THE Hawke's Bay Times. Nullius addictus jurare in verba magistri. FRIDAY, 8th MAY, 1874.

Hawke's Bay Times, Issue 1574, 8 May 1874, Page 210

THE Hawke's Bay Times. Nullius addictus jurare in verba magistri. FRIDAY, Bth MAY, 1874.

One of the flourishing institutions in this Province is the Agricultural and Pastoral Society, which has just held its annual meeting at Havelock. Our reporter not having been present, we are indebted for such particulars as we hero give to our contemporary the Herald. The meeting was held on Wednesday, at Mr Reynolds' Exchange Hotel, Havelock, Mr Tanner, the President, occupying the chair. The balance-sheet, which was read, showed that the Society had prospered with the increasing prosperity of the important interests it represented, there being a cash.balance in hand of £376 12s, and an available balance of £385 14s 7xl. A vote of thanks was passed to last year's officers,; Mr J. D. Canning was elected President; Mr Williams, Vice-President, Mr Routledge (re-elected) Secretary and Treasurer ; and Messrs J. Hcslop, Tanner., M'Hardv, €.; Nairn, T. Condie, Lyon, Allan M'Le'an,' Chambers, Davis, Peacock, Douglas, H, Campbell, Miller, R. P. Williams, Well wood, .Farmer, G. Heslop, Mackersey, and Orr were elected to form the committee lor the ensuing year. Mr M, 11. Miller proposed the following important resolution, which was carried :—" That quarterly meetings of the members of .the Association shall be held in Napier; for the purpose of collecting and disseminating information acquired in agricultural and pastoral matters. That the first quarterly meeting be held three months from date, at time and pb.ee to be advertized by the Hon. Secretary." The first subject fixed for discussion was " Longvvools and their various Crosses," on which Mr Miller promised to contribute a; paper. It was decided that a "register of pure imported stock should "be kept, It was also resolved to substitute Hastings for Havelock as the plaqe of annual meeting, and to advertize the list of subscribers to the Society in each local paper,

In to'day's issue will he noticed a coluumjin the Maori language. This we have introduced in accordance with the strongly-expressed desire of a number of'vtho principal resident natives, who have intimated .their \yillingnoSs to give their support hy subscribing' tq the journal in the ordinary pakeha fashion, and finding numerous subscribers among their people. We have acceded to their •request', and if,they are as good as ihpjr word, the experiment will succeed—-if hoi'; #,er sufficient trial, it will /simply be ]mvo the: assistance of a gentleman w.cU for the work, who has already .contributed considerably to the scanty literature exiting in the native language. It is our intonti.ou to give a su#i(Als of curroutnews, with occasional comments, ../$,. fionrse excluding ' such matters as possess no interest to the ; natives; and those who sindersland the language will see how far this idea, has been carried out,in the present•number. The being contained in our issue, will be open "to the" inspection Jjfld" observation of those in-' teresied— so than if it were published in a separate jfyrm, We be-. U§vQ that, judiciously conducted, this \vi}l ne Miml of, great value at 'a time / like the prefeeijfy when evil influences; are*at work'among t%« natives, incitingthem, as in the late instance ,# Maua-:-watu, to acts of 'The Magii

column will be open to those interested in the. welfare of the natives, provided their communications are of general interest, are sufficiently brief—a great 'requisite—and arc accompanied by a correct English version. By compares-, sion of our ordinary matter we have arranged that no curtailment of its quantity shall be made; the Maori matter being entirely additional. We need -hardly add that, with our rapidly-ex-tending circulation storekeepers in town or country, and others dealing with natives will find- this column an excellent medium for their advertisements, which ivill be translated and inserted at ordinary rates, with a slight additional charge for translation : and the value of the paper as a medium for ordinary advertisers will be greatly increased. The Maori electors in the East Coast districts are now so numerous 4 as to be able to completely swamp the European vote. In the district of Tauranga this year there are 850 new claims to vote, of which 73G are natives, who now form a two-thirds majority of the whole. And, in addition, they, with the rest of the natives of this Colony, have the special privilege of another vote, which no European colonist possesses. <s> Several matters of interest, already in type, are crowded out of to-day's issue. : Mails close for Auckland, per Cyphrencs, on-Saturday, the 9th instant, at 7 p.m. Mails close for Fijis, Sandwich Islands, America, Kingdom, and Continent of Europe, per s.s. Cyph rone's,'oh Saturday next, the 9th instant, at 7'p.m. Money orders and registered letters close at 5 p.m. The Rev. J. S. Smallcy, Wcsleyan minister will fD.V.),- conduct religious services in the Council Chamber on Sunday next, at 11 a.m. and 7 p.m. ; and iii the Protestant Hall, Meanee, at 3 p.m. In the Resident Magistrate's Court on Tuesday, there was one civil case— Langley and Newman v. Moseley, a claim of £2 7s. Judgment was given by default for amount claimed, and costs 9s. A man named James Keogh was charged in the Resident Magistrate's Court yesterday with stealing money from the clothes of a man named Dixon, lying sick in the Star Hotel. A case of rather strong suspicion was made out, but as the case was remanded till this morning for further evidence, and the man has not yet had any opportunity of making a defence, we hold over our full report till our next. .' Our Wairoa Correspondent writes : —A ride match, Wairoa Volunteers v. Armed Constabulary, came off at the range, Clyde, on the 30th April. The match eventuated in favor of the Volunteers, by 31 points. The Armed Constabulary were not near so strong as on former occasions, and labored under the disadvantage of having a hastily organized team in the field. The shooting of the Volunteers was admirable ; that of the Armed Constaulary, taking the circumstances into consideration, also bears favorable comparison. I attach the score :

Wc note among papers to [hand by the mail, a copy of the " Anglo-Indian Commercial Advertiser, and Colonial Register," published monthly by Messrs John Flack and Co., and now in the fourth year of its existence. Its title sufficiently explains its character, and though specially prepared for India, it is of interest and value in any d the British Colonies. It contains a wellwritten review of the month's news, commercial information, and numerous advertisements, and is adorned with engravings front -some of the principal illustrated papers. Our Tauranga correspondent, under date sth .May, telegraphs as follows : " A European engaged in cooking food at Ohinemutu, Rotorua, fell into a boiling spring while in an inebriated condition, and was seriously scalded. When taken out, he presented a sad spectacle. An orderly was despatched yesterday for medioino.—./The Eev r Mr M'Nicol preached an eloquent sermon on Sunday.—-The Southern Cross lias left for the Coast, Mr Warden Fraser being a passenger. The Murray ran aground at ebb-tide inside the harbor ; her mails and passengers are landed." — Under "date 17th April our correspondent says; >' ? Owing to severe indisposition, Mr 0. 0. Davis has boon compelled to seek relief from his ardous and responsible duties, and arrived here yesterday, accompanied by Mr Mitchell." , On Tuesday, in the Resident Magistrate's Court, H. R. Holder was fined lOs, and '.9 s cqsis for allowing his chimney to take lire. Two drunkards, who admitted the offence, were cadi fined live shillings. Two others denied it, one of them, Thomas Smith, complained that h.e had been trapped by guile by the constable into the lock up, #nd there confined. The constable, being sworn, proved theofeuce, and Mr Inspector Scully stated that; the accused, though a quiet man, was constantly drunk, not having been so sober for five ! years as he was this morning in Court. The other, Dennis Grainey, was defended by Mr Lascelles, who also appeared for him in a charge of assault against the arresting constable. The case was deferred until ievraehce Ma .been taken in the other 'evidence ( behtg onflictiug, the caae j

A Wellington telegram received last evening states that Frederick Francis Ormond, Esq., has been gazetted returning officer for the election of members' of' the Provincial Council of Hawke's Bay, for the electoral districts of Wairoa and Mohaka. James McDermott was again brought before the Resident Magistrate on Wednesday, on the charge of attempted suicide As it appeared that he was still under hospital treatment, and was not yet in a fit state for removal, he was further remanded for a week. Wc are pleased t 6 notice that our spirited contemporary the Poverty Bay Standard has enlarged its size to double demy, and now contains twenty-eight | columns. In consequence of this large increase of space the semi-weekly issue has been reverted to. The paper is neatly and clearly printed, apparently, from new type, and would do credit to any town in New Zealand. Its title has been extended—it is now " The Standard and People's Advocate." A correspondent at Waipukurau, writes : —The installation of officers in the TavistoclqLodgo, 1.0.G.T, for the ensuing term, took place on Wednesday evening, Brother M'Knight, L.D., acting as installing officer. The following are the new officers: —W.C.T., Brother A .Levy, (re-elected); W.V.T., Brother W. Grant; W.S., Sister M. Levy, (re-elected ; W.F.S., Brother A. Grant; W.T., Brother D. Hannon ; W.C., Brother J. Poole, (re-elected) ; W.M., Brother W. Jones, (re-elected); W.J.G., Brother W. Haves: W.0.G., Brother W. Goodall; W.R.H.S., Bro. W. Colter ; L.H.S., Brother T. Hamilton ; W.A.S., Brother W. Poole; W.D.M., Brother A. Jones. On Tuesday, in the Resident Magistrate's Court, John Campbell, policeconstable, was charged with having assaulted and beaten Dennis Grainey. Mr Lascelles appeared in support of the information ; Campbell, who was undefended, pleaded not guilty. He admitted striking the prosecutor with a pair of handcuffs; but it was in selfdefence, and no unnecessary violence was used. Mr Lascelles, in opening the case, used some very strong language against the constable. His feelings as an Englishman were stirred by the dastardly outrage which had been committed. A good many complaints against the police had reached him from the Spit, but he had not hitherto been able to obtain the requisite evidence to prove them. In this case, he was happy to say, the evidence was overwhelming. If the police in this town really possessed such powers as they assumed—if any man was liable to be knocked clown with a pair of handcuffs—if such a reign of terror was to exist—the fact ought to be known.—The Resident Magistrate requested the learned gentleman to call his evidence.—Dennis Grainey (railway laborer, lodging at Mr Barrows' Commercial Hotel, Port Ahuriri) deposed : About 6 p.m. on Monday I was standing by Robjobns' store on the Spit, talking to a man named Duffy about a pup. Constable Campbell came up, and said to me, " Youre' drunk; you must come with me." I said, " No, I'm not drunk; keep your hands off me: I'll give you my name, and if you want me you can summons me." He then knocked me senseless with what seemed to be a pair of handcuffs. The marks on my forehead and the stain of blood on my waistcoat weie produced by that blow. Dr. Spencer has since attended me. I had had three or four glasses of porter that afternoon, but no spirits since dinner. By the defendant: I can' swear that I did not call any negro man a " black son of a ;" I have no recollection of seeing any negro that day. I made no attempt to strike you. Joseph Hogan, (road-contractor, residing at Titiokura ; temporarily residing on the Spit), deposed: At 6 p.m. on Monday, Grainey, myself, and one or two others were standing at Robjohn's corner talking. Constable Campbell came up, and I "called to him, " Holloa! What's up ?" Grainey also made a remark, the'nature of which I have quite forgotten. Campbell at once said to him, " yoiir'e drunk; I'll take you in charge." Grainey denied that he was drunk. The constable then seized Grainey, who tried to pull himself free ; but the constable would not give up his hold. Grainey still refusing to go with Campbell, and trying to get away, the constable drew a pair of handcuffs, and knocked him down with a blow in the face. Grainey had made no attempt to strike the constable. He was not sober at the time, but was able to take care of himself. I believe Campbell was drunk—because I had seen him in and out of one of the public-houses in the course of the day, and jn the evening I heard Barrows'refuse him drink.' Campbell assisted Grainey to his feet, who then went quietly with him. On the way to the lock-up I heard Campbell tell Grainey that if he resisted again, he would " stave his skull in with the handcuffs." By defendant: I did not see Grainey seize you by the throat. From my position, I cqulcj see and l]ear all that passed. ~~ Patrick Loughlin (laborer, Titiokura): On Monday about 6 o'clock, I saw Grainey and two other men standing outside Vautier's. Hogan, who was passing, stopped and talked to them for about ten minutes. The policeman who is in the box came up I know him; he calls himself ponsfabjo Campbell, but that's not his name. (Demonstrations of approval were here made by a group of persons, in the body of the Court.) The policeman was half drunk. He stood in front of Grainey and said " youre' drunk," Grainey said, "I'm not." The constable sjiid, f'Come along with me." Grainey said, HI will not.'? Up tq j,his, time I thought it was all a joke, The policeman then drew a pair of handcuffs, and struck Grainey on the head. He fell like a stone—just as though he had been killed. , Grainey was talking quietly, and there was no loud talking or disturbance when the constable came up. Anyone could sec he had been diiukjngj ftjtf lie was very well able h

take care of himself. The constable also appeared to be drunk. I beard him tell Graney that he had arms on hiin, and would use them. By defendant: I heard you say thjit to tHfe crowd ; they were not crowding you at the time. I heard you tell them to keep off—that you had arms on you, and if they closed on you, you would use them; but I heard you use the same threat to Grainey. Hugh Trenpr, (laborer, living at Barrows' Commercial Hotel, Spit), deposed: I- was oh the Spit on Monday night, and saw the constable knock Grainey down with the handcuffs, .The constable had been drinking. I saw him drink a glass of beer in Greer's during the day, and he remained a long time in the bar. I also saw him in Greer's private room. While the constable was taking Grainey to the lock-up he threatened him that he would beat in his skull if he did not go quietly. David Nelson (laborer, residing at Commercial Hotel, Spit), on oath, deposed : On Monday evening I was on the Spit. I did not see the assault complained of. I took Constable Campbell into Greer's, and treated him to three pints of beer. He said, " I've just been having some fine fun." I said, "What was it?" He replied, " Oh, I was taking a to the lock-up. I knocked him t —, and told him that if he resisted I WsOuld smash his skull in." (The foul language, which the witness here gave with remarkable facility, is far too gross for repetition. Signs of approval were again made in the body of the Court.) The accused exclaimed indignantly: " Your worship, it is all lies that this witness is tolling. He threatened me some time ago that he would get me three months before long." His Worship: You are not now to make a statement. Do you wish to ask the ivitn ess any questions?" Defendant: " No, your Worship." Patrick Kiley (laborer, residing at the Spit), was next sworn. His evidence was a repetition of the account of the assault given by previous witnesses—not merely substantially corresponding, but verbatim. The only additional statement he made was that Constable Campbell was very drunk, and was " staggering" when he first: came up. Grainey was drunk also.—This closed the case for the prosecution, and on the- application of the accused, whose witnesses were not in attendance, the case was adjourned till next day. Mr Lascelles asked that the charge of drunkenness against his client might be disposed of at once. Constable Campbell being sworn, deposed that on Monday evening Grainey was drinking at Greer's, and making a great disturbance in the bar, and refused to go out. He was turned out, when he went across the street to Barrows' Commercial Hotel, where he conducted himself in a similar manner. Witness went in and complained to the landlord that the noise and obscene language used by defendant could be distinctly heard in the street; to which Barrows replied, " Get out of my house, you low blackguard; I don't want you here." After Grainey came out, witness arrested him for drunkenness. Grainey raised his hand to strike, and witness knocked him down with the handcuffs. The act was done in self-defence, and the blow was not such as had been described —it was more a push than a blow". A '•'full blow" would have left a very different mark from the one on Grainey's head. Mr Lascelles then subjected the witness to a very severe examination, which, however, related solely to the constable's antecedents, and not in anyway to the charge of drunkeness under consideration. The following were the answers elicited : My name is John Campbell. I have gone by another name—by the name of John Cameron ; but I can't see what that has to with the case. I have been in the Armed Constabulary; I wished to leave the the force, applied in the regular manner for my discharge, and obtained it. I was not dismissed for misconduct. Subsequently went to.Wairarapa, and was there employed in driving a team. I did not on Monday ask Mrßarrows for liquor. When I went into his house on Monday, a man present offered me a drink. I said I did not want it. Barrows said, "It would be all the same if you did; you wouldn't get it." I told him I could lay an information against him for refusing to supply a man with liquor. I had no intention of so doing; I said it because Barrows had insulted me by calling me a blackguard, and in other ways. I did not call him out to fight. I called him into the passage, saying I had something to say to him. Barrows did not complain to me of the disturbance Grainey was making; I complained to him.—John Arthur Smith, sworn, deposed: I was on the Spit yesterday, and saw the accrued both at Green's and Barrows'. He was very drunk and noisy, making use of obscene and abusive language. His conduct was such as no constable could pass over. It was between 5 and 6 p.m. when I saw him. I did not see the constable attempt to take him in charge. His conduct was attracting the attention of people passing in the street, By Mr Lascelles: I am a clerk, residing at Pohui. I am at present living in Napier, and am out of employment.—Mr Lascelles asked a number of questions, more or less suggestive, regarding this witness's antecedents, which he refused to answer, and asked the protection of the Court. The questions being disallowed, Mr Lascelles said lie would bring such evidence next day as must convince, the Court that the witness was utterly mrwprj/hy of credence.—The' Magistrate (Jismissed the charge of drunkenness; being of opinion that the condition of the man was not such as to warrant the constable in taking him into custody. Mr Lascelles applied for big witnpsSqs, expenses. Application ordered to stand over to the conclusion of the case.-r----0u Wednesday the case was resumed. Mr Lascelles asked that, though he had closed his case on the previous day, he might be allowed to call an important witness who was not then present. Leave being given, he called Patrick

Duffy (cook,) who deposed : I know Constable Campbell and .Grainey. I saw them on the Spit between 6 and 7 O'clock on Monday evening, '■'■■ convenient to M'Lachlan's boarding-house.' Grainey, Hogan, Patrick Curry,, and. another gentleman q were all talking together. The constable came •■ up in a rowdy sort of way,! and Hogan asked} him " What are you up.; to :W Sjiid the constable, " To a little bit of a fame,'? and going up to Grainjy said, " You're* drunk ; come along with.,me.";.y Grainey;; said " No, hands off. If you want me you can summons me." The constable then put'liis hands behind him, drew his handcuffs and struck Grainey a full blow with them, knocking him down. He then reached over him as he lay on the ground, saying "If yon resist now, I'll batter your skull in." ( No one interfered ; but some one standing by said," Don't murder the man down." Grainey offered ho resistance, and did not put himself in a threatening, attitude. He'was making no disturbance, but was perfectly sober and quiet—as sober as I am now, that haven't had a Sup these fifteen months. I consider the constable to have been drunk from his manner, and his staggering about. I accompanied Grainey and the constable to the lock-up. Grainey went quietly, and made no resistance.—. The defendant stated that he had a good many witnesses, but very few were present. He had none who were present at the time of the alleged' assault, but plenty who could tell_ what state Grainey was in shortly before that time, and the way in' which he wa,s con-, ducting himself.—Mr Lascelles objected to such evidence. The charge of drunkenness had already been dismissed, and there was no other charge against his client. The Magistrate said he had already allowed Mr Lascelles considerable indulgence; and he thought it only just that the accused should bring such evidence as it was in his power to obtain to clear himself.—J. H. Trask, sworn, deposed : I was on the Spit on Monday afternoon. I saw Dennis Grainey in the Crown Hotel between 5 and 6 p.m. He and one,or two others were in the bar; they were all rather the worse for liquor, and were making a great rioise. I cannot say that they were riotous; but I was in charge of the bar, and had to check them. I refused them more liquor, and Grainey became so insulting that I had to threaten him that I would give him in charge. If I had been the landlord of the house I certainly would have done so. I saw him go way; he walked quietly enough, but unsteadily. Any one could see that lie had been drinking ; but he was still able to take care of himself.—Mrs Greer, sworn, depose,d : I was serving in the bar of the Crown Hotel all Monday afternoon. Grainey was in between 5 and 6 p.m. He was drunk, and I refused him liquor He used some very bad and insulting language. People outside could hear him. I served no liquor to Campbell. By Mr Lascelles: Ido not know the witness Nelson. I do not remember ever seeing him before. Before refusing Grainey liquor I had served him with two glasses of beer, I have never served any liquor to Campbell. I left the bar from 5 to 6 p.m. Grainey came in between 8 and 4 p.m. I ordered him out, but he would not go. When he came in he had had liquor, though he was not actually drunk.—J. H. Trask, recalled, deposed : I was in the bar from 5 p.m. till midnight, except half-an-hour after tea-time. I served Nelson with two or three glasses of brandy; he had also one small glass of beer with Constable Campbell.— Sergeant Moffit deposed that, hearing of some disturbance on the Spit on Monday evening, he went clown, arriving at about 8 o'clock. Campbell said he had, had two glasses of ale that day, and did not appear to have had more. Mr Lascelles wished to call Mr R. Barrows, landlord of the Commercial Hotel, who was prepared to swear that Campbell came on Monday afternoon to his house drunk, and asked for more liquor, and when he was refused, challenged him to fight.—His Worship could not admit the evidence, which would have no bearing in the case. He then retired a few minutes. On resuming his seat, the Magistrate said that with every disposition to protect the police in the execution of their duty, he considered that that duty had been exceeded in the present case. Nothing had been brought before him to lead him to assume that there was collusion between the witnesses; and if he believed them, the evidence against the ac-. cused was most convincing. If any persons could have given a different account of the circumstance, he was sorry they had not appeared. ,He convicted the constable of the assault j he considered violence altogether unnecessary had been used in arresting Grainey ; and did not consider the accused justified in attempting to take the man into custody at all. Before fixing the fine, he must ascertain the costs. —Mr Lascelles hoped the Court would allow counsel's fee. If there was ever a case where a man required a lawyer to. conduct his case successfully, this was one. —His Worship coincided, and allowed £2 2s. The expenses of witnesses amounted to a like sum, and court fees, £1 lis Gd, swelled the total to £5 15s 6d. His Worship said the large sum to which the costs amounted was sufficient penalty to a man in Campbell's position. He would fine him Is, distinctly intimating that the fine was not intended to be nominal, antl but for, the costs, {.he fine would libt havq been less than'£s.' Mr Lascelles hoped the gentlemen of the press would note his Worship's remarks.—This concluded the business of the day.

WAIBOA VOLUNTEERS. 303 400 oOO Volunteer Parker . 444-1-14-1 3333333 3013233 . .. 67 „ sargent.... . 3-13233-4 43M344 23-13332 . .. 00 . 33-143-11 4313331 2:123332 . .. «4 . 2333341 0433333 3422222 . .. 53 „ Anderson.. . 4413333 3i20223 2310-102 . .. 55 „ Peatman.. . 3340333 4324223 2023023 . .. 51 Total 362 ABM El) CONSTABULARY. 300 410 500 Constable Maolonald. . 2143434 433333 1 03400-11 . .. GO I. Watt . 2133341 3433232 43-10033 . .. CO „ i!c< onoll.. . 412i344 3334313 2433002 . .. 53 „ 11. If. Watt. ,. 3444123 20)2332 2222330 . .. 55 „ Deightou.. . 3413321 4103202 232022-1 . .. 53 . 1331331 2J33201 202)000 . .. 45 Tot ill 331