RESIDENT MAGISTRATE'S COURT, FOXTON.

Manawatu Herald, Volume II, Issue 40, 13 January 1880, Page 2

RESIDENT MAGISTRATE'S COURT, FOXTON.

Saturday, January 10, 1830. (Before R. Ward, Esq , R.M.) ASSAULT vfrru ISTjSXT. G. Stevenson, Walter Derrelt, and Heta (a native) were charged wilh committing an assault with intent upon a native woman named Sarah Downs. The cftso Was heard *«vith closed doors. Sarah Downs, the complainant, deposed —I remember the occasion in question, when I saw the defendants; 1 was in Foxton on the day, uud left town that evening; I was somewhat the worse for liquor that night, and I saw the accused ; they said they were going to Motuiti ; I aaid I wished to go there too, and they said, "We will all go together ;" Heta said, " Here is a horse for you to ride ;" I left Foxton in company with the men — there were .four Europeans and two Maoris ; the saddle on my horse was a man's, and I rode liko a man ; when we got opposite somo houses down the line, criminal overtures were made to me by Heta and one of fche Pukehas ; I refused, and they pulled me off the horse, but owing to my strength they were prevented from accomplishing their purpose; I cannot say positively these were the men, as it was dark ; I never got off my horse from the time I left Foxton until the assault took place ; I called out loudly whilst they were assaulting me ; four of them weut away, two remaining — one European ani one Maoii; ifc was a dark night ; I struggled away from the two man, and got into a swamp ; they then got on to their horaes to look for me ; I turned to come back towards the town, and saw thoy wf-re looking for me ; as I was coining back to town I mot another Kuropean, and these two came up on their liorses ; I took hotd of the European, b .dug frightened ; I asked him to let me go to his house, and ha consented, the two men still following ; this European and I then -at down on a toi toi bush ; while we sat there the two men rode np, with their horses' heads a.-ainsfc my European friend ; he told them to keep their horses away ; ono of the men —the European— said, " What is it to do with you ?" 1 then got up and ran away, and left the three talking together ; I got under a bush and hid ; soon after this I saw the two looking foi me ; they were on their horses, and had leffc the other Kuropean ; they did not find me, and went away ; 1 remained under the bush until the European my friend called mc *, I do not know his name ; I went with tho European to his liouse, and stayed there ; I wont away next day ; he has no wife ; I did. not see ouo. * Uy Mr Staite— l had not behaved improperly that night before leaving Foxton ; (tho wit uess here confessed that her moral character was very defective.) Mr Staite said he had no wish to cumber the case with a lengthy cross-examination, but would ask the privilege of recalling witness, if necessary. He wished to avoid ti number of questions, the answers to which could not be creditable to her ; bufc might be compelled to ask them at a later stage. By the Court — I do not recognise the men hoiv. as some of those who assaulted me; I did not myself lay au information against them ; the police came to me about it. James Carter, a stockman, residing at Oroua Downs, deposed — I was iv Foxtou on or about the lltli December, in company with defendants; I do not know what time we left ; I started before tbe others, and they followed tne ;, I stopped after I got through the second cutting on the racecourse; I was in company with Michael Scanlon- I thm turned bank to see if my mates were c.initig along ; I met George Stevenson, and a littlo distance oft' I hoard some one talking; Stevenson was walking, leading his horse;- two or three minutos after, I went home; I would havo heard screaming if there had be.v any ; a short distance further on, Stevenson overtook me, and further still, Derrett ; Heta was one of the party ; I clo not know the native woman ; Derrett and B tovensan aro well-conducted men. By Mr St .ite — I know the woman is a bad character ; when 1 saw Stevenson I noticed some p*cple on horseback . short distance away, but could not distinguish whether they were men or women ; i 1 " was a dark night. Wcreta, a native, deposed — I did not leave Foxtou on any occasion with the accused; Ido not know this woman ; it is the first time I have seeu her. Michael Scanlon, a laborer at Oroua Downs, deposed— l do nofc remember the the llth December; I remember leaving Foxtou with Carter ; we were ahead of the others; I saw this nativo woman onthe racecourse that night ; there were present Stevenson, D. rrett, Carter, Wereta, and Heta ; I saw the woman ou horseback and on the ground ; I do not know if she got off tho horse herself; she was lying on the ground when I saw her ; sho was not screaming. [The remainder of tho witnes.' evidence is unfit for publication.] Mr Staite declined to cross examinc,.nnd His Worship said tho case had broken down. The defendants wero discharged. larceny. .Nesbitt Lumsden was charged with stealing a slriwl of tho value of £1, from Lydia Mncgregor, a half-caste, on the 7th iust. Lydia Macgregor said that she rememhered the 7th inst., aud saw the accused on that date on the r.iceconrse ; h- took my shawl off me; I dou't know that he was skylarking with me ; ho did nofc gefc oif his horse; I don't kua w what reason he had for takiog tho shawl; Iwas not playiag with him ; there were others prtsent ; when ho seized my shawl, my sister advised me to iet it go, or he might pull me up on to the horse ; I did not think ut the fcia-.e that ho had an intention of stealing it ; I identify the shawl produced as the one takon from me ; I know by the general appearance of the shawl tha*. it is mine ; ho he did not return tho shawl to me ; I heard that he sold the shawl afterwards to a man named Nga Hupa. Nga Hupa, being sworn, said thafc he saw the accused oa tho 7th inst, boyond tho third mile post ; I bought the shawl produced from him ; he offered to sell tlie shawl to me ; I offered him 2s for it ; he said "No, I want 5s for it;" I psked him to undo it, so that I -right sco it ; when I saw that ifc was a good shawl, I gave him os for it ; Lumsden had a mate with him named Melbourne; after I hud given the 03 for tho shawl, Melbourne told me th-j shawl belonged to Lydia; I asked the accused to givo mo back the mouey, and I would roturn the shawl ; he refused to do so; he did not return tho monoy, and I then went to my place ; when I reached the house my wife and others recognised tho shawl as Lydia's ; lam sure 1 told Lumsden the shawl was Lydia's, and asked him to returu tho money, which he refused to do; the accused speaks .Maori pretty well ; tho accused told me ho had used the shawl for a saddle cloth at tho races. By accused — Melbourne was present when you gave me the ss ; ho did not say he would give back the money when I hud returned the shawl to Lydia. James M'Conville, being sworn, deposed ho was in the employment of D* Frasor, of Rangitikei ; left, Foxton on the 7th instant, in company with Lumsdci; I mot throe persons on the racecourso ; Lydia and two othir natives : I saw the accused atid Lydia

having each hold of the shawl, and heard Lydia tell hira he could have the shawl ; he thon took the shawl ; we went two miles beyond Motuhi pa, and we met Hupa ; I told liumsdeu it would be a good plan to sell him the shawl and tell him the owner after; nccu.ed sold the slnwl, and then told Hupa who was fche owner; the 5s was to be returned when Hupa returned the shawl ; the native said he would not give the shawl back ', accused had not the least intention of stealing the shawl ; the shawl was bought cheaply, and Hupa said he would not give back fche shawl; I thought he would give back the shawl to Lydia ; tho Maori did not ask for his money back ; the 6s waa not returned at tho time to the Maori ; it was to be returned when 1 came down *, I have seen fche two speaking together pretty often. By Court — I spoke aboufc soiling the shawl so that Hupa would be sure lo return it to Lydia ; I did not think it was a "crooked thing" at the time; there was no talk aboufc returning tho shawl to Lydia before the money was paid ; I have never seen shawls used for covering horses 0-, racecourses ; Lumsden and I were both sober. This wns the ca ; e for the prosecution. His Worship said he would deal with fcho caso summarily, and called on the accused to make his statement in defence. Lumsden said that they met the natives on the racecourse, and he commenced joking with Lydia, and each had hold of the shawl, when the girl threw the shawl on to him, and said he could have it. Afterwards when th-jy met Hupa, Melbourne (M'Oonville) said it would be a good means of sending back the shawl to Lydia by Hupa and get some money from him a. security that the girl would get tho shawl, and thafc was the reason he sold ifc. Melbourne was to return the money to Hupa when he came to Foxton in the couree of a day or two. | It was a complete joke from beginning to to end. The girl knew this, and would never have prosecuted him on snch a charge. He had plenty of money at the time. When he left Hupa he rever expected to hear anything more of it, as he thought he would return the shawl to Lydia all right. His Worship, addressing accused, said that he hac'. known him since he was a little boy, and he had always known him to be an honest lad. As he had a doubt in bis own mind whether he hid actually intended to commit a felony, he would give him the benefit of the doubt, and discharge him. But he would point out to him that he had narrowly escaped -.'acing himself in a felon's position, and lio hoped it would be such a caution to him that he would never place him. elf in such a position again. Lumsden then left the court.