BEFORE THE COURT.

Te Aroha News, Volume VI, Issue 310, 24 October 1888, Page 2

BEFORE THE COURT.

John Medhurst (late"\>f Cambridge), was charged with creating a disturbance at the Palace Hotel at three o'clock that afternoon. He pleaded not guilty. Sergeant Emerson briefly narrated the circumstances under which he made this arrest. He stated that on his arrival at the hotel he found a native with his head wounded, and when he asked how he got it the native pointed to the man at present before the bench. Evidence of four Maoris was first taken, which was of a very conflicting 1 nature. Mr J. W. R. Guilding acted as interpreter. Piahana Kau (by whom the charge was laid against Medhurst) was the first witness. He appeared in Court with his head bound upin a blood-stained bandage. He stated he lived at the Omaha pah and he first met accused outside Mr Downs' and then outside Mr Ebert's. There was a row at Mr Ebert's, in which ho (witness) was struck. Asked by whom, witness stated by the accused. He was struck -with a chair, which inflicted the wound on his head. Witness did not interfere with the accused. Te Hua Whakahiro stated he knew the accused, and saw him inside Ebert's hotel that afternoon. He saw the accused strike Kau -when he went to separate the pakehas and the natives. Accused hit Kau with a stool on the head, but another man hit him first, the name of whom witness did not know. Witness afterwards stated that it was the man "who was not present who struck both blows. Another native named Timi te Rua stated he saw Kau struck by the accused. He struck him twice. Witness would have seen anyone else strike the man. Kau was standing in front of the accused and was hit twice. If the other witness said accused did not strike both blows he was wrong. [At six o'clock tha Court adjourned until a quarter past seven.] A witness named W ain urn i said she was at the hotel when the row took place. She saw Kau struck. The accused was one who struck him and there was another one. The row commenced in the big room in the hotel, and was continued in the passage. Witness was at the door when Kau was struck. When questioned by His Worship, she stated she only saw the chair uplifted; she did not see the blow struck. She did not see the first blow. George Ebert, licensee of the Palace Hotel, was next sworn. He stated that about three o'clock that afternoon he had some natives present, and also some Europeans. The Europeans were having drinks, and the Maoris were annoying them, asking them to shout. He told them to leave the white men alone, and leave the bar. They all complied except a man named Davey. He (Davey) followed them info a private room, and one of the men tried to put him out ; but he would not go. The Europeans entered the passage and they wero again annoyed. He told Davey he must go to the bar-parlour or leave the house. _ He said he would neither. He (witness) took him by the shoulders and tried to put him out. He got him as far as the back door, when he Jdrew his sheath knife (produced). He snatched it^from him, and then throw it into the yard. He struggled with him, and ho was pushed back to tho parlour. Another native, named Kau, came up to separate them,

ami threw witness flown, kneeling* on him. All the natives surrounded him then. He received a kick on the knee and on the chin. Medhnrst came up and pulled Davey off. Other white men then came to his assistance. Some lamps were broken during the struggle. The Sergeant was sent for, and when he arrived one of the natives, Kau, gave Med hurst in charge for assault. Witness stated Kau was not struck by accused. Sergeant Emerson : You stated in evidence the blow was not struck by accused. Who then struck the blow ? His Worship, addressing Sergeant Emerson : You cannot ask that. You can ask if he saw the blow struck ; but you cannot compel him to name the party that struck the blow. The Sergeant : Very well, your Worship, I won't press the question. The witness said he was near the accused at the time. He was sure the | blow was not struck by Modhurst. [At this stage the Court adjourned until ten o'clock on Tuesday,] '. On Tuesday the charge against the second man arrested was iieard. Rewiti Kahika was charged with being drunk in Kenrick-street on the 22nd inst, and also with refusing to leave the Palace Hotel when requested by the Hotel-keeper. He pleaded guilty. Sergeant Emerson, who conduoted the prosecution, stated the case. Geo. Ebert ( sworn) stated the accused was creating a disturbance at about three o'clock on Tuesday afternoon. He requested him to leave the hotel, but he would not. He then took him by ilia shoulders, when the accused drew his knife, which witness snatched from him. John Burke, who was present during the disturbance, stated the accused would not leave the room where the white men were. When they left the room he saw Mr Ebert on the floor with the accused on top of him. He was pulled off. The accused made a statement of the affair to His Worship. He said the Maoris and Europeans had all been drinking freely during the afternoon, and they all got very noisy. Mr Ebeit got annoyed with them and told them to go in to separate rooms. After a bit a fight ensued in which chairs and glasses were freely used. He said he did not know how the knife came out, as it was fixed tightly behind him. He did not know whether it fell out or was taken out. This was all the evidence. His Worship said he had no case against Medhurst and dismissed him, and he also dismissed liewiti Kahika with a caution. In giving his decision, he said the fault was on both sides, and particularly with the publican for giving them liquor until they were drunk.