HAWERA.

Patea Mail, Volume V, Issue 433, 7 June 1879, Page 2

HAWERA.

(from our own correspondent.) E.M. COURT.—-Thursday, sth June, before Captain Wray, R.M., and J. B. Lyaaght, Esq., J.P. Taubangi was charged with being drimlr, and fined 5b and costs, or 24 hours imprisonment. ASSAULT CASE. Charles Quin v Edmund O’Shea. Mr Standish for the prosecution, and Mr Barrington for the defendant. Charles Quinn, examined by Mr Standish, sworn, deposed—l am a settler living in Normanby. I have been in the district six months. I am a .member of the Roman Catholic Church. I attended the Church on the 4th May last. I came there to worship God. Aman camo and told me Father Ryan wanted to see me outside. I went out. He appeared to be very excited, and asked me what about the Normanby land. 1 stated that the council he got the people to elect, of which I was Vice-Pre-sident, passed a resolution that a bill given by Father Pertflis for the lease should be paid when due. He then said that he was the council, and he would denounce me to the congregation. He said the same game that was played down South was going to be played..here. The PriestiSaid he would

pa}' me out to*day, and then he went into the Church. 1 followed him in, and the usual service was performed. When that was over, he turned round to the people and congratulated them on the peace and harmony of the neighbourhood—that it was a sight for men and angels, but the two men from Norraanby, who he would call Moody and Sankey, were about to disturb the harmony that prevailed. One of those men came from the South. He was chased away from there, and he hoped he would soon be chased away from here. The people would get cheap religion now from Moody and Sankey, and he hoped that one of them could sing. He said that he was a skilful physic’an, that he knew how to apply the excising knife, and that desperate cases required desperate remedies; that these persons that went out collecting money to purchase Church property found it a profitable business. Casey and myself reside in Normanby. I had recently come from theSouMi. I had no doubt as to who he referred to, and that was myself and Mr Casey. He (the priest) said - lie would write to the Bishop to excommunicate us, I stood up and addressed him, and said that as my character had been assailed, would he allow me to reply. He said “go out,” and in the same breath, “ put him out.” Nobody appeared to stir, so he said “ 1 will put him out myself," and then came down from the altar and came into the seat behind me. I was stepping out of the seat, when O’Shea seized me by the collar. I was then driven against a half shut door by O’Shea and others. I got a cut on the cheek and the ear from O’Shea, and my linger was hurt against the door. After I was outside lie (O’Shea) held me violently by the collar. The collar was torn right off. By the exertion of Mr Dolan and some otheis, O’Shea let me go. If O’Shea had not been stopped, I believe he would nearly have killed me. He was the most excited man I ever saw. I then went to a house adjoining. I have not done any work, and have been suffering from nervousness since. I have not yet recovered from the shock. I never quarrelled with O’Shea. I did not resist when I was first taken. Cross-examined by Mr Farrington—l don’t take interest in parochial affairs. I was not associated with Mr Casey iu purchasing the land. I gave £lO towards it. I never collected Id for it, I am not aware what the parish it; I called on Father Ryan shortly after he came to Hawera with Mi Casey and others. The land was bought by the late Priest. I went to Father ll3'an about the bill, and to see what duties we had to perform as a council. I did not ask Father Ryan to levy a tax to pay for the bill. Before Mr Casey or I joined the council we saw the bill must be paid, o - we would have nothing. I don’t know whether Father Ryan put his veto on it. The council did not carry out the resolution. I did not carry out the resolution, but Mr Casey did. Father Ryan left it to the council to settle. He said I had been collecting money without authority. He did not give me time to reply. I did not deny that I collected money. 1 am sure he said he would denounce me to the congregation. It is not customary to interrupt the proceedings. It is against the rules to address the Priest during the service. I consider that Father Ryan’s remarks were injurious to my character. I was aggrieved at the conduct of Father Ryan, and at the abuse I received. I did not resist going out. I have asked Father Ryan for an apology, and I am not ashamed of what I have written. I think I wrote 4-. 1. - ■ 10*1, Itf *■» lof lITOO lini'Q produced). I have not taken any other means of redress. I know something about a letter that, appeared in the Patea Mail signed “ Critic.” I wrote that letter. I never stated that Mr Furlong had offered to settle the case. The Priest did not mention my name. He did not say they were collecting money after tUe Moody and Sankey style. I considered the term Moody applied to me. I presumed that Mr Casey was ment for Sankey. I don’t know how many Catholics are in Normanby. I did not hear the Priest request me to sit down. I did not go out because I wanted to clear my character before strange people, in a sirangc country, from the load he had put upon. it.

Re-examined by Mr Standisb The council did not carry out the resolution. I consider Mr Casey’s action in the matter was correct. I never collected anything for the Church. When the Priest accused me of collecting money without authorhy, I did not deny it. The Priest had concluded the service. I have heard that if the Priest makes any statement that is not true, the people get up and contradict. It only happened once in my life, when I was a boy. I wrote the letter to the Patea Mail to correct false rumours that were injurous to me.

Austin J. Whitaker, examined by Mr Standisb, sworn, said—l am a settler in Hawera. lam a Roman Catholic. I was at Church at Hawera on 4th May. Father Ryan officiated. Mass was calibrated on that day. There was a discourse after Mass by Father Ryan. Father Ryan said that two men from Normanby had collected money for the Church, and that in some instances it was a profitable business. I think he also compared these men to Moody and Sanky. Perhaps one was chased from the South, and he hoped that he might be soon chased from here. I could not swear tbafc He said it as a fact. Then Mr Quin asked to be allowed to reply. I did not hear him give a reason. He was told to sit down by Father Ryan. Mr Quin did not sit down, but asked still to bo heard. Father Ryan then told him to leave the Church. He then called upon someone to put him out, saying, “will someone put this man out.” He then came down from the altar to where Quin Was sitting. Someone then got up to put Quin out. I could not see who laid hold of him first. I believe Mr O’Shea bad hold of him. Mr Quin was asking to be heard, and there was somebody pushing him out. He was then pushed as far as the door. I did not see what occurred outside. I saw Mr Quin after at my house ; he seemed to be very excited, and a good deal knocked about. Mr Quin Went and consulted the Doctor about his injuries in the afternoon. Cross-examined by Mr Farrington—l was not near to Mr Quin in the Church. 1 should say he was roughly handled in the Church. He appeared to be resisting. By the Bench—l think there were too many got tip to pnt him out. The object, I think, was only to get him out, not to hurt him.

Patrick Dolan examined by Mr Standish, sworn.—l am a settlor at Normanby. I am a Roman Catholic. I was at Church on the 4th May last. After the service of the Mass, Father R3*an commenced to lecture. I understood he was alluding to parties collecting money in Normanby. He called two men Moody and Sankey. One of them came from the South. I understood it alluded to Mr Casey, and afterwards that he alluded to Mr Quin. MrQ uin then got up and said he would like to explain, as he (the Priest) directed

his discourse to him (Mr Quin). The Priest told Mr Quin to sit down, but he continued to request to be heard. The Priest then told him to go outside. Quin did not go out. The Priest then called upon someone to put him out. Mr Furlong took hold of Mr CJuin first by the coat: Others came to put him out, and he was put out. There were four or five got up. I saw the defendant. He took the principal part in turning him out. Mr Quin resisted until they got him out of the seat. I was standing just behind him. He said he would not go out, I did not hear what he said when they were taking him out. I did not go outside, but caught hold of OSheato prevent him makingso much noise. Mr O’Shea was making more noise than any of them. He was very excited. I made him release Mr Quin in the porch. I hud some trouble in holding him back. He only resisted about twenty seconds. Cross-examined by Mr Farrington—l never saw anybody get up and contradict the Priest. I think it would be a great outrage to do it. There was Mr Furlong, W. Malone, and T. Malone in the porch. They were all round Quin. I think Mr Quin .could have been put out with less violence. He did not bite me on the hand. I interfered separate them. O’Shea was more excited and took more part in putting him out. As soon as O'Shea was separated from Quin, he went back into the Churcb.

By the Bench—O’Shea was using too much strength to put him out. Re-examined by Mr Standish—l cannot swear positively that Mi O’Shea w r as pushing and tugging him about. I had some difficulty in getting O’Shea to let him go. John Ryan, Catholic Priest, examined by Mr Standish, sworn—l am a Catholic Priest. I remember the 4th May last with regret. I was officiating at the Church that morning. ■ The prophrty of the Church is vested in Bishop Redwood, for the Catholic congregation of Havvera. I addressed the congregation of the Mass. I never said Mr Quin was chased away from the South. (A very warm scene here occurred, the Priest declining to answer several questions). It is customary to address the congregation on secular matters. It is not the custom to traduce a man’s character. I have not done it. I generally pronounce the benediction after my addresses. All those presentcome under the blessing. By the Bench—lt is not allowable for a person in the congregation to get up and speak. I told the plaintiff to sit down, and then told him to go out.

Mr Farrington contended that there was no case, the evidence showing that Mr Quin was conducting himself in a disorderly manner in the Church, Mr Standish considered that he had a good case ; that Mr Quin had as much right to sit in the Church and stop there as anybody else, and the Priest had no right to order him to be put out ; and that the defendant had used undue force to put him out.

Judgment—That the plaintiff had no right to get up and create a disturbance in the Church, and that (here was no case for an assault, and therefore it would be dismissed with costs.

Ryan v Quin was withdrawn. Quin v Ryan, withdrawn, to allow of case being taken to Supreme Court.

Major Atkinson is expected here tomorrow (Friday) and public meetings will affairs.

Major Noake has been ordered to Hawera by the Defence Minister, to organise the Volunteer Forces. Things are evidently looking serious. A telegram has just arrived from Opunake, stating that the Maoris have commenced ploughing up Mr Breach’s land ; also the Government paddock.