MAORIS AT VARIANCE.

Hauraki Plains Gazette, Volume XXXIX, Issue 5236, 8 February 1928, Page 4

MAORIS AT VARIANCE.

I ALLEGED THEFT OF FERNS. CASE FROM TIROHIA. At the Police Court at Paeroa on Monday, before Mi’ F. W. Platts, S-M., a Native; woman named Kuratu Te Akau (Mr R. S. Carden) proceeded ’against Hape Johnston (Mr C. N. O’Neill), a Native residing at Tirohia, and claimed the sum of £lo' for alleged trespass and removal of king ferns. Mr Carden stated that in August last defendant had trespassed on the plaintiff’s property and removed some valuable king ferns. Damages of £5 for trespass and £5 for the value; of, the ferns were claimed. Kuratu Te Akau, an aged Maori woman, far whom the services of an interpreter had to be obtained, stated that she owned a block of land near Tirohia. In a gully on the property was a good patch of king ferns growling, ami which had been taken by the defendant. The feyns had been planted by her husband’s father about 30 years ago, and were highly valued.. Epiha Ngawiki, a Native, said that he knew the plaintiff’s property, and he gave details of the gully in which the, ferns were known to be growing. To his knowledge the ferns had been taken. He; had heard defendant say some time in August that he had takejn the ferns for a woman, and he had also seen king ferns growing in defendant’s garden a fortnight later. The value of a large; king fern was about £2. When he visited the gully he saw signs of' a man’s hob-nailed boots. Other ferns had also been disturbed. He had heard that defendant’s daughter had found the king ...ferns;. He knew the locality thoroughly, and did not thiink there were any other king ferns in the district. To Mr lO’Ne.ill .witness said that the Tirohia railway station was about a mile from where the gully was. He could not deny that parties of school children had been over the property, but he /lid not think any children ■could ge,t down into the gully. Although the king ferns in defendant’s garden were over four feet high, hd did not think they had been growing more than a month, fpir the reason that some of the fronds had died down.

Punch Taupaki, of Tirohia, gave corroborative; evidence, and said that in his opinion a full-grown man would be required to carry the ferns out of the gully. A party of school, children could not get the ferns, out. ,

Mrs Hennah, a middle-aged Maori woman, from. Tiroh'ia, detailed a conversation in the course of which she heard defendant say that his daughter had (found the patch of ferns, and afterwards, defendant and his daughters had gone back tp the gully and taken them.

Evidence was givpn by R. S . Carden, -solicitor, Paeroa, who said that in September last he had been instructed to recover a payment of £5 and in addition the return, of the king ferns. Documentary evidence was tendered dn support.

Hape Johnston, defendant, explained that the • king feyns had be ! e;n brought to’his w,hare by his t niece and another child. There were three ferns, the'largest being about 2ft 6in high. Two of the ferns were taken back to,the bush, and the youngest girl took one home-. 'To keep the ferns fresh prior to returning them they were placed in the garden at the back of the house. He had never taken any ferns from the bush, and denied that Mrs Henna'h’s. evidence was correct. Under cross-examination by Mr Carden defendant said that, the gully was not very steep, and the ferns were returned as. soon as word ■ was sent to him. He had no knowledge of a fern being sold at Te Aroha. Artnie Johnston, a Native girl, 12 years of age, a. niece of' defendant’s, s,aid that with her cousin she had brought four king ferns from the gully. Three had been planted in the garden and her cousin took one; away with her. Her uncle had never brought king ferns from the bush or planted them in the garden. Her school teacher and a • Mr McCaskill had taken a class up to thes bush to learn) about the trees, and they had gone into the gully and seen the king ferns, but none bf them was touched. Her uncle made her take the ferns back on another day and plant them in the gully where they came from. In reviewing the evidence the magistrate said that the ferns had apparently been growing on a large block of unfenced land, and on the evidence any person might have removed them. There was certainly no evidence to show that Johnston had taken-them or had committed trespass. Judgment would be for the defendant, who would also, be allowed costs; amounting to £1 8s 6d.