THE WERAITE ROAD.

Wairarapa Daily Times, Volume XIII, Issue 4172, 22 July 1892, Page 3

THE WERAITE ROAD.

Hosking ut. Beetham. A Second Information. Lively Proceedings. The Oase Dismissed. William H, Beetham, Chairman of the Masterton Road Board, was charged in the JR.M. Court this morn ing, before Colonel Roberts, E.M., and Messrs Butcment and T, E, Price, J.'s P., on tho information of Dr, W. H. Hosking, with having voted on a question in which ho had a direct interest, apart from that in common with the public. Mr Bunny appeared for the prosecution and Mr Beard for the defence. Mr Bunny: Does your Worship propose tn sit on tliis case 1 Colonel Roberts: I do, Mr Bunny. Mr Bunny stated that it would be / a farce for him to offer evidence with *Kthe Bench as at present constituted. Colonel Eobertß, as Magistrate, had two votes to the Justices' one and it would be useless to go on. It was well known that His Worship was opposed to the prosecution, Colonel Eoberts stated that he could not allow this suggestion to go unchallenged. He had heard the first case and adjudicated upon it, and counsel had intimated that it would appeal against his decision, He had made his arrangements to hear the second information, and at the last minute counsel for the prosecution had asked that it be heard before Justices. He considered it his duty to sib on this ocoasion. He did not think it professional of Mr Bunny to raise tho objections he Bad. Mr Bunny; That is a matter of opinion, Colonel Eoberts: You appear to prefer the opinion of Justices to that of the Magistrate. Mr Bunny thought it questionable taste on the part of Colonel Roberts to •"•adjudicate on the second case, Colonel Roberts retorted that he was quite prepared to take the responsibility of bis action. Mr Bunny: It is obvious that the Bench is packed, Mr Beard stated that the object of his learned friend was quite clear. The proper course to adopt was to appeal on the provious case, Mr Bunny: 1 shall offer evidence to the two Justices, Dr.Hosking: No don't; I shall withdraw the case. The Bench is biased, There is no hope of getting justice in this Court. Mr Bunny: Very well, I shall withdraw the case. I consider Dr Hosking has taken a proper course, The Bench is not an impartial one. Mr Butement thought the remarks of Mr Bunny quite uncalled for. Mr Bunny stated that he was prepared to leave the matter with the Justices; but there was no doubt that the Chairman of the Bench was .. prejudiced. Mr Butement said Cfolonol Roberts had consented to exercise only one vote. Mr Bunny Slated tbnt the Resident Magistrate had too great an influence over the Bench, Mr Butement: I may show how we can gel over the difficulty. Perhaps Mr John Gardiner, J.P., will take a Beat upon the Bench. Mr Bunny; I have no objection to that. Mr Beard, in the interests of the public, contended that the propor course was for tho Clerk of the Court to reconstruct the Bench, if it was not as it should be, The Bench should be an impartial one, Mr Bunny stated that the present Bench was not above suspicion, Mr Butement; That is not a proper remark, Mr Bunny: Your Worship knows that I refer only to a portion of the Bench, Mr Butement: Mr Gardiner was as well is myself. ' '* Mr Beard: lefaouldlike tn know what my learned friend proposes to do. lam quite willing that Mr Gardiner should go on the Bench, Mr Price: The shortest way out of the difficulty is for Mr Gardiner to take his seat, Mr Gardiner: I have no objection to going on the Bench so long as the Colonel retains his seat. Dr Hosking; I will withdraw tb.6 case if the Colonel is on the Bench. He is biased. Mr Gardiner here took his seat, but Dr Hosking left the Court in a hurry and an adjournment was made for ten minutes to allow of his return. . Dr Hosking returned a few minutes later and had a heated controversy pith his counsel in the Court, Ho declared that he would not, go on wjtb the case. ' •' On tbe Court resuming, Mr Bunny stated that he had been instructed not to offer any evidence in this case on the around alone that there was a JMagistrate on the Bench who had 'Stetned an opinion belore hearing the jasp. Cplonel 'Eoberts had stated from the Bench that if t|ie evidence was (be same as in tbe first case he would not alter his opinion, Mr Beard said the prosecution had decided to withdraw the case because they could not get the Bench they would like. Mr. Bunny: Tbat'a an absolute falsehood and a lie, Colonel Roberts; I cannot allow such a remark: " , Mr Bunny: I Bay the, remark of Mr Beard is false, Colonel -Roberts; Sit down, Mr Bunny. . Mr Beard: I shall ask that the case b» dismissed,

Colonel 'Roberta: In dismissing the case, the Bench cannot help expressing the opinion that the reason's given by Mr Bunny for withdrawing the information are very frivolous. Mr Bunny: That is for we to say. Colonel Robot ts: Tho case is dismissed. Costs amounting to £1 19s were allowed the defendant.