RESIDENT MAGISTRATE’S COURT.

Patea Mail, Volume II, Issue 124, 17 June 1876, Page 2

RESIDENT MAGISTRATE’S COURT.

Friday, June 16. (Before Major Turner, R.M. and H. F. H. F. Christie Esq., J.P.) MAORI ASSAULT. G. Broughton, Kopi Kopi, Ti Nini, and Te Rama, four natives, were charged with having, on the 23rd of May last, unlawfully assaulted and beaten one James Hamilton Laurie, at Kakaramea. On being asked whether guilty or not guilty, all denied the offence. Complainant on being sworn said : —I am a plumber and tinsmith, residing at Carlyle. On the 23rd of May I was at Kakaramea, when I was assaulted by being knocked down, beaten and kicked, by a number of natives. I recognise the defendants as being present, but there is one that I do not see here. I cannot positively swear that either of these did strike or kick me, but they wore present. I was coming from the schoolroom to the hotel, when 1 was struck in the face and knocked down. I was kicked when down, but I could not tell by whom. A man. a native, struck me with his clenched fist. I could not swear how many Maoris were present, but there were a dozen or thereabouts, and they were outside the hotel, the defendants being in the party. The first blow I received almost rendered me senseless, and I could not tell any more, only that I was kicked and beaten. This occurred between the hours of s and 7 in the evening. I was a second time assaulted in the hotel bar, ami then beaten about the head, face, and body. Witness was asked by ,the Bench to look round, as all the natives had been got in, and see if he could identify any one of them as having assaulted him. After making a close survey, he said that he could not, with a clear conscience, identify any one positive'y. Examination continued—'Manana, who was not informed against, was inside the bar, hut 1 could not say whether he struck me. After I was first struck, I was rendered partially insensible. I cannot recognise positively any of the natives as having struck me. 1 am still suffering severely from bodily injury, In reply to Kopi Kopi, complainant repeated that he could not. swear that he (Kopi Kopi) assaulted him. The same question was put by the others, with the same result. Samuel Dixon, landlord of the Kakaramea hotel said—l did not see anything of the assault outside, but inside my house I saw Te Kama strike at complainant. I did not see him strike' him. Ho also struck at me. I recognise Kopi Kopi, Broughton, andTe Rama, as being present, I do not recognise the fourth defendant as there. There was a row, several of the Maoiis fighting amongst themselves. I tried to quiet them, but all that I could do was useless. I asked Broughton to aid me in quieting them, as I could not speak Maori, and from what I saw, he appeared to do so. They still, however, continued to make a noise, and eventually rushed at several white men in the bar, of whom Laurie was one., The row then got worse and worse, and as I thought it was time to take proceedings; I called on the people of the house to aid me in turning them out, which wo succeeded in doing. After this they battered the doors and created further disturbance. It was impossible to see exactly what was passing, and whether Rama actually struck complainant, but he rushed at him. Major Turner remarked that to strike at, and to strike him were different things.. By the Bench—l do not see any of the Europeans in Court who were present at the row. Mr John Merchant was present, also Messrs Delamore, Jackson, Tom Rogers, Fetch, and three men working on the road, whose names I do not know. In reply to the Bench complainant said he had not subpoenaed any of these, because he did not think it necessary. In reply to Te Rama, witness said he could not tell whether the blow aimed by him at complainant reached him or not. Witness could not tell the exact time, but it was was just after the lamps were lit. This was all tho evidence brought forward for the prosecution. Tn defence, all denied having either struck or kicked complainant, and alleged that they were innocent. They called no witnesses. The Chairman of the Bench said that, without doubt, a serious assault had been committed, but there Avas not sufficient evidence to convict the defendants. If there had been, they would have been stmt to the Taranaki gaol, without the option of a fine. The only evidence was against Te Rama, and it was not proved that he struck the complainant. The others had not been identified as having taken part in the assault. He wished the natives to understand that they would not be allowed to ride roughshod over the white people, and if such a case occurred

again, and could be proved against them, the}’’ would be sent to gaol. If the complainant could meet, and identify the other man, said to have assaulted him, who had not been arrested, he could at any time give him into custody .without lodging an information. The defendants would be discharged and the case dismissed. As the complainant was leaving the Court, he was asked for £1 Is, costs, but on saying that he had not that sum, he was allowed to leave, and grace given him for payment. The defendants then left the Court, together with a host of Maoris, Who had come in to hear the case. On getting outside they set up a yell of triumph, evidently hailing the decision as a victory over the pakeha, and then adjourned to the' Albion, to celebrate the occasion further. There were two Or three unimportant civil cases, and the Court then adjourned