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RESIDENT MAGISTRATE'S COURT. Wellington, June 9, 1848. Before Henry St. Hill, Esq., R.M. Porutu and Te Teira Wetu, Native Assessors. E Tako v. Karena — Crim. Con.

The plaintiff in this case, who is well known in Wellington, had applied on a previous day to the Resident Magistrate for advice as to what course he should adopt with reference to bringing up the defendant, who is a private in the Armed Police, to answer for an alleged criminal conversation with his (plaintiff's) wife. Mr. St. Hill having explained to E Tako the mode adopted in England of investigating matters of this nature, invited the attendance of the two native assessors above named (appointed under the Resident Magistrate Courts' Ordinance ), who accordingly met this morning at the usual hour of opening the Court. E Tako requested permission to say a few words before entering upon the case. He observed, that previous to the pakeha coming among them, an offence of this kind was generally expiated by the instant death of the party implicated, especially where the woman was the wife of a chief, and the adulterer a native of low degree. He said it was his 1 wish to conform to our mode of examining into such matters, and therefore he had submitted to the course the Magistrate had recommended ; at the same time he begged it to be understood, that unless Karena, the defendant, was immediately punished after maori fashion, he would not consent to have the case gone into at all. Mr. St. Hill explained to him, that if he (E Tako) had been a pakeha, such a case could not be tried after the manner contemplated, inasmuch as he, having two wives, would himself have been amenable to punishment ; but as the Government had deemed it expedient to permit the investigation of all disputes between native and native, before properly appointed persons of their own race, assisted by a magistrate, lie (E Tako) should have the benefit of the provision which had been framed for such purposes. He took the opportunity, however, of informing the assessors, that if after having heard and well weighed the whole of the evidence, they should be satisfied that the defendant had committed himself in the way imputed, it would be their duty, in conformity with our laws, to award damages against him to such an amount as they might conceive the plaintiff entitled to. Upon hearing this explanation, E Tako became somewhat violent, "Am I a slave," he said, " to have money given me for the use of my wife ? If Karena is to avail himself of your mode of dealing with such a business as this, I'll be revenged upon him, I'll treat him according to Maori custom, — let him look out." Mr. St. Hill replied that, as a Magistrate, he could not permit him to use such language in court ; he could make allowance for the excited feelings of the plaintiff, but if he again gave utterance, from where he then stood, to such sentiments as he had just expressed, he should feel it his duty to protect the defendant by taking instant means to prevent the execution of such a threat. E Tako, having first observed " what you have said I know is correct, but I cannot speak otherwise than I have," immediately left the Court. At the end of an hour however (the magistrate in the interim having requested some natives who were in attendance to seek him and to reason with him) he returned and expressed his wish to have the case proceeded with. Mr. St. Hill complimented him upon this determination, adding "E Tako I am glad to hear you are now disposed to have this affair properly inquired into, the pakehas look to you as a superior native, and as well informed upon European matters, your example will do a great deal of good for your own people." The following evidence was then given : E Tako, through the sworn interpretation of Mr. R. J. Deighton, deposed, that he-had known the defendant Karena ever since he has been in the police force of this, place ; shortly after he knew him, he found defendant had been making presents to his wife A Hue; sometime afterwards he found defendant had given A Hue a shilling ; shortly after this defendant sent a messenger to her to ask her meet him on Wellington Terrace in the evening, which she did : they stopped there a long time. A Hue told plaintiff of this afterwards. Defendant was present when A Hue told plaintiff that he (defendant) had had a criminal connection with her, but he denied it. Plaintiff had heard from Betty, a native wo-

man who lives at the Hutt, that defendant had had a connection with A Hue. Betty, an aboriginal native, deposed, that about ten days ago she was at the Upper Hutt, when she saw defendant, who had taken up the money to pay the road party. He then told her he had had a connection with A Hue, E Tako's wife ; that A Hue had sent a messenger to him, to meet him on Wellington Terrace one evening ; that he went accordingly, and had a connection with her. He said A Hue had made the first advances to him, and that he was A Hue's man. The defendant denied having had any connection with A Hue. He said he had given her a handkerchief to hem, and when it was done, had given her a shilling for her work. A Hue had often asked him to have a connection with her, but hie had refused, giving as a reason that she was the wife of E Tako, who was a chief, and who would kill him if he were to sleep with her : she said she loved him, and wished him to make her his wife ; but he refused for the reasons previously given. At the conclusion of the evidence, the Resident Magistrate having asked Porutu his opinion of the testimony he had just heard given, he (Porutu) turned to the defendant, and thus addressed him : " You have said you have not committed the act brought against you ? I feel satisfied you have. You are a maori ; you understand native customs ; you knew that woman was the wife of a chief; you knew she was E Tako's wife. You say she enticed you ; she sent for you to go to her one evening when she was alone near the hush ; you went to see her ; that was enough — that was a wrong thing. I believe what Betty has said in this place." He then said to the Magistrate, " I cannot say what is to be done to this Maori ; — you tell me that 1 must not say his punishment is to be according to native customs : what then can I say ?" The Magistrate replied that it was the first case of the kind that had been submitted to them for their judgment ; that it was one of a very grave character, and that he himself was anxious to have time to think it over. He advised them to do the same, and requested they would meet him again the next day, when probably they would have arrived at some conclusion upon the subject. On the following morning, the Resident Magistrate having asked the assessors if they had determined the amount of damages that should be awarded, they again adverted to the restriction that had been imposed upon them by the Court the previous day, and confessed the difficulties that stood in the way. Porutu spoke of giving two hundred pounds damages. Mr. St. Hill asked him if he remembered that about the time the Europeans arrived at Port Nicholson, a similar occurrence took place at Otaki, when a brother of Te Puke took away one of Henry Martin's wives, and when after serious threatenings on the part of the husband, Te Puke gave a large canoe as utu for the injury done. — " Yes," said Porutu, " I do remember that ; but you must know that a native values such a canoe as the one you speak of quite as much as a pakeha does one of your large ships in the harbour ; it is worth to a nativefccbief quite as much as a large ship." He was then reminded that the defendant's position was not a parallel one to that of the chief in question, and that they must, in giving damages, bear that in mind. After a long horero, they at length agreed to assess the damages at twenty pounds. The Resident Magistrate informed them that he fully concurred in their judgment, which had given him great satisfaction. E Tako then stepped forward and said, " I am well pleased at what has now been done, I hope that this business will be made known all over New Zealand, that the maories may see how the pakehas settle these things, that there may hereafter be no more blood shed, should such things come to pass. I hope the pakehas will see to it : it is my wish it should be made known everywhere : that is all I have to say. The case excited a great deal of interest among the natives, numbers of whom attended to hear the evidence.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/NZSCSG18480614.2.5

Bibliographic details
Ngā taipitopito pukapuka

New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 300, 14 June 1848, Page 2

Word count
Tapeke kupu
1,550

RESIDENT MAGISTRATE'S COURT. Wellington, June 9, 1848. Before Henry St. Hill, Esq., R.M. Porutu and Te Teira Wetu, Native Assessors. E Tako v. Karena—Crim. Con. New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 300, 14 June 1848, Page 2

RESIDENT MAGISTRATE'S COURT. Wellington, June 9, 1848. Before Henry St. Hill, Esq., R.M. Porutu and Te Teira Wetu, Native Assessors. E Tako v. Karena—Crim. Con. New Zealand Spectator and Cook's Strait Guardian, Volume IV, Issue 300, 14 June 1848, Page 2

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