THE Hawke's Bay Times. Nullius addiclus jurare in verba magistri. TUESDAY, 23RD DECEMBER, 1873.

Hawke's Bay Times, Issue 1536, 23 December 1873, Page 58

THE Hawke's Bay Times. Nullius addiclus jurare in verba magistri. TUESDAY, 23RD DECEMBER, 1873.

Before another issue of this paper appears, Christmas day, the great holiday of the year, will have come and gone. In once again giving our friends the compliments of the season, we would thank them for the very general support we have received since the Times has appeared in its present form, and assure them that no effort will be wanting on our part to make it still worthy of their support and confidence. To our readers, one and all, we wish A MERRY CHRISTMAS and A HAPPY NEW YEAR.

The weather still continues hot and dusty. Last night, at midnight, the thermometer indicated 80 degrees. A heavy shower, before daylight, cleared the air considerably. Mr Arthur Vivian, the comic actor and vocalist, advertises a performance at Havolock on Friday next, the 26th inst.

A supply of the newly-designed postage stamps has been received in Napier by the Chief Postmaster, and will be ready for issue on and after the Ist January next, They are tasteful in design, and vary in size, form, and color, according to value.

We would direct attention to the important land sale to take place to-day. Two thousand five hundred acres of Mr Tiffen's estate of Homewood are to be so'd in convenient sections, and also forty acres of bu h land. The details appear in our advertising columns. The Napier Grammar School examination occupied nearly the whole of last week, and the prizes were distributed on Friday. The examination of St. Mary's boys' school (.Roman Catholic) took place on Friday, and the examination of the Port School yesterday. The result of the examination in each case was very satisfactory. Charles's dioramas of Nile Scenery and of the Franco-Prussian war, were exhibited on Friday, Saturday, and last evening- to very good houses. The scenes are striking and well delineated, and the mechanical arrangements are good. Among the scenes we may note "The Soldier's Dreum of Home," as being especially pleasing. The whole exhibition is well worth a visit; and many will find an extra attraction in the gifts which are distributed by lottery at the close of each performance. There will be a midday exhibition tomorrow for children and schools.

Mails close for Auckland, Wellington, and Southern Ports, per Rangatira, to-morrow, "Wednesday, at noon.

In another column, we publish, an article from the Bay of Plenty Times, referring to the Kotomahaua district, and the danger that exists of this splendid region falling into the hands of private speculators. The subject is one of more than provincial importance —it concerns the future Avell-being of the whole Colony—and the Government should take every legitimate means to secure this part of the country for the benefit of the Colony at large. In the Resident Magistrate's Court on Friday, before R. Stuart Esq., J.P., and J. A. Smith Esq., one civil case was heard. The plaintiff, a shearer, bearing the renowned name of John Smith", sued Mr J. N. Wliliams of Karamu, for £2O, for shearing 1749 sheep, at 22s 6d. per hundred. 2s 6d of the sum had been very reluctantly foregone by the plaintiff, to bring the case within the jurisdiction of the Court. The plaintiff admitted being indebted to the extent of £lB Is 3d, the disputed point being whether the plaintiff had been engaged at £1 or 22s 6d a hundred. Mr LaKcelles appeared for the plaintiff; Mr Lee for the defence. The plaintiff stated that he had been engaged at 22s 6d, and had consequently refused an offer of 21s 6d, on another station. Some of Mr Williams's shearers were paid at the rate of £l, others 22s 6d. Defendants manager deposed that the shearers were eugaged at the uniform rate of £l, with the provision that if the sheep were shorn in a satisfactory and workmanlike manner, a bonus of 2s 6d per hundred would be given. Plaintiff had shorn a larger number than any of the others, but had done his work very badly —he not only clipped off large pieces of skin, but against positive instructions had rolled them up inside the fleeces, to the great deterioration of the wool. Mr Williams gave similar evidence. A good many witnesses were heard on both sides. One who had seen the sheep in a paddock after shearing, said they were shorn "scandalous," but could not connect the plaintiff with the bad shearing. Mr Lascelles, in summing up, used some very strong language regarding the defendant, who, he said, sought to repudiate his distinct agreement with a poor shearer, now that the busy season was over. The fact that the plaintiff had shorn the most sheep, he contended, proved him the best shearer, and therefore entitled to the extra payment, if such had been the agreement. The Bench apparently took Mr Lascelles, view of the case, as they gave judgement for the plaintiff for the amount claimed, with £4 4s costs.—Yesterday, before H. B. Sealy, Esq., Resident Magistrate, there were two police cases —Hunt v. Tracey, a charge of drunkenness and resisting a policeman, and Tracey v. Hunt, a charge of assault. A good deal of evidence of rather a conflicting kind, was adduced. Mr Lee appeared for Hunt: Mr Lascelles for Tracey. It appeared that on Sunday, the 14th hist, at 11 p.m., Tracey, whose drunkenness was not disputed, walked down the Spit in company with a friend named Grainey, and thinking that he required a little more liquor, knocked loudly at the door of the Crown Hotel. Mr Hunt, the night constable, kindly recommended him to knock off, and not make a disturbance; but go to rest, and be ready for work in the morning. Tracey, in reply, called Mr Hunt a Irishman, with other epithets which it is quite unnecessary to particularize. Mr Hunt here intimated his intention of taking Tracey to the lock-up; when he was informed that even with the assistance of Mr Scully ho would be unable to do so, Tracey being " the best man on the Spit." After an unsuccesful attempt at arrest, the constable went for assistance, Tracey meanwhile walking up and down, and inquiring, " Where's that persons were abroad, but according to their own evidence, expecting a row, they took care to see no more than they could help. By and by, Hunt seeing the two men approachsng him, and hearing one of them express an intention of " hammering his head off," told them to keep off, and as they did not do so, he knocked them down, one after the other, with his truncheon, Tracey, according to his own account, was kicked when down; but this Hunt denied. The Magistrate dismissed both cases, cautioning the constable in any case, against using unnecessary violence, and considering the rough handling Tracey had already received a sufficient punishment for the offence lie had committed.