Hawke's Bay Times. Nullius addictus jurare in verba magistri. WEDNESDAY, APRIL 5, 1871.

Hawke's Bay Times, Volume 17, Issue 985, 5 April 1871, Page 2

Hawke's Bay Times. Nullius addictus jurare in verba magistri. WEDNESDAY, APRIL 5, 1871.

Arrest.—This afternoon, William Hebberley was taken into custody on suspicion of having stolen a sum of monev from a man named McKay. The case will probably be heard tomorrow. Inclement Weather has again set in. Throughout to-day strong easterly and north easterly winds have prevailed, with heavy showers of rain. A Telegram of native news from Auckland appears in another column. The information sought to be conveyed, however, is very obscure. Eesident Magistrate's Court.— This morning before the Resident Magistrate,the individual named Campbell, brought before the Court, some days since under the influence of delirium tremens, was again brought up. As he was reported by a medical gentleman to be now in his right mind, he was discharged with a caution. Thomas Collins, bandmaster in the Volunteer Artillery, was brought before K. Stuart, Esq, J.P., and J. A. Smith Esq., J.P, on the information of Mr F. Sutton, charged with having, on the night of the 29th March, stolen certain bottles of beer, valued at ,£2 12s, Mr Lee appeared for the prosecution; Mr Stedman for the defence. The Court was well filled, as the ca«e excited considerable interest. Mr Lee, in opening the case, said it had not been brought forward with any vindictive object, but simply with the intention of putting a stop to the system of robbery of liquor which took place almost every time a public entertainment was given.— Frederick Sutton deposed: I am a storekeeper in Napier. I was a member of the committee appointed to receive the southern competitors. A quantity of refreshments were provided by the committee, iucluding two casks of ale, which came from my place. The ale was Harrold's brand, which is not a common br;ind in Napier. One cask was left outside the side entrance to the Odd Fellow's Hall on the night of the 29th, I saw it safe about 10 30 p.m. About midnight 1 again saw the cask. Part of the head had been removed and all the bottles taken out. The liquor was in my charge, and no instructions had been given to open it. After returning from the Spit, about 1 a.m., I gave Constable Davis infoimation of the robbery. By the Bench—The band were provided for in the same way as the oxher guests. Thev had no instructions to open the cask. —John Clariburt deposed : I am night watchman. On the night of the 29th I was at. the Odd Fellow's Hall cleaning glasses, &c, till 10 p.m., when I went on my beat. When I got outside, Collins and Focett were standing by the door talking. Collins said to me, "Here's a cask of beer. Will you lend us a hand and we'll share it." I said it was not mine, and I would have nothing to do with it. I then left them. I did not see them touch the cask. By Mr Stedman—l was not at Collins' that night between 1 and 2. I was not there at all. I had no drink with him. I was sober. All the drink I had was a glass of beer at the Hall, and a glass of brandy at Sullivan's and another at Swan's. I saw Sergeant Farmer on duty from 10.15 p.m. to midnight, and Constable Davis from 12 to 4 a.m. Collins had his uniform on. I did not see him between 12 and 2. Alexander Barron deposed : I am cab-driver for Mr Caulton. On Wednesday night last I vvas in eharge of the car at the gate of the Odd Fellows' Hall about 11 o'clock. I was there something like three-quarters-of-an-hour. T had nothing to drink during that time. While I was on the box I saw a man coming out with something in his arms. '!(> seemed to be wrapped in straw. He was rather tall —taller, T think, than Collins. It was too dark to see who he was. I said-, -'halves," and he handed me a bottle, which I afterwards found to contain beer. He did not speak, and I had no further conversation with him, He went towards the town. He seemed to be sober. I was perfectly sober at the time. Constable Davis deposed ; Oa the night of Wednesday i

last I ?aw Clariburt from midnight, to 4 a.m. At that time he was perfectly .sober. I saw Collins with the rest of th,e band. From information received I went to the band-room about 1 a.m. Clariburt was not with me. Several of the band were there. They were drinking beer and other liquor. I produce a label which 1 cook from one of the bottles. It is Harrold's brand, j There were four bottles with that brand oti the table. There was also a bottle of brandy. I was offered a gla«s of brandy, which I tasted. Collins was there. Ido not know that T had any conversation with him. I was perfect- ; ly sober at the time Sergt. Farmer deposed:—l saw Clariburt froui 11 to 12 on Wednesday night; lie was then quite sober. —This concluded the case for the prosecution —Mr Stedman applied that, the case should be dismissed, as nothing had been shown to connect Collins with the robbery.— The Bench, however, decided to hear the case for the defence.—Walter Slater deposed : I belong to the Artillery Band, and was playing in the Odd Fellows' Hall on Wednesday evening last, Collins was there. He did not leave the Hall during the evening; I saw him the whole time. I went with ihe rest of the band to the Spit and back. Collins did not leave us at all. I sav/ Clariburt ; Ido not know whether he was drunk or not.—Stephen Hooper deposed: I belong to the Artillery Band. I was with Collins in the Odd Fellows' Hall all last Wednesday evening. He was not out of my-sight all the time. I afterwards went to his house with Clariburt. Several others were there. Clariburt got very drunk. ' He was there till I left, about 1 o'clock a.m. He dropped his head between his knees and went to sleep. I said he was not fit for a night watchman, and advised him to leave, telling him that if he did not I would report him. He was drunk when he went in. By Mr Lee -I did not notice the brand of the beer. We have beer in the band-room every practice-night. Thomas Paton deposed : 1 belong to the Artillery Band. When we came from the Spit on the 29th we went to S'ailivaii's, and from thence to tne bandroom. Clariburt and testable Davis came in. Clariburt stayed about half-an-hour ;he had some brandy. He was half drunk when he came, and quite drunk when he left. Constable Davis drank some brandy, about half a cup, I was quite sober.—Mr Lee addressed the Court All the witnesses for the defence belonged to the band, and their evidence did not correspond with that of the police, who had no interest in misrepresenting the facts. The proper course for the defence would have been to show how they came into possession of the liquor, and this they had failed to do-—Mr Stedman sympathized wi;h the Committee in the loss they had sustained; but thought their conduct highly reprehensible in bringing this serious charge against his client without a shadow of proof. He hoped the Bench would express themselves strongly on the subject.—The Bench said the evidence was conflicting, and showed that there must be hard swearing somewhere. There was no evidence against the accused, and the case must therefore be dismissed, the costs, <£l lis, to be paid by the Xieception Committee.