National Library of Australia http://nla.gov.au/nla.news-page6251900

SOTPIXG INTELLIGENT.

A RBI VED.

March 16 The brigantine Royal Sovereign. 170

tons, Francis Cadell, from Hobart Town. Pas

sengers-Mr W. F. Coglin, and Mr Graham, in

the cabin; Messes Antonio Ferbrino. John Mack

rel, John t'cCiaughlm, Loais Brown, James and

Henry Edwards Walter Stephens, and James Pax. ton, in the steerage.

March 18--The schooner Souvenir, J. Skey, from

Melbourne, 4th, and Portland 14th March. Pas

sengers-Mr Nelson Tooth, Mrs Wells, Mr Wiles,Mrs McCormack, and Mr Grenville, in the cabin;Wm. Davie,' Messrs. Elford, Budgers, Penrose,

Jacker, Webber, Crawley, J. Walker, J. Newcombe,wife and son, James Richardson, Owen Parry, andMichael Stapleton, in the steerage.

Same dav-The American ship Augustine Heard,491 tous, C. S. Sbmtington, from Hobart Town.

Pttsaenger-^E.' Hathaway, ISsq.

CLEANED OUT.

March W-^-The barqne Psyche* 256 tons, Bow

byes. *sr'Swansea.?"?

Passengers ^-M r Wilson, «ndMr Capper.

March Itt -HieërkjJr^dji Mary Pelham, 224

tons, Wieg, far tPordand.

-IMPOSTS.

Cargo of the Royal Sovereign-I «ease boots, 28

bundles Indian matting, .2 casesîslngbK, 60 dittosalad oU, 2 ditto matches. < chaise cart. Order;?5 OOO feet timber, ^.OGO-six-feet: paling, I6,0fl0five-feet paling. '77,"Ot> laths, 5000

shingles, P. B.

Coglin; 42 posts, I beer-engine, I basket, i cask

fruit, l ease slops, Order; 25 cases 2 boxes apples,

Capt Cadell.

.Cargo of the Souvenir-4 cases drapery, Monte

fiore & Co.-, 4 case* merchandise, 12 tierces beef,;1 box merchandise, -Order.

Cargo of the Augustine Heard-300 barrels

rosin. 95 do. tar, 10 do. coal tar, 5 do. varnish. 230

So. pork, 55 do dried apples, 9 do peaches, 35 do.

heans. 4 hhds. vinegar, 56 barrels do, 25 hhds. N.

E. ram, 50 kegs mackerel 1 cask salmon, 2 casks

tongues and sounds, 2 -casks mackerel, 8 boxes

salmon, 7 boxes axe handles, 111 boxes axes, 100

kegs lard, 90 kegs butter, 125 boxes chocolate,225 boxes lemon syrup 285 kegs nails. 6 cases

sheet lead, 3 hhds cheese, 56 loose cheeses. 63dozen rakes. 200 dozen brooms, 1 box snuf£ 10

barrels peas, 80 bales hops 83 cases 6 bales cotton

goods, 5 cases cotton ducks, 17 cases furniture, 169

cases chairs, ll cases writing desks, 6 cases furni

ture, 5 bundles wash stands, 3 cases dressing tables,3 cases wash stands, 184 oars, 77 cases.clocks, 100boxes clothes pins, 119 nests tubs 80 dozen pails.100 boxes tobacco, 190 kegs do., l^do.,

6 ploughs,6 corn shellets, 9 churns. 2 winnowing machines,"2 cases looking glasses, 10 dozen nests boxes, 12drums cod fish, 8 dozen nests flour pails, 2 cases

yellow siraff, ¿100 dozen pails.

EXPORTS.

Cargo of the Psyche-^50 tons copper ore, SouthAustralian Mining Association ; 22 easks tallow,

-Stamp.

Cargo of. the Lady "Mary Pelham,-1 caroteel

currants,6 boxes raisins, 3 tags nuts, Samson;7^100 palings. Original cargo from Portland.

The William Watson -is mentioned in the Journal

of Commerce of 4th November, as laid on at Londonfor Adelaide and Port Phillip.

'^Intelligence reached Melbourne on Sunday ofthe total loss on Saturday morning < the 23rd inst.,)of the brig Princess' Royal, from Hong Kong tothis port . laden with tea, sugar, and rice. ThePriness Royal was "wrecked on the Lonsdale Beef,outside the heads. The Captain was unable to see

the light on Shorthand's Bluff, and supposing himself at a safe distance, went below, leaving the deckin charge of the chief mate, with instructions to

heave the ship to, as soon as the light could bej

seen. About three o'clock, a,m., the vessel struck, |and before night became a total wreck. The crew

j

were saved in theship's boats, with the -assistance.

<tf Pilot Macpherson. The cargo wos«htefly cagar,j

\uuâ the vessel was consigned to Mr Naukevule, «f-the firm of Griffiths, Fanning & Co. . It is improbable that anything eau be saved from the wreck;

.. the vessel 'being completely broken up, and onlythe raizen cross-trees above water, lt will be re

membered that the Thetis, schooner, was wrecked

--«n xhe.saaie.xeef about eight months ago.-Argus,February. 1849.

This morning, the Sir John Byng, 180 tons,

Levien, clears out for Mauritius. 1'assengersMr 'Beauchamp and Mr Lafond. Cargo-2,041bags wheat, J. Newman.

COMMERCIAL INTELLIGENCE.Produce Sale-At Mr Mort's usual weekly sale,

257 bales of wool realised as under:-1 balé (Barker's haadwasbed, very superior), 14jd, 1 bale Hid,

'

IB bales luid, 5 bales lOd, 83 bales 9|d, 43 balesSo, 20 bales ¿3d, 6 bales -8Íd, 35 bales 6d, 13 balesGfd, 27 "bales 5jd to «fd, and 5 bales (in grease)4¿d per lb.

Sheepskins,1273 in number, realised

2Jdíá 3$atpéMB ; and logons-andr Measles of tallow, Hamil toa's -brand, £31 17s Sd per ton.-Sydney Herald.

MELBOURNE MAEKETS.-EEBRDASY 24.

Fat Católe-Two hundred and three head, com

prising three lets, one lot of bollocks, of primequality, averaged at auction £3 3s each, or about7s per 100 lbs.- The other lots of heifers and bullocks, some of which were of good quality, sold atfrom 40s to-50s .each.

Store Cattle-A well bred mixed lot of cattle, 150

head, in very good condition, sold at auctionfor £135

; steers for joking sold at from 30s to 40seach.

Working Bollocks-One pair, bows and yokesgiven m, sold at auction, for £6 17s 6d.

Sheep-A mixed lot of 1,?00 ewes and wethers.sold at 3s 6d each.

Horses-About 17 were brought forward at the.weekly sale. The

following prices were realized :

A. useful draught horse sold for 14 guineas, saddle a»4 harneas horses from £iû to £13, and rough

. ifackafym 5 to 7 guineas each.Fat cattle of first rate qualitv, sold at rather im

... Çrov«d prices this week, bat the large Bupply hasi-Jcustdecreased; prices rate at from 6s to 7s per"

loo-ib*.Fat wethers still continue very plentiful, and good

xputiftgr seH at shout ld per lb.

Boree* were not so mach in demand this week;satas are very didi.

Working bullocks are very unsaleable.Mixed cattle are saleable at very low prices.

EBTTLEK'S YH0I£SAUS ¿UCB CURRENT,

Wheat, 8s Sd per bubal ; barky, 3s 6d to 3s 9d

Crditto; bran,.9d per ditto; «ata, 2s 6d per ditto;

y, £1 10s to £2 1fti; flo»r, «nest quality, P.P.

£10, V. D. L. £9 10B for AÔOO Ibs^ sasonds, P. P.

.4», V,D.X. £8 ljfcJVffto; Wtterípptí«d),.10dto ls per lb ; dJ^(fr¿bVj<« a**,pw ditto;efceeee, 4tf to 5d per ?&^m^M%»&Wfcpsr ion,

j

Wheat-The quantity of wheat coming into townj

isincreasing every week, and the average price ob

tained at the mills is 3s 3d;

rather more Las been

given for very superior samples.

MAILS.March 20, 1849.

Maila trill be despatched as under;For Great Britain, by the. Kingston, to London,

cia Cape Town, on Wednesday, 21st instant, at-twelve o'clock ; by the Athenian, to Bombay.and Oveiland. on Wednesday, 2lst instant, at.three o'clock ; and by the Alice Maud, to London, on Monday, 26th instant, at three o'clock.

For Sydney and New Zealand, by the Pórtenla, to(

Sydney, on Monday, 26th instant, at twelve;

o'clock.For Port Phillip, by the Thomas Lord, to Laun

ceston, this day, at three o'clock.For Portland, by the LoMy Mary Pelham, to Port

land, this day, at ten o'clock.For Van-Diemen'* Laud, by the Thomas Lord,

to Launceston, this day, at three o'clock.for. Mauritius and Cape of Good Hope, by the

Frederick Iluth, to Mauritius, this day, atthree o'clock ; by the Sir John Byng, tothe Mauritius, this day, at three o'clock, andby the

Kingston, to Cape Town, on Wednesday,21st instant, at twelve o clock.

For East Indies and China, by the Athenian, te

Bombay, on Wednesday, 21st instant, at threeo'clock.

For Valparaiso by theGodeffroy, this day, "al

twelve-o'clock.

THE

SOUTH AUSTRALIAN.Adelaide.-. Tuesday, March 20,1849.

THE .SOUVENIR.

BY this vessel we have our usual files fromMelbourne to the 3rd, and from Portland tothe 12th instant. We publish elsewhere a

number bf extracts.

The latest news from Sydney was to the23rd ultimo. Our previous market intelli

gence was up to the 16th, which we publishedon. the 2nd instant.* Wheat at thât date was

¡worth3s to 3s 6d, and flour £9 10s. The

correspondent of the Melbourne Morning Herald writes from Sydney on 23rd February as

follows:

.

" With regard to the markets, I would observe that wheat remains stationary. There is

a large quantity of colonial in the market, for

which higher prices are asked, but. which themillers refuse to give, in ^consequence of advicesreceived from Van IHemenVÏAnd, Flour firmat last quotations. Cattle-boiling down es

tablishments bvsy.f i price ,25s to 45s; . a smalllot. from Shidgee, in fine condition and care

fully driven down, fetched 55s. Sheep, 3s to4s 6d-none good. Maize has declined in

price, large quantities having arrived-3s 6d is

about the present average."

COMMUNICATION WITH THENORTH ARM.

Two of the Adelaide journals, the Gazette

and Mining Journal and the Times (their

proprietors being shareholders), are advocates of the Colonial Railway Company,and are opposed to a terminus at the abovenamed

"

splendid harbor;

"

two others of

the Adelaide journals, the Register and

Observer, are incompetent or afraid to givetheir opinion ;

so that this journal is left

singly to fight the battle of the colonists.

On Saturday the Editor of the Gazette

and Mining Journal proclaimed trium

phantly, "that the Government have determined to interpose no obstacle to the

modified DEMANDS preferred by the Rail

way Committee. The scheme of a direct \

line to the North Arm, if ever it was se

riously entertained, is now we hear defi

nitively abandoned," while the Times of

yesterday, in reference to the letter of a

*' Colonist *' in our last (the «tyle of which

by the way- we doc not by any means

defend), which, advocated the North Arm,makes the following somewhat more mo

dest statement," Whatever a

* Colonist '

may think of the North Arm, it affords us

some pleasure to learn that the Govern

ment is not of his mind, and that some

official announcement to this effect may be

dailylooked for/'

Now, it may sound rather odd, but we

candidly confess our entire .disbelief in theabove statetttents.. We believe there is

truth in the implied assertion, that thcGovernment have committed themselves

in any shape -as approving of any projectwhich overlooks the North Arm.

Are our contemporaries aware of what

has been in progress for some time past ?

We shall tell them. With very little exertion

and at atrifling expense, three thousand

colonists, of whom upwards of two thou

sand reside in Adelaide and Port Adelaide,and seventy masters of vessels of all sizes

in Port Adelaide, comprising nearly thewhole of those who have visited the Port

during the last three months, have signedpetitions to his Excellency the LieutenantGovernor, praying him to open up without

delay a communication with the North

Arm, in order to its being made the centre

of the harbor. His Excellency has for

some time been aware of this movement.

Last week he appointed Thursday next to

receive a deputation of owners of land,owners of

ships, shipmasters, and others

favourable to the above object, who propose to wait on bim in order to presentthe petitions. Now from what we knowof 'the anxious and painstaking style in

which his Excellency has treated this mat

ter, and of his courtesy to tine proprietorsof land and others interested in the NorthArm, we hold it ùnpossîble |hat he could

have foreclosed the one«£on in any way,much less than he o$nld have done any;thing hostile to the North Arm interest.

In our next we shall be able to publishthe result of the deputation with the petitions above-mentioned, by which time we

trust the whole of the mystery will be

cleared up.

COLONIAL LABOR OFFICE.

THE, plan fqr constituting a Colonial LaborOffice which we publwhed Tasi" wee¿7judging from the number and respectabilrty of sigittsuwis. attached fe it, has beenhighly and generally approved? of ;

and a

meeting is to be held to-morrow, at llo'clock in the Exchange, to nominate a

committee for carrying it into execution.We take this opportunity to recommend

the scheme to the colonists at large, andto urge them to co-operate with the com

mittee by at once communicating withthem as to the number and description of

persons they can employ, and stating howthe people can reach their respective stations or residences, and other requisiteparticulars. This Scheme has been pro

posed from purely benevolent motives, andis we believe eminently calculated to promote the interests of both employers andemployed; but in order to render it effi

cient and useful, there must be inmediateand active co-operation on the part of all

I who wish to benefit by it.

THE AGRICULTURAL AND HORTICULTURAL SOCIETY.

ON Thursday last several members of theSociety met for the purpose of electing a

committee for the ensuing year, but before

proceeding to business, one of the gentlemen present inquired if the Society had

any constitution. To the surprise of mostj

present, the secretary answered in the ne- !

gative. Of course, it had no such thing.The constitution of the original Societywas despised, and the seceders forgot to

frame a newrone. The meeting consideredthat before they could proceed to business,it would be necessary to remedy this defi

ciency. They accordingly nominated a

committee, consisting of Messrs. Anstey,Bailey, Davis, James, and Stevenson, toframe rules and regulations for the ma

nagement of the Society, and to report to

another general meeting. This is a stepin the right direction, and it is a thousand

! pities that such a common-sense plan hadnot been adopted several years ago.

. Tlie "Gwtte »mi fining Jmnufr al "8»tart»ygive« falKpaKiáíbt» of "latest- Sydney maritétenp tbthe "10th Fè&nury."

^

SUSPENSION OF MR. WATSON, THE¡CHIEF CLERK OF CUSTOMS.

j

THE following letter which «we copy from a

contemporary, indicates that his Excellencyhas determined to give Mr Watson an opportunity of vindicating himself from the chargesmade against him by Messrs; Torrens andCassels. There may be, of course," in Official

phrase, a compromise of dignity in this, but if

so, it is abundantly compensated by the gene*I rous love of fair play which the step displays.I It is the mark of a great and good man not lobe deterred by false pride from retracing-* step

j

which leads toinjustice.

North Adelaide, 12thMarch, 1849.

Sir-I beg to acknowledge the receipt of yourletter of the 9th instant, informing me that

"

his

Excellency is ready to receive my defence and mysubstantiation of any charge I may have to prefer,which will then be referred to the Collector for

report, after which such further communicationwill be made to me as circumstances may require.''

In reply, I beg to return my grateful acknow

ledgments to his Excellency for affording me anyopportunity of making my defence against thecharge made by Messrs Torrens and Cassell, whichhave formed the ground of my suspension fromoffice.

I would respectfully beg to be made acquaintedwith the mode in which the proposed investigationis to be conducted.

'

~

\

Mr Torrens has brought spécule complaintsagainst me, and I presume bis Excellency, -will

order him to prove them in the first instance. MrCassell has declared the department to be in a stateof disorganisation; and if that really be the met, it

should be established that it has either Wholly or in

part been caused by my official conduct.

I have denied Mr Torrens's charge ;and if Mt

Cassell's charge is understood to affect me, I deny it

with equal emphasis. When these gentlemen haveadduced such proof as they consider necessary to

support their charges against me. it will then be vç\p

duty to rebut their accusation, and enter upon mydefence.

I do not understand from your letter that theconduct of Mr Torrens is to undergo investigation.I have merely been anxious to vindicate myself,and have no wish to step out of my way to injureMr Torrens. The charges I have been compelledincidentally to make against him have been merelyin self-defence, and not, as he states, from a wish to

"lower him ia the estimation of his Excellency."I am nevertheless ready, if called upon, to sub

stantiate every word of my statements in referenceto that officer.-I have, &'«, HESRT WATSON.

Boa. A.. M. Mundy, Colonial Secretary.

NEW SOUTH WALES.

The railway is engrossing^public attention in

Sydney. The Government have given a gua

I

rantee^Tor'Xwenty-nvè years J The works^wereexpected to coanneuce immediately.

IIn the Camden district the maize crop is

I

considered a forlorn hope, and many are cullingI

it down for their cattle, grass fast disappearing.In Bathurst new wheat, good samples, average

i from 2s to 2s Gd per bushel. The wheat andt other ripe crops appear to have been secured iai excellent condition throughout the country.

The petitions to the Queen and Parliament

¡

for an extension of the elective franchise havereceived a large number of signatures. Another

[ meeting was to be held on the 20th instant forthe further discussion of this important sub-

j

ject. i

At a dinner party at Capt Rossi's, GovernorFitz Roy exhibited a lump of gold, weighingtwo ounces and a-half, which had been dug

I

out of the earth at Ironstone Bridge, near

I Berrima.

The country betwççn Sydney and Goulburnis suffering much for want of rain, there beingscarcely any feed or water, and many cattlehave died. Beyond Goulburn the countrylooks better.

The Herald has bitterly assailed Mr W. C.

Wentworth, because the friends of that gentleman wish him to devote his time exclusively tothe political affairs of the country. It was

proposed to nut up the whole of bis extensive

property by lottery, in order to clear him fromall embarrassment. It was estimated at £-60,000,and if the lottery took place, a further drain

upon the Savings Bank of £10,000 was anti

cipated. The Governor was about introducingan Act to prohibit lotteries.

The export trade to New Zealand was ex

pected to be brisk. Business is reported to be

flourishing there, and money plentiful.We this morning present our readers with

the Herald, printed on the largest sheet thatthat has ever been issued from an Australian

press, and the arrangements that we have madeenable us to assure our readers that during the

sitting of the Legislative Council, or at anyother period when a .press of matter may makeit desirable, we shall issue a double paper,without any additional charge. This will befound more particularly advantageous, when a

large humber oTofficlaf documents l^liM^fore the Council, lt is

only just to an intelli

gent mechanic, Mr Fuchs, of Clarence-streetthat we should express the obligation undeiwhich he laid the proprietors of the Heroicby manufacturing for them a printing machinesufficiently large to print the sheet now beforethe reader. The machine, which is a highljcreditable piece of work, was entirely made ii

Sydney, the castings having been procuredfrom Mr Dawson, and all the rest of the wortby Mr Fuchs and his men. It is what is com

monly known in the trade as a"

Belper" ma

chine, in which the type remains fixed on <

table, and a heavy cylinder, round which by ai

ingenious arrangement, the sheet of whinpaper is secured, rolls over the form, and is delivered from the machine with a perfect ira pression. At present the rate at which it can bcworked does not exceed seven hundred sheet

per hour, but when the working parts beconvmore smooth, and the men more accustomed U

it, we have no doubt it will turn out a thousawsheets an hour.--Sydney Morning Herald

February 24.

No candidate for the representation 'of th

county of Cumberland has yet declared himselfbut it is understand that some friends of Mi

Fitzgerald have got np à requisition to bimand that he intends to accept it--Ibid.

THE ELECTION. - Mr William Macarthuhas been returned a member of the LegislativCouncil for the district of Port

Phillip, as sue

cessor to Mr Williamson. There was extreme!little interest displayed in the election at any o

the polling places, and the number of vote

recorded were-at Geelong, for Mr Macarthu67, fer the Duke of Wellington none, for MFawkner mme

;at Melbourne, fer Mr Macar

thur 5, the Duke of Wellington 9, Mr Fawkne

none ; at Portland, for Mr Macarther 8, MrFawkner 1, the Duke of Wellington none.

Portland Gazette.

LOCAL àWS.

CONSECRATIONS.-On Sunday March 13, theLord Bishop of the diocese performed theservice of consecration at St.

Mary's Church,on the Sturt, and afterwards preached to a

large and most respectable congregation. TheVery Kev. Archdeacon Hale, and the Kev. T.Fulford, bore part in the services of the day.The church, having accommodation fer 130persons, Ls exceedingly neat, and a very com

modious parsonage house is nearly completed.The collection amounted to £10 Os 8d. Inthe afternoon His

Lordship, assisted" by the1 Kev. Mr. Fulford, consecrated Christ Church.O'Halloran Hill, and delivered a sermon afterthe ceremony. The sum collected was rather

j

more than £14. This edifice is somewhatsimilar in appearance to St. Mary's, but more

lofty and a little broader. The number ofseats appears about the same. The congregation there was very large-indeed more thanthe building would

comfortably admit ; it included many who had been present at themorning .service. This church is more com

pletely finished than the other, which maypartly 'be accounted for by there being at

present no necessity for aparsonage, the Kev.

Mr Fulford having charge of both districts.William Bartley, Esq., attended bis Lordshipon each occasion as Registrar of the diocese.The Churchwardens of St. Mary's are CaptainBoucaut, H.C.S., and W. H. Trimmer, Esq.,and of Christ Church Major O'Halloran, M.L.C.,and A. Hallett, Esq.

DABING ROBBERT.-On Saturday last, threevillains entered the house of Mr Townsend, on

the Torrens, and finding nobody in but MrsTownsend, threw a feather bed over her, andnearly smothered her to death. They robbe dthe house of all the money they could find, about¿610 and a gun, with which

they decamped.A policeman shortly, afterwards arrived, andfound Mrs Townsend black in the face, almost

'breathless. Three men, answering their description, were afterwards arrested, and will bebrought up to-day for examination.-Times.

WHOLESALE MURDEKS.-The Thomsonsarrived on Saturday last, bringing a settlerfrom Tatiara, named James Brown, a prisonerip charge of Police Constable Farrell, fromGuichen Bay. Brown was fully committed byCaptain Butler, on a charge of murdering fiveblacks. The evidence is

chiefly aboriginal,but it is said, to be

fearfully conclusive. Thebodies were burnt after.the murders, and a

box full of the bones are brought to Adelaideto be produced in evidence. The prisoner,however, will not be tried during the presentsittings, as the necessary witnesses have notbeen brought in.-Ibid.

[So far from being fearfully conclusive, we

understand the only evidence is that of one

native, who states that he was not presentwhen the alleged murders took place ;

who at

first stated he was unable to recognise the prisoner as one of the parties seen by him near

the place where the bodies were found, andafterwards gave very contradictory evidence.The prisoner is an old colonistt and highly re

spectable, and any attempt terprejudice public !opinion against him is to be deprecated. The

prisoner will be brought up this day on a ,

habeas corpus, and will probably be dischargedj

on the ground of informalities iu the warrant

of commitment.-ED. 8.AUS.']

MUTINY.-Four of the late mutineers on

board the JElizaheth, have been sentenced sum

marily by Captain Butler, at Guichen Bay, tothree months imprisonment each, with hardlabour. The prisoners arrived on Saturdaylast by the Thomsons, ia charge of Police Constable Farrell.-Ibid.

HORSES.-One hundred and twenty horseshave just arrived, and we perceive that theyare to be sold without reserve by Messrs. E.N. Emmett & Co., on Saturday, the 31stMarch, at the Government Yards. They are

principally of the J. T. H brands, and fromwhat we hear are a very good lot.

BAZAAR IN AID OF THE FUNDS OF THE CATHOLIC CHURCH.-We beg to direct attentionto the bazaar which takes place this day, ateleven o'clock, at Messrs. Marks new premises,near the Auction Mart Hotel. The friendly

feeling among the various religious bodieshere, which has been long the theme of praise,will not, we trust, be wanting on this occasion.

SHARE MARKET.-Burras, £148 sellers, £145buyers-cash. No sellers on a short credit

sellers at twelve months. Paringas, 30s, at sixmonths. Belvidere*, £7 sellers. £6 buyerscash. Port Lincolns, £4 4s sellers; Royals,12s ; Mount Itemarkables, sales at £9 ; NorthKapundas, £2; Princess Royals, £13 cash,£20 three months.

SUPREME COURT.

Friday, Marek 16.

ECCLESIASTICAL SIDE.

Zn re Robert Williamson.An order for management was granted to the

curator of intestate estates on the application ofU r Fisher. Deceased vos a wood-cuiter residing

jst l»efeyre's Pernotóla.

CRIMINAL SIDE.

Michael Dignam and Theodor Latidm&nn were

severally sentenced to six and eighteen montos'

imprisonment witb hard labor; the former for an

aggravated asseoit, and the latter for obtainingmoney under false pretences.

Ngarkalta a Port Lincoln native, was chargedwith feloniously assaulting Charles Goldsmith, bywounding bim with a spear in the forehead.

The Rev Mr Shurmann, Lutheran minister,actedas

interpreter. The prisoner was defended by.Mr Fisher, on the part of Mt Moorhouse, the

protector of the aborigines.The prosecutor stated thet he had charge of

Mr Mortlock's sheep in June last. The prisonerwith other natives came to the station several

times. On the 16th they speared several sheepbefore the hut. They surrounded the hut, and

some labras told witness that the blacks were

spearing the sheep ; witness went out, and pris/ner threw a spear which touched the hat of

witness. The latter weat in for a gun, and the

prisoner threw another spear which struck him in

the forehead, inflicting a wound. Witness turned'

round, and received a spear in the thigh from

another black, named Jim Brown. Witness fired

and shot one of them in the legs. The prisonerthen threw another spear which missed witness,and, assisted by two others, carried away a sheep.Witness received those wounds in endeavouringto protect his master's sheep.

By MrFiaher-There were twenty-five or thirtyblacks there together; was quite sure (be prisonerwas one of them, as' he had stolen some things !

belonging to witness a day or two previously ; ;

the prisoner intended to killwitness, tor he said,

M You white follows plenty me ktllem you. whatj

for yon no nanny (sheep) give m. plenty me;

stealem aanny/*^j

a

After a few words from - counsel on both sidas»hts Honor summed up, and the jury, without re- ?

tiri tig. found the prisoner guilty of wounding withI

iuteut to flo «ame bodily grievous harm» !

seuteoce-I"wo years' imprisonment with hard I

labour, I

[Th e remaining proceedings of Friday & Saturday ]

for want of room, will appear in our next.] I

Monday, March 19.

Edward Harley was placed at the bar, bat no

witness was forthcoming to hts character.Hi« Honor, as he was not known to have com

mitted any other Offence, passed a lenient sentence-Six months' imprisonment.

Richard Vaughan was brought np for sentence.Mr Walker had hoped to produce witnesses to

character.His Honor thought it needless. There was no

attempt on the part of the Crown to charge de

liberate or habitual malice. He addressed the prisoner on the importance of controlling the passions,and trusted his present situation would ?operate as

a warning. He had already been in gaol for threemonths, and the sentence of the Court was, that hebe further imprisoned for a like term.

Case of Cooper, alias Jones.Mr Bartley applied that the" objection raised by

Mr Fisher to the indictment should be folly arguedon an appointed day.

His Honor would fix Tuesday, (this day,)should have had no difficulty -had the jury mundfor the simple larceny, and he wished-to know howfar the Court was bound by the verdict. .

Mr Bartley requested that a later day might befixed. He had such a press of business in other

«cases, that he had no time to prepare for theargument.

His Honor could, if he pleased, respite the judgment till his Honor Judge Cooper returned. (MrFisher, urging haste)-He did not in this in

stance at all regard the liberty of the subject; ifthe man had his own, he would, no doubt, be a

prisoner for some years.Friday at nine o'clock was eventually fixed,

being the day already appointed for thelegal argu

ments on the civil cases.

Case of Elizabeth Topsfield.Mr Poulden applied for an adjournment of the

trial on a certificate from Dr. Davis, but was told

that the presence of the doctor, or his affidavitwould be

required. About an hour afterwardsMr Poulden pnt in an affidavit from Dr Davis,certifying that the woman had been recently con

fined, and that it would be dangerous for her to

quit her roam. On this the learned gentlemanmoved that the recognizances should be enlargedtill next sittings.

The Attorney-General said the case had alreadybeen put off from day to day; perhaps she mighthave been able to have attended some days ago.He knew she bad been out to Bowden.

Mr Poulden-She was then intending to come

here, but was too ill to proceed.His Honor could

only, at present, adjourn thecase to the end of the sittings.

John Hallam, forlarceny, John McLusky, for

cattle stealing, and William Flinn, for larceny,Were severally arraigned, and pleaded not

guilty.

Bridget Joyce, for an assault, was called, butdid not appear.

Maria Hinch pleaded not guilty to the charge of

stealing from theperson of Thomas Croome the

sum of £14 18s 24»Hn notes and money, on the25th February, at Hindmarsh.

Mr Walker said that Mr Stephen, who was tohave defended her. was not in Court, and wishedher let out again on bail.

His Honor said this could not be. She mightstand aside for awhile, but her bail had renderedber. and she was now in custody of the Court.

She was than removed from tile bar.

John Hallam was nest brought op, charged withstealing an order, value £9 5s, the property ofDavid steadman, at Port Lincoln, on the 3rd ofDecember.

A second count yaid the order as a piece of

paper, value one farthing.The prisoner said he had engaged Mr Stephen,

who was not in attendance.His Honor said he should have seen to that

before. He was then on his trial.

Prisoner had done all he could in engagingcounsel. It was hard his liberty should be thrownaway through hts not attending.

Mr Smith believed it was his mult; he hadtold Mr Stephen there was no chance of the case

coming on, and he had gone out of town.His Honor (laughing) observed that the only

refractory part of the Court was the bar. On en

quiry, it appeared that Mr Stephen was engagedfor the other prisoners who were brought up fromthe gaoL

The Attorney-General asked if any ©ti^er gentleman would act for Mr Stephen. r,: ;¡s^^*

Mr Smith volunteered, and the trial |ëat*aedèd.The Attorney-General informed the jury that

the order had not been found ; the prosecutor had,in the first instance, suspected omer parties, buthe believed the guilt would be conclusively fixed

on the prisonerDavid Steadman-On Sunday afternoon (3rd of

December), met prisoner on his way to Owen's

public-house, at Port Lincoln, and had some con

versation with him; he put his hand in witness's

right hand pocket, and took out a piece of paper ;

had not seen it since ; the piece of paper was an

order for £9 5s, witness's property, drawn by MrDunkin on Mr Elder.

Mr Stephen here entered the Court, and declaredthat he had been so very ill. that he could notcome before; he believed he should be able, how

ever, to go through with the case. He thought theorder should be produced.

His Honor-It appears it is lost, and was last in

prisoner's hands.Mr Smith submitted that the prisoner should

have had notice to produce.His Honor observed that this seemed contrary

to common sense.

Mr Stephen cited in support of the point, Attor

ney-General v. Le Merchant, 2 Term Reports, 201,ft was there said that the rule referred to criminal,as well as civil cases;

"

-"

His Honor said it was contrary to another roleof law to allow a man to take advantage of his own

wrong. He had a great respect for common sense.

and could not think that a man could avail himselJ

of the wrongful possessionof a paper. The rule

applied only where a person had somejalleged rightto possession. (The case cited was handed to him.]It seemed hardly to bear out the objection. Tbe

papers there in question were in the hands of the

defendant, under an order from the Lord Chancellor.

Mr Bartley cited cases bearing the other wayBex c. Akers, 1 Leach; Rex v. Moor, 6 ditto.

His Honor overruled the objection.Witness proceeded-An order was drawn in

Witness's favour; prisoner took it from him; it hadnot been paid at the time.

By Mr stephen-Was not intoxicated; hadwalked two and twenty miles that day.

His Honor- I cannot hear a single word you say(witness spoke through his nose.)

Cross-examination continued - Had endeavoured

to cash the order, but could not get change.His Honor-That has norning to do with itContinued-Wentto Swaffer's, butdrank nothing

was not turned ont of die house by Bamford, thc

tailor.

(The tintinabulary voice of this witness made lui

evidence very tedious. His answers had. to~ bVrepeated three or four times before they were "under

stood, and generally at last bore no reference to thi

questions.)Continued-Did not accuse .Bamford of stealing

the order ; prisoner took it in a thievish manner

asked him for it again, and he said he had not goit; went on to Mr Owen's, who asked if he haccashed the orfer; told him he had lost it, and howcould not say he told him prisoner, .took it;,did no

tell a man named Richmond that he had. lostorder, but would-stop it.

-

George Richmond had seen prisoner afc Port Lincoln it December ¡ Lad a conversation with him oi

the 5th; told lum Steadman accused bim ofsteting

his order of him, that it Vas of.fcô ose to any butSteadman, and if he had it he had better give ithack,* he pulled ont several papers, saying,"ThereisSteadman's order," he then put them into his poolesand walked away.

By Mr Stephen-Gould not say how be came to

put so much confidence in him ; he might have treatra joke as they were all drinking and talking aboutthe order; could not say who the jovial fijDswsfwere before whom this passed; there were severalfrom the bush chaffing Steadman about his loss;prisoner

did not open thepaper ; there mightlkavo

been one or several;

whatever it was it was doubledup ; he held it up, and «aid,

" Here's Davv^s orderthere was a good deal of joking and tangoing JpN$.on ; on the day' prisoner was apprehended, «atamán said to witness he had lost the order but weallstop it.

By the Advocate General--At the time prisonershowed the papers no one bot themselves- was

present; it was outside the house; the chafing wasinside a minute or two before.

Henry Walker Owen (a boy) had seen prisonerwhen he was in gaol ; had been sent to hnn with,his breakfast ; he told witness to tell Gebirge (IssVwitness) that if he did not

'say he was draak bewould knock his other eye out for him

(RidansBfnl.has bat one), and that he would get lum sis inoBBssas well as tiitwEplf

Other witnesses subpoenaed for the Crown, were

presented by the Advocate General for cioss-ex*-'

animation.

George bamford-(By Mr Stephen)-On Oe dayin question prosecutor and Richmond came tesasshop to buy a handkerchief

; gave, one to StesshiflHiwho handed him a £9 5s order (deseribsd^it^fcould not give bim tibe whole cash, but oftereàVfeinBla

part, which he refused ; returned -him the^aAsr'and he went away with Richmond ; he had passedthe order into his pocket,- or apparently BO, lastwhether it went into the

pocket or down the trousers he could not say ; with brosdfall trousers it

plight almost as readily go one way as the oftaf;if the latter, it would slip down upon the groeaflgin about five minutes he and Richmond retaraed,hesaid,

"

Give me my order, that is all X want??,said,

" Do you mean to' say that I have got yearorder ?" he only repeated what he had before md.;?told him to overhaul his pockets ; he would net de

so ; asked him to let his mend Richmond MT rulla al

them, but he would not suffer it ; he thea westdown on his knees and polled out what

papers feehad and laid them on the floor; one was. a .£14.order ; he appeared to be very much in

Ihjnotr ; feeand Richmond then went off together again; fitlowed them, and they went as far as Owen's

pjafelichonse; looked for the order outside tldnking, itmight have been dropped ; prosecutor repeated tfaathe had only been about there and had lost his order -

he then went into Owen's, where he lodged;..This was the case for the Crown.Mr Stephen observed that the first count waaMawftt

sustained, as the right to draw the order ead die'

liability to pay had not been shown. Tin secondvalued the

paper at a farthing, which it wa» wotworth.

His Honor thought that even on its merits ftecase could not stand. The prosecutor had clearlygiven two accounts of the matter.

The Advocate General thought there was amaghto go to the jury, but would not press it agamstfesHonor's

opinion.His Honor remarked that the whole rested aw the

prosecutor's statement, and he had not only dadsdoable statements but had been proved to feelatoxicated.

Mr Stephen trusted the jury would be so chargedthat the prisoner would

go out of court with un

blemished reputation.His Honor (laughing) was afraid there were very

few unblemished reputations went out of that eoarfc.Sir Stephen-He has been in gaol three mentira

already.The Advocate General would abandon the esse ä

his.Honor meant to charge thejhiry to acquit.

His Honor did not -intend doing so. fie slnoUleave it to them.

Mr Stephen briefly commented on the inconsistentnature of the

testiaioay.?

Mr Bartley observed, that the jury had e£ul tibi

sworn testimony of the prosecutor, and ala» tint olthe boy, who deposed to what the prisoner had asidin gaol.

His Honor said the first count vras not supportedThe jury would only have to consider the secondand, as was not unusual, must weigh the evident*

oftheprosecntorsgainstthewitaesses. Onepoiuthsinot been

noticed, that another order was in proseentor's poeket, and how was it if the prisoner pat Iii

hand in and took one that the other remiüaB&The evidence of the boy was

unimportant,ss it «a

not shown that prisoner inspeaking of Bich ssnni

had referred to tais case Then they mast jsetsathat the prosecutor had not, as he would profasSh.hare done had the order been taken, pursued tbmater at the moment, but gone back to Bamfbnhshop and asked for it. They had beard the evideaoand would find their verdict accordingly.

Thejury, without leaving the box, acquitted ft

prisoner.The money found on him was ordered to be

gives"P-

_

Li the case of John Brown, charged with th)murder of some natives at Guichen Bay.

Hr Fisher moved for a habeas corpus, to bring a]the prisoner on the ground of an informality ia ftwarrant of Captain Butler, on which he liad bee

.committed.^ J

?

! The warrant was certainly a curiosity in Hs wagand occasioned some amusement in court. Xb wa

¡for killing and murdering "several"natives, fe

"

shooting about in October,'' and stated iwffl»1 time nor place. There was no

certainty, and Öprisoner might have been pheasant shooting.^

His Honor-I am afraid the only eertsmfcy i

that I must grant the habeas. I really wish Oracould be a little more care exercised.

Granted.

Edward Simmons, alias Edward Mttisrd, sn

charged with bigamy.He pleaded not

guilty, and was defendedfey 1

Milner Stephen.Hr Stephen applied to have all the witnesses, ea

! cent official ones, removed.I Joshua Harwood, carpenter, stated that be ka*

the prisoner between six and seven years ; fee sa

then residing at Freemantle, Western AajsfeffBI the .prisoner-, was ¿a> blacksmith, and tjKSf^fM.name of Minardi he lats ïraeinantierasBi «

years ago; he went as a married maa; hefisiwith a woman whose family name was Dient; winess saw her in this province.

'

;

A. M. Mundy, Esq., Colonial Secretoiy-Beosifsome documents from the authorities at WesteAustralia ; they were authenticated nader fte et

of the province; the seal on No. 1 wastisttafjGovernment of Western Australis

;it was-mosj

of theregister of marriage. ,,- «

Mr Stephen objected to thb dawnnentlieiagiceived in evidence. It was neither

the'sa^jtetor.marriage, nor an authenticated copy of ifc

~

Ïlearned counsel in support of his objection, calWalker v. Countess of Beaachamp, 6 Cbs^ a

Payne. A copy must be proveed on oathfey 1

party who examined it. .

I

Mr Bartley contended that the seal of fte Cvernment

sufficiently proved the authenticity of 1: document.

His Honor said that Mr Stephen's view of 1case was the regular way of proving marriages.Hr Stephen objected to the authority «fiRegistrar General of Western Australia, to^i?certificate, which could be taken as evideaee m*

j

courts. He was sorry the 'Government shoald fe?

been put to so much trouble. It was .evidence,doubt in Western Australia.

J*

His Honor-And here._

Mr Stephen-Here !

*"

His Honor-Yes-I will tell you wfey.ss/3by.

Mr Stephen thought it monstrous thj&ftaljB]lative Council of one colony should

maloBjkawaJanother. There was but one way of pu»jagcase, and it was very^sinole-^e produéltiowÂ

'

register, or sn examined copy proved ÍMñr>jBoath of the party who had examined it. Bslflhere cite toe case of deader *>. Barry,

1

where aa examined copy of a jnggh^m&pl^Amlttassdor^g Chapel at «ri«, was ne* ls»sf«evidence. V

'