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Hawke's Bay Herald, Volume 3, Issue 130, 17 March 1860, Page 4

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To the Editor of the Hawke's Bay Herald. Sib, — As my absence from the January sittings of the District Court was publicly noticed by Mr. Hart, and has also been made the subject of comment by illnatured persons, I shall thank you to insert the enclosed letters from Mr. Hart, which will shew that my absence arose neither from any neglect of my official duties, nor from any desire to shew disrespect to the Judge of the District Court j but simply because I had no business what* ever to be in attendance officially in that Court. I am, Sir, Your obedient servant, H, R. EUSSELL. Napier, March. 14, 1860. WellingtOD, February 11, 1860. Sir, — In reference to a letter addressed to you. in the last month by the Clerk of the Hawke's Bay District Court, forwarding a copy of the calendar for the January sittings of that Court, and intimating my impression that on the occasion of a trial which might terminate in a conviction for felony it is the duty of the Sheriff to be present, I have the honor to inform you that on further examination of the Acts bearing upon the subject, the impression above referred to, so far as relates to trials before the District Court, has been removed. I have the honor to be, Sir, Your most obedient servant, ROBEET HATiT, District Judge. Wellington, Feb. 14, 1860. Dear Sir, — ."Every one olS.oially.-ooaeerHod.in the late sittings of the District Court at Napier was new to his then office. The want of previous arrangements for the accommodation of the Court threw upon me the direction of them, and even with the kind assistance afforded, they were not so complete as they might have been made had influence been used on the spot a short time before the sittings. The form of the precept to the Sheriff was not among those handed to me in answer to enquiry for forms. It was returned to the Supreme Court since the sittings of the District Court at Napier. The information it contained was therefore wanting. Upon a suggestion made at Nbpier I acted ; I regret the publicity. Since returning here, and looking into the matter, I gave to be copied the draft of the official letter received herewith or by this post, some days before receiving from Mr. Grrindell the copy of your letter. A copy of this explanation is also forwarded to the Clerk of the Court. I remain, dear Sir, Yours, faithfully, Eobeet Haet. Henry Eobert Eussell, Esq., &c, &c, &c.

To flic Editor of the Saiofce's Hay Serald. Sic, — I have watched, with interest the reports in your paper relative to an investigation of the Survey Department, now pending in Council. From this, as a casual reader, I conclude that the government have not fall confidence in the head of that Department, or why should any investigation be required. Now, in common justice to a large number of gentlemen intimately concerned, I think this enquiry should be a general one ; that is, all parties interested in the matter should be examined on oath ; I mean not only those gentlemen actually employed on the staff, but also private surveyors, for it is evident that if only one party be allowed to give evidence a case may be made good whether facts will bear it out or not. Again, should any matters transpire prejudicial to the interests of any, is it asking more than justice that they should have an opportunity of confuting them by their own testimony, and that of professional men disinterested? It is well known that such things have occurred. Another thing to be considered is this : the gentlemen composing the committee may be, as no doubt they are, well educated men, but is it to be supposed that they have sufficient knowledge to judge on professional matters without proper evidence ? And, therefore, with all due deference to the committee, allow me to suggest that the testimony of the whole of the, Surveyors in the province must assist their judgment. I am, Sir, Your obedient Servant, ■ JusxiilA. : Napier, March 14, 1860. ' :

To the JEditor of the HaicJce's Say Herald. Sib, — Mr. Coleiiso made some grave charges against the Inland Magistrates, before the Provincial Council ; but, as usual, got hold of the dirty end of the stick., Collins. was ndt, fined £100 as Mr. Colenso well knows. The fine for 'selling!, spirits without a license i» feced -at .£so.; ;tibie

magistrates hare no power either to increase or mitigate, and, although a single glass is sufficient to depict — it is well known to most in the district that these people have been selling grog on the sly for years, to the injury of the man who pays for his license. The man' Gillmore did not Berve a subpoena on me. It might have been intended for me, but was not so ; hence I did not attend. But I did not tell him I would not do so, neither was I simple enough to point out his mistake to enable him to get a proper one, and drag me down to Napier to givejevidence in a case that I knew no more about than Mr. Colenso himself, except by report. Strict enquiry should be made before subpoenas are granted ; taking people 50 to 60 miles at great inconvenience, trouble, and expense. Again the poor man was not summoned by the Waipukurau Bench to answer a charge of which he knew nothing. I signed the summons, which stated the charge very clearly and fatty ; and Mr. Colenso should have satisfied himself on that point by perusing it, before making such a gross misstatement. But now, mark, how these horrible sheepfarmers hang together. Three of them sat to try this case, and will you believe it, Mr. Editor, they actually gave a verdict for defendant.It appears to Mr. Colenso a very hard thing for a poor man to be summoned to a court within one mile of the place where the transaction took place, and where all the witnesses live, but a matter of I very little consequence taking a master, if he happen to be a sheep farmer, 50 to 60 miles away from his occupation for several days. Then as to my discharging a servant upon some altercation, without part of his wages. Mr. Colenso .hears the story of the discharged man, who, of course told him what an innocent, illused individual he was j but what a dreadful monster his late master (Captain Newman), a sheep farmer. The name and occupation were quite enough for Mr. Colenso — he was quite sure the man had been shamefully treated, and of course he, as a " Tribune of the People," would see him righted. But had Mr. Colenso been in my place and not acted as I have done, he would not have done his duty to the public j and, with all his deadly hate .to the sheep farmer, were he on the Bench I •should have no fear even of his decision. So much for a few of Mr. Colenso's facts — what are the rest worth ? I am, Mr. Editor, Yours very truly, j AIFBED NEWMAN. ! Waipukurau, March 15 t 1860. j