SUPREME COURT.

Gisborne Times, Volume XXV, Issue 2191, 21 September 1907, Page 1

SUPREME COURT.

(Before His Honor Justice Dennis ton.)

CRIMINAL SESSIONS,

The criminal sessions were continued at the Courthouse this morning. SENTENCE FOR ASSAULT. James and Robert Leslie were brought forward for .sontence, having been found guilty of common assault The accused woro sentenced to d months’ imprisonment.

ASSAULT. Tunra Makarini was charged with assaulting Katto Sullivan at- Waipiro. Accused pleaded not guilty. Mr. J AV. Nolan conducted the prosecution, and Mr. W. L. Bees appeared for the accused. The following jury was empanelled: Messrs Chas. J. IT. Hepburn, Chas. F. Adair, Win. Hay, Herbert Jas. Buslmoil, Frederick Olias. Bull, Harokl W. Bain, Henry G. Tucker, John McFarlane, John D. Bell, August Lange, Herbert E. ‘Johnstone, Walter Stewart Black. Mr. (Bushnell was' chosen foreman. Frederick C 4. Arden who did not appear was fined. .... , Mrs. Sullivan deposed that she was the wife of Frank Sullivan, contractor at Waipiro. She was returning home along the beach When .a young Maori rode round a small lull very suddenly and nearly rode her down. Ho asked for a kiss, and witness told him to go away Witness threatened to inform the police and also her husband, but accused said he did not care. Accused then struck witness on the mouth and knocked her down. He then started to dismount, and witness screamed for help. Some children who were some distance away also began to cry, and accused who had not properly dismounted galloped away in the direction of Waipiro. Constable Baker, of Waipiro, deposed that he had made every endeavour to bring Isabella Curtis to town, hut she was too ill to travel. Joseph Woodford deposed that he knew accused and Mrs. Sullivan. He met the accused on the Waipiro beach. Accused did not appear to be excited, although he had no hat 01 Frank Joseph Sullivan deposed that he remembered his wife coming home on the 31st August. He asked her what- was the matter as she was bleeding freely at the nose. She told him that a young Maori had assaulted her by trying to run her down with a horse. He liad struck her oil the mouth and knocked her down. Witness told liis wife to go inside and told Mrs. Curtis, whom he met, to remain with her while ho went to try and find the Maori. Hameura Walker deposed that he lived at Waipiro. On August 31st last Frank Sullivan came to him and described a mail. He recognised the description as that of accused, and he went in pursuit. He caught up to accused, and asked him to como and speak to Frank Sullivan, and the accused refused to. The jury, without retiring, found the accused guilty, and he was sentenced to six months’ imprisonment. ALLEGED HORSE-STEALING. Rangi Hotene was charged with the theft of a horse at Ormond, the property of Polioi Anaru. He pleaded not guilty. Mr. J. W. Nolan conducted the prosecution. The following jury were empanelled : Archibald M. Grey, Thos. -Robit. Mackrell, Hugh Bruce, Matthew McCredie, George Shierlaw, Chas. S, Haines, Chas. F. Turner, Olias, C. Rnbv. Jas. Williamson, Arthur Wade, Frederick G. Rowley. .Samuel H. Phillip. Mr. M. McCredio was chosen foreman. Polioi Anaru deposed that ho resided at the Karaka. He know accused He gave accused a horse to break in for-him. Accused did not return the horse as arranged.. Witness next saw his horse outside the Courthouse in the possession of the * Edward Thompson deposed that he knew the accused. Ho asked him on the 13tli day of December if lie would exchange horses. Accused said he would want a lot of money to hoot. Witness offered him £6 to boot, which accused accepted. . Tawalio Maria deposed that she knew accused. He took a horse from her husband to break in. Accused brought a cream-colored horse back to witness’s place. Polioi Anaru. recalled, stated that lie had not received any money for the horse. . ~ The accused addressed the jury, stating that Polioi sent for him from Te Karaka to take charge of a horse to break it in. He kept the horse for a couple of months. The horse was quiet but very shy. He returned the horse to Pohoi, who said that he did not want a shy horse- and told accused to exchange it for a quiet one. Accused took the horse and exchanged it for the one from Mr. Thompson, receiving £6 to boot. He then went to Pohoi and gave him the creamy horse. Polioi asked him where the £6 was, and accus'd said lie had spent a portion of it but’ he would pay it back soon. After hearing His Honor’s summing up, the jury retired and brought in a verdict of guilty.

ALLEGED HORSE-STEALING. Rangi Hotene was charged -with stealing a black horse, the property of Nepia Rani, at Ormond, on the, 21st February. Accused pleaded not guilty. Mr. J. IV. Nolan conducted the prosecution. The following jury was empanelled : —'Messrs. James R. Miller, Tiros. Haache, Archibald R. Poole, Frederick G. Artlern, Jos. Olirisp, Geo. Smith, .Win. F. Crawford, Stephen Sci-agg, Jas. Hay, John MeFarlane, Chas. J. 'Hepburn, Chas. F. Adair. Mr. IV. F. Cirawford was chosen foreman. , , , ~ Mr. J. AY. Nolan conducted the prosecution. Nepia Pani deposed that ho knew the accused, and Saw him between tlio Malcaraka races and the Park races. Witness lent him a liorso to go to Mangatu. He saw accused the following Saturday, arid asked him where itlie horse was, and he replied that he had given the horse to Tuhoc. Witness then went to Wanganui. On his return lie saw .the lioree in the possession of Coil. Neenan. He had given no one authority to dispose of the iiorso m any Tulioe Telia deposed that ho knew accused. He was present during a conversation between tlio accused and Nepia Pani, wheiLthe latter was asking accused for his horse. John Cassidy deposed that he had purchased a horse from the (accused on 21st February last. He asked accusecl at tlio •jjimo i-f ftho liorsc belonged to him, and he replied that it did. Witness disposed of the horse to a man named Baker, who in turn sold it, the horse ultimately getting into the possession of Con. Neenaii: Constable Doyle deposed that he had arrested the accused on the present charge. . Accused, m addressing the jury, stated that he went to Pariliiinaiiihi and saw Neuia Pani there. He exchanged horses with Nepia, and then went to Mangatu, where lie worked. He eanje down for the races. He saw a man named Murphy, and made arrangements with him to go to Wanganui to work. The jury returned a verdict or “Guilty.” Sentence. was deferred, bis Honor having deoided to consider all the liorse-stealing sentences together.' ALLEGED HORSE-STEALING. Eria Tutarakauika was put forward on a charge of the theft of three mares land three foals at Waitoaremoan a. Accused was also charged with having received the horses knowing them to have been stolen. Mr. Nolan appeared for the Crown, and Mr, Stock represented accused.

The following jury was empanelled : —Matthew MoCredie (foreman), Harold W. Bain, Walter S. Black, Frederick C. Bull, Auguste Lange, Herbert J. Bushnell, Henry G. Tucker, Jas. Hay, Stephen Scragg, Thos. R. -Mackrell, Olias. C.. ‘Ruby, John D. Bell. Malanma WhakJamoo deposed that in Julv, 1906, ho had horses running at Waikkremoaiia and others at Pakuni. Among them wero some belonging to Maitai. Saw itho horses in Julv, 1906, and when he ayeiit ,m March j 1907,' to see them they were not thore. There were 12 at Pakum. Next saw six at Wliarekopae. Witnews owned two of them .and Maiitli owned'.four. The horses were in possession of Walter Judd. Never gave anybody any autliorty .to remove or sell the horses. Accused had no claim on .the horses. .By Mr. Stock: Somo of the horses were left at Pakuni in 1903 and some in 1904. Between 1903 aawl 1906 visited the horses frequently. On one occasion saw accused and told him lie (witness) had horses running there. Did not knew that Mnkarini was in charge of Er.ia’s property. Accused was mot the'chief owner of Pakum. There, were a number" of other horses on the property belonging to sundry people. Did hot, see accused or Mnkarini when the horses were missed in March, 1907. Re-examined : Accused knew .perfectly well .what horses belonged to witness and iMaitni. Walter James Judd said he know accused and .the last 'witness by ■sight. Bought 11 horses .from accused in March at Matawhero saleyards. Paid £35 for the whole lot. Six of the horses were claimed by the last witness. Ho (Matamua) asked witness if lie had bought horses from accused. Matamau gave two brands, and next day lie claimed three mares and three foals.

For the defence accused gave evidence on his own behalf. ‘Matamua never left any horses in his charge at Piakuni, and never told witness there were any of liis horses there. The block belonged to witness and Wi Pore and their relations. In 1903 there were 50 liorses on tlio property, .and 40 in 1904. (Matamaii never .asked witness about horses of

his. Witness received instructions from the then Commissioner of the East- Coast Native Land Trust to take himself and his stock off the block. Malta,i left a liorse on .the land in 1903, but he never .inquired later for it. When the horses were mustered and driven off, Emma Maitai. a niece of Maitai, was present, and witness told her there were two

horses ,belonging to Maitai running on tlie land. Emma said they had better he sold, the proceeds of the sale to be ipaid to her. Sold the two horses, and put down £5 .as their value. Paid £2 to Emma, and held £3 to pay bo Maitai. Cot a receipt (produced) .from Emma. After being charged with theft saw Maitai _ at Waikaremeana. Witness told Maitai of having sold the horses. ‘Malta i said that was very avail. Eater on paid 'Maitai £l. Witness'still held the balance.

By Mr. Nolan: Paid .Maitai £1 on July 22nd, the day before the proceedings in the Police Court. Did not tell liis counsel about this before the Police Court proceedings. Did not know the ownership of all the horses at Pakuni. Saw the receipt given hy Emma written. The date (February) on the receipt was not the'date of .the agreement. The agreement was .made, in March. Makarini made the .receipt. Makarini, of Mangapolia.tu, said he acted as manager in 1901, aiid was in the position up to 1904. During .that time knew of no liorses being loft bv Matamau, and Ma.tamau never told him he had horses there. Mai.tai’s horses were left in accused’s charge. Did not see Emma Maitai at Waikaremoana or Pakuni, but at Mangapohatu. Accused and witness met Emma, and accused gave her £2. Witness wro.te_ the .agreement and Emma signed it. Bv Mr. Nollan: Most of the liorses at Pakuni belonged to accused. The an-reement with Emma was signed at ■a place near Mangapohatu. Witness knew the horses belonged to .accused and Maitai. Mr. Nolan then called Ilapita Maitai. who deposed that he did not leave his horses .at Pakuni in the charge of .accused or Makanna. Could not swear to .the signature of his niece Emma. She wrote 'a fairly good hand. Knew nothing .about the alleged payment of £1 hy accused to himself.' There were only ‘about 20

horses at Bakuni. By ; Mr. Stock: Accused never said to witness that ho had sold the horses on his niece’s authority. Never gave his niece authority to sell the

horses. Just before the Court, rose tlie jnrv came into court and intimated that there was no possibility of them -agreeing. - „ ALLEGED THEFT FROM THE PEItSON.

Jas. Vincent Crimmins and John Thompson were charged with the theft of £2 5s from the person of ono John Brookes. Both accused pleaded “not guilty.” The following jury was empanelled: —G. Shierlaw (foreman), Hugh Bruce, Jas. Williamson, Arthur Wade, C. S. Hayes, Frederick G. itow-ley, John McFarlane, F. G. Ar-dern, C. F. Keroot, Jas. Ohrisp, C. J. H. Hepburn, Wm. Hay, , - ■Mr. J. W- -Nolan conducted the prosecution, and Mr. Sainshury appeared for accused. John Brookes, laborer, Opoutama, said he saw accused and a man named Fullbrook in the -Gisborne Hotel on tlie day When the theft w-as alleged to have taken -place. The four had a drink, for which witness paid. Witness was sitting before the fire and dozed off. He felt a -hand in his pocket, and later -missed liis purse. Asked accused for his purse, and one of them gave -it back -to linn, hut £2 5s had been taken from it. By Mr. Sainshury: -Had no drinks before going into the Gisborne Hotel. Had two drinks -there before accused oame in. It w-as -after -tlie -money, was taken that tlie barman refused to servo mere drink to witness. Took his purse out before leaving homo and put some silver in his pocket, leaving £2 5s in it. Did not- see who took the purse, hut Crimmins was closest to witness. Had beau in tlie hotel for nearly half an hour before

-accused came in. . John Law, barman, Gisborne Hotel, deposed it-hat the four men were ,in itihe bar -parlor when lie went on duty at 3 p.-m. Brookes ordered drinks for the company. He ordered another drink, but witness -refused to serve Brookes. Next saw Thompson with his fingers in -a puree which Brookes held in his hand. Henry Airev, barman, British Empire Hotel, -deposed that -accused had drinks in the hotel on -the -afternoon o-f the -day in question, Thompson paying for the drinks. During the morning -accused had about six

drinks! At 1 o’clock accused Hud Fullbrbok avere together and called for drinks, for which 'they could not To Mr. Sainsbury: _ People, froquontly tried to bluff him for drunks when’they had money. , . Harry Fullbrook deposed that .in the Gisborne Hotel lio'stfw Thompson ■take a Purse out of Brookes’ .pocket. By Mr.rtSainsbury: After leaving the'Gisborne Hotel the accused .and witness went to tlio Tuiungaanu Ho- - tel. Did not tell anybody about the ■puree having been stolen. Re-examined : Witnei&s if)aid for the drinks, tendering 'a £1 note in payment. After leaving tlie Turanganui tlio three had a drink at the Gisborne Hotel 'and another ‘.it tlio Masonic Hotel. Geo. Wales, polico constable, gave evidence as .to arrest of accused. On the way to the station Crammins said: “I’ve had a good run; I suppose a mail will get two years for this.” Jas. O’Haria, polico constable, .also gave evidence of the arrest of accused. When Criminans was searched he was found to have 3s in money in one of lvis pockets. After a short retirement the jury returned u verdict of "Guilty.2 His Honor, in passing septcy,re, referred to the bad previous records of accused. The present offence in itself was not of a very serious nature, but the Court wished to put .'down the practice of men hanging about- hotel bars and robbing drunken men. Both accused would undergo two years’ imprisonment. The Court then rose until 10 o’clock the following morning.