THE Otago Daily Times. "Inveniam viam out Faciam." DUNEDIN, MONDAY, OCTOBER 20.

Otago Daily Times, Issue 260, 20 October 1862, Page 5

THE Otago Daily Times. "Inveniam viam out Faciam." DUNEDIN, MONDAY, OCTOBER 20.

Mr. Dillon Bell has set a good example to his brother members of the Assembly, in paying his constituents the compliment of recollecting that they have a political existence, and that their representatives owe to them a duty. The compliment is the more graceful seeing that Mr. Bell, being in the Ministry, belongs, as it were, more to the colony as a whole; and it must gratify his constituents to find that in his new relations he is not unmindful that he holds his scat in the House at tlieiv hands. Contrasted with the conduct of Captain Fraser, who did not even think it necessary to to tell his constituents that he proposed to abandon his parliamentary duties, Mr. Bell's appears very favorably.

'Air. Bell's address, which" appears .in. another column, will be read .with interest by those who, knowing his position in the Ministry, will naturally expect some piquant disclosures. But Mr. Beil is too old a hand to be caught tripping. In h:s apparently frank, candid, and outspoken address there is not one word of revelations or disclosures that the most fastidious of his colleagues could take exception to. This is as it should be ; the secrets of his government are not his to make use of; his present relations with the Ministry are all that he lias a right to descant upon. Still the task of separating the minister from the member is one of no ordinary difficulty ; and plain and unostentatious as the address is, we do not hesitate to say not one out of a hundred mc;i in Mr. Bell's position could have written it. It is clever, not so much for what it expresses as for that which it avoids. Frequently members of Ministries issue addresses to their constituents for the purpose of making public in a convenient form certain features of policy they intend to carry out ; but it is rare, indeed, that a member of a government has a sufficient command over his powers of expression, not to say his feelings, to be able to forget the Cabinet Minister in the private member. The present address is essentially characteristic of its writer, and we can fancy that in preparing it, Mr. Bell must have felt the especial pleasure that a Avriter ' always. enjoys in giving free voice to his peculiar intellectual idiosyncracy. Mr. Bell besides great powers of application, and a peculiarly retentive memory, is gifted with a mind less remarkable for its grasping comprehensiveness than for its peculiar tendency to refiue and discriminate. In Mr. Bell, the mental powers are adjuncts to the mentai organisation, his memory and application enable him to give effect to the idiosyncracy which revels in details, refinements, and distinctions which men of far greater mental calibre would be unable to grasp.

Few characters are more liable to misconception than one such as Mr. Bell's. He is commonly looked upon as an unreliable public man, from the uncertain, and apparently varying nature of his opinions The bon mot has been applied to him that "he speaks on both sides of a question, and votes in the middle, and this is essentially true, although the deduction would be unjust, which one would be inclined to draw from it, that his opinions are governed by his interests, —in fact, that he is a mere time-server. But such a conclusion would be the very opposite to the truth. True, Mr Bell's opinions are uncertain, true, it is almost impossible to predict the side he will take : bu thereasonis.notthathe is indifferent to the conscientious expression of his advocacy, but that his mind prone to attach more importance to the details, than to the broad outline of the. question he is dealing with, constantly encounters obstacles, which others do not even perceive. lie can never be au earnest advocate because he cannot look on a subject in a onesided light, Your greatest orators are those who speaking to a question on which they have a decided opinion, allow that forgone .. conclusion to color the whole substance of their speech. But Mr. Bell sees both sides of the question, and with the peculiar, feelings of the casuist, he-is more inclined'to give importance.to the arguments

against, into t<Hu<Ke"ia silpjidrt oChis iieWs. He will cairy the arguments against the side he means to adopt to almost the point of conviction, and then wander with irresolute steps through the opposite view, of the question— what wonder that, where, possible he should vote "in the Middle." -His convictions are not strong because his indecision does not rise from mental weakness, but is rather an indication of his mental strength : Strange though., it.may seem, there is much of similarity in the mental organisations of Mr Bell and Mr Fitzgerald. Both are inclined to refine and draw delicate distinctions,- but Mr Fitzgerald, applies to his subject a powerful imagination and warm temperament, Mr Bell deals with it iii a calmer spirit and with a more practical tendency. - The one is an advocate, and the other is an enquirer. Mr Fitzgerald loves and champions the distinctions his mind is able to draw. Mr Bell draws the same distinctions, but looks at and treats them with distrust. The first practises, the second preaches casuistry. Both mental anatomists ; the one searches only for the healthy, the .other for'the unhealthy indications—Mr j Fitzgerald is an epicure where Mr Bell is a j utilitarian. ' j In the abstract Mr. Bell's mental organisation is much to be admired; but in practice, it is most subversive of his usefulness as a public man. In the best development of constitutional government, there should be two sides or parties, and the stronger marked the line that divides them the more truthful is likely to be the result of their decisions. But if every member of a party is to refine in his own peculiar fashion,—if he is constantly to recede from his own side, and wander almost within the limits of the opposite, the result is not practical but dilletante statesmanship. In a popular Assembly, a few independent mem.bers may be of use to hold the balance of power between the two main parties, but they are, as Lord Palmerston happily phrased it, " fortuitous atoms," and they are rarely able to assimilate themselves intimately with the large mass pn either side of them. Mr. Bell affords an instance of this. His discursive opinions will never stand the test of close party union. During the few weeks he was in office whilst the House was sitting, he was more than once on the point of resigning, and it may be safely said that the danger of the disruption of the Ministry when Parliament meets again will lie more in internal disunion than in the strength of the Opposition.

The consideration of Mr. Bell's address has naturally led us into a digression about himself; the writer is a key to the writing. Take, now, the paragraph relating to 'Native afl'Uirs-^the policy oi' accepting responsibility in Native affairs Mr. Bell approves, but the time is not yet come. His Ministry came into ofiice on that question. Mr. Bell approves of the theory of his predecessors, but objects to its present practice, and joins a Cabinet strong in neither conviction —responsibility or non-responsibility. The refiner speaks in the next sentence, where he explains why he voted against Wellington as the seat ot government. The removal was urged as a means of improving general government administration. But, he considers the improvement should be brought about, ■by the more sedulous cultivation of friendly relations between the General and Provincial Governments; ergo, he saw no reason sufficient to justify the removal to Wellington'; whilst, ■ irom a Native point of view, he saw reasons against it. In the next sentence the financial relations between the General and Provincial Governments are lucidl"

alluded to, but the conclusion is " sickled o'er with the pale cast" of doubt—the system is a fair one, but liable to be unfairly used. The next sentence refers to local matters—the Arbitration and Boundary questions—both sore points with those whom the writer addresses, and it would .not be fair to be critical on the subject of the delicate manner in which he handles them.

The reference to the Separation Movement is important, in more senses than one. Although Mr. Bell, also, on this does not express a decided opinion, it would be unjust to complain of his not doing so ; on the contrary^ he is to be thanked for the boldness that allowed him even to-refer to the subject. As a member of the Ministry, representing both Islands, it would be clearly incompatible for him to express himself as an advocate for Separation. He is quite right in saying that the removal of the Seat of Government to Wellington is no panacea for Separation. It is only a halfmeasure of cure, and, in' proportion to the good it does the South is the evil it does the North. Mr Bell does valuable service byexp'fessing'himself, as faras the principle is concerned, that "if the Middle Island continues to get " bad government from the North Island, it " has a right to separate and set up for it- " self." As a minister, it is not competent to him to say whether the Middle Island can look for anything else but " bad government." The hit, too, which he aims at those who pretend that the sentinientalism of old associations prevents their advocating Separation, is a good one, and not altogether imdeserved. The question is one, as he says, of "conveni"ence and expediency." Mr. Bell's "sop in the pan," to Dunedin, in recommending the holding of the next Session of the House there, may be accepted for as much as it is worth.

By the Wbnga Wonga we have Wellington papers to the 16th, and by the Geelong, Lyttelton papers to the 17 th

We received information Jast night of the perpetration of what, according to tliG account that reached us, can only be characterised as a most wanton and unprovoked outrage, committed on the Port Chalmers road. Three gentlemen were riding up to town from the Port, and in a narrow part of the road were passing a man walking, when the, pedestrian addressed some remark to them about keeping their own side, to which they civilly replied, when without any further warning the man threw a stone that he held in his hand at one of the party, slightly grazing his head. This attack he followed up by throwing several more large stones, and then proceeded towards Port Clia iners. J3ne of the gentlemen went after him, and expressed his intention of following him to Port Chalmers, and giving him in custody for the assault, whereupon the ruffian .turned, and was in the act to throw another small/boulder which he held in his hand. The gentleman

seeing the danger slipped quickly from his horse and grappled with his assault, and the two rolled off the road down the siding. The other horsemen then came up and rescued their friend. A number of tliel road mon tented close by now made their. appearance and sided with the man who was apparently one of themselves. They began to pick up stones, and the gentlemen, deeming that discretion was thebetter part of valor, beat a retreat, j This is. not the first instance of quiet travellers being niolested by the road workmen. We have heard of an instance of two gentlemen being stopped and called upon to- shout. It would be as well for the attention of the police to be particularly directed to this quarter, before a moie serious outrage is committed.

"The Foster Sisters" and "Cinderella," were repeated at the Princess' Theatre, on Saturday evening to a capital house. The burlesque went most spiritedly, and the laughter and applause were hearty and continued. This evening the comedy of "The Wonder" is to be produced, and " Cinderella" is to be played for the last time.

A serious accident happened on Saturday morning to John Monaghan, a carter employed by Mr Frederick Greswell. He had his horse and cart infront of the Newmarket Hotel, at the junction of.Hope-street and Princes-street, and was giving the horse a drink of water. It is supposed that the edge of the bucket struck the horse's nose, but at any rate, the anirhaJ started and became restive. Monnghan held on for some time, but the shaft striking Him on the breast, he fell, and the wheels passed over his body. A sergeant of police ran to Monaghan's assistance, and the horse was stopped in Princes-street before he hid run far. Dr Wilso was sent for and attended immediately.. He found that Mouaghan was seriously but not dangerously injured ; and the sufferer was as soon as possible removed to the hospital, where, we believe, he is doing well. This accident is only an added proof of the great danger attendant upon the exceedingly reprehensible praciicc of leaving or feeding hcrses in the public streets. Many carters have been fined upon informations by the police, and there have previously been accidents, but no check seems to have been grveu to the carelessness or negligence of the men.

.The convict JYutson continues in a depressed and restless state. On Saturday he complained of severe pains in the head, and he lay in bed during the greater part of the day. The chaplain of thegaul has been almost constantly with him. and. he frequently eagages in prayer. We hear that a petition to the Governor is being got up, p.ay ing for a reprieve. Mr Justice Grcsson held a sitting of the Supreme Court, on Saturday, for the purpose of hearing applications under the Imprisonment for Debt Ordinance. The only application, was that of Frederick Stone, for whom Mi-Wilson appeared Theapplicant was examined at considerable length by Mr Gilik'S. It appeared that ha was iv business as .1 butcher, in p.irtner«hip with Henry George Prima, from 1858 to July, 1330. Tne debts amounted to L 1,700 ; and the only, assets claimed consisted of wages for about six months, at the rate of Ll a day, which the applicant said ■were owed to him by a Mr Walker. He attributed his difficulties to Prime's taking away a considerable amount of the partnership funds. Mr Gillies submitted that there was something extraordinary about the disappearance of the books ; and lie asked for an adjournment for a week, that'an attempt might lie made to find them. His Honor granted the adjournment, remarking that, although there had evidently been exceedingly loose dealings, no real ground had been shown for withholding protection.

On Saturday evening, ', The Green Hills of the Far West" was repeated at the Theatre Jioyal, to a good house. It is a powerfully written piece, with fine •• effects," and, as on the occasion of its production, it passed off very successfully. It was preceded by the Scottish piece. " The R>se of Etrick Vale,or Wandering Stcenie," which U based on the abduction of Laurctte, the rose of the vale, by Red Ronald, a marauding and murdering chieftain. This part was very well played by Mr Ryan; and the half mad Ste«nie was excellently done by Mr Shiels. "Ambition" is announced for this evening.

We quote the following from the Wellingt n Independent, October ICth, on the subject of.the exportation of carcase meat from tlmt Province to Ougo :—" Time after time, when dead meat of .splendid quality lias been offered the butchers there, none of the biHcherj have offered more than about a third of the price they were selling it at retail, and sometimes even less. If there were a market house in Dunediu, the monopoly of the butchers would be interfered with, every time a steamer left this port, to the great advantugo of the townspeople there."

TheWellinglon Independent says :—"The indiridualisation ot title to the Native reserves in this district is about to be shortly attempted, Mr Mantell having been offered by his Excellency the Commissionership for the management of the Native reserves rnado by the N. Z. Company, Col. M'Clcverly, &c. Tnese ressrves have .hitherto been managed by a Board, but by an A<jt of ia<=t ! Assembly, tliey can in future be placed under a special Commissioner. A very large number of sections, both town and country, will thus be made available for leasing by individual native owners, as was recently done at Kuapoi, in Canterbury, and tend more to tile civilisation of the natives, by breaking up their communistic habits, than anything else that could be devised. Mr G. F. Swainson has been appointed Surveyor to the Commissioner, which has necessitated Mr jSwainsoti's resignation of his appointment in the Survey Department of this Province."

The present year has bten fruitful in accidents to members of the New Zealand Parliament. First, there was the wreck of the White Swan, on her way to Wellington, with the Auckland members, then came the "wreck of the Lord VVorsley, conveying the same members back to Auckland, and lately several gentlemen narrowly escaped death by an accident on the Dun Mountain Railway, in Nelson. The following account of the accident is from ihc Nelson Examiner:—" On Thursday, September \S, a party of gentlemen, principally members of the General Assembly, on their way back to Taranki and Auckland, paid a visit to the Dun Mountain. j f ,On returning to town in two carriages, when about I two miles from the bottom of the hill, the brakesman observed some loose stones on one of the rails, which had fallen from the hill above, and in applying the break suddenly, to stop the carriage, it broke in his hand, and threw him off on the road. There being nothing now to check the carriages, they ran on to the stones, which threw them off the rails, and precipitated them over the hill side. Of the seven gentlemen who were in the carriages, hone were seriously hurt. Dr Monro got both his ancles sprained, Mr Watt was shaken by hLs fall, aad Dr Knight was struck in his ribs by some one failing upon hini, but the others escaped, without injury." ~\-

A meeting of the members of the Wesieyari Church is announced to be held at Dr. Burns' Church, this evening, for the purpose of considering tha subject of repairs and enlargement of the Wcsleyan Church. The "Minister, Architect, and Committee, will be in attendance, to furnish all requisite infonration. <

A correspondent, signing himself Notner, writes to us to complain ttiat there is no Mechanics Institute in. Dune-din. Surely our correspondent cannot be aware of the existence of the Dunedin Athenasum, which is in all essential particulars, the same as a Mechanics' Institute. An accident of a serious character occurred a few days ago, on the Christchurch Railway, ia.the Heathcote end of the tunnel. A piece of loosened rock, weighing about eight cwt. fell from the roof, in the break-up, striking witii its sharp end one of the miners below, and inflicting a frightful wound, extending from the middle of the back to the right hip, and cutting through and fracturing the hip bone extensively. The sufferer is likely to recover, A complimentary dinner was given at Christchurch, on the 13th iustant, to J. T. Cooksou, Esq., who is proceeding to England. The dinner was attended by the principal residents in Lyttelton and Christchurch. The estimates for the Province of Canterbury,, have been published. The estimates embrace a period of nins months, ending Jane 30, 1863. The ordinary revenue is placed at £117,000 ; territorial £116,000 ; and it.is proposed to raise a sum of £121,003 by baa, miking together £354,000, at which amuunt the expenditure during the same period is fixed. Tiie return rush to Melbourne appears to be over for the present. We understaud that one large ship on the berth since Wednesday last has only secured twelve passengers. With reference to the no\r notorious proclamation of General Butler, at New Orleans, Colonel Forney writes from Washington to the Philadelphia Press :—« The Morning Post (Palraerston's own paper), denounced General Butler's proclamation respecting the women of New Orleans-who should unsex themselves by insulting our flag and its patriotic defenders. Perhaps the Post never heard how, in 13U, when the British were before that same New Orleans, their General tempted the license of his soldiers by the watch-word •'booty and beauty." General Butler's procla mation, which had the desired effect, was to announce that all females who iusulted our flag or our soldiers should be committed to the prison i wherein, for misconduct, ill conducted women exj piated their offence* by being held in duranco vile."

The freedom of the press has in America in many instances degenerated into license, but it would appear th.it the war has had the effect of generally restricting this freedom, and the American pre3s is at this moment but little freer thau that of France. We loam by a telegram from Memphis in the S icrmmento Union, that the Avalanche, Memphis paper » has ibeeu warned by the Provost Marshal that an editorial published yesterday U exceedingly objectionable, and that criticism on the course of military officials cannot bis allowed; and is wanie.l not to repeat tho offence."

lii the trial of Fratson fur the murder of Andrew Wilson, the Judge and the Counsel as well for the prosecution as the defence, all agreed iv directing the jury to dismiss from their minds any previous impressions of whatever kind, and reminded them of llieir oaths to decide on the evidence. Now it is very remarkable that there is not one tittlcof evidence to prove that Wilson was murdered, or if murdered, that he died from the effect of any of the wounds so carefully described by Dv Nelson. It is quite true that the doctor said " any one of the three wounds at the back of the neck was sufficient to cause death ; the first wound over the right eye would- have caused instantaneous death, and I believe that the one on the nose would have been fatal." But IX- Nelsjn ■ never said that any one or more of those wounds did cause death ; he never said what did cause death and there is no evidence whatever to prove that Wilson died of or from those wounds. So far as I the evidence goes, he may have died from poisoning, drowning, or natural causes, and alter death the body have been mutilated in the shocking manner described. It is clear that of Jive wounds, each sufficient to cause immediate death, four must have been iuflicte.lon a dead body, andDr Nelson was not asked what was the cause of death ; there is no evidence that all five were not inflcted alter death arising from other causes. The Judge and Counsel alike seem to have taken for granted, to use the words of the counsel for the defence, that "murdered lie was, with horrible, revolting brutality," and so no evidence was given of it, uor challenge madeofils omission ; yet if it be true that the jury were to decide by the evidence alone, then the omission to prove that death \ras actually caused by one or other of the wounds arid that it was not the result of natural causes is a legal defect that should there be a court of criminal appeal will probably lead to the eon. vietion being quashed. It was proved that Wilson" was dead ; that on the body were found frightful wounds ; that five of such, wouuds were each sufficient if inflicted during life to cause immediate death, and chat by implication therefore four at least of them must have been inflicted oa his body after death, and it was assumed that one or other of them caused death ; but no evidence was given™ proof ot this assumption, and the time for supplying this defect in ..the evidence has passed by. On the evidence (whatever the guilt of the prisoner nuy be) the crimo was not proven.— Communicated.

By the courtesy of Captain Thorndike, of the Alice TlioriKlike, which arrived on Saturday from Vancouver's Island, we are now in possession oflatcr intelligence from British Columbia and from the American States. We publish elsewhere a digest of the news from the seat of war. as also a graphic account of tne fearful tragedy of the burning of the Golden Gate steamship.

The following extract from a letter dated iqth inst., received by Baird Brothers, Waikouaiii from their Duustiia firm, has oeen placed ut our disposal:—"l saw two pounds weight of gold which were taken out of a guily lately rushed, the produce of twj days working tot two men. There was not a piece weighed less than three grains and averaged £ dwt. The new rush is 26 miles from the Dunstan (Coal Point Towushi.i) in the Umbrella livng&s. Tiis lucky proapectore (men who I know wbU) say it's a far more likely gu.ly than Gabriel's, and that there is roo.n for large numbers, . Epciosed you haye smill sample of the gold." We were favoured with'a-view of the' simple referred to. The gold is in large piece*, varying from the size of a pea to that of a tfreuch beau, and is much water worn.

In his eloquent appeal on behalf of admitting the Maori :'nobility" to JPurJiumeutary privileges, Mr Fdz^eraU, .the member for EiiesinereV'spoki}' highly <;f the religious feeling " of the Natives; tie said" they iiad grasped the aaysteries of a lofty faith, and,

fa i great degree,. accominpdated^fchoir 'eon(|«ot ~ iothe requirements of 6heic newc belief.'' The ' Taranaki \fe>dld gives a different version of the natives on this sabject; it sayg, *'Ii there any - one who knom what he is talkitig of, will deny that Christianifc/, with tine ma»i of the natives, is bat one superstition takiag its place besi-le the ol<l on 1, not by my means expelling it? Can a man be called a Christian who is still afraid of the topi*, or who dare not reveal an old Maori incantatioalestit should be used against him, and cause ?nvs death ? It' oar readers will turn to page 13 of Sir George Grey's book of Maori songs, they will fsnd one of Rangihaeata's, in which Jestu Chmt and Tumatauengu (their old god of war) hold exactly the same place in two corresponding verse*; and thU not done from any Irreverence, but in all simplicity. Again, at the raising of the King's flag at Mataitawa the other day, a» we recorded at the time, the prayers w^re begun with Maori hirahias, or incanfcations, anil finished with part of the Church Service. And how were the Omata murders j nstified ?• ;; They <?rere referred to the old Maori custom of ttrum-t----ranga, or offering up sacrifice by a war to party, aadthc justification was thought to be complete ; not only by the murderer.* and their Maori^nonds . but by 3orac among oursfclvcs holding1 high positions in the colony. And yet those murderers had • been baptised, and any one who "had denied their Christianity would have had to confront an angry church." .

The Tard,naki Herald, 4th October, says :— <• Yesterday, Kerei (Grey) r a Taranaki native, arrived in town, and 'reported that he had started from Te Namu.on Tuesday last, the 30th ultimo, Matakatea's place, with four carts loaded with things from the wreck of the Lord Wqrsley. He came along without: difficulty till he got to the first 'gate' at Kapoaiaia, where Erueti and other king natives assembled to stop his progress, which they did effectually. He offered them a shilling as toll for the first cart, according to the law they had iustituted, but they refused, saying that the toll they wanted was the goods.. They accordingly opposed the passage of the carts, and when he succeeded in getting two of these by, they rushed upon all four, sewed all the goods, and carried them into their runanga honse, Te Ika-roa-a-Maui. As: these carts were sent as a whahaviataulau, or trial to see if they would be allowed to pass, Matakatca had very sensibly opened the boxes and took out what he thought most valuable, among other things^ a bag of money and some pistols. ■ It should bementione«l that one of the things thns seized in the King's name U the missing box of English mail from Nelson."