Hawke's Bay Times. Nullius addictus jurare in verba magistri. WEDNESDAY, JULY 19, 1871.

Hawke's Bay Times, Volume 18, Issue 1072, 19 July 1871, Page 2

Hawke's Bay Times. Nullius addictus jurare in verba magistri. WEDNESDAY, JULY 19, 1871.

In'the Resident Magistrate's Court yesterday, before 11. B. Sealv, Esq, lIUI,, and J. A. Smith, Esq, J.?., Constable W. G. Guthrie was brought up on remand, charged with having stolen a keg of rum, valued at £4 10s, from the stores of Messrs Peacock at Tarawera. David Peacock, eontractoi for supplies, deposed that on the loth inst. Sergt. Estcott showed him a keg, which he identified by the marks as being his own. property. [Produced and identified.] John Bel), canteenkeeper, deposed: On the 20th u3t. the packers brought four kegs of spirits 10 the canteen. The canteen was closed at 7 p.m., but was broken open at a later hour, and one of the kegs was afterwards missed. A man who was lying inside drunk said he saw one of the kegs going out. A. number of men were outside, but I could not find out who had broken the door open. They must have seen the store broken into. They were constabulary men. I did not see the prisoner among them. By the prisoner : There was a great row outside the canteen that evening. The packers were drunk 1 was the worse for liquor myself. I reported the loss soon after ii occurred. I am sure I reported it before 10 p m, It was not at my desire that the door was broken open. I reported the loss of some mo ney as well as the grog. 1 reported that a keg of brandy had been stolen ; that was a mistake—it was rum. The mistake arose through the keg being marked " Hum" on one end, and " P. B. " on the other. It is only from the marks I have since seen that I know the cask to have contained rum. —Constable M'Clutchy deposed : The prisoner and I went out of the camp at Tarawera on the 3rd hist. We went to the ?viaori pa. He gave me a bo'tie of rum ; I did not know where he got it, and he did not tell me. I remember the night of the robbery at the canteen —there was a drunken row outside, Bell quarrelling with the two packers. The door had been broken open when I saw it, and the place was full of civilians. The loss was repotted next morning, By the prisoner: It was about 10 p.m. when I saw that the canteen had been broken open. You were then in bed. I saw you in bed at roll-call, at 9 p.m. About 7 p.m. I heard Bell say he would not let any one sleep in the house, for he had ,£250 there. He said he had lost £2O already.—Sergt. Andrew Estcott deposed : I arrived at Tarawera on the 26th of last month, and took measures to find out who had committed the robbery from Peacock's store. On the 3rd inst. I went to the pa with the prisoner and others, and he ; then told me he had plenty of grog in the camp. I asked him to get some, and he went and got four bottles of ruin, which was drunk by the natives. I asked him to fetch some more, and he went. I followed him, and when I overtook him he was carrying the keg produced. A native in his company was carrying two bottles of liquor. I took them both into custody, but the

native was afterwards leleased by the commanding officer. All the men in camp were aware that the robbery had taken place.—The prisoner, in defence, said that he had nothing to do with the robbery > he could account for his time the evening it occurred from 4 p.m. to midnight. He knew that a keg of brandy was reported to have been stolen; but when he found a kug of rum concealed in the l.m<h lie did not suppose ii. to be the same. He knew it was his duty to have reported his dis corery, and admitted he was wrong in not so doing, but he disclaimed all connection with the theft,—The Bench considered the charge fully proved, and sentenced the prisoner to 3 mouths' imprisonment with hard labor.—This morning, only two cases came before the Court—charges of drunkenness. By advertisement it will be seen that the s s. Star of the South will steam for Auckland at 3 pin, to-morrow. According to the Auckland papers, the Nebraska, from Honolulu, with the English mail, was due at that port on the 17th inst., and was announced to steam for Napier and other southern ports on the 18th. Should this be correct, her arrival here may be looked for to morrow. We may observe that, according to the time-table furnished to us by the local post office authorities, the English Mail via California will not be due here until Monday next, 24th instant,