To the Editor of the Hawke's Bay Times.

Hawke's Bay Times, Volume II, Issue 58, 7 August 1862, Page 3

To the Editor of the Hawke's Bay Times.

Sir, —In the Times of Thursday last, your reporter lias fallen into an error, which I shall be obliged to you to correct. The report of the case J. A. Smith dj- Co. v. Scaly states : —“ The case stood as to whether the seed was good or bad, and Messrs. Smith, Janisch, and Watt, gave evidence in support of the Plaintiff's case.” Mr. Janisch admitted that the seed was bad, although he did not know it was so when he sold it. The other two gentlemen named in the report gave no further evidence as to the quality than that they did not know it wars bad, and had not tided it. The real question at issue was wdiether I was bound to pay for seed which w r as undoubtedly bad. This was decided against me, but I wall not trouble you with the arguments fro and con. ; :;,.one circumstance connected with the case is worthy of notice, if only for the novelty of the proceeding. The facts wall speak for themselves, and render comment on my part unnecessary. When the case wms called on, I submitted that it could not be heard, on the ground that it had already been referred from the Court to arbitration, with consent of the Bench, and of botli parties ; and I stated the circumstances at some lengl h. The plaintiff, Mr. J. A. Smith, replied to my arguments ; and the three magistrates then present retired to consider the validity of my protest. After they had so retired, a Magistrate who was the Arbitrator named by the Plaintiff, entered the Court, and having spoken to Mr. Griudell, the Clerk, he passed into the Magistrate's room, and apparently took part in the decision, although he had not been in the Court to hear the grounds of my protest; and subsequently, when the Magistrates decided to hear the case, the same gentleman persisted in sitting, notwithstanding that I objected to his doing so, on the ground that the plaintiff had already put the case in his hands as arbitrator. I am, Sir, Pour Obedient Servant, H. B. Sealv. Napier, August 4, 1862.