Hawke's Bay Times. Nullius addiclus jurare in verba magistri. FRIDAY, DECEMBER 13, 1872.

Hawke's Bay Times, Volume 19, Issue 1507, 13 December 1872, Page 2

Hawke's Bay Times. Nullius addiclus jurare in verba magistri. FRIDAY, DECEMBER 13, 1872.

Mails for Australia (via Sydney) close at Auckland at 10 a.m. to-morrow (14th inst.) Mails for the Australian Colonies (via Melbourne) at Hokilika at 5 p.m. to-morrow (14th inst.) A New York telegram, dated 30th November, contains the melancholy announcement of the death, on that day, of Mr. Horace Greeley, the respected editor of the Now York Tribune, and one of the candidates at the late Presidential content. The event, we are informed, created a profound impression in political circles. The Supreme Court sat yesterday afternoon in banco. Stuart v. Drower. —Mr Lee moved for a rule nisi to set aside the arbitration on fclm ground of alleged misconduct of arbitrators—Application ordered to stand over till Saturday. Tollomache v. Anderson and others—Mr Lee appeared for the plaintiff, and the defendants were represented by Mr Wilson and Mr M'lntyre. This was a friendly suit to conclude the settlement of atfUirs in two intestate estates, and terminate certain complications which had arisen between them.— Ordered that one thiid of the balance of .£536 7s should be handed over to Mrs Anderson, one of the defendants, and administratrix of her late husband's affairs, to be applied by her in due course of administiation. —In the estate of C. S. Wishart. deceased. Mr Tylee, Curator of Intestate Instates, applied lor an order authorising him to take immediate charge of the estate, inasmuch as the expenses connected with certain horses, now being kept in paddocks, would very soon exceed their value.—Ordered that the horses be sold forthwith; Mr Tylce

being informed that the Court could not give authority to deal with any other portion of the estate before the expiration of three months from the date of decease of the intestate. The Court sat this morning at 10 o’clock in its civil jurisdiction. Read v. Horsfall.— Claim of .£SOO damages for an assault committed at Gisborne on the 16th September.—Mr Wilson appeared for plaintiff, Mr Lascelles for defendant, and the case was heard before a special jury. Mr E. Mann deposed that on the evening of the day in question he was walking with plaintiff; defendant came up and said, “ What did you mean by sending me that message 1 ” Capt. Read had just replied, “I sent you no message,” when plaintiff struck him several times in the lace, knocking him down, and afterwards kicked him in the back. Several people came up and separated the parties.-—Capt. Read de posed that he was a storekeeper at Gisborne, 59 years of age. On the morning of the day in question his clerk came to him for instructions regarding a bill sent by defendant, referring to a matter which had been previously repudiated. Witness “hove it back” with an expression which would have an unpleasant appearance in print Witness then related the circumstances of the assault, which took plaee hours after, substantially corresponding with chose already given, with the additional circumstances that one of his teeth was knocked out, and that he was still suffering from the kick in the back.—M c Lascelles cross examined the plaintiff as to whether he had not used an exceedingly coarse ex pres ion in presence of defendant’s messenger ; but this was denied. Medical and other corroborative evidence having been called, Mr Wilson closed his case.—Mr Lascelles intimated that he would call evidence giving the affair a very different appearance, and would prove provocation in mitigation of damages —His Honor said that Mr Lascelles should have given due notice of the plea, in accordance with the 66th rule. —Mr Lascelles said he should coniine himself to what the learned counsel opposite had introduced as material.— His Honor said that the fact of an irregularity on tire other side having been allowed did not place defendant in order. —Mr Lascelles pressed the evidence, and tiie Court, at 12.15, adjourned for a quarter of an hour that the point might be .settled. On the Court resuming, the point was given against Mr Lascelles, who, as he (iid not dispute the assault, declined to call evidence, and proceeded at once to address the jury. He called in question the accuracy of the evidence, alleging that, the particulars of the assault had been greatly exaggerated. He said that a matter of this kind might have been settled on the spot at small expense, either in the Resident Magistrate’s Court, or in the Dishict Court, and that the present action was vindictive. —Mr Wilson replied. He looked upon the matter as very serious. The assault was gross and cowardly, and he hoped the jury, by their verdict, would teach men like the defendant, who might be inclined to take the law into their own hands, a lesson. He asked them to award exemplary damages. —His Honor addressed the jury. There wore two issues Was an assault committed? To what damages was the plaintiff entitled 1 The lirst issue had been admitted. Justification was not hinted at •, mitigating circumstances had not been pleaded. The jury would therefore give a verdict to cover actual damage and to mark their sense of the defendant’s breach of the public peace. —The jury, after a short absence, returned an affirmative answer to the first issue—damages, £SO. Mr Wilson asked his Honor to certify the costs, us difficult points of law had arisen in the course of the trial.—His Honor refused. He could not certify that the case was a proper one for the Supreme Court and a special jury. It could have been dealt with by the District Court.— Costa according to the District Court scale only were therefore allowed—the difference, as well as the costs of the special jury, &c , hilling upon the plaintiff.—This concluding the civil business, the Court adjourned, The Evening Post of Wednesday last says result of the Worgan Com pai&dpß is thftt the Got eminent Jnive

suspended Mr G. B. Worgan, formerly of Hav-ke's Bay, but latterly one of the numerous commissioners who are fattening at the expense of the colony in and about Wanganui. The UnderSecretary, in iuforming Mr-Worgan of his suspension, says " the final decision of the Government will not, however, be given until the Honorable the Minister for Native Affairs has had the opportunity of reading and considering the papers connected with the case," and concludes with the significant hint, "I am further instructed to request that you will, on the receipt of this letter, without delay, pay into the public account at the Bank of New Zealand, Wanganui, any balance remaining in your hands of ihe advances that have been made to you by the Treasury." A young man named Abbott, respectably connected, has been committed to take his trial at Auckland for au hotel robbery of jewellery worth £7O, and Jg4o in cash.