RESIDENT MAGISTRATE'S COURT.

Patea Mail, Volume I, Issue 91, 23 February 1876, Page 2

RESIDENT MAGISTRATE'S COURT.

Monday, TKiitmAiu’ 21. (Before Captain Wra}-, .1.1’.) UAt’K. James Mahoney was charged on tho infonmition of David PeHalt with having committed a rape upon his wife on the night of the I8:h iust. His Worship, b Tore proceeding - with the ease, requested the Court to be el earn I of strangers, with the exception of Cue representatives of Ihe pro'-- . Prisoner pleaded not gulUy. D. IVi last deposed that on Saturday morning, Che IHi 1 1 iust,, Ids wilt'came lo him at Wairoa, and informed him tint James Mahon.-y had dining (he uignt. entered her bi.-dro >m ar Okoluku. and whilst she was asleep committed a rap.i upon her. [Tim remaimng portion ol witness' ovidem-e is unlit for puhlieaiion.]

By the. Bench I was ah.s-.-nl at W'airoa on business. My wife, immediately alter tiie occurrence, left for W'airoa, and. on arrival informed me what had occurred. I have been in the habit of leaving my door open fur the last Join - years. By prisoner—l cammt say at what hour the circumstances took place. By Bio Bench—There arc four men lodging in my house. Lydia Peilalt (a Maori woman), wire of the previous witness, d -posed licit o’ i Friday last Imr husband left home for Wairoa, accompanied by three men, who are residing in her house as lodgers. My husband remained, at Wairoa, but the, three men returned—prisoner hj -mg one of them—home about G o'clock in the evei. - ing. On their arrival ! retired to my hoT,*--' room, shut the door, ami sa! on the t**rside for some little, time, f then retired to rest, ami blew oiu the candle, amt shortly after went off to sleep. About J o'clock in the morning' I was awakened by prisoner’s presence in my roum. [I he evidence here elicited is unfit for publication.] I screamed out. for the assistance of a man named Xed, woo was sleeping m (he kitchen, and he came round to my bedroom window, and said to prisoner that he would iiko to give him a good hammering. I said to Xed, u Xo don't, hammer him. "Von leave it all to me, and I will settle it on .Saturday.” I then came to Wairoa, saw my husband, and (old him all what had happened. My husband at once reported it to the police, and a constable then went up to the hut, and arrested (he prisoner. At this stage the case was adjourned till a.m. the following morning, for the attendance of witnesses. TUESDAY, FEBRUARY 22. E 1 wai - d Beynolds, a bullock driver, residing at Okotuku, deposed tint- he was a lodger in IVllait's horns i, and on Friday night, the Hth instant, throe or four men returned from Wairoa, about 7 o’clock, with grog. The parly sal up in .-IVllait’s house till 10 or 11 o'clock, when he (wiln ss) went to bed. ami slept till 7 o'clock the following morning Bv the Bench —I have no knowledge of being called during the night. 1 was under tin: inllueiice of liquor wnen f retired to bed. I had no conversation with .Mrs Bellatt from the time of my going to lied to getting up in the morning. Bv Mr Bellatt —-Tim prisoner was in your house when I went to bed. Next morning, after returning with (ho bullocks 1 was infornu'd by James Mullins what was alleged to have taken place during the night. I was surprised. 1 asked Mullins how lie knew, and lie replied that M rs Peilalt. had informed him.' By prisoner—l did not lean - you gJiing up during the night. 1 did not hear Mrs IV!hilt call out your name. I. did mil say to her that you deserved a good hammerin'’-. 1 have no recollect ion of what occurred between the hours of 10 p.m. and 7 a.m. on ihe, night in question having imbibed, I regret til sal’, raiiier Jreeiy. This is all I know about the cas“. Bv the Bench. — F remain M at home mi the day that Peilalt and the three men went to Wairoa. I was drunk when I went, to 1) al. Mr Peilalt applied for a remand, as he had a witness named Rievens.' who was able to give material evidence, he having reported that lie saw prisoner break open mv bedrOiim door. 'His Worship remarked that the evidence adduced was not sufficient to scud for trial. The alleg-d offence having - been committed in another province, and as there were other witness to be examined, it was just possible that lie would meet Mr Loin ax, J.P., at Wairoa. and hear the conclusion of the evidence with him in that district. The ease would however stand adjourned till 11 a.m. at the Court House, Carlyle, till the following morning (this day). '