R. M. COURT, GISBORNE.

Poverty Bay Standard, Volume I, Issue 37, 11 January 1884, Page 2

R. M. COURT, GISBORNE.

(Before J. Booth, Esq., R.M.) THURSDAY. LABCBNY. Karauria Kahu (a Native) was brought up charged with receiving a gold-mounted greenstone, valued at £2, the property of James Siddons, from whom it had been stolen. Mr. Turton appeared for the accused. The case was adjourned until Monday next, at 2 p.m. STEALING A BEEHIVE. A Native known by the sobriquet of Dummy, and a Native boy named A. Curtis, were charged with stealing a beehive, the property of Mr. W. Knight, of Roseland, and valued at £2. Remanded until Monday next, and allowed bail, prisoners in £5O each, and two sureties of £25 eaeh.

ASSAOLT, UNLAWTUI., BBeOUE, AND MAilCtoW INVIteY TO MOTV.Bty,. , , , Andyew Reeves, wiwdtarged with assault. Unlawful rescue, and. malicious injury to pro. petty; and D. Gilman and F. Lloyd also with unlawful rescue. Mr, H. E. Kenny appeared for the prosecution, and Mr. J. W. Nolan, for the defence. : The whole of. the charges arising out of one transaction, were heard together, the three accused pleading “ not guilty.". After opening his case, Mr, Kenny called the plaintiff, Mr. F. Hate, of Tologa Bay, who deposed that on October 18th he went out with Mr, M. Mullooly, and two others, to muster sheep which were trespassing on his land, and found between 300 and 400 on it. He also found eight fullgrown rams on the educational reserve which he held OH lease. Having got all the sheep together) he drove them towards witness' homestead, and met Reeves, Gilman, and Lloyd, Reeves was driving sheep, and both mobs mixed. Mullooly told Reeves that the sheep had been seized for the purpose of being impounded, Beeves said witness .had no possession oi them, and eammenoed driving them all along the reverse way ( the other defendants assisting Hint, and succeeded; with the aifi of their dogs; in getting the sheep away; in spite of the efforts of witness and his men;. lie -sent-a written notice to Beeves tltat the Sheep liad been seized for impounding. On reaching a gap in the fence, he stood in it, and Mrs. Beeves came and pushed Mullooly away, She then seized witness' bridle, and made some offensive remarks. She refused to let the bridle go, and he struck her on the hand. She then let go, but clutched it again. At this time, some one called out, “ Look out 1” He instinctively bobbed for-' ward, when he received a blow on the head from Beeves; He then lost hie temper. encj laifi big .whip about Beeves. Reeves tried tot retaliate, but could not keep his horse quiet; All at once he found Mrs. Beeves hanging to his bridle and coat. He then spurred his horse, and cleared himself. Got off his horse, and then saw Beeves trying to break the wires of the fence. Reeves then tied the wires to. gather, so that the sheep could get through. He then threatened Beeves with a stick, and unloosed the wires, The sheep got through. The damage was about £4 or £5. THS pound Was about five miles away; ; Crosß’enamined by Mr. Nolan j Ho counted the rams with a view of laying in information against Beeves; Had the deed Of lease of the land from Mullooly td himself, Mr. Kenny said all that the law required was that proof oi possession should be given. If witness was proved to be in possession of) the land that would be sufficient to enable him to impound. The title had nothing whatever to do with the matter. Mr. Nolan differed widely with his friend. The proof of lawful possession must be ad, duced. Mr. Hale must produce his deed of lease. After referring to the Impounding Act, his Worship ruled that Mr. Hale had better produce his deed of lease. The deed of lease' front Mullooly td Hale, dated August, 1883, was here put in by Mr. Kenny. The examination of Mr. Hale continued by Mr. Folan—That was the only title witness had got in the Mangarara No. 2 Block. He held another agreement to lease from Natives. Mr. Kenny objected to any question about title being gone into. Cross-examination continued—The land passed the Court in 1873. Mr. Mullooly bought the land from the Natives and fenced it in. Some time ago a Government official came “ scratching ” at the. title of the Maories who had sold to Mullooly; The land had since been proclaimed. Mullooly went out with witness on the day of the occurrence, on account of some notices which Mr. Beeves had posted in the town. Had ffien at Work oil the land weeks before thia occurred. Saw Mr. Reeves coming with his mob of sheep. The land was not fenced in all round. Mr. Beeves was the original holder of the whole place from the sea upwards, and held the land from the Maories. Mr. Mullooly fenced in the block iii 1873, but made no further improvements on account of the Government interference. He did not remember Mullooly pulling the fence down.

Re-examined by Mr. Kenny: There was no other acts of occupation except the men working there. There was a part on the hill which Mullooly had not fenced in. They drove the sheep towards the house with the intention of putting them in his yard, so that he could communicate with Mr. Reeves, and make some arrangement to save impounding. Tamati Hautapeu: Knew Mr. Hale, and went with him to drive sheep to the pound off the block. He saw the eight rams which Mullooly had seized. There were 800 or 400 sheep. They drove them in a mixed floek of sheep in the direction of Mr. Hale’s house. They met Mr. Beeves and his people. Mullooly spoke to Mr. Beeves, and they had some words. Mr. Reeves had no sheep, but wanted to prevent the sheep they were driving being taken away. One party tried to drive the sheep one way, and the other party tried to drive them the other. Mr. Reeves went forward and beat Mr. Hale with the handle of the whip. Mr. Hall bobbed his head, and the blow fell on the shoulder. If Mr. Beeves had not bobbed his head the blow would have taken place on Mr. Hale’s head, He saw Mr. Beeves pull up the fencing-post and make a place fbr the sheep to get through. The wires were all Blackened, and the sheep got thro ugh i Cross-examined by Mr. Nolan ; Only saw one post pulled up. Did not see the rams seized. They were not amongst the flock when he first saw them.

Te Kani cross-examined by Mr. Kenny : Was present on the occasion, and saw Hale and his party driving sheep one way, and Mr. Reeves and his party trying to drive them the other. Saw Mr. Reeves go to Mr. Hales with a whip in his hand, and hit him on his back. Some one called out “ Hale, you will be hurt.” If Mr. Hale had not moved the blow would have lighted on his head. Saw Mr. Reeves pull the post up and let the sheep through the fence. Mr, Reeves got all the sheep away. Cross-examined by Mr. Nolan I—Saw Mr. Reeves driving some sheep early in the morning. Saw Mr. Hale strike Mrs. Reeves on the arm when she had hold of the bridle of his horse. Mr. Nolan said that, in order to save time, he would admit the facts of the case, with the exception of the seizure of the rams on the Educational Reserve. Mr. Kenny said that being so he would call Mr. Mullooly. Mr. Mullooly, examined by Mr. Kenny, said he did not see Fitzgerald seize the rams. Some of the sheep seized were on Mangarara No. 2, and some on Crown Grant lands, which Mr. Hale holds.

Considerable altercation here took place as to putting in a plan produced. His Worship ultimately ruled its admission. By the witness: This mark on the plan produced shows the place where there is no fence. We drove the sheep in the direction of the yard which had been built for the sheep. We met Mr. Reeves driving sheep in the opposite direction. Witness told Mr. Reeves they were taking the sheep to the public pound. Mr. Reeves had his dogs, and drove the sheep in the other direction to which we wanted them to go. Saw Mr. Reeves pull up the post and try to batter the wires down. After the post was pulled up the wire fence was lying on the ground. Could not tell exactly what it would cost to repair the fence. The post could be put right in about three-quarters of an hour. Mr. Reeves got the sheep away. Everybody had been in occupation of the land since 1878. Never had any fence pulled down. The fence had been pulled down once and re-ereoted. Took possession of the block and sowed crops on it. Had leased to Mr. Hale by the present deed. Had not seen the Qazette notice (produced) for hearing the original claim of the block at the next sitting of the Native Lands Court at Tologa Bay. Remember giving Mr. Hales a letter authorising him to go in on possession of the land. Mr. Hales drew the letter up himself. At this time, Mr. Reeves had sheep running on the block. Had possession of the land since 1878. Had cleared the land from scrub, and put portions under scrub. The whole of the block was fenced in with the exception of a small space.

Re-examined by Mr. Kenny : Received the letter (produced) from Mr Hales accepting the lease of the land from him (witness). On the 17th of August, Mr. Hales put the fence in repair. Mr. Gill offered witness £5OO for the interest in the block. Had bought the land from the natives, and they had never disputed his title to it to the present day. By the Court—The expression in the letter.

«t< to Mr, Hales linking » oltfHi; in th* Msek means that a second order was made in iftror ot 80 hdtives. Hid not puriihiised from these 60 natives, Had no title under the seoend order.

Mr. Kenny said Mr. Mullooly had an interest in the block under the second order, inasmuch as a number of those natives who had originally signed the first sale were, included in the second order. Mr. Mullooly was a tenant In common, and was also about to petition the Lands Court; Mr. Nolan—“ Never mind what he is about to do. We shall have him for fraudulent bankruptcy, anyhow.” Mr. W. Grey, Registrar of the Native Lands Court, produced memorial of ownership of thefilook; ■ ’ • . ■ Mr. Hale, recalled, said at the time he-was acting against Mullooly; and ior Mr, Reeves. Believing that Mr. Mullooly's case, was hopeless, he had entered into negotiations on hi# own account; but wishing to give him every opportunity of fighting out his suit against the Crown, had agreed to take title under him; in order to facilitate his title. His Worship asked Mr. Hale whether he was not ewarei as 6 licensed interpreter; that the Government strongly objected to aut dealing with lands under prcelamatlon. Mr; Hale said no such proclamation hM been forwarded to Hind, He had been overlooked in this instance; This closed the cbm, when Mr. Nolan addressed the Court, and said he could do no other than oall the present proceeding a conspiracy against Mr. Beeves- These men had gone out with the express intention of impounding Mr. Reeve's cattle alone. He mast submit that the case of assault must fail. No man—even a Maori man, or even a black man—-would stand passively by and see his wife struck; Any man who struck a worilah, no matter what the circumstances—a man Who struck a woman was unworthy that name. Mr. Reeves had most properly' protected his wife from the violence of another man, aud every man had a right to protect any woman, let alone his wife. He would eubinit that the defendant was perfectly justified in what he had done, and confidently asked that the case be dismiaaed. Hie Worship agreed with Mr. Notem ae lte ffiiist say that A ffian Had a right; afid duty, to protect his wife from the blowi. pf < stoekwhip. He would dismiss the charge oi assault. Counsel's fee, Cl la. Mr. Nolan than adverted tp the yeMuei and Said no rescue, had really been proved. Ab was usual in Maori warfare Mr. Mullooly was sent out as a herald, and a row ensued, when Mrs. Reeves came upon the scene, a uignt difference of opinion arose, and the two flocks got mixed, and the defendants simply drove the mixed flocks away. There had been nd rescue within the nieaning of the Act; Mr; Kenny roee to reply to the point of law; . . ; . Mr. Nolan said he had not raised any point of law. Mr- Kenny submitted that , the question ai to legal reioue was a distinct point of law. His learned friertd Had said the flockis had mixed. Mr. Nolan said Mr. Kenny had no right to address the Court at all. He was not keeping to the definition of rescue. His Worship would hear Mr, Kenny as to the legal definition of rescue. Mr, Kenny said that any act, however innocent, which prevented the sheep from being lawfully impounded, after he had been warned that they had been seized for impounding, was a rescue within the meaning of the law: If this was not a rescue, he did not see whatever could bd called one. The evidence had been most conclusive on this point; Mr. Nolan contended that nO evidence had been adduced that the defendant had any interitidh id rescue. His Worship agreed with Mr. Nolan that no rescue had been nlade. Mr. Reeves had been driving sheep all the morning, ana had met the other flock, which had got intermingled. There had been no rescue. Charge dismissed; Costs £5 Is; Mr. Nolan now went into the question of malicious injury, and contended that no malicious injury had been done. His Worship said that as the documents had proved the property was not Mr. Hale’s, the injury done to the fence was not serious, and the evidence on that point was not very clear, he did not think that more injury had been done than was necessary to get the sheep through. Charge dismissed without costs; Counsel's fees, £1 Is. BREACH OF TBS CATTLS ACT. Mr. Beeves was then charged, on the information of Mr. Hale, with a breach of the 16th section of the Act, with allowing eight rams above the age of six months to roam at large. The same legal gentlemen appeared in this case, which arose out of the previous ones; After Mr. Nolan had opened his case. Mr. Kenny said he had never heard a more simple or absurd and frivolous objection to the charge than that put forward. No matter who they were or what might be the ease unless the Act specially stated otherwise, any person Whatsoever had a perfect and lawful right to lay an information. No matter whether a person was affected by the act committed or not, if the law was broken any person whatever could take upon themselves the office of prosecutor. The Court then adjourned until 10.80 todfty* -