Untitled

Hawke's Bay Times, Volume II, Issue 74, 27 November 1862, Page 3

To the Editor of the Hawke's Bat] Times.

Siu, —Permit me through your valuable columns to bring before (he public a very extraordinary case, with regard to “ justice ” in the Resident Magistrate’s Court at Napier. Last week 1 received a summons from M. Fitzgerald, Esq., to answer a charge of “ driving carelessly through the town of Napier with a lot of cattle,” &c., &c. After my case was fully heard, it was dismissed without costs; the Bench (Messrs. J. Curling and J. A. Smith) being quite satisfied that I used all possible precautions in driving the aforesaid cattle. Hereupon I made application for payment of my expenses for loss of time in attending the Court, and also in bringing two witnesses with me. Tlie Bench at this stage of the proceedings retired into the adjoining room, and on their return gave a verdict of Bs. damages, and Is. costs against me, which of course 1 had to pay. Now, Mr. Editor, I will leave the public to judge whether this way of proceeding is not a mockery of the law, and, in fact, a gross misconduct on the part of two Justices of the Peace. After this, there can be no equity in this place ; and further—if a member of council can undertake to prosecute a settler, while in the performance of Ins lawful occupation, 1 think it high time to appeal to his constituents for their opinion. 1 am, Sir, Your obedient servant, Hexky Alley. Napier, Nov. 25, ISG2.