RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume X, Issue 1191, 2 November 1882, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

This Day [Before M. Price, Esq., R.M.J INDECENT ASSAULT. Piripi te Rua was charged with the above offence. All witnesses were ordered to leave the Court. Mr Wood having been sworn as Interpeter the information was read. Himiona Awanui was called as the first witness. I am the wife of an aboriginal Native living at Pakirikiri. We came from Anaura; prisoner came with us from Anaura to Pakirikira five weeks ago. 1 remember four Saturdays ago ; I came to the Police last Tuesday aud informed them ; I remember the Saturday before I came to the Police. This was on a Tuesday; on the Saturday before I came in to the Police I was at the Murewai; I saw prisoner there. About breakfast time on that Saturday I went to the Murewai to Hene Waku’s house to wash clothes; I was not long going, and when I commenced my work 1 was not aware prisoner was there. I was sitting down at the tub washing clothes ; my niece was with me, she is a little child. There was no one with me at the tub. ; I was alone outside ; I was sitting on a log when prisoner came towards me and said to me “ What is that in your hand.” I replied, “ Matches it was a box of matches, and I opened it. When I was opening the box of matches prisoner came towards me and put his hands on my clothes. I pushed him away ; he then oame and took hold of me in his arms and embraced me. He threw me over on my back on the ground. He was endeavoring his purpose. I pushed him away. When the prisoner threw me down on my back, I called out. He then said “ Let us go into the house.” I refused his overturere. T saw John White at this time outside Htmi Waka’s house. I called to him to come to mo. Prisoner was holding me down on the ground by tho hand. Wc were both on the ground. Prisoner did not attempt to lift my clothes up, nor did ho Jput his hand under my clothes while wc w’ere on the ground. Prisoner had only a blanket and a shirt on. This did not expose his person. Hori came at once and took hold of prisoner by the shirt. Prissoner was still holding me down by the hand. I was sitting up crying, and I endeavored to get away from him all the time but he held me by the hand. During this time prisoner was not attempting to take indecent liberties with me, but wanted mo to go into the house. Honi camo up and said “You fclUw. what Are you doing with this woman :

yours? this is mine;” meaning inc. Iloni was afraid, because he thought that 1 was prisoner’s wife. lat once said “It is false, I have a husband. Honi White stood oil at a distance. 1 was still crying. My mother then came to me. I was still crying, ami prisoner was holding me by tho hand. My mother said to prisoner “ What are you doing to our child ?” I then called out for some water, and prisoner went to fetch it. Prisoner said to my mother when she came “I am going to have her,” meaning he was going to have connection with me; my mother said this was not right. As prisoner was going to fetch the water he said to us “You two will be running away.” My mother then led me to our house. Honi White was standing off a little distance, and could not hear the conversation. I have told you all that occurred. Prisoner never made any indecent overtures to me before.

By the Bench : When prisoner was on his knees he was embracing me and trying to force my legs open by his legs, so that he might effect his purpose. He was doing this roughly and entreating me all the time to consent to his proposals. Prisoner did not get my clothes up. Honi White called : He stated that he went to sec the Police about the assault. He saw Prisoner and last witness at the Murewai at Hene Waka’s place outside the house. He (witness came out early in the morning to have a wash : when looking to the water he saw last witness, lighting the fire to heat water for washing purposes. He stood by the side of the house and he heard complainant call out that she was being illused by accused. Witness went quickly towards her, and while going towards her he saw prisoner with complainant. Complainant was calling out loudly and appealing to prisoner to let her up. Complainant was pushing off but was not strong enough. Prisoner had a shirt and a blanket on, and he was trying to take off his boots. He kicked his boots off. With one hand prisoner was taking his boots off and holding complainant down with the other. Last witness called out and said she would be killed by prisoner. Prisoner then told me not to come there, that she (complainant) was his woman. Prisoner had hold of her at this time and was still assaulting her when he made the reply. Prisoner said “This is my woman.” She replied “lam a married woman, don’t believe him.” He (witness) went forward and took prisoner by the scruff of the neck and pulled him away. He remonstrated with prisoner; prisoner and last witness then got up. Prisoner told last witness to go into the house. Complainant did not consent to prisoner’s advances. She resisted as much as she could.

By the Court: When complainant called out to me Hirini was not far off. I was about a chain off when complainant first called me. Prisener was using her violently bo as effect his purpose. Prisoner had a shirts, a coat, and two blankets on. Prisoner declined to ask any questions. [Left Sitting.]