THE RESIDENT MAGISTRATE'S COURT.

Maori Messenger : Te Karere Maori, Volume II, Issue 13, 20 August 1862, Page 7

THE RESIDENT MAGISTRATE'S COURT.

In 1858 the Chief Manukau Rewharewha, of Kaipara, delivered a gun to Mr. William While to be repaired; and not having been able to get possession of it, an action was brought for its recovery, on Thursday the 31st of July, before Mr." Beckham the Kesident Magistrate, and Sir Osborne Gibbes, Bart., J.P. ' The manner in which the case was disposed of was matter of surprise to Manukau and his friends, and they have left town with a high opinion of the justice and promptitude enacted in our Courts. On many occasions the Native people have had speedy redress by appealing to our Auckland tribunals, and we trust that they will prefer this course for the settlement of difficulties, instead or taking the law into their own hands, which thev are often inclined to do. We lay before our readers the details of this case, copied from the Southern Cross:—

Mr.fWyoß was, soljqitpr .for plaintiff; Mr. Merniriari representing defendant. Mr. Monro acted as interpreter . The possession of the gun was admitted by the defendant. the plaintiff was first sworn and deposed: I recollect lending a gun to defendant. It was at the time that Mr. Rogan paid me for the Paparoa block, four fare ago. My friend broke the stock, and gave it to defendant to get it repaired. I gave 57/. for the .gun. We were at Otamatea. I gave the gun to defendant, and some : time afterwards I went to the gunsmith's and looked out a stock for it. tfpfendant was with me. Twelve months.-hM then expired- from the lime I gave 'fOo defendant. Had it been finished I would have got it' then. I have forgotten the name oCthe gunsmith, but I know the house. I have asked defendant for it three times,' and he has not given it to me. Mr. While V)ld me I must pay for the gun first; and I said, ' Let me see i t, and if properly repaired 1 will pay,' I have never seen it since. 1 last asked defendant for it while the sale of guns was open. • Defendant demanded sf. as payment, I thought the price too high.

Cross-examined by Mr. Merriman: I never made any proposal to defendant lo pay. He was a loving Trend of mine, and 1 of him. I agreed to pay the cost of repairs, but Mr. White said nothing about being paid: for carriage of it. I did not agree to pay % for bringing it to Auckland and buck. Defendant was to be paid a small sum for bringing it in and back. Had the gun been Gnished 1 could have taken il. back myself.: Defendant did not offer to return the gun on payment, of expenses until he had kept;it four years. Had. be taken the gun to Kaipara I would have paid him. Defendant has anlyilflteiy offered to give up the gun, since restriction was put on. I had a conversation with Mr. Halse about giving up the gun.and defendant was present. It was at defendant's desire we went to Mr. Halse's. In consequence of that conversation the gun was left in the bands of the Government. Defendant did not then, or before, offer to give up the. gun. 1 remember defendant serving writs in Kaipara last April., Hedid not then: offer to give back the barrels wiihout the stock. He /did not tell me be had th 6 gun in. hjs possession. I did not then ask uinTto give me ihe gun, because the

restriction of Government was on. Long agol tbldMr. Whiteid bring me the stock and I would pay for it; but as it was never offered to ine I never offered; to pay.

Re-examined by Mr. Wynn; Defendant never made a request; for a specific sum. Had the gun been '• finished I would have given &. This was plaintiff's case. The defendant was then sworn: Plaintiff promised to give me'SlJ for bringing the gun to and. from Auckland to tfaipara, oyer the cost of repairs, i gave the gun to Mr. Evitt. I could not wlih safety return the gun to plainliff. I believe I brought it in immediatelyon receipt, and handed it, to Mr. Evitt for repairs. It remained with Mr. Evitt mord than two years. I applied to Mr. Evitt frequently for it, and threatened to take it away unfinished. I did everything I could to get it from him. Mi*. Evitt placed a restriction on, my delivering the gun to plaintiff. I have, had a conversation about the'delivery of the gun, with plainliff in presence of Mr. Ualse. I paid Eyilt 3(. lbs. The plainliff has. never offered me the money I paid oh the expenses of bringing it to Auckland, t have previously brought guns to Anrkland. It was a double-barrel gun. The stock was broken at the thin part. The other gun was a dpuble-barrel, broken at the same pface. I cannot say bow either was broken , I do not recollect bringing any other guns. I was always willing to give up the gun when I could do so with safely. Cross-exainiried by Mr. Wynn: I have never said to plainliff, 'Bere Is your gun and give me my money.' The restriction was a Government license. I got it from EvWt in and took it up. to Raipara. It is more than four years since I got it from Manukau. Ido not know that Evitt had a right to impose a resiriciion. The law was strict. I 'cannot sa'jr*THaff it more than one night before I placed the gun in Evitl's bands. Manukau has asked me for the gun, perhaps twenty times, I recollect Manukau saying I bad o gun of bis in an arbitration case. 1 do not recollect What I said. '< 1 never d inied having the gun. I took the gun to Kaipara t and bold myselfresponsible foc*he gun. It is in custody of a friend. I placed the gun!

m the bands of one of my domestics at Kaipara. He is a native. I have left it with Wm to take care of, for fear it would be •stolen. Re-examined: The native is my own servant, and I can reclaim the gun at any moment. George Evitt deposed: I recollect the defendant bringing a gun to re-stock. I placed no restriction on Mr. White, bat advised dim not to deliver it. In the trade the gun would be worth a couple of pounds. Mr. White paid me 3£ iOs. for repairs. I returned the gun to Mr. White in February, 1860. * ■ " ■ ■ _'-■'«'' -•'*•- "&> Cross-examined by Mr. Wynn: If was merely advice I gave Mr. White. I cannot exactly say whether any restriction was then imposed for giving guns to natives. By the.Court: I should sell a gun of the same stamp as.the one in dispute for about 10/.; 57/. would be an exorbitant price. 157. is about the highest I ever got for a gun from a native. Henry liaise said: Defendant and plaintiff came before me about this gun, and a conversation took place, part hi English and part in Maori. Mr. White asked me for an ariftc-ftiy to give the gun to the native. 1 tolf him I had no authority. Mr. White toTd me he would give the gun oh being paid expenses. ./' Crossfexaminecl by Mr. Wynn : This was a fortnight or three weeks ago. This "was the whole of the evidence offered on defendant's behalf, and his Worship reserved bis decision nntil yesterday <<Frtday). Upon the case being called on yesterday, His Worship said: The Court was of -opinion that judgment should be passed for plaintiff, for the sum of 15/. Execution not to issue for three months, in order to give defendant an opportunity to make the necessary application to Government for the gun. If the gun was not returned on the expiration of thai period, the execution to issue -for the sum as above.