the nalivi s had gone that did not belong to the black Dog ; inarlinspil.es and winches were thrown down the main hold Castilla Itoss, lor lear the natives might get hold of them ; the boy came on board the Black Dog from New Caledonia.

By his II Non. —It was about four days before he was Lung; the I.ifu boy was taken prisoner and kept on board the day the chief was shot.

The remaining evidence was all to the s ime effect, and in favour of the humanity of Captain Ross, who is represented to have “ treated the natives, both on ship anil on shore, and European crew very well.” Captain d owns, the owner of the Black Dog, testified that the prisoner has always borne an excellent character for humanity, and was in that respect one of the best men in Lis service.

Mr. M'Donald and Mr. Blaue, both of them Shipmasters, gave like testimony in the prisoner’s favour ; the former adding, that the natives of New Cahdouia are very treacherous ; and that it is a sure sign of treachery when native women suddenly leave the vessel. Mr. Broadhursf. for the defence, raised several objections which the presiding judge (Dickinson), reserved for the consideration of the full court. Captain de Brut), of the french Steam Frigate, Prony ? proved that New Caledonia was under the jurisdiction ol France. His Honor summed up at considerable length, explaining very fully' the bearing, of the law upon the subject. and pointing out that the taking away of life could only be justified under circumstances where it was absolutely necessary for self-protection. Ihe first question, therefore, for the jury to consider, was, whether the killing of this boy by the prisoner, was buna fide for the protection of himself and crew, or whether it was in revenge for the murder of Peter Martin. It the latter was the case, of course there was no ground for justification, and even if the former was the fact, he believed that in law the killing was also unjustifiableAccording to his interpretation of the the law, even actual danger to the ship and crew would not justify the hanging of the boy, as there was noevidencejto show that the boy had really taken any aggressive part with those who threatened the danger. The argument that the natives and the prisoner were engaged in a state of warfare, and that the deceased was hanged for being a spy, was of no avail, as the law did not recognise any regular warfare on the part or merchantmen, or in fact any warfare at all except that which was carried oa between properly constituted sovereign powers. It was. only in such cases that a spy could he legally hanged If, as has been alleged in the presept instance, the c oast was dangerous, the obvious duty of the prisoner and his crew was to get away as soon as possible, and if they were actually attacked they would be justified defending themselves, hut only in so far as was necessary to offer resistance to the attacking party. If > after having* come into collision, they found their position was dangerous, it was clearly their duty t > fight *t out, instead of hanging the boy who did not appear to have taken any active part whatever in the whole transaction.

Tie jury then retired, and, after aa hour’* deliberation, they returned with a verdiet of guilty, accompanied by a recommendation to mercy on account of the prisoner’s previous good character. In answer to a question from His Honor, the Jury said that they believed that the prisoner, in killing the bov, was actuated rather by a motive to protect himself and bis crew than by any desire to avenge the death of Marlin.

His Honor promised the Jury that their recommendation of ihe prisoner to the merciful consideration ol the Court would be duly considered. His Honor then proceeded to pass sentence of death on the prisoner, and in doing so, he observed that ha had every reason to believe his ruling was correct; and if so, it war impossible that he could at present flatter bis feelings with any certain hope of mercy. It was true several points of law had been raised, and it might be that the determination of these points would result in his lavour; but if the prisoner acted consistently with his own interests, seeing that there was no hope of mejfcy held out to him, he would endeavour to banish these matters from his mind, and make all the preparation iu bis power for the fate which seemed awaiting him. The prisoner INtened to the sentence with firmness ; and preserved throughout a calm and becoming demeanour.