R.M.'s COURT—GISBORNE.

Poverty Bay Standard, Volume II, Issue 122, 15 January 1874, Page 2

R.M.'s COURT—GISBORNE.

Tuesday, January 13, 1874. [Before W. K. Nesbitt, Esq., R.M.] Johnson and Westrup v. Weston.—The following judgment was given in this case: “ After careful consideration of this case, I am of opinion that plaintiffs never entertained the idea of authorizing the defendant to burn, when, how, and where he liked over the entire run, and that the defendant must have misunderstood the nature of the authority given to him. lam also of opinion that Major Westrup by cautioning the partner of defendant as to the particular land for which damages are claimed, has freed the plaintiffs from the charge of negligence. Judgment must therefore be for plaintiffs. But I think two circumstances may be taken into account in mitigation of damages —the facts that the defendant was ignorant of the proper time for burning, and that the extension of the fire was caused by a change of wind. On the whole then I think £25 a reasonable sum for damages, and I give judgment for that amount and costs. REGINA V. SAUNDERS. —FELONY. George Saunders, of the Waerenga-a-hika Hotel, was charged with having on the sth of January last, feloniously received certain bags of grass seed, the property of one Robert Cooper, alleged to have been stolen. Mr. Cuff and Mr. Wilson appeared to prosecute, and Mr. Brooke Taylor appeared for the defence.

Mr. Taylor urged a preliminary objection that the charges of stealing should be heard first.

Mr. Wilson cited much authority to show that such a course was not at all necessary, and the Bench thought so too by overruling Mr. Taylor’s objection. The first witness called was—

Rawiri Titirangi who deposed to having been at Saunders’ on the day in question. Saunders told me to stand outside the house and keep watch for people coming for a halfcaste. I don’t know what name. The pakeha told me to knock at the door if I saw anyone coming. This was about midnight, after the house was closed. He told me if 1 saw anyone coming to the house with grassseed to let him know. He did not say where he expected it from. He said nothing about payment. I saw people and knocked at the door. The light was extinguished. I was caught by some of my own people. .4 friend of mine asked me what they were doing inside, I said they were buying grass seed. I saw Saunders weigh it. I saw Patariki that night. He was a policeman, and said he was watching on account of Mr. Cooper. There were no other Natives with him. Patariki said there are four men coming up with grass seed. I did not see them. I saw five ba»s of grass seed taken to Saunders’ house that nndit. A half-caste brought it. There were other Natives with him. I don’t know them. I did not speak to them. I was standing outside the window. When they heard me coming they blew out the light. I did not see the natives enter the house.

Cross-examined : Eria Paraira was the onlv one present when I got the instructions from Saunders. Saunders was inside. The door was shut. Eria was at the gate of the paddock. The gate is on the road. It was quite dark, nor near daylight. I was caught bv my friend before the light was put out. I saw some people weighing grass seed. It was after the light was blown out. The time might have been Friday. Patariki said I came as a policeman to look after Karepa. There were five bags weighed. I did not see anyone leave the house. It was moonlight. Saunders, Eria, and I were outside. Karepa was employed by Cooper. Wi Akurangi, sworn, deposed: I have been cutting grass seed for Cooper. I recollect the sth January. I sold grass seed to Saunders on the previous Friday. I was at the hotel on the sth until it closed. I returned about 2 o’clock in the morning. I saw Saunders standing at the gate. He was speaking to Patariki. Patanki was keeping the road clear for those bringing grass seed. Eria said he saw some people bringing grass seed. I said I saw them too. They were companions of Patariki. He was leading them on horseback. They went into the public house. I went away. I saw them take the grass seed into the house. Saunders opened the door. It was moonlight. Cross-examined: It was so dark that I W. ... —L

could not tell if the persons were Maoris, half-castes, or pakehas. I was so close to Patariki and Eria that I recognized them. Eria Paraira said : I was scouting for Mr. Cooper on the night in question. I saw Patariki on horseback near Saunders’ Hotel, I saw six horses at the fence, and bags of grass seed. I saw Rawiri Titirangi knock at the public-house door, and the light was then put out. I said to him “ You are stealing grass seed. If you go on the side of the pakeha (Saunders) you are sure to come to grief, come on my sidehe consented. This was about 2 a.m. I saw a man take grass seed from Cooper’s paddock. I don’t know him. He took it a round-about way to Saunders’ house. I saw the men who went to Saunders’ house. It was near sunrise when they came out.

Cross-examined: Rawiri knocked at the back door. The grass seed sold in the day time was delivered in the day time. (The remained r of the evidence we are compelled to hold over until Saturday.) The Counsel on eit her side having addressed the Court, the Magistrate said that he could not possibly disregard the whole of the evidence and must commit the accused for trial at the next sittings of the Supreme Court at Napier in June next. Bail would be accepted, Saunders in his own bond for £2OO, and two sureties of £lOO each, which was immediately forthcoming. The charges acai ns t Wi Poutu and Wi Akurangi for stealing grass seed were withdrawn.

Regina v. Karauria, Pera and Patariki. —Stealing grass seed. Prisoners were found guilty and mulcted to pay £8 each or 6 months’ imprisonment, karauria paid his fine, and recognizances entered into by the other two, which the Bench accepted as “security” under the Resident Magistrate’s Act. Regina v. Matatra. —Prisoner was fined £8 fora similar offence, and also with a similar result.