AUCKLAND.

Hawke's Bay Times, Volume 5, Issue 267, 19 May 1865, Page 2

AUCKLAND.

EXTRAORDINARY PROCEEDINGS IN THE NORTH. (From the Southern Cross.) A correspondent, on whose good faith we place every reliance, supplies us with the following details of a case adjudicated on m the Resident Magistrate’s Court, at Waimate, and which illustrates the grievance under which Englishmen labor compelled to appear in a rural court as parties to to any suit with Maoris. Our correspondent says:— “ A respectable settler, and a man of probity, purchased some few years ago a farm at Pahake, close to the Waimate, on which he has expended a considerable capital in farming improvements, stoek, buildings, &c., and is just now in the critical .position that most settlers have to pass through—that in which, having expended all their capital on their land, they are awaiting some first returns for their labor and expenditurePof capital, and are jttst in the position when a trifling reverse may • bring ruin and the prostration of all their hopes. ■ “The gentleman I have just spoken of did, on the sth ol March last, the day being Sunday, take a stroll through his cornfields, no doubt admiring the rich pasture which his successful toil had produced, where formerly the useless fern alone encumbered the soil. He looked at his tattle and horses, and no doubt counted and anxiously calculated the length of time in months that would elapse before his farm would 1 begin to make the expected; and return , Ho little ■ thought, however, of the cost this pleasant Stir - day morning’s stroll was to bring upon him. ' Ho

little dreamt of impending ruin, when admiring the smiling farm, the produce of Ids toil, for he little knew tno'consequence of living in the neighborhood of a semi-barbarous .race, who have an establishment expressly provided for them, with all the necessary machinery complete to enable them, under pretence of law, to rob in a wholesale manner their European neighbors. “Mr. Clarke, after looking over his land, and being about to return to bis house,, perceived that the fern was on fire on thepther side of a small river, which is the boundary of this land. There were a party of natives squatting by the side of the creek, at about 300 yards’ distance. *He returned to his house, not thinking much of the matter; but soon the wind sprung up, aud the fire became a large conflagration, and Mr Clarke being, no doubt, anxious qn his own'account, returned and remained watching for some time the progress of the flames, until they had retreated from the immediate, neighborhood of his own - dwelling. He, during this time, also prevented the house of a native from being burnt, and also rescued some little property from the flames. After this the fire ran on fo r some miles, did some considerable damage to native property—probably from £3O to £SO worth, and Mr. Clarke was summoned the other day before the Resident Magistrate and his Maori assessors. The event need be scarcely told. A demand for £2OO was made by the natives, and Mr. Clarke has been ordered to pay this sum, or the whole damage, whatever it might be, up to £2OO. The jurisdiction of the Court only reaches to that sum ; but if the Court could have given a verdict against Mr. Clarke for £IO,OOO, no doubt the Maoris would have claimed it—and got it too, if selling Mr. Clarke’s property , would have raised it. “ Now the iniquity of this decision is easily made plain to the public, by simply referring to the report of the case herewith enclosed, by which it will be seen that not one item -of evidence is brought, or can be brought, to show even a color of suspicion that Mr. Clarke originated, or had anything whatever to do with the fire. The whole case may be summed up thus : Mr. Clarke saw a dangerous conflagration raging close to to his own valuable house and property, and he went and remained anxiously watching it till the apparent danger had passed —and for doing this , he is fined £200! - “ There are, as you will see, three witnesses against (?) Mr Clarke.” Our correspondent encloses correspondence between Mr. Clarke and Mr. E. Williams, R.M., in which the latter informed Clarke that the case brought by Kohumaru against him, “ being a civil case, uo evidence was taken in writing beyond the notes made by the Bench, this being the usual course adopted.” A copy of the depositions* therefore, could not be procured: but a report of the proceedings, supplied from memory by Mr Clarke, and verified in writing by another settler who was present during thh trial, is the oidy record of (he case we possess. This document wo publish as under; and if it gives a fair and impar- . tial report of what took place, then all we say is* that a most outrageous claim, for which there was neither foundation in law nor equity, has been confirmed by the pusillanimity, or worse, of the local magistrates : , EOUUHAEU 7. CtAIKE. The plaintiff stated that on Sunday, March sth observing a large body of smoke in the direction of his whare, he went to the summit of a hill where he had a view of the same. Saw the fire had passed his whare. Not being well, sent two Maori women to see things safe. Observed some one in the act of protecting the whare from being burnt. Believed the person to be a native of the name of Pehi. Hearing what the witness Calico and others said, believed the Are to have been occasioned by defendant. On the 14th went to defendant and asked payment for damage done to bush, when defendent denied having'anything to do with the origin of the fire, and said he would would not pay a sixpence. Brought forward as one of the reasons it could not have been done by defendant, that he was not in the habit of smoking, and never carried matches. Calico’s evidence being taken, he said:—Was one of a party of Europeans and natives who were bathing in the creek on the morning of Sunday, March 5. After bathing they proceeded on the road towards Ohaiawhia, some of the party continuing on the road. The witness (Calico), on arriving at 'the track which branchaa off from the main road to the Waimimite, left his companions. At this juncture the witness looked back and observed smoke arising in the direction of Pahake. At the same time observed defendant standing on the other side of the creek, on his own ground. The smoke was observed in two distincs places. TuM examined; Was on the morning of the 6th March bn his way to the Waimimite. When on the point of entering the road turned round and observed fem on fire on the ground belonging to Kohumaru. Saw defendant in paddock adjoining standing looking at the fire. Tamakana examined: —Was at the Waimimite settlement on the sth March. Observing a good deal of smoke on the other side of the wood, and having a cultivation in that direction, got on his horse and went to see things safe. After doing so, rode over the ground where the fire had been. Went to Kohumaru’s whare, where ho left his horse, and proceeded on foot to the place where the fire commenced, and observed it bad been lighted in two different places. On looking about discovered the print of a large boot. From the appearance of defendant believed it to be the defendant. Went to the defendant on the Monday morning, aud taxed defendant with being the originator of the fire. Witness produced a string from his pocket, which corresponded with the length of the boot worn by defendant. Mr G-. H. Clarke then made the following defence: On Sunday, the sth of March, according to my usual habit,' I was walking about the paddock and premises, when at one end of the paddock I observed that a horse, which had a Jong line attached' to him, had become entangled in the fem. . Went to, the other side of the padock to release him. When we Iking, across the

paddock observed the parties bathing. While attending to the horse observed smoke on native ground adjoining mine. Curiosity led me to go to that spot. To do so I had to make across the ground on which, the fire was burning. When arrived at the spot was surprised not to see parties in the act of burning off. Recrossed the stream on to my own ground, to reach a more elevated spot, from whence to view what was going on. The period which elapsed between this and my first perceiving the fire was at least ten minutes. Remained on the elevated spot for a considerable time, in and about it, in my paddock for at least at hour. Returned to my house when my attention was attracted by one of my family saying Kohumaru’s whare was in danger. I remarked the fire had passed it. On closer observation discovered a small flame close to the whare. I immediately hastened to extinguish it. Found on arrival at the whare that the lire had ignited some laid fern, and was running back endangering the whare. I made things safe and returned home. On reaching my own paddock looked back and saw native women at the whare.. Again reiterated what I had said in the former part of the investigation—l had nothing to do with the origin of the fire. The following observations on the case have likewise been forwarded to us ;

“From the bathing place to where the fire originated is about 300 yards. From where the fire originated to the place where the Waimimite road branches off) and from whence the witness Calico first observed the smoke, is nearly half-a-mile. From the wood in second witness’ evidence to where Clarke was seen standing, it was half-a-mile, perhaps a little more.

“ After the evidence of each witness was taken defendant was asked by the Court if he wished to put any questions, and answered he did not know that he did, as what they had stated was substantially correct. Defendant accounted for his footmarks in his statement of defence, and also said that he had been in the daily habit of walking over the ground in quest of his milkina: cows. At the close of last witness’ evidence, defendant was asked if he had any o.ther question to put, and he answered no, but supposed ho was at liberty to make a statement. Defendant overheard the assisting J.P. remark to the Resident Magistrate, ‘ It is an easy thing to form a statement after hearing the evidence.’ “The bench was formed by the R.M., one J.P., and some seven or eight native assessors. “ There is a native track leading from the Waimimite and other settlements, nhich passes close to the spot where the fire originated. No reason or inducement could be brought forward as a motive for setting fire to the fern.” THE CRUISE OP THE ESK ON THE EAST COAST. CAPTURE OF BROWN, THE DESERTER. (From the Southern Cross). H.M.s. Esk, Captain Luce, which had been sent to the East Coast mainly for the purpose of obtaining inteligence of Mr T. A. White, arrived in harbor yesteeday ; and we are sory to have to state that she brings no news of that gentleman. Intelligence reached Auckland some days ago that the natives of Te Kaha had informed Captain Luco that Mr White had left there in the Kate William, and though the Esk has since then called at various places,.there is nothing to add to this; so that even those who have been hoping against hope must now bo forced to-the conviction that the Kate Williams and all on board must have perished And we are sure that every one of oar fellowcitizens, from his Excellency downwards, will sympnthise with Mr White’s relatives in their affliction, and feel that we have lost an able and honest public servant. The Esk left the harbor on the 25th ult., and next day arrived at White Island, where some of the officer! went on shore, if such it may be called where there is a danger of sinking through the crust at every step. The same evening the vessel reached Te Kaha, .where . Captain Luce and Mr Falloon landed and communicated with the natives. Nest morning the Esk steamed to Hicks’s Bay, where she lay till Monday evening. From that place Captain Luce, Falloon, and Mr Parker, aidede-camp, went overland to Waiapu, where the vessel also arrived on Tuesday morning. Captain Luce, on coming onb&ard, brought with him two chiefs’ named Morgan and Wickliffe, who went down to Poverty Bay, where the Esk anchored on Wednesday morning. Next morning a great meeting was held by the natives, at which Captain Luce and Mr Falloon were present. On Friday the Esk left Poverty Bay for Auckland, and about midnight, when off the East Cape, a strong northwesterly gale came on, which blew the vessel away to the eastward, so that at noon on Monday she was only fifteen miles to the westward of west longitude, in latitude 3(5 degrees 32 minutes south. On Tuesday, the wind abated, and the sea having gone down, she was able to proceed under steam. She experienced light westerly ; winds the remainder of the voyge.

During the stay of the vessel at Poverty Bay, the deserter Brown, regarding whom so many stories have been afloat, was captured by a party from the ship. This man had been sometimes represented as aiding and abetting the rebels, and sometimes as being compelled by them to cany the heads of Europeans. Brown was taken before General Cameron yesterday forenoon, and was charged with having deserted from the 57th Eegt. at Taranaki, between two and three years ago, having, it is said, broken out of the Stockade, where- he had been confined for some offence. We understand that, yesterday Brown did not allege that he had been detained amongst the rebels. He denied ever having been in the army at all, and said he came to New Zealand in a whaler called the Mary Ann, and, after living some time with the Ngapuhi, Went down to the East Coast, where he says he has been acting as a “ stockjobber,” whatever he may mean by that tern.. Five men of the 57th, who are at present in the Albert Barracks, it is said, are ready to swear to -him being a - deserter. Brown will, of course, be tried by a Court. Martial but it is doubtful if anything more serious than simple desertion from his regiment will be charged against him.