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Hawke's Bay Herald, Volume 7, Issue 433, 31 October 1863, Page 3

To tJie Editor of the Mavoke's Bay Retold. Sin, — In your issue of the 24th instant there is a report of a militia ease tried at Waipawa— Lambert v. Weekes— -in which your correspondent says — " Captain Newman stated to the Bench that two men had already been drawn from his station,, and be considered it his duty to do all in his power to keep defendant from serving in the militia, which \yould interfere with the work of his station." Now, really, this is almost too ridiculous to answer, but just that. the public may see the worth of such one-sided reports, I will tell you what I did say, which was — " That 4 out of 5 men from my station had been drawn, and if the fifth had been drawn also, he must have gone, but that there was not any authority for holding supernumeraries ; that Weekes was not drawn as one of the -frds required, and therefore was not a militiaman. The facts are simply these : — f rds of the Ist and 2nd classes of a portion of No. 7 Company •were ordered to be balloted for on the 25th Sep- j tember ; 57 was the number on the roll, 38 being ] g-rds ; but the Commanding Officer drew 44, thus leaving 6 to veer and haul upon at his pleasure. Only 2 claimed exemption, which would take in 39 and 40. Weekes was 42nd man drawn. After the ballot Captain Lambert called over the names of the men and at the same time made them fall in, but he did not call Weekes, nor did he fall in. •Surely, had he been considered a militiaman, he should have done so. That the man below Weekes may be serving is nothing to the purpose, and it is not my place to fight his battle. The other parts of the report are not worth notice, being much of a muchness with what I have refuted ; but if the concerter will sign his name to the next, he may hear of something to his advantage from Yours faithfully, Alfeed Newman. , Arlington, 29th Oct., 1863.