THE Hawke's Bay Times. Nullius addiclus jurare in verba magistri. FRIDAY, I9TH DECEMBER, 1873.

Hawke's Bay Times, Issue 1535, 19 December 1873, Page 54

THE Hawke's Bay Times. Nullius addiclus jurare in verba magistri. FRIDAY, I9TH DECEMBER, 1873.

Services will be held (D.V.) on Sunday, 21st Dec.; at taradalo at 11 :alm., and. Puketapu at 3 p.m. I; Mails will close for Auckland,Sydney, &c., per Star of the South, this day at 2 p.m. It being probable thai the Star of the South will reach Auckland in timo for the out-going San Francisco Bteamer, mails- for America, United Kingdom, and Continents of Europe will close at 2 p.m. this day. A mail also closes for Poverty Bay, per Opotiki, this day at 3 p.m.

We would direct attention to an advertisement elsewhere of Charles's Diorama of the Franco-Prussian war, and of. the Nile scenery, to be exhibited this evening in the Oddfellows' Hall. The diorama, we are informed, is the largest in these colonies, and the present is its first visit to Napier. It will be observed that a distribution of prizes m one of the attractions. The evidence of several witnesses in the case of Cashmorc v. Maney and Peacock was taken yesterday before Mr Guy, the Registrar of the Supreme Cotirt, counsel on both sides being present. As the evidence taken represents but' a fraction of a case which has been adjourned for six months, and which it is not impossible may be otherwise settled in the interim, no advantage could accrue from its publication at the present time. The weather has been very unpleasant during the last two or three days, hot westerly winds prevailing, with clouds of dust. The atmosphere has been close and oppressive, and a few showers would be welcomed as a relief.

In the Snpreme Court, on Tuesday, his Honor Mr Justice Johnston took his seat at 10 a.m., and the civil action Cishmore v. Maney and Peacock was called on. Before the jury were sworn, Mr Wilson said he had a proposal to make. This case was scarcely one for a jury, and he thought that on many grounds it would be desirable to leave the issues to the decision of legal arbitrators.—His Honor said he considered that this was the only proper way to decide a case of this kind. But a jury had been empanelled, and had been two days in attendance, and though they had not been sworn, they wert. in fairnesss entitled to payment.—Mr Wilson said of course they were; he had not lost sight of this.—His Honor, addressing the jury, said they had better be sworn, though they might regard it as an unnecessary formality. They would not be sorry to hear that their services would probably not be required; for after hearing and weighing the facts brought before them during one or two days, they would probably have found that the issues would be resolved in the end into questions of law, to be decided by quite another tribunal. It would be therefore, under the circumstances, by far the best course tp refer the whole matter to legal arbitration.—Mr Lee said he feared Mr Wilson had unintentionally given rise to a false impression. He would ask for an hour's adjournment of the case, ae he was not aware whether or not the defendants were in favor of the proposal. All the counsel engaged were.—His Honor said that if ho could force the learned gentleman to that course he would do so. This was a case in which the rules of evidence would prevent facts coming before a jury which it would be necessary to tako into consideration in deciding (he issues, and which could very properly come before a legal arbitrator.—The case was then adjourned for one hour. On the Court resuming, Mr w ilson said he was sorry to say that a difficulty had arisen on the other side which would prevent the proposed settlement. Mr Lascelles said his clients had now had their case pending a very long time in this Court.— His Honor said the parties had themselves to blame. He heard this tribunal abused right and left as dilatory and co3tly, when nine times out of ten the delay and unnecessary cost arose from the fault of the parties themselves.— Mr Wilson said that Mr Peacock had been brought from Wanganui at considerable expense to give evidence, and some native witnesses had also been brought whose attendance might not be so easily obtained on another occasion. He had to propose that an order should bo made to allow their evidence to be taken before the Registrar, and the case deferred to next sittings.—His Honor ordered the case to stand over, and (by consent) made the required order regarding the examination of witnesses. Mr Wilson withdrew the record, the issues to abide unaltered till the next trial. Mr Wilsi-n for plaintiff; Mr Lascelles for defendants. A certificate for a special jury was ordered by consent. The result of the investigation to be reported by the Registrar under seal at the trial. The evidence to be certified by the Court and used at the trial.—His Honor, addressing the jury, said he did not suppose they were at all sorry at theresult of the arrangement, which had probably relieved them from wading for two or three days through a casa full of difficulties and intricacies. The case was an extraordinary one in this respect, and though the delays of the parties might be easily accounted for, thf y were apt to establish the popular but mistaken notion that proceedings in the Supreme Court were necessarily cumbrous and costly. He had now much pleasure in discharging them. In the Supreme Court on Saturday, Duncan Frazer, for unlawfully shooting a horse, was brought up for sentence. A number of respectable witnesses testified to the prisoner's previous excellent character. His Honor expressed his sorrow at the position in which the prisoner, by Ma rash and unjustifiable

conduct, had placed himself, and told him that he ought to be thankful that he had escaped the commission of the crime of murder. —Sentence: Twelve months' imprisonment. Sarah Page, convicted of ..forgery, was brought up for"' sentence. The evidence as to character was to the ? effect that the; prisoner, though only fifteen years of age, bore a very bad character, and that all efforts to reclaim her had proved unavailing.—Sentence, two years' imprisonment with hard labor—the jailer being instructed to make her useful in the jail, and to keep her separate from the other prisoners.