OUR RELATIONS WITH THE NATIVES.

New Zealand Times, Volume XXXII, Issue 5027, 4 May 1877, Page 6

OUR RELATIONS WITH THE NATIVES.

A case was tried at Patea on Wednesday, the 11th instant, the decision in which by the E.M., C. A. Wray, Esq., has elicited most unfavorable comment from the Wanganui Herald. From the local paper we extract the following report of the case, which, read in the lio-ht of the evidence for the complainant, shows that the only witness called by him to support his testimony contradicted him or failed to confirm him on very material points. Katine, a native, better known by the name of "Cotton," charged Denis O'Sullivan with usiug threatening and abusive language towards him, calculated to cause a breach of the peace, on Tuesday, the 10th instant, at Carlyle, Patea. Mr. Adams appeared for defendant, and Chas. Wallace, licensed interpreter for the Maori.

Katine, being duly sworn by the interpreter, deposed—l am a native policeman living at Waingongora. On Tuesday, the 18th March, I went to the shop of Mr. Rhodes, shoemaker Carlyle, to have my leggings repaired. I went into the shop and stood alongside the counter. I had not been there very long before defendant came in. . He spoke to me and said, "Katine, you are the man that killed Smith, the trooper." I did not answer him then. Defendant continued calling out "Katine" three or four times. I answered him and said, " I don't altogether understand what you say. If you have anything to say against me the best thing you can do is to make a charge and have it tried between the European and Native tribes, so that you can prove whether I killed that man or not." After that defendant went outside and wheeled a barrow towards Mr. Cowern's. Shortly afterwards defendant returned. to his shop near Mr. Rhode's, where I was standing. He put the barrow dowu and came towards me, and asked me to wheel the barrow around to the baker's shop. I refused. After that O'Sullivan made a rush at me, rolling up his sleeves at the same time. I looked around to see if there was anyone looking on, so as;, to have witness if he struck me, as I expected he would do so. I jumped away from him, or he would have struck me. After I jumped away be attempted to pick up a stone, but his wife called out to him, and he did not pick it up. O'Sullivan then said to me, " Oh, you b Hauhau, and you make the kill of the white man," and other language which I could not understand, but which seemed of a threatening nature. By the Bench—We were standing a few feet from Rhodes's shop in the street. I then went away, and subsequently laid an information. Cross-examined : O'Sullivan said " You are the man that killed the trooper." I knew sufficient English to understand the question. O'Sullivan had not his sleeves rolled up before he put down the barrow. He rolled them up afterwards. I considered that calling me a b Hauhau and accusing me of murder was threntening language. lam a Hauhau. James Rhodes, deposed : I am a bootmaker residing at Carlyle. I remember yesterday, 10th iust. Katine came into my shop in the afternoon, and was talking about things in general. O'Sullivan came in during the conversation, and said, " Halloo Katine," and said, " are you not the man that killed Smith?" Katine did not answer. O'Sullivan repeated the question. Katine looked over at me where I was at work, and said " what is that man talking about." I told him (Katine) that he was asking him who the man was that killed Trooper Smith. After that O'Sullivan went out and went to his shop. In a minute or two afterwards Katine went out. The next thing I saw was O'Sullivan coming back with a bag of flour in a wheelbarrow. O'Sullivan said to Katine "you had better wheel the barrow around to the bakehouse." Katine jumped on one side as if he was indignant at being asked. When O'Sullivan asked him to wheel the barrow he put it down. Katine seemed greatly excited at being asked to wheel the barrow. I went to the door, and heard O'Sullivan say, "just like you, you Hauhau," at the same time making a motion as if rolling up his sleeves, which were rolled up when he first came into my shop. Katine then ran away, singing out "kati kati" (look out). O'Sullivan then wheeled the barrow away, and I heard no more. By the Bench : I did not hear O'Sullivan call Katine a "b Hauhau." I heard O'Sullivan say " who killed my Towny." I did not think O'Sullivan acted in a threatening manner. I believed he was joking all the time. I saw that Katine was excited. O'Sullivan had his sleeves tucked up the whole time. He pushed up his sleeves, but not in a threatening manner. I did not consider defendant's conduct was likely to cause a breach of the peace. In answer to the Bench, whether he would like to be called a murderer, witness replied that he did not compare himself with the natives, hut that if he belonged to a band of robbers and murderers he would not consider the question impertinent. Mr. Adams said that he would not call any evidence, as he considered there was no case against his client. The fact of complainant acknowledging he was a Hauhau, arid the evidence of Mr. Rhodes proving that there was no intention on the part of the defendant causing a breach of the peace, in fact the whole affair was meant as a .joke. On defenI dant's part, he thought that the R.M. could do no other than dismiss the case. The'Bench considered - that. insulting words and behaviour within the meaning of the Vagrant Act Amendment Act, 1869, were used by the defendant, and that a very serious breach of the peace might reasonably have been expected ts result from his conduct. Had it not been for the. complainant, who appgaied to the protection of the law, there is no doubt that, considering the large number of natives ;3 town, a serious disturbance might have en- , sued. The Court would inflict a fine ef £5 on the defendant," aiid direct him to find sureties for his good behaviour, himoilf in ,£2o,and two sureties in £lO each for three months. month's imprisonment in default of payment o{ fine.