Hawke's Bay Times. Nullius addictus jurare in verba magistri. SATURDAY, JUNE 24, 1871.

Hawke's Bay Times, Volume 17, Issue 1051, 24 June 1871, Page 2

Hawke's Bay Times. Nullius addictus jurare in verba magistri. SATURDAY, JUNE 24, 1871.

In reference to the decision in the pa.se '* Baxter v. TWgood" in the Resident Magistrate's Court, we give a more detailed account of the matter at she request of the Resident Magistrate. "d£ls was the freight to he paid on a iarge quantity of goods, including two {lous of wire. Most of this cargo was duly landed during two days, hut on the third morning the boat was upset, and about 9 cwt. of the wire, and four pr five post 1 -', were lost in the surf. It V/as then considered unsafe to land the jgst of the wire in the same place, but

the plaintiff stated that defendant's men represented that defendant would lose <£3 a day by any delay in landing the wire, and it was landed about a mile further along the beach, wheie there was a better landing-place. The plaintiff attributed the capsize ot the boat to the fault of the defendant's men,—who were not present to rebut the assertion, —but probably it was an Accident, caused by the heavy surf." The defendant's application for leave to Appeal on points of law was adjourned to 2 p.m. that the points might be stated in due form. The Resident Magistrate attended at 2 p.m., but the money had then been paid into Couit. The plaintiff applied for his witnesses' expenses, but the application was refused.

We omitted to mention last night that in the Resident Magistrate's Court the previous day, on the hearing of the charge of horse-stealing against C. Eocett being resumed, the evidence for the defence was taken. Three witnesses were examined, but there was no identification of the animal, The magistrate considered there was a primd facie case against the accused, who was accordingly committed for trial. Bail being allowed, himself in £SO, and two sureties in ,£25 each, for his appearance at the next criminal sittings of the Supreme Court,