Resident Magistrate's Court. Foxton.

Manawatu Herald, 15 July 1893, Page 2

Resident Magistrate's Court. Foxton.

(Before H. W. Brabant Esq, R.M).

Thursday, July 13.

CIVIL CASES.

McMillan, Rhodes & Co. v. William Wilson —Claim £51 14s. No appearance of defendant. Judgement for amount claimed and- costs 455.

CRIMINAL.

Thomas Kelly and John Leahy were charged with using threatening and obscene behaviour so as to create a breach of the peace.

Mr Halliday appeared for fendants who pleaded not guilty.

The charge was laid under the Police Offences Act, section 3 subsection 29. '

Tapata Thakara deposed — The two prisoners- were at the Motuiti pah on the 3rd* instant ; at five o'clock came up from the beach, and near Easton's slaughterhouse heard some one calling out he was beiag hurt by a white ! man ; Rameri, Birepa," Te Kapiia, Margaret te Bangi and herself were in the cart ; when they got to the place where the man was calling out saw the two prisoners who were standing behind novae manuka ; they used very bad language to them ; were frightened being all women in the cart and drove away at a quick pace ; these men then ran in front of the cart to the side of the railway, one in front and one behind ; the accused John Leahy came forward to catch hold of the horse ; from the pace the cart was going he failed to catch the horse ; it was six o'clock ; called to the people in the pah, owing to being pursued, " come to our assistance as we might be hurt by the Europeans " ; the men then ceased pursuing ; the people were at the railway station to meet thfycart; tbe native, when they first came) up, was lying down by the fence fc and the prisoners were close bye but' in some scrub; the native said he had been assaulted by some Europeans, his name is Witana ; could not say which prisoner used tbe bad language think both did ; one of accused appeared to know Maori and was cursing in Maori tbe other in English ; know the prisoners were handed over to the constable at the pah. Cross-examined — Did not understand English; only knew Witana by his voice, he was some way off; were going in the carl ~ after i^ting accused, as hard as they -"could? all beating the horse. By R.M. — The people from the pah went and fetched Witana and the accused ; he was 'wounded in the head ; he has gone rt<> jßppgitikei ; there was a horse with a saddle on it near the place; belonging to Witana. , ] Ramari Ron deposed— Sa^ the accused at the pah and . on t^e^ road on 3rd instant ; was ,in the ; cart. (Witness corroborated ,',! the ; *ti ret witness.) Knew that .Keyy^k-new the Maori language ; both 'focused also called out in English,, „\ " Cross-examined r— Knew, Vl spme words in English ; could see the features of Witana when on tho road ; it was about six o'clock ; it was Leahy who was grazed by the cart. •-•' :u Katherine te Kopua depbsefl^-'She was in the oait. (This <-< witness corroborated the statement of the first witness.) ;,"../ / * Cross-examined— Could not ' speak English but knew the iqeanjW of some of it. .;••>;.:•. J. Gillespie deposed — On the night of the 3rd instant 'a- messenger came in from Motuiti and he went from what was told him,ratojk(s to the pah, 'bieabjK/'l9n^'|ffifi^^'2 found accused ill a "vthfcjcp iw|pk of natives ; Koko coia^^il |k#iaving been knocked-ofT b^i^m^|with a stone by the ace, used p» pg< a very severe hurl; ;baiwQeni||^R' <^'s ; the women ■ comp^au^edv! m&\ n nftli the same worfs donCM&ix w him; had asked a%cusecl ;if <<<^ W& any explanation as the cliiirgv^is very serious if true ; , thisy rde^fed the assault saying th^y*|naW]jJjothing about it, and denied&Jlfving in* terfered with the wotften 4in any way ; he took the xpen^a charge ; they were brought up next morning but from want of an interpreter the cases were not then heard'; that was all he knew about the case. Cross examined — Believed Koku had been drinking but was sober when he saw him ; suggested that possibly he had > fallenoff Jjis<hfcrse ; he said such wag riot the oaseM By R.M.— The accused said the Maoris were telling a lot of lies ; they v offered no. account ,nf ibeut proceedings thaV*e?^angl n\J Q For the defence Thomas Kelly deposed — Left Foxton about 5 o'clock on hiai way to work; at three«quartera:ofa.'imle from Motuiti a dray came along; with some Maori women in it; passed them on the road and whipped the horse up ; within aquarter of a mile of the pah-h^ard CPnAsinging out ; a lot of Maoris soon <Jime down the road and commenced guying them about; refused to go witty tNm and they dragged him 200 yards back towards, -Eoxton, then brought him back to the pah; the natives were the worse for drink ; never saw the Maori who was assaulted until hi

was brought to the pah ; a native in 'the pah said they had sent for the police as they had assaulted Koku. Cross-examined — Was with other accused on the road on the 3rd. Saw Koku in town that day ; had no grievance with him ; was born in Auckland'; have known Leahy a number of years, he is a half-brother ; the natives said the same thing in the evening as they have done to-day. John Leahy deposed— Left town with last witnsss for Jones' sawmill ; a Maori dray passed them ■;" heard a u . war-hoop "of some kind ; did not in-any* way interfere with dray in Speech or action ; ten or a dozen natives came down the road, took hold of him and took him back towards Foxton; asked "what they meant," one replied in English "You will soon know the reason why." Was taken back to meeting house, and some native women were brought in and they had a talk ; was told to lay down and stop there ; was not told why he was kept in that house until the constable arrived, when he was accused of striking a Maori in the face with a stone ; the constable asked him if he knew what had taken place and her replied " No. was perfectly jnnoc.ent." Saw the Maori with the scar on his face in the house ; we never interfered with the Maoris in any way. Cross-examined.— Been in the Colony 35 years ; did not know the Maori language ; never heard my brother speak in the Native language ; first saw the Native dray on the road ; Saw nothing of Koku ; the three witnesses have told deliberate lies, they have not tbe slightest reason.

,T. P. Williams deposed— Saw Koku about 10 days ago riding and he was very much intoxicated.

rjOross-examined.— Did not see the Native assaulted that evening ; he was the only Koku in this district; he was a great lushington.

T. Ennis deposed — He knew the accused for the last 15 years ; he could not speak too highly of their character.

Cross-examined— Knew the natives well ; think the native witnesses would say anything and stick to it to the last.

. Constable Gillespie recalled said it was between 9 and 10 o'clock when he got to the pah ; the Natives appeared excited and annoyed ; did not notice the Natives were the worse for drink or had been drinking who spoke to him. Wirihana deposed — He lived ,at Motuiti at present ; was present when accused were arrested ; they were so because the women had said they were afraid of being injured by the white men; and Witana had been -assaulted j had not a drop of drink at the p^kj}hafc r day ;,_■; kne,w Witana ; he is ala^ kaowij as Kbka ; first! saw Witana whete the women said, they left him lying*; ho .said he had been assaulted :bjhthV- Europeans ; when Witana was'got on the horse they met acouWd who were being brought fjßd^^itjina;. said; the^ajcoused HHoae w,ho had struck him with mkiiheNativfe visitors . to the ha^^een, drinking but they had nothing wjth.the' Purest*; perhaps ' Koku had been drinking; should not think Witana had been hurt by falling oft by the state .of his clothes.

The R.M. said the Native evidence had no flaw, nor could he suppose it was a case of mistaken identity. He could pee no object the Natives could -have in trumping up a cose ; tbe defendants made no attempt to defend themselves at the time when arrested ; ' he could see no reason to disbeliever "the£ 'statement of the Maoris ; he f^lt bound to convict and the accused would be fined 40s each and oosts

The defendant pleaded guilty. ; ; Jonasisaidhe was wiser now about the law than he was, and refett&tto the constable for a eha-

racter. I Constable Gillespie said he had been informed gambling had been carried on in Jonas' billiard room, and asked him to stop it ; he went there afterwards and found men playing for " Nap," and Jonas received a portion of the stakes for the use of the room. Fined 60s and costs, 11s. Francis Keen was charged with a similar offence at his billiard-room. Defendant pleaded guilty. Constable Gillespie said he did not think Keen received any share of the stakes; The gambling had only, he believed occurred once. Fined 40s and costs 7s.