place where they were was near the companion; the captain usually employs the officers to put men in irons; I thought the master had quite assistance enough without me, which is the reason I did not come down from the mast-head before he called me. Howland was not accustomed to behave as a seaman ought.

James Caldeison—Is second mate; was present at the beginning of the disturbance; heard a part of Howland’s most insulting reply; I did not seize him; master directed me to go to the cabin and arm myself; after I had done so I went to the forecastle; did not know who struck me; the Captain ordered me to arm myself, and furnished me with a cutlass; he desired me to bring the man up, when the rest of the prisoners refused to allow him to come up; went twice to the forecastle—the first time not armed; did not use the cutlass; observed among the prisoners an axe, but saw nothing more before I became insensible; afterwards saw a mincing knife in the hands of some one in the forecastle; cannot give further evidence; do not know why these men in particular were selected to be put in irons.

Cross-examined—The master took hold of Howland by the middle; saw no belaying pin; do not know where the third mate was; he was furnished with a cutlass at the same time as myself; do not know who gave me the blow, nor whence it came.

By the Magistrates—I simply obeyed the Captain's orders.

William Walker—Am third officer of the Jane Eliza; the first thing I took notice of was, that Isaac Howland and the master were entangled with each other; the scuffle might continue a few seconds; the prisoner then ran forwards; saw the Captain go down into the forecastle; Isaac was ill ere at the time; the Captain ordered me to go to the cabin and arm myself after some conversation, which I did not hear; I did not leave the cabin at the same time with the second mate; when I went forward he was down in the forecastle; called after him three times; looked down and saw him in a gore of blood; he was lying down; several persons were making towards him, and there was a mincing knife among them; the first I distinguished was Young; did not see who had the knife, but there was one among them; my attention was fixed on the second mate; I endeavoured to prevent him being injured; was not ordered to go down; was afraid of my life; I would not go down; the Captain ordered me to arm and go down, but I did not go down with the second mate because I was afraid; he went out of the cabin unknown to me, which was the reason I was not with him; that was not at that time, but remained over the scuttle, and put my cutlass down to prevent further consequences; a person can stand upright between decks; heard the Captain come forward the second time and request the men to get Howland up; did not hear the answer; helped to put the prisoners in irons; it is the duty of the men to obey the orders the mates receive from the master; there was no boat’s crew much at night; do not recollect who had charge of the watch; Howland is sometimes in my watch, sometimes not, there being two watches and three officers to take charge of them.

Cross-examined—Saw Howland kicking at the master, who had nothing in his hand at the moment; cannot say whether he had afterwards; was not looking the whole time; did not go to the master till ordered; was not required; the men were not exactly peaceable, rather, indeed, the reverse towards me; did not report their behaviour to the Captain as I wished to keep peace and quietness; saw the Captain go into the forecastle, and heard a noise, but not what was said; know the mate was there; was standing over the scuttle; did not think that the Captain required assistance though they might injure him; did not go to assist him; I was ordered to get arms; cannot say whether, if the second mate had gone without a cutlass he would have been wounded; swear positively that he was wounded when I saw him lying down, and a few men were on him; can swear to only two of them—Isaac Howland and Alexander Young; did not observe an axe among them; can swear that I had not power to make a full blow from above; the position of the place prevented it; I endeavoured by putting my cutlass down merely to protect the second mate; saw several persons entangled and over him; he got clear of them; can only swear to one rushing; I think they rushed with a view to injure him; he was lying down when I first saw him, and had not one arm outside of the scuttle; can swear that he was leaning over, and trying to escape when I put my cutlass down; he was lying down when I arrived; will not swear I did not make a second blow; saw blood before I made a second blow; saw blood before I struck at all; saw no blood about the forehead of Howland; did not see the captain push the man from the wheel.

Billy Williams, a New Zealander, was next called, and Henry Southey was sworn as an interpreter: I was below in my bunk when the mate was wounded, and saw what took place; Alexander had a mincing knife, no other person had; he had also an axe; I did not see the second mate strike any one.

Cross-examined—Alexander had one in each hand; have had no conversation with the Captain since; none at any time; Alexander had an axe in the right hand and one in the left; he struck the mate with the left hand; struck him with the knife; Alexander was behind the second mate and struck him with one blow; mate was on the floor with an arm elevated and bent when Alexander struck him; the third mate was above.

This Witness was again cross-examined by Mr. Muir in his own language, and he stated that the five prisoners were all there but only one struck. The rest of his testimony was the same as before.

Herman Muirs, a Dutchman, was next sworn, but not understanding very well the English language, it was with difficulty he could give evidence—the substance of it was, that being below he saw Isaac come down and the master after him with a belaying pin in his hand, that the other prisoners would not suffer Howland to go on deck; that the second mate came down armed with a cutlass; the men shifted the ladder away; he stated, also, that he saw a mincing knife among them but saw no axe; that the men set upon the mate as soon as he got down, and that he could not tell who cut his arm although he was standing near.

Being cross-examined he said that John Allen, Simpson, and Winburn were at the time in the forecastle; that there was great confusion at the spot; that he saw the man’s face bloody; that the prisoners had to force the cutlass away from the second mate, and that being frightened, he did not observe all their proceedings; he could only testify to the presence of Yanna and Barnett.

The next called was another New Zealander, whose name we could not distinctly hear, and whose evidence was of little worth. Here the evidence for the prosecution ceased.

For the defence, the last witness called was Charles Lockwood—he was not on deck when the affair occurred; saw Isaac come down with a deep cut in his head, and blood streaming down his face and clothes; heard the second mate declare he would have the man up or take his blood; Captain said he would have him come up or knock his brains out; the other prisoners said he should not go up, unless Captain would promise he should not be abused, and would let him stay and wash himself from the blood; second mate swore he would have the man’s blood, and jumped down, the men having taken the ladder away to prevent him from coming; the scuttle is from 2 to 3 feet square; it was quite possible for a blow to be struck from above with a cutlass which should do serious injury; the third mate did strike such a blow; he saw the blow, and observed that it was the third mate who cut the arm of the second mate; could swear positively that the wound was received in this manner; was on deck, and could not see either knife or axe, and did not perceive any one abusing the second officer.

Cross-examined—Was sitting in the forecastle when Isaac came down; great afterwards on deck; I was kneeling on the scuttle when I heard the captain use very rough language; only recognised Barnett below; cannot swear that others were not there; to the best of my recollection Barnett was the only one below; I myself heard the Captain use that language; it was my watch; the second and third mates came at the same time one on the starboard side the other on the larboard; can swear that both came at the same time; the third mate was close behind the second when the latter jumped down the scuttle.

[To be concluded in our next.]

The Susanna Ann reached Sydney on the 2nd instant. She experienced on the passage very rough weather for four days, and carried away part of her bulwarks, but if she had not been a good sea boat she must have sustained more damage.—Commercial Journal.

HIS HONOR THE SUPERINTENDENT. The Statesman brings despatches for Mr. La Trobe, from the Right Hon. the Secretary for the Colonies, addressed to his Honor as Lieutenant Governor of Port Phillip.—This looks ominous.—Port Phillip Herald, June 23.

London was most splendidly illuminated on occasion of the Royal Marriage. The new Colonial Board appointed by her Majesty to apply the Wakefield system of colonization to the Colonies generally, consists of Colonel Torrens, Chairman of the South Australian Commissioners, and Messrs. E. Villiers and Elliot.

House of Commons—On the motion of Mr. Denison, returns were ordered of the number and marks of ships, with their tonnage, etc., which had cleared out of the Ports of London, Liverpool and Glasgow in the years 1838 and 1839 for the Colonies of Western Australia, South Australia, New Zealand, etc., and distinguishing those that touched at New Zealand, and also at any parts in South Australia.—New Zealand Journal.

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