MAGISTRATE’S COURT.

Hokitika Guardian, 12 October 1923, Page 3

MAGISTRATE’S COURT.

(Before W. Aleldmm, Esq.. S.AI.) | i ALLEGED ASS.AUI The Police cliargod Rudolph Louisch iiud ID Pilmwii. (Airs Louisch) with having assault Isabella AleSavei guy, at Arahura. Afr .Selleis appealed for the do. fondants and Sergt King for the police. Sergt. King said this was a peculiar cose connected with tho whitebait industry. The Arahura was the scene <d the trouble. The Maoris claimed they iiad the whole of the fishing rights for the Ariiluira river. He (Sergt King) i s 1 nsp-ector of l-'islie: ies bad registeied three claims to trenches ;.l Arahura. file Native Department authorities had given him notice to cancel these tree- j clies and this lie had done. Iho other | Maoris did not raise any objections to these, while fishing there. On 3rd. Oct. Mrs Muir. Mrs McSaverny and Mrs Akers were fishing, when (tec,reo Taimii clinic to where they "oie, went into the liver and took the nets away to the Pali and impounded. Then Louisch who was on horseback carped Alls AlcSaveniy through the river several times, and the nose of the horse touched her several times duriii£ u period ol ton minutes. Mr Sellers said the defence claimed that, the Arahura river was absolutely vested in the Native Trustee, who had i 1,,. sole light to authorise fishing lights. Isabella Alc.Snvergny deposed she lived at Arahura. On Wednesday. 3rd. October she was fishing for whitebait , m the south side of the Arahura River, on Mrs Taker's property. Had no objections raised by the Maoris. TLul a registered trench to fish there, but it was cancelled. None of the Maoris objected to her fishing. At about 12.30 p.m.. was there with her mother (Mrs Muir). Mrs Akers (sister). AVb.en witness got to the fishing place, saw Louisch and Arts Louisch. the former on a horse. Witness put her nets in. No cue spoke a word. The nets "ere in about- ten minutes when George Tniimi went to the trenches and took her net and Mrs Akers’ net and took them to the puli, saying he was going to put them under lock and key. Then Tri Piha-wa turned round and came to witness and shook her fist in her face and called witness a dirty bitch, stating. “You ought to be in gaol for the thieving you have done.’ That it was only her (witness) lies aiul .Murdoch

that had got her off. A\ itness was not struck, but Pibawa was very close up. Louisch was close by on a horse and he came towards her. W itness ran into the stream np to her knees and T.ou*

isch chased her across and chased her back, the nose of the horso touching her several times. Lou isch said the horse was savage and would tramp her to the ground. Louiseh was digging his heels into the horse to make it rear. She was afraid it would trample on her. Witness was wet to the waist. Witness then ran hack to her mother. Airs LouTseh called out to Louiseh to chase witness. Witness did not give any provocation. .She was afraid the horse would trample her down, and Lou-, isch did his best to make it do so. To Air Sellers -She did not fall in the river and gave no provocation. The notice she got from the Sergf. stated the peg registered by him had lieen c ancelled. She- persisted in fishing, because she had been advised she could fi-h there as it was tidal water. Had no notice to desist from fishing, except that from Sergt. King that the trench right was cancelled. She did not lay her hand on any part of Mrs Louiseh. She did not touch tile horse, nor did she strike at Louiseh. Sang Rule Brittanuia as they wen- going home, but Ilicl not add that the Maoris did not own the Atahura liver. She did not use the words (written by counsel) after the alleged assault. Shi- denied using offensive language to the female defendant or Louiseh. Louiseh said the horse was wild and would jump on her. Her mother (Mrs Aluir) called out that the horse would kill witness. She went across the stream to get out of the way of the horse, and Louiseh chased her across. She ran hack across the stream to her mother.

A ITER NOf>N STITTNG. The Court, adjourned at l p.m. and resumed at 2.15 p.m. Caroline- Akers gave- evidence v'nat she resided at Three Alih- with her husband John Akers. On 3rd Oct. was at Araliiira. Got there: about 12.-ID. I here won- Geo. Tainiti. Hi Rihawa, L-niisc-h and others. Witness put her net in the river. Lousie-li was on liorsehac-n. Rihawa had a hoe in her hand. Saw Louiseh chasing her sister across the sti-c-am. Heard Rihawa using threatening language and shaking her first ill her sister’s lace. When 1 ouiseb was chasing her sister, witness was going to her assistance- when Rihawa pushed witness over and she fell into the- water. Saw Lousie-li milking the horse rear almost on top ol her sister. netmother called nut that the horse would kill her sister. Rihawa encouraged Louiseh. Witness had an authority from I.auric- George to fish on the river. The- two defendants were Beonlv two people to c-aust- a dist urbane-*. To Air Sellers The- dist urhanc-e I.displace* about. ID minute's after they arrived al the river. No nrovoeaticin "as given. ltd Rihawa was the first to start the row'. Laurie George gave tie-in nermission. dated Nth. August. When i he- assault was taking place wil-ue-ss stood lo'. Did not. sec- her sister assault Rihawa. Helped to sing Rule Brittania al tie- finish. Only the words of the- song were sling, nothing eise. Did not hear ln-r sister use- strong language to Louiseh. Of.eft Sitting).