Hawke's Bay Times. Nullius addictus jurare in verba magistri. TUESDAY, MAY 28, 1872.

Hawke's Bay Times, Volume 19, Issue 1334, 28 May 1872, Page 2

Hawke's Bay Times. Nullius addictus jurare in verba magistri. TUESDAY, MAY 28, 1872.

A telegraph station has been opened at Matuaka, in the Province of Wellington. A lire was discovered between the hours of 1 and 3 this morning at the back of the Foresters' Aims Hotel, Shakespeare-road, and fortunately extinguished before, any serious damage resulted. A man named William Ganny has been arretted on suspicion of being concerned in the fire. An inquiry into the origin of the fire was commenced at the Foresters' Arms Hotel this afternoon, from which our reporter had not returned up to the time we went to press. We regret to have to record the death, at about eleven o'clock last night, of Captain J. C L. Carter, an old settler, who for some years held the office of Superintendent of this Province, and, latterly, of Commissioner of Crown Lands. The deceased gentleman had for some considerable time past been in failing health, We have been favored by Messrs Kinross and Co. with a copy of the manifest of the cargo in the Corouilla, Captain Mossop, Irom London to Jtfapier ; —IBO9 packages, JOG cases, Kinross and Co., 4 casks, Hawko's Bay Club; 2 cases, E. b\ Rich ; 200 cases beer, 2 cases, order ; X case, Whiteman; 9 pkg-', order; 22 pkgs, Gowing; 5 packages, order; 2 cases, Bishop of Waiapu ; 1 case, Stuart and Co ; 5 pkgs, Brewer; 1 case, Whitly ; 1 hide, order.

In the Resident Magistrate's Court this morning John Brien was fined £1 for indecency, and one damkaiil was fined ss. William Ganny was brought up by the police on suspicion of being concerned in a fire in an outbuilding of the Forester's Arms Hotel. Remanded for 24 hours. Watene, one of the natives concerned in the Olive riot, was brought up on a warrant, but was remanded for- a week, the chief Paul entei ing into bail of £2 for his due appearance. Mitchell v. G-illigan. Claim of Jg 9 18s being money paid under protest to the defendant, the poundkeeper at Meanee. Mr Lee appealed for the plaintiff'— W. F. Smith deposed : On Saturday evening I found a mob of cattle trespassing on my land and took them to the pound with the intention of impounding them. On the way 1 was told that the cattle belonged to Mitchell. When I left them with the defendant, 1 told him I believed I had found the owner, and in that case I would not impound them ; but would call for them in the morning; but if I was mistaken in the ownership, I would come next day and impound them, and give him their description Next day J went with Mitchell to reclaim them, and offered £1 feu the use of the paddock ; but defendant claimed the full pound fees.—A. witness named Frazer, who assisted to drive the cattle to the pound, gave corroborative e\idence. In answer to defendant, he said that Smith told him he would give lii.ni part of the driving money.—Smith was here recalled, and said that this was before he knew the cattle were Miiclieir.s.—C. Mitchell deposed : I paid Gilligan under protest, pound fees amounting to £6 18s, or 3s per head on the cattle. T offered £l t as a fair rate for the paddocking. —The defendant deposed : Smith brought me the cattle on Saturday night, and said, " I have a mob of cattle for the pound. This place of mine has been disputed; but I'll let people see they should not run their cattle there; they'll not get over me." He said he would give me the brands and descriptions in the morning. He was told they were Mitchell's, and he said, " Then I'll not charge damages." He came with Mitchell next day and disputed the impounding. By Mr Lee: The animals aie not entered in the book, because Smith failed to give the description. The charge of 3s per head includes booking.-—F. Roper deposed that the plaintiff" had asked him to assist in driving the cattle to the pound offering him half of the dicing money. Witness said they weie Mitchell's. Smith said he did not care whether they were Mitchell's or not, he would teach people not to run cattle there. Witness refused to assi.-.t him ; it was too late.--Smith recalled said Roper did not tell him they were Mitchell's ; but led him to believe they belonged to some one else. Roper said, " Just shove them on the road, and I'll impound them for the Road Board, and will go halves," Witness refused. The reason Roper did not assist in driving was because he had taken too many whiskies hot.—The Resident Magistrate considered the view Smith took of the case was the correct one, and it was supported by the fact that no entry had been made in the pound-book. The charge made for provision for the cattle was quite unwarranted. He thought no impounding had taken place, and considered the sum of £l, offered for the use of the paddock, was quite fair.—Judg menl for amount claimed, less £l. Witnesses' expenses, i-1, and costs of Court, £1 3s.

The Wanganui Chronicle says : The affairs of New Zealand were never in a more critical state, and it is matter for real anxiety, whether the man now holding the helm of Slate is capable of steering the ship safely through the political tide rip she is now tossed and liuffelted by. As the hon. the Speaker says, one false move or an error of judgement may lose the ship, and then comes the question of what is to be the fate of her crew and passengers? Are they to sink with her, or are they to get safely ashore, and to set *«bout building another and more seaworthy cral'i than the one they have sailed in so long, out of the remnants of the old one and what material they may be a Lie to command at the time.