THE OTAGO DAILY TIMES. " Inveniam viam aut faciam." SATURDAY, FEBRUARY Ist, 1862.

Otago Daily Times, Issue 67, 1 February 1862, Page 2

THE OTAGO DAILY TIMES. " Inveniam viam aut faciam." SATURDAY, FEBRUARY Ist, 1862.

Aa a fortnight at least, and perhaps three weeks, may elapse before the intelligence by the next English mail can reach us, it becomes a matter of interest to anatyse as minutely as possible the little information that has come to hand concerning the probabilities of war breaking out between England and America. By way of Sydney we have the exact terms of -the telegram received by the bank of Australasia from its head officer in London, it runs ■as follows:—

"London, December 2, 1861

"Probability of war with Federal States of America. The war premium of insurance on vessels .already sailed for Australia, 1 pur cent. ; to sail before 31st December, 2 per cent."

This telegram presents rather a different jaspect of the subject to that of the intimations which it was understood the other banks had •received from their homo correspondents According to the previously published version the premium of insurances on vessels sailing after the 31st December was to be two per ;cent., whilst it was left doubtful whether any war insurance would be paid for vessels sailing before that day. But from the telegram we Ifaave quoted three facts may be almost conclusively gathered, first: that it was deemed necessary to insure all vessels on the water before the second of December, and that the premium charged was one per cent.; secondly, that it had been agreed to increase the charge from the second to the thirty-first December ;to two per cent.; thirdly, there is no possibility .of guessing what the rate was likely to be on vessels sailing after the 31st December. The importance of the three issues we have raised will be understood by our subsequent {.remarks-

It should be mentioned that insurances on -gold from Australia are mostly effected at jiome by what are known as open policies.

That is to say, a bank (for instance.) will open | a policy at so much per cent, on such and-such an amount of all gold coming to it from Australia, without mention being made of the ships it is coming by, or the amount of the separate shipments. As the ships arrive, the advice of their having sailed reaches the Insurers, the value of the gold they carry is placed against the amount insured. We are to presume, then, that the telegram of the Bank, although it says " sailed for Australia," equally refers to vessels from Australia, indeed, these are the only shipments in which the banks are concerned. We are here met by the question, how far back would the banks date their insurances ? The telegram leads one to suppose that the insurance was being effected on all vessels that sailed before the 2nd December, still on the water. It will be asked what necessit}' could there be for this step, supposing war were not actually declared ? Take, for instance, vessels that had already been three months out, the arrival of which at Australia, or from Australia might be hourly looked for, —what risk of capture could these runi when supposing a reference were to be made to America before the declaration of war a considerable time would elapse before hostilities could commence ? The answer to this query involves three considerations. Firstly, vessels might be subject to detentions by bad weather or bj^ being necessitated to call into other ports, and in such case might not arrive till some time after they were due, and consequently would be exposed to a risk after the commencemntofwar. Adopting this view it will be seen the premium for Insurance should be very small. The Insurance would not be against a direct war risk, but would be against the possible risk should the vessel by accident be detained on the voyage. It would in fact be an insurance against a double event, first, the condition would be accidental detention; secondly, possibly risk from possible hostilities. It is not for us to say what should be the Insurance under such circumstances, but one per cent does seem to be enormous if the risk were only as stated. But, as we have said, there are two other conditions that might influence insurance on vessels already on the waters, and due within a few days, and these are, first, the possibility that without reference to America, England herself might take the initiative in declaring war. Secondly, that America had determined upon an aggressive policy, with the view of inducing England to [ make a hostile declaration. It must be remembered we are not arguing iipon ascertained facts, but upon a case hypothetical, not only in its direct, but in its indirect bearings. We are not to supj/ose that the Banks which sent the telegram, or the Insurance Offices that fixed the insurance, were themselves accurately acquainted with the condition of affairs. Though better informed perhaps than the bulk of the community, it is not to be supposed that they were behind the curtain. We have to fancy the news reaching England, that an American war steamer had committed an unwarrantable act of aggression in boarding an English Steamer. The Cabinet would besitting deciding what was to be done, and preserving the ordinary official secrecy. Meanwhile the newspapers and the people would be discussing the probabilities of the events. The Times would dimly indicate its views in a mystical article, which could be construed into war or peace, according as its readers' views inclined them. The semi-official organs would come out with abstract discussions on international laws, carefully abstaining from committing themselves to decided opinions on the real question which was agitating the public mind. The state of uncertainty we describe is not an unusual one, on the contrary, it is the general forerunner of any important movement- At the time when the telegram was dispatched, the uncertainty must have been at its height, and we are to consider that telegram an exponent of that uncertainty. We may then infer that instead of any one of the three conditions we have named being the basis on which the 1 per cent, war insurance on vessels sailing before the 2nd December was fixed, that it was founded on a more or less intimate union of the three conditions. The risk of vessels on the water being detained on the voyage was one element; the risk of England considering the outrage she had l-eceived so serious as to warrant her declaring War, without referring to America for an explanation, was a second ; and a third was, that the aggression on the part of America might be part of a premeditated policy to take the initiative in embroiling itself with' England.

We now come to the second consideration the telegram involves, the fixing the Insurance at two pei- cent, after the 2nd December, and before the 31st of that month. Assuming the length of voyage between England and Australia to be a little over three month s, the risks would extend to a period between the middle of March and the middle of April. For this risk a charge of only two per cent, is made; and seeing that if war really be declared, ships between England and Australia would run considerable clanger at both ends of the voyage, the moderate premium is indicative to us that apprehensions were rather felt of a temporary misunderstanding with America, during which privateers might display their usual disregard of the obligations due, not only to other nations, but binding on the nation in the interest of which they act, than a regularly declared and lasting war.

The third point of the telegram, the omission of any reference to what the premium would be likely to.rule after the 31st December, is also noticeable. Had the idea been simply to wait till the advices sent by next mail, the telegram would have added— suspend shipments for a month. But not no provision- is advised concerning Insurance in January, and the shipments made during that month may or may not be chargeable with war insurances. This again looks as if the danger apprehended was rather of a tethporary than an enduring nature. The last two points of the telegram then both lead to this conclusion; whilst the first point, the back-dated insurances, at one per cent., indicate rather .the apprehension of possible im-

mediate danger.

The question then arises—Under what condition of the public mind would these mixed feelings be likely to arise ?—and the answer is : under a hasty excitement consequent upon the fear of a temporary rupture between the two nations, rather than upon, the likelihood of a lasting misunderstanding. The Federal States might overdo bouncing, England might signify unmistukeable resentment, American privateers might set to work

before they were properly authorised to do so, but America seeing the madness of such a war would speedily draw out of it. Such we conclude from the evidence before us, was the opinion generally entertained at home, and such we expect will be the history of any disagreement between the countries. No doubt the peace that would follow on the high handed position taken by 2ngland would be a hollow one, America would be slower to forget the pardon than England would be to forgive the offence. Still we cannot anticipate that the Federal Government will embroil itself in. a war that would expose its Northern .'is well as its Southern frontier to a hostile army. We may see a Californian privateering expedition in the South Pacific waters, but not a federal Man-of-Wax-

There was a noticable arrival last night by the Lord Worsley, from Sydney, in the person of Mr. William Henry Garrett, charged with being one of the men implicated in the West Taieri stickingup case. A short account of his antecedents was extracted in this journal a few numbers back/from the Sydney Empire. Garrett is a man of prodigeous strength. On board the Airdalc, out of sheer bravado, he twice broke his handcuffs and leg irons. He came down in charge of Mr. Inspector Hcadlcv and Detective Clarke. We have been much pleased with the receipt of a nice " got up" little volume of Poems — the production of an old settler in Dunedin, Mr. Barr, of Craigielee, and published in Edinburgh. Quite irrespective of their local character, which endows them with a peculiar attraction, the Poems possess intrinsic merits in themselves which entitle them to rank high as literary productions. We will take an early opportunity of giving them a more extended notice, and of quoting from them.

The Postmaster requests us to direct the attention of the public to a change shortly to be made in the existing postal system, by which the prepayment of postage in stamps is rendered compulsory. It is intended that from the Ist April, 1802, all letters shall be prepaid with stamps only, and any letter upon which at least a single rate shall not have been so prepaid, must be treated as a dead letter, and opened at once for the purpose of being returned to the writer.

A case of stealing newly landed sheep came on yesterday, before Messrs. Strode and Garrick, at Port Chalmers. The man was committed for trial.

The Superintendent.—Major Richardson is making a tour of the gold fields in company with the Hon. Mr. Reader Wood, Colonial Treasurer. A deputation waited on his Honor relative to assisted prospecting, and other subjects, to which he gave satisfactory replies. He has promised assistance to test the deep-sinking on Wetherston's.

' WESLEYAN CHUKCH MEETING. A numerously attended meeting of the members of the Wesleyan Church was held in the Court House yesterday evening. The meeting having been opened by devotional exercises, the Itev. Mr. Buller, who presided, stated that he had felt it his duty to call the present meeting, in compliance wit h the request of several members of the Church. He said that mairy of those present were probably unaware that early in the settlement there was a "Wesleyan Minister stationed iv Otago (the Key. Mr. Watkins), who was afterwards succeeded by the Rev. Mr. Creed, who, in consequence of ill-health, was removed to another Province, and who was now Superintending Minister of the Windsor District in New South "Wales. He was happy to say that during his recent tour through the Province he found Mr. Clark was still held in the afl'ectionute remembrance of many of the old settlers of all denominations. Two other ministers succeeded him, but it was thought advisable to remove them to larger districts in the North. Since then there had been no minister here, although they possessed a small chapel at Port Chalmers. The Province had not, however, been lost sight of, and they wore only waitidg until there was a sufficient number of Wesleyaiis in the province to request to have a minister stationed here, and Jo support him. Now, he thought the time for this had arrived, and in the course of six or eight weeks there would be a minister appointed by the Conference to this district ; in fact, he hoped that two would be sent, but he could not speak positively on the subject. An application had been made to the Missionary- Cominitteo to help them to pay the consequent expenses". They had also been asked to make up any deficiency which, during the first year, may be found in the salary. He did not know whether they woidd do this, but he thought that after the first year there would be no difficulty in maintaining one, two, or more clergymen. He also believed that many gentlemen, not \Vesleyans, woidd Assist them to build their church and to sui>port their ministers,. Jjefore concluding he wished to thank the various clergymen of different denominations whom he had met in the province for the brotherly kindness he had experienced from them. The llev. ,T. Harding would probably arrive in about six weeks, and he thought that before that something might be done towards erecting a place of worship. A section in a central position in this town had most kindly been given for this purpose by a gentleman unconnected with the Wesleyan body (Mr E. Lee of West Taieri). He would advise the meeting to elect a building committee, and endeavor to collect fund*. Until this was done, a gentleman had very kindly offered him a very large tent, which would be put up free of expense as a place of worship. Air. Cook then moved the following resolution, which was seconded by Mr. Chambers, and unanimously agreed to:—That the following gentlemen be appointed a building committee, with power to add to their number, viz—Messrs. llarnett, Tenant, Wilson, Cook, Chambers, Ilicark, Fisher, and Alonson, senior.

The following gentlemen were lidded to the conir mitteebeforetheclo.se of the meeting :—John Booth Sponcely, Ilowell, and li. S. (ribbons, Mr. Cook being appointed Treasurer, and Mr. Harnett, Secrotary. Jt was also agreed that the committee should meet on the section this evening at seven o'clock. Mr. 13idler then sijd that he would preach twice in the Canvas Church on Sunday, .and in the evening in Knox Church, when the sacrament y/oiild be administered. Classes would also be immediately formed under the direction of gentlemen who had lield similar positions in other countries. He then thanked the meeting for the very kind manner in which they had met that evening, and meeting was closed by prayer and the singing or the doxology.

ARRIVAL OF THK "LORD WORSLEY" WITILTmS SYDNEY AND PROVINCIAL MAILS. The " Lord Wprsley" arrived lust night from Kelson, whore the Sydney mails and passengers, brought by the •' Airdal.e," were transhipped on board of her. She brings 40 steerage' and 25 cabin passengers. In another column we give our Sydney correspondent's letter. The news from Wellington and Nelson is not of much importance. At the former place they are agitating tor more frequent mail communication with Otago. From Canterbury we hear that the Provincial Council session had come to a conclusion, an event which was celebrated' by a "jollification" | dinner, presided over by the Superintendent, at which everybody proposed everybody's health. The celebration showed at least that political differences are not permitted in Canterbury to interfere with private friendships. For 120 acres of land near the railway, an enterprising visitor from the Northern Island had paid .£BOOO. The Li/ttclton Times was taking np the question of the defenceless state of the Province, and urging the adoption of defensive measures. By the last mail from England news was received of the death of Mr God.ley, founder of the Canterbury settlement. His death is felt as a public calamity in Canterbury,'td the inhabitants of which he had endeared himself, both during his residence there and after his return to England. He had been nine years away, and yet his name was still preserved as a household word, and it is proposed to erect a memorial to his memory. The Press and Lyttellon Times have eloquent articles in his praise. The former publishes a lengthened and well written biography. The Measure of tub Vikgin's Foot. —The Opinioue in aa amusing feuilleton, showing up the various devices to which the Church resorts to extract money from the pockets of the simple, and which ii describes as the idea of "drainage" applied to small purses, reproduces from a late edition of the ".Rosier de Mari,"- a, work put in the hands of'all children educated in convents, an engraving of a'footprint, t within which is written :—"This is the'exact mea- ; sure of the most holy Virgin's foot, taken from a sandal carefully preserved in one of the iqoiiastries of . Sarogpssa. Pope, Innocent I. granted one hundred days' indulgence to whoever would devoutly kiss this measure three times and say threo Aye Marias.. Tiiis indulgence was confirmed by Clement VIII." i

SUPREME COURT. CIVIL SIDE. Friday, 31st January. I (Before his Honor Mr. Justice Gresson, and a Special Jury.) Chalmers v. Burns. This was an issue joined between Elizabeth Chalmers, the relict of the Jate Alexr. Chalmers, of the Halfway Bush, and the Rev. Thos. Burns, to whom certain property had been bequeathed in trust by the deceased for certain religious purposes, as to whether the deceased was of sound mind at the time he executed the will in question. Mr. Gillies, who appeared for the plaintiff, opened the case, observing, that although it was apparently a very simple case, it was really a most difficult one for a jury to decide, as it was no less than to try the sanity of the testator at the time he made his will. It was the desire to obtain a fair deliverance more than a keen contest between two parties. Mr. Chalmers of Halfway Busli possessed a large amount of property. He was during his life known as a sober, staid, and religious man. He became ill, and that illness induced a state of mind which must be termed unsound. He was subject to extraordinary delusions with regard to those about him ; he thought the evidence would show this. His conduct then was thoroughly inconsistent with his previous life. He would also call the medical man who had attended him, and the solicitor who had prepared his will, who would be able to speak of his conduct at that time. The law presumed that every one was sane until it was proved otherwise, and they must consider that the will in question was executed by Mr. Chalmers while in his sound mind, unless it was proved otherwise. Mr. Gillies then read several extracts from legal authorities bearing on the law of lunacy, after which he read the will, and admitted that it was to a great extent a very sensible will ; but owing to some unfounded suspicion of his wife, ho bequeathed the great bulk of his property to the Jewish Mission of the Free Church of Scotland, and for the erection of a college for ministers at the Halfway Bush. He appeared on behalf of the widow to have the will set aside, and probate granted to the widow as legal executrix, who would then be bound to distribute according to law. The executors of the will had been very unwilling to accept the office, but at length one of them, the liev. Dr. Burns, had agreed to a;u>ly for probate in order to try the case. He then called John Gillies who said he had kown Mr. Chalmers for some years before his death. He was a sober and religious man. lie was rather passionate but never used bad language while he was in good health. Witness remembered calling upon him about a monih before his death. He was not in bed at that time, although he generally was. His bedding was lying on the floor almost in the fire. He was sitting by the fire wrapped up in a blanket. He was peeling and eating a lot of cold potatoes which were in a plate on his knees. Witness remained with him about two hours. He kept talking nearly all the time. His language was most indecent, and it was impossible to check him. He spoke in a most filthy and revolting manner of his wife, and he insisted that she was always listening at the door, and that if witness would look he would find her there. He went once or twice to look but she was not there, but the more he was reasoned with about it the more positive lie became. His whole conduct and conversation was totally different from what it used to be when he was in health. Witness advised liirn to get niedieal advice, but he stopped him at once by saying it was no use as it would only do him harm, as all that ailed him was his stomach being a little out of order find that he would be all right if he could get his food properly cooked. As he was going away Mrs. Chalmers expressed a wish to consult with witness, but he declined lest it might irritate her husband if he heard of it.

Crossrexamined by Mr. Cook.—There was nonothing peculiar jn the way the deceased was eating the potatoes when he eiillpd. lie had the character of being penurious, but he lived in a fair plain way, Witness had known the former wife of deceased, and they appeared kind and affectionate to each other. They had two children, and by his second wife he had one. He and his second wife appeared to live happily until he became ill. Before the death of his first wife he seemed to favour his second son to the neglect of his eldest son, and this feeling always continual.. Ha was ill about three or four months before his death.. "Witness thought he had seen him oiice before and once after the interview ho had described, during his illness. He did not observe anything peculiar in the first interview. He did not know of any thing in the afiiiirs of deceased to cause derangenier.t, accept disease. There was a most marked change between his behaviour on the first and second occasion on which lie had seen him. During the first interview the conversation was chiefly of a religious nature, and the deceased appeared perfectly rational. There was a considerable interval between the two interviews.

By the Court.—The last interview he had with deceased he was lying on a, bed on the floor, with his head nearly covered up by the bed-clothes. Witness spoke to him, but he did not appear to hear him ; but, after speaking to him several times, deceased replied, " I am so weak, I can't speak to you," and again covered his head with the clothes. Witness remained about a, quarter of an hour, and then he spoke to him several times, he never replied, except once, when he asked him if he sljguld pray with him, when deceased replied yes. Witness did so and then went away.

Mr. Johnson said that he was q, sol eitor, and knew the late Mr. Chalmers, slightly. He had prepared the will (produced )for him. He gave the instructions for it personally. He was at that time at Mr. Sibbald's house, in High-street. The will was executed the following day. He first gave the instructions on Monday morning, and on that occasion he appeared very inconsistent. When he began he was perfectly clear and business like, but as ha went an he became confused, giving instructions on a par-tioijlar point, and then breaking off in tho middle, he would ramble to some other point, leaving the previous one quite unsettled. That was about between 10 and 12 o'clock in the morning, and he wanted the draft of f);e will, by half-past 3 o'clock the same day. Witness 'toot? it to. bin), about that time, and deceased told him to bring' his phajr a$ close to the bed as possible, and to read tho draft in as low a tone as possible, so that it could not be overheard. Witness did so, but the deceased interrupted him every minute or so, by saying " you are too loijd sir, you are too loud, everyone in the house will hear you." Witness was reading at the time, almost in a whisper. Witness had omitted the words '" in connexion with the Free Church of Scotland," after the bequest to the Jewish Mission, and the deceased was very excited about it. Tup deceased'insisted on having the will engrossed"in. duplicate, by <j o'clock next morning, and that no clerk was to be 'employed. Witness found it impossible to complete it by that time, and told him so next morning, but promised to have it by the afternoon. He was not at all satisfied as to thesauity of the deceased the previous day, so on this account he made some suggestion about substituting Mr. Stuart's name tor Dr. Burns, as trustee, to which the deceased replied that he did not approve of Mr. Stuart, and believed him to'bc unsound iii his doctrine. Witness then made some remark about the Jewish Mission, when the eyes of deceased became fixed and he got very excited, and he said it was not of much consequence about the bequest, as he believed the Jewish religkm would prevail over the whole earth in a very few years.' Witness brought the engrossed will at about four o'clock that day, when it was executed. He then directed witness to put the duplicates into envelopes, and to seal them with his notarial seal. He did so, and handed deceased one envelope, and retained the other as deceased directed him. He then handed deceased l|is account for drawing the will, when deceased said he could not pay as he had no money.' Witness pressed- him, but could get no satisfaction, being told he never got paid'in a hurry, lie called again the next morning and told deceased if he had no money he would be satisfied with a cheque on the bank, to show that he owed the mqney; Deceased replied it was no use, as lie had no money in tlie ba'uk.' He, then got very angry, and abused witness in unmeasured terms, threatening to send for a policemauto remove him if he did not leave the room.

Cross-examined by Mr. Cook : His manner at the first interview was such, that the witness was led to doubt his sanity.

James -Marshall said he had known the deceased for twelve years. He was always moderate in his language, and appeared to be a religious/ \yituess had visited him during his last illness and had observed a great change in his character and conduct. No person could" please him, and he' often threatened to strike his boy -with his stick. IJe was always complaining of his wife after he became ill. She did everything she could

to please him, and gave him no ground for his complaints. He even went so far as to forbid her his presence. About the middle of July, witness and Mr. Proudfoot went to his house, when ho talked rationally at times, and at other times very nonsensically. When they wanted to go away, he said they were both blackguards because they would not remain with him all night as he expected to die before morning. He also said that if they went away he would get up and run down through the bush to the house of witness. On the following morning he made witness take him to town, as he said he wanted to get quit of the place, his wife, and family. He said some one would take him in. He remained in town about three wesks. Witnes did not sec him again before he

The cross-examination of this witness was unimportant. By the Court: There was no provocation given by his son when he threatened to strike him. Angus M'Millau, said he had seen a good deal of the deceased as he was his next neighbour. He observed a great change in the conduct of deceased towards his family during his last illness. Ho would not allow his wife to come near him while ill, as lie complained that she could do nothing to his satisfaction. Witness never saw anything in her conduct to give any cause for these complaints. There was nothing in the conduct of the deceased to lead to the belief that his mind was affected, except his conduct to his family. Jane Barnwell remembered Mr. Chalmers coming to lodge at her house on the Ist July last. He was very strange in his ways. One night ho took the fire out of the grate and put it in the centre of the room on the carpet. He said that she did not give him fire enough, but the fireplace was quite full at the time, and there was also wood beside it. One night he called her up, and asked for bread, although there was a plateful of it in the room. He abused her very much, and said she was starving him. He left her house without saying a word to anybody about it. He had been there 11 days. Cross-examined by Mr. Cook—He used to be dressing and undressing the whole of the night he was at her house, he was so restless. In the daytime he used to lay in bed generally. It was about one o'clock at night when he put the fire in the middle of the room. She slept in the next room and she heard him. He never took his food regularly. He sometimes complained of his digestion, and used mutton chops generally, drink- . ing ginger beer and tea. He was generally very talkative, and talked to himself all night. He sometimes spoke rationally, and at other times he talked great nonsense, using very bad language, complaining of not being properly attended to. He used to talk in such a strange way that she could not understand his meaning. He never mentioned his family or state of religion. Elizabeth Sibbald remembered Mr. Chalmers coining to live at her house in July last. He remained there ten days. He sometimes spoke in a very foolish manner. When he complained it was chiefly agaiiiot his family. He was very troublesome, whimsical, and changeable. He staid at her house one night after Mr. Johnson was there. About a week before that he came in one evening when he was passing by and he remarked that he locked very ill. He said he was going to the l'rovincial for .dinner as he had none for eight days. He went but did not get any dinner and returned to her house. She offered him sqme dinner but as soon as she brought it he ordered her awp,y with j.t.

Cross-examined by' Mr. Cook.—He did riot rest at night during liis stay at her house. He said it was full of rats but there were none in the place.

Edward Hulme, M.D., said he hud attended die deceased during his last illness. He was suffering from disease of the lungs, and complained of weakness and loss of appetite. When he first saw him he did not obserye anything peculiar about him. Prom the morbid state pf tin; deceased's mind he was led to believe that his mind was in a weak state in consequence of bodily disease. He was labouring under disease. Witness thought that the evidence he had heard in Court respecting his conduct during his illness was inconsistent with his being of sound mind.

Cross-examined by Mr. Cook.—lie thought that those who were most kind to him were his enemies and doing all tljey could to annoy him. He had also an aversion to' all his relatives. Bythe Court.—Aversion tp particular persons is an uncommon symptom in illness and by the medical profession is always considered as a proof of insanity. Disease may produce a great amount of irritability, but not to such an extent as in .M:-. Chalmers' case. It was more than bodily ai. .. .:t A jjprson in such a state could not be considered as in sound mind. Mr. Cook then addressed tl;e jury for the defendants, who had no personal interest in the mutter, but simply acted.as one of the trustees of the testator, and they only wished to see the case fairly and impartially investigated. He admitted that the evidence was of a most serious nature, especially that of Mr. Gillies, Dr. Jluline, and Miss 13a'niwell, on whose testimony he thought the question would turn. He would not detain them by commenting on the evidence, but would call the attesting witness to the will. Charles Reid said that the signature to the will produced wag hig. He saw Mr. Chalmers sign it, and declare it to be his will. Mr. A. Anderson, was also present and signed it. Mr. Chalmers appeared to be very ill, but there was nothing iv his conduct to lead to the belief that he was of unsound mind. They remained in tho room about twenty minutes, and during that time Mr. Chalmers iooked over the will.

Andrew Anderson, the other attesting witness to the will, gave similar evidence to the last witness.

His Honor, in. charging tho case, luid down the law of insanity, and after gqing over the evidence, he remarked that, although cases of this kind were often of a most difficult character to determine, he did not think that the jury would find this to be one. He thought the evidence was most cloar and distinct, that tho deceased was labouring under delusions which might have the effect of rendering him of what was called unsound disposing mmd. If the evidence proved that the deceased had been of unsound, mmd, within say six months of the time in question, then they would be bound to find for the plaintiff, and it would fall on the other side to prove that he had been in his sound mind at the time ho executed the will. The property affected by the case was very considerable. He believed that it amounted to about £18,000.' ■'" ~ • ' •

The jury after a few minutes' absence, returned as their verdict, " That the deceased Alexander Chalmers was not of sound mind when he executed his will."

This being the last case of the session, the special jurors \yero discharged, and the Court after making several orders,' was'adjourned until Monday next. " '' ' • '• ■ : '■

RESIDENT MAGISTRATE'S COURT. Fbiiiav, 31st January. (Before- J. 11. Harris, Esq., 11.M.) Thomas llevenham and John Bourke were fined 20s for drunkenness. George M'ln tosh was remanded on the charge of stealing the sum of £24 from the person of John M'Farlane. Win. M'Leau was charged with stealing the sum of £34 and a pocket book from the person of Bartholomew Donovan,'to "which charge he pleaded guilty," and as he thus Came within the jurisdiction of the court, he was sentenced to four months imprisonment, with hard labor. Nicholas Peterson was brought up on remand Oil the charge of stealing certain articles at Waipori, the property of David Malcolm. The case was discharged. Informations for breaches of the Licensing Ordinance against George Cameron, Tokomairiro, Andrew Chalmers, East Taieri, and James Flutton, Saddle Hill, and which had been heard on a previous day, were dismissed on the ground that, as there was only one witness against the defendants, the cases njust be abandoned for want of corroborative evidence. Sensible Boy.—A farmer's boy in Barren County, Kentucky, advertises for "a wife. He saysHe wants to knew if she can milk. And make his bread and butter; And go to meeting without silk, To make a "show and flutter," He'd like to know if it would hurt Her hands to take up stitches ; Or sew his buttons on his shirt Or make a pair of •. The best penance we can do for envying another's merit is to endeavour to surpass it On the head of a fool persons learn to shave. Life is;a beautiful, night, in which as some stars go down others rise. :" - ■ . ■ ■ ■■ The best manners are stained with the addition of pride. ' ' '

LECTURE ON THE MAORIES. The Rev. Mr. Bullei-'s lecture on the. Maories, was delivered on Wednesday evening in Dr. 'Burns' church to a very large audience. T. Dick, Hag. occupied the chair, and briefly introduced the reverend lecturer. Mr. Buller apologised for being almost totally unprepared te appear before them, as he liad no idea that during his short stay in this province he would Vie requested to deliver a lecture. As he had been, however, lie had chosen a subject with which he was well acquainted, and upon which ho could speak without preparation better than on any others, as he had passed many years of his life among the people of whom he was to speak. Ilia lecture would, however, be of a very discursive character. Many would be surprised to learn that the race whose forefathers had inhabited the laud where they had come to dwell, possessed in their legendary lore a faint shadow of original revelation. A faint shadowing of those grand truths which we possess in a complete form in the Bible. Many of these traditions were of a most interesting nature, and they had been collected with great trouble by Sir George Grey, who had published a volume of them. Their version of the creation was that the world was at first in a state of chaos. It then assumed the form of an immense globe, and within it there were a body of men who were confined in darkness, they were the sons of some god, and as they did not like their position, they consulted together and resolved to make an effort, to get out by separating the two halves of the globe. After a great deal of trying, one of them succeeded in bursting it asunder, when the upper half immediately rose in the air and was propped up by the clouds, thus forming the sky. When a heavy dew fells, or when it rains, they say that it is "rangia," or the upper half weeping at the separation. But the great god was much displeased at the bursting of the glob^ and he descended to chastise those who had done it. They, to avoid his anger, transformed themselves into trees and roots, but he discovering them, burnt them up, and to this they ascribe the origin of cannibalism. They have also a tradition of the flood, which they say was caused by a sorcerer, who caused it to rain until the whole earth, except one little spot, • was inundated. Their version of the origin of the human race is very like our own. They say that one of these demi-gods made a figure of a man in clay, and afterwards breathed into its nose, when it became alive. Shortly after this, they say, that New Zealand came to light in the following extraordinary manner. There were five brothers of these demi-gods and the youngest of them was very clever, but his elder brothers were very jealous'of him, and when they went out fishing they resolved they would not let him accompany them. At length on one occasion, they allowed him to come and bale out the canoe, After fishing for a long time without any success, they consented to let him try, but would neither give him hook or bait. He produced a bone covered with mother of pearl, and made of nothing less than the jaw-bone of his grandmother. For a bait, he struck his nose against the side of the canoe and dipped, the hook in the blood. He then began to fish, and shortly had such a bite_ that he had to get his brothers to help him to haul it; in; they did so, ami brought up no Jess a fish than New Zealand ! The. name of this redoubt' able fisherman was Mowie, and the native name of New Zealand, signified the fish of Mowie. Thfj hoook had gone into the eye of the fish, and they say that this is .Port Nicholson, (Wellington.) He got out of the canoe and left his brothers holding the fish, which was then quite round, but while he was away, they began to beat it with their paddles to try and kill it, To this beating is owing the broken nature of the country. At one time tha days were very short in New Zealand, and Mowie was determined tq jengi then them, he therefore made a, great noose on a rope, and went to the edge of the earth one'inoniihg Ayrfch |fyq others before the sun was up, and as he appeared they caught him in the noose, and while the others held Mm, Mowie took Ms spear and gave him a dreadful beating. In fact he completely crippled him, and ever since that the days have been longer as the sun could not travel so quick. They had also a tradition about the Man in the Moon, very like the cojimon nursery ta.'e of that, person. There was Sjuch a net-work of fable amongst fchg natives that any" onq endeavoring to penetrate it was oppressed with a feel> ing resembling that of a person under the influence of nightmare, but to anyone who wished to become acquainted with them he would recommend Sir George Grey's book. The Maories were, like ourselves, immigrants, and from a comparison of the various genealogical tables of different tribes, he was in: clined to think that they had arrived here about 6QQ years before 'the arrival of" Captain Cook.' ' It" was, most probable that tlxey came from either 'the Sand? wich or Navigator Islands/ He'thought"from'"sii3 former, as there was an island there the name of which differed but in one letter from the name of the country from which their traditions agreed they had come. Their language also was very similar. Nor was the distance too great, as the Figi natives often performed equally long voyages in their canoes, and tiie ancient canoes of tho Maorios werg inucji superior to those now in vise.' They still preserve the namesj of these canoes', and the numb,ers anil names of 'ihose who were in them, as" well as the time at which they arrived, and their reason for emigrating. The niin^ ber of immigrants was about 500 in all,'and they siv tied in various parts of the island. He believed that Captain Cook had greatly exaggerated the amount of population, as he did not think that it had ever exceeded 10,000. About 40 years ago they commenced to decrease in number, and have continued to do so ever since, but he was happy to know that this was not the ease in ull parts of the island, as in Canter; bury there had been a considerable increase in the uvunbar of natives.during last year, owing"altogetlii|ii to births. He did'not balieve that the race would become speedily extinct, b,ut he hoped that it woipq ultimately beoomo amalgamated with the ii,ngl6-S,asgn. race, and that the two races would blend together hi a way analogous to what had taken place with the Anglo-Saxon race in our Fatherland. Some of the causes of the decrease of the Maories were anything but creditable to ourselves ; but the great cause was tha horrible carnage made by their wars, and it was but too true that cannibalism was a common practice amongst them. Their war-dances were horrible, ai}4 excited the performers to a'fearfiil pitch. The Gfbf verumeut was patriarchal, and was 'divided into three, classes, all of which were frequently represeiitgd by one person, viz,: The prophet,' tjhe'plia/iner, "jpid the hereditary head of the tribe, who was "taboo or sacred; in fact, the institution of the "taboo" was interwoven with all their institutions, and the penalty for breaking it was death. Everything that the Chief touched was sacred, and no one was allowed^ to enter the Chief's house with anything eatable, nor did the Chief ever touch any vessel containing food. A gentleman in Auckland once inyifed a Chief to, dinner, when they had a leg of mutton, and wheif tlie Maori was going away he' took up' the remainder pjf the mutton and walked off with it.' This was dqne in kindness, as he believed that if any one else touched it after he had, it would certainly kill him. Whenever any one fell sick, it was ascribed to a breach of the "taboo,'' and the force of imagination often proved fatal to the patient. The missionaries were often consulted as medical men, and they then gave some harmless remedy, which often had the des.ired effect. On one occasion, he ciire.da jjatie,nt who'wji'4 dying because he had eaten some potatoes cooked in'*a sacred fire, by the application of a very powerful blister to his chest for a night. Next morning he was quite well. On another occasion a missionary heard a noise as he was travelling, and on looking about to ascertain the cause he fount! a Chief almost dead in consequence of a fish bone having stuck in liis throat. Armitqber of the tribe were looking' oiij but none dared to help him, as his head was sacred and they dared not touch it. The missionary had no such scruples, and after some trouble he succeeded in extracting the bone with a pair of forceps he chanced to have with him. To his astonishment the Chief, instead of thanking him, immediately demanded the forceps, and compelled him to give them up,, as they had become sacred ■" by having touched his" heads' Anything that the Chief called by his own name-was his. and if lie wanted anything he just did :tMs arid took it. Children Used to be betrothed at a very earW age for state reasons, and the inclinations' pf the' Parties were nevey consulted.' "'Tattoo " was not" fi {xpeeii of rank but a personal adornment, and no one had a. chance of success with the ladies if he were not "tattooed;" nor was a lady considered handsome unless her chin and lips were "tattooed." It was a most painful operation, and could, only be done a little at a time. The operators were very well paid, and they lulled the patient by songs during the operation. The natives were now fast adopting the manners and customs of Europeans, and "tattooing" was becoming less common- now.- He lind often heard•' geiitlemeu blame the- missionaries for'not teaching' the Natives English when' they first :came 'among them, but at that ' time it would haye r been impossible to have done so, "as they had no' motive for learning-. ' Nowit was different, arid they saw the usij' of learning it," Many of 'tlicim hag already attained great proficiency in it, and also m arithmetic. On one occasion lie had overheard a debate between two old Bible readers and two young men, who were very fond of arithmetic. The former said that it was not right to spend so much time over arithmetic, as they ought to be in reading their Bibles. The young men were at first rather posed, but at length one of them said Noah was a good man, and if he had not understood arithemetic fie could not have built the 'ark, according to the given dimensions. The old men were'satisfied; and agreed that oneinighfr study arithmetic as well'as read the Bible. The Maori langnage was well worth being preserved, and was well Worthy of the_ attentiojj of linguists, as it contained many critical niceties. "It was almost impossible now to recognise th§s£ ingn whom he had described,' in the present generation"6f Maories, and if it had not been for the Missionaries and Sir George Grey all these traditions would have been lost A great mental and moral revolution had taken place iv the native mind, and this was owing to the Chris- - tian Religion, and the glory of it was due to God alone, and to his name they must all give the glory. A most hearty vote of thanks was then given to the .lecturer, and the meeting was concluded by praye^^^ A clergyman at an afternoon service was a^^^B^| read a notice:for a woman's night lecture, whic^^^^H in this wise : —' At halfpast^six o'clock, at th^^^^H house in the first district, a him will attempt