R. M. COURT, GISBORNE.

Poverty Bay Standard, Volume I, Issue 52, 29 January 1884, Page 2

R. M. COURT, GISBORNE.

(Before T. W. Porter, Esq., J.P.) YESTERDAY; PERJURY, Eewi Te Bangitere was brought up and charged on the information of the police that he did, on the 24th instant, falsely, wickedly, and corruptly commit wilful and corrupt perjury in the testimony which he gave upon oath in his examination before J. Booth, Esq., one of Her Majesty’s Justices of the Peace, upon the hearing of a certain information then and there preferred by one R. H. Pegley against Karauria Kohu* Mr. C. A. De Latour appeared on behalf of the accused. Jas. Siddons, sworn, deposed—My name is James Siddons. I am billiard-market at the Makaraka. I was employed as such on the 4th of this month. On the night of the 4th I lost something — a greenstone pendant valued at £2. I would know the pendant again ; that is it produced. I saw the pendant again on the following Monday with Mr. J. W. Francis. I never sold it to anyone; To Mr. De Latour—l know it was Friday evening, the 4thj that I missed the greenstone—that was when I first missed it, between 10 and 11 o'clock. I was putting a man out of the room, There was a scuffle. I felt a tug at my my watch chain, but paid no attention to it at the time. When 1 got the door shut I went back to the head of the table and found my vest was open, In buttoning it again I missed the greenstone. I wear the chain it came off. The greenstone was broken from the link attached to the chain. I am certain the pendant was on when the scuffle took place. I was scuffling with a Maori working at Mr. U’Ren’s. To his Worship—The accused was there that evening in the billiard-room. I cannot say whether it was before or after the scuffle, The accused and the Native I scuffled with were working together. J, W. Francis was manager of the Wae-renga-a-hika Hotel, and had been in that position for the last six months. Recollected Sunday, the Oth of January, and was in the bar on that dayj and purchased a greenstone for ds; on the afternoon of that day. The seller spent 2s. out of the ss* H. Hull and Harries were also present. The prisoner is not the person whom I bought the stone from. It is the only greenstone I ever bought in that house, That (produced) is the stone I bought. Kept it until I handed the same to the police. I am certain the prisoner is not the man I bought the stone from. There is not a great difference, but there is a difference in the dress, in the earrings, and spot on the nose. The other man is not so tall, younger in appearance, wears no ring on his ears, and has a mole about the size of a pea on his nose, wears a light suit of clothes in a very ragged state, and had no boots on. I was present whem Kahu was tried for receiving the greenstone. Mr. DeLautour here objected to the witness giving any evidence as to what he heard said by the prisoner on that occasion, The only admissible evidence on this point would be the magistrate’s notes signed by the prisoner. Whatever oral evidence might be produced could not be taken against the prisoner. If such was allowed, we all might be made perjurers. Examination continued—The greenstone produced is the one I bought on the Sunday. By Mr. DeLautour—l saw the prisoner Kahu during the whole of his trial, and knew him previously. I was asked to identify him. I looked at him, and identified him immediately. I saw him in Court all through his trial. I also saw the prisoner at the same time. The bar is lighted by three glass windows and one wooden one. They were closed, and two had green-baize curtains, which were drawn, one other was frosted. Bought the stone for myself. He came in and wanted 7s. I gave him ss. and he shouted. I had a drink. There were no conditions made. The stone was not offered to me in the first instance. It was offered to the other parties, but as they had no money it was handed to me. I tried to find out who it belonged to. I found out that it belonged to Siddons. I showed the stone to everybody in the house. I do not know what clothing the man in the dock had on that Sunday. Having seen both the prisoners on the floor of the Court at the trial, I can say this prisoner is taller than Kahu. By the Court—There were no other Natives present at the time I bought the stone. Had never seen Kahu before the time I bought the stone. He was present about five minutes. Did not mark him particularly. Did not think the stone had been stolen. Had remarked all the peculiarities of the man during the five minutes he was at the bar. At the time of the previous trial there was a question raised as to identity. I never, to the best of my knowledge, saw the prisoner now in Court previous to the last trial. Have only had to do with Natives during the last six months. My knowledge of the prisoner Kahu only lasted five minutes. I am quite clear that the present Native is not the man I bought the stone from.

The witness here addressed the Court, and asked that Mr. DeLautour should withdraw the assertion that he (witness) had bought the stone well knowing it to have been stolen. Mr. DeLautour said the witness would have an opportunity of making his statement at a further stage of the proceedings. He had made the assertion that the police had as much right to proceed against the witness for receiving as they had to proceed against the Native. He made this assertion with a view of showing that the witness’ evidence might by prejudiced.

By the Court—Went straight to the paddock with the police a lew days after the purchase, and pointed out the Native front whom I had bought the stone. H. Hull was billiard • marker at the Waerenga-a-hikft Hotel, and remembered Sunday, the 6th of the present month, when he was present at the bar of the hotel, The last witness, Mr, Francis, and Mr. Harris were also present at the time, _lt was about 4 o’clock, and was at the bar window in the passage when I saw the greenstone pendant sold to Mr. Francis by a Maori, Had the greenstone in my hand. That (produced) was the one. The man who sold the etone wae not a very tall one; was rather young, and was dressed in a ragged white jacket. He also had a wart or a mole on the side of his nose. To my knowledge, I never saw the prisoner now in the dock before. By Mr. DeLautour —Was standing at the bar window when the stone was bought; There wan one outward door open towards the street; The street entrances to tha bar were shut, The blinds were drawn. Was in the bar about half-an-hour. There wan no ■*-. other drinking at the time. Never saw Ulf prisoner now in the dock before. I becSWru familiar with the native tried at the fornKm, trial during the enquiry. He had a whi#’ coat on at the time, By the Court—Had never seen the man now in the dock before the present time; The previous prisoner just came into the bar; sold the stone, had a drink, and went away at once. Noticed all the peculiarities of the other prisoner during the time of the sale, ae he was leaning through the window alongside me at the time. He had offered it to me first. When asked by the police whether I could identify the man, I told them I thought I could. I described the man to the police as being short, dressed in white clothes, but did not say anything about the mark on the nose. T Went with Constable Pegley and Mr. Francis to the paddock where we saw several groups of natives, and found the man. Mr. Francis said, “ Here’s the man, Harry;” just as I was going through the gap; I turned round, dnd recognised him, I said, h That’s the man;’-’ By Sergeant Bullen—l had not seen thb man up to the time Mr. Francis called my attention to him.

By the Court—We had not given up the search at this time. We were just going . through a gap when Francis called out. The native was lying down in the long grass, and I had not seen him. J, D, Harries remembered Sunday, the 6th of the present month. Was in the bar of the Sir George Grey Hotel, Waerenga-a-hika; on that day with Mr. Francis, the previous witness. Knew the witness H. Hall, who was present at the same time. The prisoner was not present while I was there. I saw a Native sell a greenstone on that day to Mr. Francis. The agreement was for 65., the seller to shout for four. I saw the stone, and had it in my hand, but could not swear to it again. The prisoner now before the Court was not the man who sold it. The Maori was there about five minutes after selling it. Could not say as to the time ; was somewhere between three and five in the afternoon. Witness had been in the hotel about twenty minutes previous to the occurrence. Had never seen the Native who sold the stone ' since the occurrence; By Mr. DeLautour—Had no knowledge of having seen the Native before the sale. Could not give any reason for recognising the Native who sold the stone. The Native might have been at the hotel about twenty minutes. Did not think he was there half an hour. Was just alongside the bar door. It was quite light. There was plenty of light to see what was doing. By the Court—Had not given evidence at the previous trial. Had not heard the descriptions of the other prisoner. Had been in Court during the time the other witnesses were being examined; Took particular no; ties of the Native at the time. The presents prisoner is not the man. The other man* had no ear-rings, had a mark upon his nose, was stouter than the present prisoner, and was dressed in a well-worn suit of light clothes, and had no boots on. Heard the previous prisoner offer the stone to Francis, The Maori came into the room and offered it to me and others. Told him I had no nioney; Had no doubt at all as to the identity of the Native. Had no conversation with any of the witnesses. Had not heard anything as to how the Native had become possessed of the stone.

By Mr. DeLautour—Had not seen the newspapers, and had no time to read them. The witness here protested against the insinuation of Mr, DeLautour, If he had even read the papers, he should not swear falsely; Jas. Booth, acting in his capacity as 8.M., heard a charge against a Native named Kahu for receiving stolen property. Had seen the prisoner before when he was called as a witness in the above case on the 34th inst. Mr. DcLautor here objected. The only evidence relating to the previous case which was admiesable would oe the Magistrate's notes taken at the time, on the signed depositions of the witness. He submitted that the evidence now tendered was inadniissable. Examination continued—The present prisoner was sworn on that occasion and said " I sold a greenstone to the hotel-keeper on a Sunday. There were three white men present; Three shillings were given. Two shillings were shouted, Gave drinks for three white men and myself. Stayed a short time and then went to Arthur’s. Got greenstone at Makaraka on road going to Matawhero. Should know atone again. Had not received euposna. Made a voluntary statement to Sergt. Bullen. No one has instructed me or influenced me to make this confession. I have been told that if I made this statement I should not be punished. Jimmy Kahei said this to me. Jimmy did not sky whether I should be punished. I first heard from Jimmy Kalier that Kahu had been captured. After this I said I had sold it and talked about giving information to the sergeant; The pendant produced is the one I found and sold; (Cross-examined by Sergeant Bullen) —Found pendant on a Tuesday, I was working for V’Ben when I found it about midday, I kept it in my possession until I sold it. Showed it 1 to several Maoris. Sold pendant after break- ' fust and before dinner. I went from Arthur's that day and had been there two days when I sold it. Did not see Pegley capture Kahu, Did not say yesterday that I saw the prisoner with constable. I started for Waiapu on the Tuesday after selling pendant, and reached there on Thursday, stayed there two Sundays. Went to fetch my father to thresh grass, Jimmy Kaher, told me that Kahu was captured the day before yesterday. Ths barman spoke in English. I have worn ring in my ear for about two years. I sold pendant to Francis. Have seen him frequently. (Beexamined by Mr. Turton) —Was at U’Ben's before going to Arthur’s. Do not know Tuah.” This was all the evidence taken down. The defence in the case for guilty receiving against Kahu was that it was acase of mietaken identity, and that the Eioperty had not been sold by Kahu, but by a man who was taller, darker, and uglier. The case for the prosecution was that Kahu was the man who sold the greenstone pendant then produced and sworn to by Messrs. Francis and H Mr. DeLautour here again objected, and a long argument ensued as to the admissability of certain evidence. Bv the Court—The prisoner was closely mestioned as to the time being before dinner. He said that it was before noon. The “ recently ” was ° n the Sunda y Previous to going to Waiapu. The two men are very dissimilar in appearance. This closed the case for the prosecution. The evidence having been carefully read over to the prisoner, he was cautioned m the usual manner and asked it he had aught to say, and replied in the negative. Mr. DeLautour then called Mr. Woon, who deposed as to acting as interpreter on the trial at which the alleged perjury took place. Was not sworn at that tune, saw the accused before the trial on which he was a witness. Interpreted the evrdenee. The accused was not asked whether he understood the nature of an oath brfore he wae sworn, or what religious belief he was. Drd not think the Native understood the pains and penalties attached to a false oath. Sergeant Bullen objected to Mr. Woon’s opinion. He was not there to give opinion, but to speak to facts. Cross-examined by Sergeant B 4“ en ~ A “IS" tinctly say that before administer in ß the oath * I said nothing to him, but afterw ar(ls 1 “ you must speak the truth, ha vin ß been sworn in the presence of God.” Had a reason for saying this. I was ind uce( l to say thia, as I noticed a hesitancy shown by

the prisoner when kissing the Bible, which made me think he did not understand what he Was doing: I cautioned him on this account, It did not occur to me that the hesitancy was occasioned by the fact that the Native was about to tell what was not true. Had been interpreting to Courts for the last thirty years on and off. Had been led to caution the man because of his hesitancy. By the Court—The hesitancy might have been caused through the Native’s ignorance of the customs of the Court, lam the recognised interpreter of this Court . It is usual io explain the nature of an oath to Natives before swearing them. Could no.t say’ why it was not done in this case. Had generally followed this practice in the Courts. A Native who did not profess a religious belief was not sworn. By Sergeant Bullen—Had been interpreter for two years to this Court, and could not say that this had been done more than twice iliiring that tiitid. Simon Kennedy (a Native) after being cautioned, deposed—l saw the prisoner, and was with him and others in the early part of Jaimary. We were at U’Ren’s, working at th*raes-seed. A lot of us went together in the evening, Remembered going to Makari»a with prisoner one Saturday, and playing there. Remembered that it was some time after the fleet Saturday of the New Year, On *. Saturday, myself, the accused, and Other Murewgi children were at Makaraka playing, The accused played cards with us. The accused showed us a pendant, and asked us to buy it. He asked £1 for it. He did not say where he got it. We thought it was his own. BaW it in the accused's hand, and would know it again. This is the stonejproduoed) which I saw the prisoner have. We went to Makaraka to draw money, and on Saturday saw the prisoner with the stone. I cannot say how many days after the New Year it was. On Wednesday and Thursday we were at work, and on Friday evening we went to Makaraka to draw money. It was on the Saturday I saw the prisoner with the pendant in his hand; That was the day he Wished uJ to buy; The accused and I were Working together the week after; Did not have any conversation with the prisoner about Kahu's arrest. By Sergeant Bullen —lt was the first Saturday after the New Year when we saw the accused with the greenstone in bis possession, The accused and I were working together for the following week, and then drew pur money. Was certain that the prisoner worked all ths week. The paddock was U'San’s; They continued work next Week in the same place; On the Monday and Tuesday of the second week, I saw him; but on the Wednesday I lost sight of him. I was at Makaraka on the Sunday after the Saturday on which I saw the prisoner with the stone. I did not see him on the Sunday, as I came down to Kennedy. We commenced playing cards on the Saturday, before dinner. The accused had spent his pence, and took ths stuns out of his pocket, and offered it to Us, saying—“ Buy this." We were playing beside the store, inside a fence. After we had finished playing cards, I lost sight of prisoner. The sun had not gone down. By the Court—That Saturday was the first time I saw the prisoner. Our party went to work on Monday, and the accused was one of us. U'Rren paid us. During the week, the prisoner never spoke about the stone. On the Wednesday, I lost sight of the prisoner. He told us he was running away to Waiapu. This was told to three others. Prisoner said he would not stay here lest he should be caught and apprehended for selling the greenstone. He told us this while working in the paddock, Heard that a boy had been taken up for the stone. The prisoner was there, and heard it also. This closed the defence, Mr. DeLautour then stated that, by a mistake, a number of witnesses had not been called for the defence; He did not think a jury would convict on the present conflicting evidence. Mr. Woon had stated that he had never been sworn, and also that he had strong doubts as to whether the native understood the nature or meaning of an oath. He confidently asked that the accused be discharged. His Worship said be should like to give the case tome consideration, and would remand it until 10.30 on Wednesday morning.