West Coast Times

West Coast Times, Issue 114, 29 January 1866, Page 2

West Coast Times

MONDAY, JANUAPY 2i), 180(5.

We believe we are not wrorg in attributing considerable importance lo the visit to "Westland of Mr Justice Gresson and of Mr Duncan. The mission of the latter is now ended, and we understand that he leaves Hokitilm to-day on his return to Christchurch. Charged with the duly of conducting the Crown cases against the prisoners at the assize which terminated on (Saturday, his mode of performing it has won him the entire respect of the public. In repenting what wo have said of him ; that he has not in any instance sought unduly to press tbo charge against an accused person ; wo must guard against being misunderstood. Primarily the Crown Prosecutor i.s the guardian of justice and of the public safety. It is bis especial Wo that tbo crimes by which the safety of tho community has been imperilled, and tbo law grossly violated, shall not go unavenged, * whatever the plausibility of tho defence set up to covr them. Upon the necessity of bringing tlio penalties of the law home to the guilty, tho whole system of penal justice is based. And when tho nature of the prima facie evidence sustains tho assumption of guilt, no officer charged with the responsibilities that have devolved upon Mr. Duncan would have done his duty to the public any moro than to the Crown, if bo had allowed crime to pass unpunished by any „ failure to present the full case for tl.c prosecution to the jury. In tho case of Stewart, whose trial concluded ou Saturday, Mr. Duncan made a most effective, but at tho same time a most temperate, address to the jury It was a powerful argument in support of tho hypothesis that tho prisoner was a guilty mnn ; but it was throughout logical, pertinent, and calm and even judicial in tone. lie dwelt with force upon the strong grounds of suspicion that undoubtedly existed : he showed bow the evidence even of a witness of disreputable life might be accepted as a truthful testimony to fact, if it were throughout in its separate points incidentally corroborated by the testimony of other and reliable witnesses. All the strong features of the evidence favorable to the hypothesis of guilt were exhibited with great clearness nnd cogency of argument. But no point was strained ; no fact kept out of sight in order lo give the bolder relief to those that were put prominently forward. And in putting the case to the jury in ils darkest aspect, he supplied his own vindication in the words he used, " Murder must be punishcc l ." We feel assured that in every instance in which a case has been brought before a jury, the Crown Prosecutor has left a most favorable impression as of a man actuated by the most perfect fairness of spirit, and with as much consideration for prisoners as is compatible with a due regard to tho interests of justice. We hope the impressions which Mr Duncan will carry away with him of the West Coast, will ho as favorable as those he will leave behind him of himself. 110 is not only ji professional man of eminence iv the province, holding nn important office under the General Government; he is a political mnn of many years stnncling. lie was a member of the Provincial Government under tho former superintomlcncy of Mr Moprhouso, and it is probable that ho will again jo : n tho Executive after the re-elettionof that gentleman to the superintendency at the approaching contest. Wo believe thoro is little doubt that Mr Moorhouso will bo returned by a large majority ; and if tho district is to remain a dependency of Christchureh — as the manifest disinclination of the people here to nccept Mr Hall's challenge appears to indicate ns a tolerable certainty — the choice could not possibly fall upon a b.-'ttc r man. Amongst the many phases of a most varied experience, Mr Moorhouse has himself been a digger — a man, however, always of high character and eminent ability. Had he I ecn in office at the time the gold-field < on tho West Const were first discovo 'ed, it is probablo that a far moro sj m )* thetic policy would havo been shown towards them. Should bo bo elected < n this occasion, much may bo hoped for from his anxiety to do justico to tl c district. As one visitor and another holding Wgll official pos Jigus in Cl.rtetohvivch

visits Westland, and tells on his return the story of his visit, it miy l-o anticipated that n new light will break upon the mind of those who have the power of ruling us. They will begin to un derstand that wo aro not altogether a .savage people ; that though in the meio infancy of our existence as acommunity, we are already realising many of tho conditions of civilised life ; and' beyond this they will begin to appreciate the impel l;m(H! of the commercial and industrial interests which they have hitherto done so little to encourage. No representations coming from the spot, written by local hands, can be expected to have the same effect upon the governing irind, as tho reports of men who come amongst us, and on their return honestly lvport what they have seen. Wo nro satisfied that Mr Duncan will render effective service to the district, by bearing an honest and impartial testimony to its claims, and its necessities. Mr Justice Gresson will have the opportunity of making a somewhat moru protracted and leisurely stay amongst us. There is no reason to doubt that his personal recollections of the place will bo agreeable. His reception was cordial ; bis high qualities us a judge have been appreciated. But further than this, his remarks to the Grand Jury showed that bis mind was fully opened to the sense of many of tbo disqualifications under which Westland lies Ueyond his merely judicial sphere, no doubt his observations will Slore bis memory with many facts which will be of service to us to have reproduced "on tho other side." Thus, gradually, and by tho more frequent visits of men placed in a position to influence public policy, Westland, it may be hoped, will como to be better understood. We are very gratified to learn that his Honor has promised to visit the Kanieri to-day, for tho purpose of performing the ceremony of " christening" the great race and iltune just completed by the Pioneer Company. W hilst the act will be a graceful — and indeed the first — official recognition of the importance of the mining interest of the province, it will enable his Honor to form something like a fair estimate of the enterprise that is at work here in developing an enormous source of wealth. In Christchurch the Ilokitika digger has, we believe, been looked upon merely as a man with a dirty face and a serge shirt, a set of vulgar implements called shovels and cradles, \yilh a '* swag," a pannikin, and a billy slung | from bis shoulders, nnd given to all the lesser vices incidental to a life of vagrancy. His Honor will havo the opportunity to-day of corroding these false impressions. He will have tho opportunity of seeing capital employed in the construction of mining works on a considerable scale, by means of associated enterprise on tho part ot men who follow their calling as a settled and permanent pursuit ; and wo shall be mistaken if a deep impression is not left on his mind of the importance of encouraging, by a judicious assistance and a liberal legislation, nn interest that has already resulted in such material benefit to the province, and that has developed, under circumstances of extreme disadvantage, the energy and patient toil of the Miner.

"Wh reprint in another column, from the " Otago Daily Times," a slrnngo and eventful story from real life. Wo havo before referred to the tragedy which in the neighbouring colony (if New South Wales i.s now undergoing elucidation by judicial process. The evidence given at the preliminary inquiry inlo the alleged murder of' Mr. Kinder, wos so voluminous that any attempt to reproduce it wns impracticable. The statement of the case we now quote from our contemporary, is written by one evidently well acquainted with the antecedents of the parties concerned, most of whom are known to the residents of Otago and Southland. It is a clear and comprehensive resume of the case, based, however, throughout upon the assumption of tbo guilt of the man who is charged as tho principal in tbo alleged crime. The trial, which is to take placo early in the ensuing month, will add another to tho already too long list of "causes celobres" in the colonies, 'lite allegation of the employment of mesmeric agency, affording a man of vicious habits an irresistible power over his intended victims, adds a strange element to a history in all its features mysterious and revolting. Our contemporary omits to add to his narrative the fact that, after his committal for trial, tlio prisoner IWtruud mado a desperate effort to commit suicide in gaol. An episode of domestic lifo so extraordinary cannot Tail to produce a powerful impression upon tho public mind. Apart from tho question of Uertrand's guilt or innocence of the crime of actual and deliberate murder, tho facts clearly established in evidence, nnd especially tlio.'-o deposed lo by his own sister — a witness of truth, as nil who know her will give her the credit of being — prove Bortrand to be a most consummate scoundrel. His treatment of his wretched, wife, his long and shameful liaison with Mrs Kinder, and his abuse of his opportunities as a professional man to tho worst of pur} oses, are facts that stand out .with an ugliness of their own, and will remain with all their significa ice even sh mid tbo cv"denco of murder provo insufficient to establish the crime.

A caie of p iso ii g attended \\)th fatal result has occurred it .Myir's Half-way House, on fie Kcpita creek. Ah far an wo an ascertain, it appears that, a paity uauud Uastcd, has ou Severn 1 occasio is pui'diuti-il parcels of drug) wholesale from Mr Pro s-i for G,ithill,n ohenmt., and that om day lust wcok ho gavo an order for a quantity of spirits of wino and other matter, including liftlf a pound of lflU(lftnv)in. T'»e

piiucipal portion of iho j.oo Is wen 1 l<> o Kill out, bin tho l.:iid.iinu ho c.m'icd himscll an Winy a mii ill ia.rl.au I lioiii" niiic'i iiui-dcd. Nothing more w.T-in>a;dof il iiuli'yi's-lcr I i.v.wl en information ic.u-l ol l< wn tlnl. hu had swallowed quite Ift'f tho pnibon s.ttho a'tovo hous> and laid died in consequence. An imp dt wi I lie held to-day, whon the motives which led to tho l ash act wi 1 bo doubtless elicited. Tho trial of Stownrt for tho alleged murder of his wife wns concluded on Saturday ovening, and resulted in a vordict of aciiuillnl. This concluded tho wholo business, tho only civil cuso on tho list not being ready. Tho jury woro then discharged, nnd tho court adjourned .sine die. Divine service, according to tho rites ot' the Church of England, was performed yesterday morning and evening in the Supremo Court. Thoro was v large attendance, and many persons had to stand during tho wholo service, which lasted nearly two hours. Tho wholo of tho seat is ordinarily occupied by the jury, the witnesses in attendance, nnd visitors to tlio Court House nt its ordinary sittings, wcro occupied, and some slight additional accommodation was provided by the introduction of chairs. Hut a. largo space on tho Door wns lefr without seats of any kind, and wo certainly think that so long us tho gratuitous use of a public building is granted to i ho Church of Kngland, a few benches might bo supplied by the hca-ls of tho congregation for tho convenience of thoso who nro anxious to attend tho miristralions of Iho clergymen. Two other denominations— tho ltomun Catholics nnd tho Wcslevans— havo gone to tho oxpciibo of orccting commodious places of worship for themselves. A collection was mado yest ordny for Iho Church of England ttuilding Fund 5 nnd us benches must, in any ease, bo provided for Unit structure, wo would suggcsl that any funds in hand could iiot be moro appropriately applied than in providing a few of these at onco, lo provide lor the convenient^ of porsons alt ending tho Court House, during its tomporary occupation as a church. Tho cilergyman, who olllcialod yesterday, was iho Ilov. Loreii/.o Moore,* of L'npanui, Chrislehurch, wholmsvifcilod liokitiku on an arrangement entered into by Iho Hishop with sovoral of hU elorgv to secure asuccossion of ministrations on tlio West. Coast, until Iho minister destined to tako per- ■ nmnont charge of tho district arrives in (ho province. Neither brilliant nor slarl ling accounts huvo renchod us from Okarila by tho Bruce, but thoso that have como to hand uninislukiiblv loud to tho inferoneo that tho district is progressing most, favorably. It is fortuuato that so lav it has nover been unduly rushed, only a limited number of minors anil business men having located themselves there, and the consequence is tlmt very few luuo any occasion to regret their visit and sojourn in that locality. lM'om llio bench workings tho accounts arc really good, every miner expressing himsell satisfied with tho returns from his claim, very mimy of which are yielding mugniflconUy. 'Wo hosilule lo publish certain itoins of inlelligeneo given to us as facts last night, and shall content ourselves with merely slating that if they are Imo Iho beach workings of Okarila aro second to noiieon tho coast. Ono gentleman, howorer, whoso credibility wo havo no ronson bi impugn, declared ho hud seen two billies full of gold belonging lo one parly, tho result of a low weeks' work only. Last Saturday night a parly of men eiimo into tho township from tho nmges bringing with llicni some excellent " prospect?," whioh they said were obtained a long distauoj inland from tho beach. Nothing, howovor, Unit can bo considered us definito intelligence from tho the interior ha 1 "leaohcd Okiuita when tho Drueo left, but everyone is sanguine that nn ox-ton-ivo and payable gold-field will yob be found there Tho township is inn-easing' rapidly, nil Mic frontages having been taken up nnd closely liekl, gooil stands fetching a high figure. That vexed question— tho price of goldis not yet satisfactorily settled, tho banks still refusing to advance, and tho diggers as obstinately refusing to soil at their liguro. We muler.-tand, however, that the U.ink of New Zealand, determined to ascertain its real vuluo. intend sending across 80 02s to Sydney to be assayed. Although tho lifting of vessels by screws, nnd afienvards transposing thorn on ways across the spit.is a work attended with considerable mk to lifo and limb, until Friday last, wo never had occasion to record the slightest accident lo any ono who hns followed this occupation during our residence in Ilokitika. the giealcst care and skill having been displayed by those into whoso hands tho management of such undertakings has fallen. On that day, however, one of tho men engaged in leinoving the Maria unfortunately had his arm broken and his shouldor much bruised by the breaking of one of the tricing lines, which kept tho chain to which the heavy tackles aro attached out of tho way of some men who wero engaged under tho bilgoin screwing her up. The str.iin upon the line, however, was too nnat, and tho man suffered, ns above related, escaping by a miraolo with his lifo ; for had 1c been a little closer to tho ship's side his brail s would most assuredly havo been dashed out. Ho wns removed at onco to his tent, and the services of Dr Hermit called inti requisition, who at nnco set his arm and attended to tlio unfortunate fellow. Wo aro happy to sny he is progiesM'ng as favorably as can bo expected. Wo extract the following from tho Greg River ///■/.'«« of Saturday last:— '• Wo learn that on Monday last, between Maori Gully and tho Grey, two men wero stuck up by buslu angers, and iho Mini of Ll4 nnd L 3 respectively, taken from thoir persons. This evil is now becoming serious, and it is a pity that ono of this scoundrel gang cannot bo caught, ko limb his accomplices could ho discovered. Tlicso desperadoes gencmlly hound togotlu-r, and tho coituin knowledge of ono would lead lo tho detection of the rest." Writing of Iho Ciroy gold-fields, our contemporary of that district says :— lu lied Jack's CJ idly wo sco tho secondary ulugo of mining now in full progress, and tho moro thorough development of this gold field carried out by (ho complete and workmaulike investigation of tho terraces running along tho eiitiro length of its courso. liotwoen Williums uud Co.'s slore, Kcdiuan and his parly of Jifloen havo commonced a nioiiblcr race by taking Iho wholo body of water iv tho crock for tho purposo of supplying tlie.se terraces by moans of tsluico-hcads, and another paily of Italians havo brought a really orcilitablc picco ot work fioiu the western ranges, carrying it across tho goigo by miMiis of 11 llunio forty-fivo feet in height. This is capablo of supplying four sluico-heads, ami tho ground purposed lo bo acted upon, is fiom the prospects obtained, first rate. Old Red Jack's is ut this moment sending oft moro gold I hau over, uud a new important era with it has uomiiiiiupd, as hitherto wo havo always known that tho foim o r workings woro never wiought upon a true bottom. This bottom, at a depth of 17 fctl has now been struck, and capital piospeels obtained, o iiisequently, tho lucky holders of crro't eluimg a c in a liij.li stato of excitement, and j-iyfil un icipati >n aooub their futuro.