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New Zealand Times, Volume XXX, Issue 4424, 25 May 1875, Page 2

la the Court of Appeal yesterday, judgment was delivered in threw Crown cases reserved, namely, Kegina v. Dee and Hennessy, Kegina v. Lamout, and Kegina v. Cass. In the first case, which was tried before his Honor Mr. Justice Grenson, at Christchurch, the prisoners were charged with larceny. Doe was acquitted of the larceny and Hennessy : was found guilty of receiving, and the question reserved for tho consideration of the '■ Court was whether the words in the < Count ' for receiving "so as aforeßaid ■ previously stolen" 1 were descriptive and material or might be treated

as surplusage, for the prisoner Hennessy was -charged with receiving certain goods " previously stolen," and the first count charged the goods to have been stolen by Dee, who was acquitted. The principle of such cases was exhaustively dealt with in the judgments and the conviction in the Court below confirmed. The second case is thoroughly familiar to our readers, and in this case also the conviction was affirmed. In Regina v. Cass the question was whether—the jury having found specially that the prisoner feloniously broke and entered a warehouse with felonious intent to steal, and not having found that the act was done burglariously—the words "and burglariously" in the indictment might be treated as surplusage and rejected. The Court was of opinion that they might, and the conviction was, therefore, affirmed. The Court then adjourned till Thursday, at ten o'clock. The judgments in the above cases will be printed in cxtenso in a future issue.

Mr. R. J. Duncan, the presiding justice at the City Court yesterday, found his burdens to be of the lightest description. Patrick Regan and James Kennedy, whose festive exuberance developed into drunken incapability, were dismissed, and cautioned against bibulous bouts in future. Matthew Symes, who believes in doughty deeds when "beery," resisted the police upon his arrest, and expiated his offence by paying a fine of 20s. Yesterday evening the members of the Wellington Volunteer Fire Brigade demonstrated their loyalty to her .Gracious Majesty by honoring her natal day under the most depressing circumstances. The enthusiasm of most people would speedily cool under the damping influence of a torrent of rain, but to their credit be it said, not so with our gallant firemen. As they dread not fire, neither do they fear water, for in spite of a deluge of rain they assumed their torches, and headed by their band, paraded the principal streets of the city. What with the wet streets, the falling rain, the garish uniform, and the torches' lurid glare, the scene was weird in the extreme. We regret to hear that Mr. Charles Massey, scenic painter at the Theatre Royal, had to be removed to the hospital yesterday afternoon. It appears that Mr. Massey had lately been unfortunate enough to poison his finger, and not having paid sufficient attention to it at the time, has allowed the poison to circulate through his blood. At present one side is very severely affected, the arm and knee joint being both rendered perfectly useless. Now that the performance of the drama is in full swing in Wellington, Mr. Massey's temporary absence will be much felt.

The performance of that ever-popular play, "London Assurance," which took place last evening at the Theatre Royal, augurs well for the financial success of the second engagement of Miss May Howard! The audience was one of the largest lately seen in the theatre. Before the commencement of the performance the National Anthem was sung very creditably by the entire company. The caste was an unusually strong one, comprising as it did some of the most talented performers that have ever appeared on the stage in this city. The role of Lady Gay Spanker is well styled Miss Howard's best performance, her figure, voice, and acting, all being thoroughly well suited to the proper performance of the part. Some of the extra severe critics are rather inclined to the opinion that to be enjoyable there is generally rather too much mannerism—too much acting, in Miss May Howard's performances.. Be this as it may, the same fault cannot be found in reference to her Lady Gay. It was acted with great verve, and was throughout- thoroughly natural. During the several acts Miss May Howard appeared to immense advantage in her superb Parisian costumes. The wellknown description of the hounds in full cry was given 1 with remarkable force,. and drew forth a hearty burst of applause from all parts of the house. Miss Raymond's Grace was a very clever, natural interpretation of the part. Mr. Burford's Sir Harcourt was also a fine piece of acting, although perhaps the least bit exaggerated, nevertheless it afforded considerable pleasure to the audience. Mr. Sam Howard's Dolly Spanker was most amusing, in fact it is difficult to imagine that any more suitable Dolly could be found in the colonies. The scene in the latter part of the play, during which the letter containing the dreadful challenge for Sir Harcourt is composed by Lady Gay, Dolly, and Dazzle was amusing in the extreme. Messrs. Hydes, Thorpe, and Hesford each performed withtheir usual ability. Mr. Collier's Dazzle was a quiet piece of acting, and thoroughly in keeping with what might be expected from a character of the description of Dazzle. The farce of " His Last Legs " concluded the performance.

We findthefollowingreferenceto Superintendent Curtis's speech in. the Charleston Herald: — " His Honor's views at last have been given on that nefarious job—the Brunner railway. In a future article we shall show that had he been more vigorous in his duties, and firmer in his opposition to that General Government job, the railway would have been constructed in his own province where the coal it, instead of in another province where the coal is not, and where, according to his Honor's own words, it is likely to ' tumble into the river.' " The Melbourne correspondent of the Otago Guardian says :—" The New Zealand Bank branch is working up a steady business at its unpretending quarters in Queen-street. Externally they consist only of a door and a striking brass plate, a lodgment having been made in a busy place ; but the squeeze here is emblematical of the very determined squeeze made in our banking - business. The bold action of the banlc, running counter to our formidable association, directed everyone's attention to it, and depositors stick pluckily to the .institution which loosened the interest' strings."

The Otarjo Guardian says : —"The position of the landed estate of the province is disclosed in the report of. the Commissioner of Lands for the year ending 31st of March last. Otago proper, it is.. estimated, contains 13,360,6'10 acres of .territory, but of thi3 area. 2,346,240/ acres are ; classed) as birren, and 284,800 acres are occupied by lakes, leaving 10,729,600 acres only available, for t practical use. Of these, 9,684,734 acres have been either let or sold by the Crown. During the ; year .1874, the total land revenue • derived) from Otago proper amounted to £179,266, made up in this way ;—Sales of rural land, £96,994; town land, £BB2O ;; license fees for depasturing stock on. runs, £16,484 ; assessment on stock, £63,681 ;. fees on issue of pastoral leases, £24 ; fees on transfer of pastoral leases, £1914 ; .miscellaneous, £41,292.' Fractions are here, omitted. The return of : the territorial revenue 'raised in Southland! coyers a different period, * namely, from 31st' March, 1874,- to the same date in 1875,. during which apace of time it amounted to I £116,962. The squatters' foes will be able' to ruminate over, .the fact that in Otago 6,464,218 acres are held under pastoral leases, and 20,000 acres under licenses. A table attached to this report shows that, up to the 31st March last, 56,377 acres of land were; thrown open for sale on deferred payment, of which 37,204 acres have been taken up, 19,173 acres being still on hand. Jn conclusion, let us note that the total sum we have received from our landed estate—that is, the landed estate of Otago proper—since 1854, is £1,961,371, a paltry amount compared with the area sold and the guantity held under lease for so many years." The London Times publishes extracts from John Mitchell's " Jail Journal," which saw the light in 1854. The following complimentary notice of the "Liberator" shows Mr. Mitchell's estimate of his compatriot: "Poor old Dan !—wonderful, mighty, jovial, and mean old man I with silver tongue and: smile or witchery, and heart of melting ruth !—lying tongue ! smile of ■ treachery ! heart of unfathomable fraud ! what a Koyal yet vulgar soul! with the keen eye and potent swoop of a generous eagle of Caim Tual—with the base severity of a hound, and tho cold cruelty of a spidor ! Think of his speech for John Magee, the most powerful forensic achievement since before Demosthenes ; and then think of the 'gorgeous and gossamer" theory of moral and peaceful agitation, the most astounding wyanon of public swindling since

man first bethought him of obtaining money under false pretences. And after one Has thought of all this, arid more, what then can a man say ? What but pray that Irish earth may lie light upon O'Conneil's breast ; and that the good God who knew how to create so wondrous a creature may have mercy on his' soul." ' *