RESIDENT MAGISTRATE'S COURT, CARLYLE.

Patea Mail, Volume I, Issue 77, 8 January 1876, Page 2

RESIDENT MAGISTRATE'S COURT, CARLYLE.

,—- Tiiiksdav, Jaxuakv Id. IH7G. (Before Major Turner U.M.) CHAtWiK ACAIXST A C'ONSTAHI.K. Edward Lyttelton, a constable, was charged with having, on the did hist, violently assaulted Taunm a Maori chief with a loaded whip. Mr IfamnuTton appeared to prosecute, Mr Eil/.hcrhort for the defendant. The; complainant Taurna said—After coining out of Haywood’s hotel on the drd of January, I saw a native named Te Kongo, and two constables struggling out in the street. 1 went out to try ami part them, saying “bye ami bye" meaning thereby to make tiiem understand that I wanted to find out the cause of the rnv. I did not strike either of the constables. 1 asked Te Kongo (he cause of (hat,but lie did not answer me. One of Hie constables, E. Lyttelton, then struck me on the bead with a whip handle. The whip was loaded. After receiving the blow I got hold of the whip ami tried to take it away from him lint did not succeed. 1 saw defendant afterwards between the Albion hotel and Post Ollieo and said “ my dear friend you have done wiong by striking mu with Hu; whip” when 1m caught hold of me and put me in the lockup, and then one of Hie constables kicked me down, once in the, mouth, another time in the forehead.

Mr Fitzherbert submitted (bat. lliis allc,ged second assault had nothing lo do with it, tin: only charge wan with having .struck complainant with a loaded whip. In cross-examination witness said lie could not swear whether Te Kongo was drunk or sober when Hie police had him. lie did not catch tin; constable by the whiskers or touch any part of Ids body. He did not pull oft' Ids coat then, but did after being - struck by the whip. The}’ were all standing there together when In; interfered, lie did not. try to take Te bongo away. He had not hold of the constable when .the bitter struck him.

Ngapaki, another native,proved that on the day in question ho saw Taunia go up to two constables an 1 Te limigo, and say, “That will do, that will do,” when one of tlm constables struck him on the head with a hunting whip. After Tan ran got the blow, bo fell to the ground. Witness the" got bold of the whip, but Carey spoke to him, and told him lie had better let the whip go, and he did so. He did not see Taiiran strike either of the constables. and was positive lie did not. do so. Taiiran bad no weapon in Ids hand. Defendant was the man who struck Taiiran.

In rep'y to Mr Fitzherb ad, witness said lie could not say whet her Tc Kongo was in charge or whether he was drunk or sober. Ho did not see Tc. Kongo making’a disturbance. Tanrau went to try ami stop the row, and had not got his hand on the constables when he w rff st.nek.

James McCoy said that he saw the disturbance, and saw TnUrau try to take To Kongo from the const aide, by trying to pull him away, and th mi by colla ing Lyttelton and strikinghau on beef- s'.uul<(er. d’anran wanted the po iceman to wait till lie saw what the matter was. Di.Tendant then struck Tanrau with the whip once over the eye. By Mr Fitzberbert : When Tanrau came np To Kongo was in charge of the police. Tan ran had his band on defendant when struck.

Dr "Walker proved that he saw the disturbance and the blow struck. He did not see Tanrau strike defendant. The wound occasioned was not serious. Tanrau was trying’ to make peace. By Mr Fitzberbert : The natives 1 wen; endeavouring to impede the constables at the time, and had prevented constable Guerin from arresting To Ibaigo pro viouslv.

Mr "Fit/.horhcrt urged that defendant was endeavouring to rescue a prisoner, and that he was justified in self defence in acting as he had done. Further, that ;is no notice of proceedings had been given as required by the Armed Constabulary Act,and that therefore the action could not bio taken.

Mr IT. I. Davis, called for the defence, said, that ho saw the row at its commencement. lie saw Gnorin and Te Kongo and some oilier Maoris struggling in front 'of the Albion hotel. The Maoris heat Guerin off, after which he brought Constable Lyttelton. They took hold of To Kongo, who fought to get away, and during the row, Taurua came out of the hotel, held xiy» both hands, and cried “ stop, stop.” Another Maori put his arm round Lyttelton’s neck, and tried to rescue Te Kongo. Lyttelton then called witness to assist, wnich he did. Taurua put his arms round Lyttelton, and struck him on the shoulder, after which witness saw Taurua with blood on his forehead, the two police at the time struggling with some other Maoris. In the meantime Kongo got away from the police, and was struggling with witness. The police then locked ftp Taurua. The Maoris tried to' rescue Mongo, and Taurua called on them to do so. it was a general row, and the police were acting - in self-defence. If the police had not struck Taurua. he believed there w.add have been a general melee through the town. Mr Hammerton. after this evidence, said he could not carry on the case, and wmdd consent to it being dismissed. .Mr Fit/.lierhart applied for Costs, an] thaf a certificate of dismissal should he given. The Magistrate said he had no power to give them, hut dismissed the case. ■>

Civil Cases. A number of Road Board cases were called, but bad been settled out ct Court. WIXCHOO.VIHK (COIXIXTOR WAiUOA UIOHWAV HOARD,) V. SV.UES LiKuS. To recover To 18s 4d. The sum of L 4 18s Gd had been paid into Court, and it was alleged in defence that the other portion was for property nut owned by defendants, and that bad never been in their possession. Thu ease was adjourned for proof till next Court day. SAM 1C V. 1.1. S. TAVI,OR. Verdict by default fur Ab Ins 10s, with 10s costs. iIuNKVKIKI.I) V. DAVIS. Aii action for a breach of the Impounding Ordinance, in neglecting to provide sheep witli proper and necessary tood and water. Defendant was lined 2Us and costs,- Is Gd. ETHMENO V. .T. M. UI’RSKIX. Verdict by default for A 4 lbs lOd, with pis costs. DAI.K V. PAMKI.S. A claim of A 7 Is 4d. Adjourned till next sitting, pi'of/f of service of summons not having been returned. TAIU.KN axil Ainu V. H. ItltHY. A judgment summons. Defendant did not appear, ami an order was made that the money, A 1 12 s Gd, should lie paid in a fortnight, or a month s imprisonment, with costs, £l. The Court then adjourned.