RESIDENT MAGISTRATE'S COURT.

Patea Mail, Volume III, Issue 210, 14 April 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

WicnN K:-i'A v. A pi; u. 11. (Before Capf. Wray, R.M.) Tii!;i'A"’i:xi:si; Lamiu'aom. Kaliim, a native policeman, residing at Wamgon-,;-o, charged Denis (•‘Su'iivan with using abusive aiul threatening language, provocative of a breach of the peace, on the !0l!i install(, ai Carlyle. Air Adams appeared for iho defendant, and .Mr Wallace (licensed iuleiproter) for ivi.teji''. Didemlanl pleaded not guilty. ivaiene deposed to benight All Rlnd‘s’ shoemakers shop getting a pair of leggings inended, when defendant entered and said “ Katene, von are the man that killed Smith, the Trooper,” and that he called {/ill. “ Kiddie. Kate luv’ thiV'o or four times. I said “ 1 don't understand altogether what, von sav. If you have anything against mo the’best thing you can do is to make a charge and have it tried between the European and Native tribes, so that yon can prove whether 1 killed that man or not.” It was further slated that O’Sullivan went out and shortly afterwards returned towards his own shop with a. barrow, and seeing Ratine standing near asked him to wheel it. around to the hake shop. Katene refused, upon which O’Sullivan was stated to have made a rush at plaintiff with the intention of striking, hut Katene jumped aside and avoided the Tow. After which defendant aga'u used abusive language. In reply to a question Katene said he was a Ilau-liau James Rhodes, bootmaker, deposed to Katene being in his shop when O’Sullivan came in and said in a joking way “ Hallo, Katene, are you not the man who killed Smith.” Katene asked what O’Sullivan had said. O’Sullivan repeated the question and went away, and returning again shortly with a harrow, asked Katene in a bantering tone to wheel the barrow for him. Katene jumped away indignant and appeared very excited, and afterwards ran away calling out in Maori “Look out.” In being cross-examined witness said he did not hoar O’Sullivan use the threatening language complained of as to Katene being a liau-han, nor did he think defendant had acted in a threatening maimer, or that his conduct was likely to cause a breach of the ponce. The witness being asked by the Bondi if he would like to lie called a murderer, replied that “he did not compare himself with the Natives, but that if he belonged to a band >'f robbers and murderers, be would not consider the question ■impertinent.” The Bench ailed that insulting words and behaviour, within the meaning of “ The Vagrant Act Amendment Act, I860,” had been used by defendant, and that a very serious breach of the Pence might reasonably have been expected to result from his conduct, which, might have boon followed by a serious disturbance, on account of the large number of Natives who wore in town, had it not been that complainant preferred to appeal to the protection of the. law. Defendant was fined To, and ordered to find sureties for his good, behaviour, himself in .£2O and two sureties of £lO each, or be imprisoned for one month. The line was paid and sureties found.