OPOTIKI.

Bay of Plenty Times, Volume II, Issue 110, 20 September 1873, Page 3

OPOTIKI.

(FROM OVR OWN COKHK**' '** ' * RESIDENT MAGISTRAL A > .T. SKPTRMBira 3. {Before H. W. Brabant, Esq., R.M., and Wtromu Kingj and Te Bata, Native Assessors.) A NTTMBKK of cases were set down for hearing in t he Resident Magistrate's Court to-day, but owing to the complicated mass of evidence produced by the natives, and their perplexing stupidity in giving it, only the following cases wore disposed of. The highest praise is duo to our worthy and painstaking magistrate for hi* patience and for* bearaneo in dealing with these grievously provoking examples of perverse humanity, and for his skilful and accurate perception of right and wrong amidst, such confusion. His judgments liave, in almost every case, given satisfaction.

. inilA V. STKI'UKK MAHONT. Claim, .-026 6s Bd, damages alleged to have been sustained by wilful destruction of property m burning down a wharo wherein said property was contained. t. r j

Hira to Popo, being sworn, stated : The list bo tore the Court is a correct list of articles contained in the wharo ; was absent at the time t do not romoinber the date of the occurrence t an old woman saw two Europeans go towards the wharee, strike a match, and throw it on on© of

thfiS hira ’ Sw ? rn * ' Saw defendant eloae to h7> ,r . ro was Mother man with W» | strike a m«T. than <Jefen^anfc * saw the short man th Z\T™ t h . and ,P ut lfc *> roofing of the - *' jen wbaro was butts o<)« y d «fon<3ant; The other man and you were together ; I was a short distance from you t you arc the man that set fire to the whare ; them was no candle in the whare. ? y Beach ; I did not see defendant before and mr^lf WftS o ‘V£ ld * fcbo bou » e ?my grandchild “r *, y . f "T : r . e th ® d, % people in the where { it r midd!c ’ fcbo day» there wore two Europeans ; I dou t know where the other one ia j 1 would know him if ho were here, or if I saw him among other Europeans j I did not speak to them ; I was frightened. F Here followed a mass of unimportant evidence, which occupied the Court for several hours. Stephen Mahoney then made a statement to the following effect;—On the day in question I was strolling with a friend towards the Butts; ho took mo towards some wharea near the river; I believe I was the first to outer the whare s my companion came in after me ; I saw inside » very old woman ; we came out again immediately ; 1 do not smoko j I had neither pipe, tobacco, or matches about me; I only noticed the fire whoa I had nearly reached the Wharf Hotel. Constable Marsh, being sworn, deposed s I waa on my way to the Butts when I first observed the tire ; l saw defendant and another man standing near the graveyard ; I called to them to come and cssist me to put out the fire; we succeeded Iw J *« e « oUln 9 I Ws and a <i l «»ntity of cooking utensils J Idid not anything to connect the burning oi the whare with defendant. Plaintiff nonsuited, each party to pay their own oostSt

HOANI MITA V. BAWIBI ACAKAUHE, waß a °, laim for the sum of £25, for alleged detention of a horse for a considerable time past, and for refusing to deliver up the same. Copious evidence was produced on both sides of a moat Sf"eXS torMti ” B *>“•«» Judgment for defendant, with 25s coats.

SISKI'KM 888 4. (Before H. W. Brabant, Esq., E.M., and Wiremu Kingi and To Hate, Native Assessors.

_ JOSEPH HAT V. TEBIAKE. lh« was a moat Interesting chbo, being literally Eie English law ««•«« fcha Maori law of Muru; ~. h 2, Joseph Hay, a half-caste, belonging Kaha » a claim against defendant for the sum of £6, being amount of damage done to a whaleboat by taking illegal possession of the same and afterward* dragging it two miles along a beaebon sledges. The facts were as follows : riaintifi was suspected of having had, at soma remote period of time in the past, a laianon with defendants wife. This offence, according to ancient Maori custom, rendered it justifiable for defendant to seize any property of plaintiff's of any description whatsoever, without reference to its value, and at any time or place in the future. 5? opportunity occur during the life time ot the disputants, they would then hand down the lend to future generations, who would keep it up with as much zeal and earnestness of purpose as though they were the original parties concerned T Acting upon this principle defendant having heard that a whaleboat, the property of plaintiff, was lying at Opape, two miles beyond Omaramutu (his own settlement), immediately despatched a party of bis friends with a team of bullocks and two sledges, who, seizing the boat without opposition, placed it on the «ledges and dragged jfc to their own settlement, proclaiming it to be confiscated according to th# -aw of Muru. ffho owner of the boat, however, who was m Opotiki at the time, on hearing of the affair, instead of, like a true Maori, going home without a word, decided upon asking the proteotaW En « h » h , law * he proceeded at once to lay his case before the Resident Magistrate, who immediately despatched Constable Frederick Jones to Omaramutu to take possession of the boat and restore it to its rightful owner*. On reaching the settlement our worthy town policeman (who, by his knowledge of the language and his straightforwardness and determination iu dealing with the natives, has acquired great influence over them) was allowed to take away the boat without demur. But it was then found that she was stove in by the jolting on the beach, xlenoe the present action. His Worship, after hearing the case at length, cau'.ioned the defendant against committing the like offence again, and fined him £1 and costs, it not having been clearly proved by plaintiff’s evidence that the damage done to the boat was actually the result of the sleighing.