POSSESSION OF LAND.

Hauraki Plains Gazette, Volume XXXIII, Issue 4366, 16 January 1922, Page 2

POSSESSION OF LAND.

DEFIED BY MAORI WOMAN, x

KEREPEEHI INCIDENT’S SEQUEL.

Consequent to some little friction between officers of the Lands Department at Kerepeehi and a Maori, woman who claimed to own certain land on which she objected to a gang of men working, a muscular looking native woman, Peneti Hoani (defends ed by Mr Clendon) appeared before Mr J. A. Salmond, S.M.I, at the Thames Courthouse bn Friday. Accuse! pleaded not guilty to two charges, one of assaulting Constable James Michael Devereaux in the execution cl his duty on Thursday, and another that she wilfully trespassed on a block of land known as Te Kata-a te Kawau situate at Kerepeehi and refused to leave after warned to do so by Edward Taylor on behalf of the owner.

Accused was at one time part owner of the block Te Kata-a-te Kawau. recently taken under the Public Works Act by the Lands Department, and on Thursday on going to work . on the block the Lands Workmen were interfered with by ac- ■ cused, who objected to them going on the land. Mr E. Taylor, resident en- . gineer, had endeavoured to put mac-' ters right, but as he could get no satisfaction called Constable Devereaux who had received a blow on the side of the head when he commenced to explain matters to accused. . Accused had explained that she did not want to part with the land and refused to give it up..

STRUCK THE CONSTABLE. Constable Devereaux in . his evi-i dence before the court said he was asked by Mr Taylor to prevent the’, natives from creating a disturbance-. On going to the property he explained tlie position to accused, who said she did not want him. unless he agreed with her. She then slapped him on the side of the head. She refused to leave the land. She would not part with her interest nor would she give up possession. She did noti intend to allow anyone to go on the land.

Edward Taylor, engineer in charge of the Department’s operations on the land, said he was called 'on account of accused pulling up the pegs which his men had been putting up. She, was striking the Department’s Horses with a post. After endeavouring to explain the position for about two hours, he had to call the Police. "When Constable Devereaux arrived accused : hit tjhe policeman on the side of the head. A' man named Ward, foreman 'of a gang of men sent to work on the block, stated that accused struck the horses and the constable, and would not allow witness to work the horses. ■ She untied the horses from a house which he was aboutJo remove and refused to allow any work to be done. NO INTENTION OF VACATING.

Accused; in the box', stated that she knew of the proceedings the Lands Department had taken to secure the land, but she refused to sell. She would not accept compensation, nor would she give up possession. The engineer had explained the position; but she would not allow the workmen on her land. When the constable 'had arrived she thought he was going to take her part, but as he did not she pushed him away and told him to go/ She had always occupied the land 1 , and was at present living on it. She did not intend vacating the land. The Gazette notice proclaiming the property in question for the Lands Department was produced in court. MAGISTRATE'S DECISION.

The Magistrate, with reference to the charge 4 of trespassing, said the ; proclamation had the effect, of vesting the land in the Crown. Accused possibly objected to the men’s presence on the ground under the belief that she had colour of right as owne.r On the other charge he was quite satisfied that accused had no right to assault the constable, even if she was the owner. It was possible that had the constable known the facts he may, have the parties concerning it. Accused had acted in an entirelyunwarranted manner. He took into consideration that she was hot tem-

pered. On the assault charge accused was convicted and fined £5 and costs, in„ default one month’s imprisonment, with hard labour. One week was allowed in which to pay. ~ Accused was also bound over to keep the peace for two months on a recognisance of £lOO and one surety of £lOO. Decision on the other charge was reserved.