To Mr Hesketh. —He had been convicted ' tbat day of carrying rum, and the fine had ' been paid. ! At the termination of this witness's exa mination, Mr Hesketh drew attention to delegation to the Collector of Customs. J It only referred to the port of Auckland, and had do bearing outside. Id that case ' MrMcKellar had no power or authority to ; lay the information. His Worship pointed out that if this re. ■ hearing was to be invalid,the former aentence ' would immediately revive- The Commia- ' Bioner could delegate his powers to any per son other than an officer of Customs, but ' that an officer of Customs did not require to produce bis commission or delegation, ac- '. cording to clause 211. ; Mr Laishley pointed out that, according to the 214 th clause, it was unnecessary to ' put Mr McKeller in the box at all. The I averment that he directed the prosecution ' ■was sufficient, and any evidence of delega- ' tion was unnecessary ; but having put it in, ' le areued that it was sufficient to meet the ' objection raised by Mr Hesketh, and ' quoted the second clause of the Act in gup- ' port of his argument ; His Worship said it seemed to him that • the object in putting in the delegation was, ' tbat it was within the knowledge of the ' Court that Mr Hill was the principal officer of Customs here, and that the delegation to ' Mr McKellar was put in to show he had : authority to; lay the information, so as to ! meet any objection which might be raised. In this case, it was clear that the defen dants came under the 211 th clause, having I been brought down in custody. The Court then adjourned till next morn. IDg" THIS DAY. The case was resumed before Mr Barstow at 11 a.m. to-day. William Wilson-was re-called at the request of Mr Hesketh. The two prisoners divided the money, received from Morton in his presence. When they left witness's house they did so with the intention of getting the grog and bringing it back. That was why they took the bags. Their inten tion was to pack the grog on their horses to Lucas' Creek. The reaion why. 