RESIDENT MAGISTRATES’ COURT.

Poverty Bay Standard, Volume III, Issue 291, 21 July 1875, Page 2

RESIDENT MAGISTRATES’ COURT.

Gisborne, Satubday, July 17,1875. Before W. K. Nesbitt, Esquire, R.M. ASSAULT AND ROBBERY. Horomana, Hohepa, and Eru Era appeared on remand in answer to the above charge. Mr. W. W. Wilson appeared for tho prisoners; Mr. Rogan for the prosecutor. Thomas' Matthews sworn, deposed in substance to the particulars of the assault and robbery as heard the previous days and reported in our issue of Saturday last; and' added as follow : I had had no previous quarrel with prisoners. I saw them in a whare a short time previous to the assault. I was not ordered out. I saw females there,'but did not thrust my company upon them. 1 made no improper overtures to them. I was not drunk. I went there to see two natives who were going up the coast. The wounds from which I am now suffering are those inflicted on me by the prisoners. I showed them to Dr. Nesbitt.

James Mullooly sworn deposed :— I live at Ormond. I remember Eru Eru aud Horomana telling me of an assault on Matthews. They came to me together. Hirini Teakettle translated for me what the prisoners said. Eru Eru gave me £2 which I gave to the Sergeant of Police. 1 have never known anything against either Eru Eru or Horomana. I heard the prosecutor state ou the night of the assault that he was.going to look for a woman. Prosecutor came to my house. Hirini Tikera sworn deposed :—I 'remember Eru Eru and Horomana

coming to me on the 12th July. Mullooly was there. They said, “we have beaten the pakeha and have taken the money ; it was not Hohepa ; he is wrongly taken.” Eru Is the one who spoke. I saw Eru. give £l to Mullooly, and he said he would give the rest in the morning. Mullooly asked who had beaten the pakeha, Eru said, he and Horomana had done it, and taken the money. In answer to Mullooly, Eru said, “he had beaten the man- because he had gone obtrusively intoicßahira’s house, and that hehad foundjher crying in consequence of his conduct.” Eru also said that Rahira explained to him that a pakeha had broken into her house, seized her by the hand, threw her down, and asked to have connection with her. She replied that she was Larry’s wife and refused, whereupon prosecutor said “nevermind.” Rahira replied “ oh, no, you had better go.” I know all tho prisoners. Rahira Roua sworn deposed:— On Tuesday the 12th July Matthews came to my house late in the evening. On my opening the door he came in and placed his blankets ou a bag of corn. He sat down, saying he was hungry. I sat ou the opposite side of the fire from him. Then he said, “ I have a great desire for you,” and solicited intercourse in the broadest possible way. I refused, saying that he had better take some tea and go. He said “No; I willuotgo; I will stay and sleep with you.” I again refused, saying, I had a husband and children. 1 said Larry Saddler is my husband. In reply to him I said my husband was at work. He then seized me by the shoulderstand we struggled. If I had been a violent minded woman I should have killed prosecutor. I threw his blankets out and him after them. Eru then came, and found me crying. I explained to him what had occurred. I aiftl 1 my children were alone in the house at the time, the other natives were in a house as far away as across the street. Eru is my nephew. Hohepa is my younger brother.

By the Court : Prosecutor gave me no money, nor spoke of any money. He gave me a glass of whiskey. It was after he gave me the whiskey that we struggled. The prisoners were then cautioned in the usual way, and, in reply, stated by the advice of counsel, that they should reserve their defence. Committed for trial. Monday, July 19. Tophia (a native woman) was charged on the information of James Hanlon , with having stolen a certain watch, the property of complainant, ou the 28th June last. , Hugh Hood, landlord of the Royal Hotel deposed to halving seen prosecutor at the Royal Hotel on the day in question. He was asleep in the back parlor, but observed no watch on him. Saw the prisoner, aud another woman coming out of-the room. Samuel Stevenseii sworn, said :—I on the 30th June last££ I iiAfied her for a match, in producing which she drew a watch from her pocket. The watch now produced is that one. She asked me how much I would give her for it. I told her I would not buy it, as I thought she had stolen it. "'She said she had found it up by Hood’s. By prisoner: There was no one present when you asked me to buy the watch. James Hanlon said :—On the 28th June last I was asleep in a room in Hood’s hotel from about 10 a.m. to 3 p.m., when I woke I missed my watch. The watch produced; is mine. The watch aud chain are ill the same state as when I lost them, except that a greenstone has been substituted for a steel bar. I valuethe watch at £6. When I woke up prisoner and another woman left the room before I did.

By prisoner: I saw a woman with you whom 1 do not know. Sergeant Stanhope deposed to knowing accused about 12 months. She and Burslam have been living together at Gisborne part of that time. Prisoner, who said she got the watch from a native named Eru Eru, was fined £lO, with an alternative of six months’ imprispiiinent. George Burslam was then charged with having received ’ the aforesaid watch well knowing thd same to have been stolen. ' A

David MacGtiire, constable, deposed to having arrested prisoner at Te Kapu ou the 13th July. After being cautioned, he said he got the watch from Topiha. On our way to the watch-house he said “Oh, is it about the watch Subsequently he asked me if I knew who laid the information. 1 replied “no ”, He then said, “ oh, I know ;' it is Hanlon, I’ll make him sweat for it.”

By prisoner: When I arrested you you did not say “ here is the watch, it is the only thing I can be arrested for.” You gavemethe watch at another time. By the Bench : Prisoner and Topiha were living together. After hearing the charge read, prisoner made the following statement : —About three weeks ago I received a telegram at Te, Kapu from Topiha saying, “ tny love is great for you. I have just given birth to a child ; come and see it, it is sick.” I Came to Gisborne on. the 3rd July. I stopped with Topiha that night and Sunday. She told me she had a watch given to her by a Maori, I said it is a good watch. I asked her no more questions, because I always-found her honest. She gave it to me to take care of. I did not conceal my possession of the watch. 1 told the constabulary • that Topiha gave it to

me. I wore it instead of my own which was broken. Topiha said she got the watch from Jimmy, and from this description, I thought it was Jimmy Hanlon. I deny having said I would make him sweat for it. Committed for trial. Tuesday. The charge made against Thomas Matthews, by Rahera Roua, for rape, was adjourned until to-morrow. We are compelled to hold over the evidence taken in this and other eases until Saturday.