TE KOOTI

Te Aroha News, Volume VII, Issue 449, 26 February 1890, Page 6

TE KOOTI

Auckland, Feb. 19 • j Tins case came on at the Supreme Court this morning before His Honor Mr Justice Conolly. Mr Napier appeared for the appellant and Mr Button for the respondent. Tiie appeal was against a judgment by Mr Bush, K.M., in March last, ordering Te Koobi to enter into sureties to keep the peace. Mr Napier said this appeal was practically an attempt to quash the judgment made uuder Section 23 of the J. P. Act. Mr Button asked leave bo take a preliminary objection. He submitted that Mr Napier was too late with the appeal, for the time was past during which the order made by the magistrate was operative. Under appeals generally the Court was to rehear the case. If that was so, was this rehearing to take place at any indefinite lime ? He thought “any time” meant dining the existence of the recognisances. His Honor said the question was whether section 23 was governed by section 23(i. The objections were chiefly to the order itself, and not so much on questions of fact. Mr Napier said section 23 was quite clear. Mr Button attempted to place a harsh construction on the words. “At any time ” simply meant within reasonable limits, lb was not right to add words to the statute. His Honor said it was also practically asked to omit the words, “ at any time.” Mr Button replied that the appeal was simply a special general one from the judgment, and there must be a re-hear-ing. His Honor said the J.P. Act was very unsatisfactory, and appeared a very patchwork affair. He would hold that he must hear the case on its merits. Mr Napier then proceeded to take a number of objections to the order. The order was bad because the alleged facts on which it was made were nob sufficient for an order. Again, there was no allegation that tbemagistratethought the conduct would be repeated. The order was made on an alleged offence which was really a misdemeanour, viz., unlawful assembling, on which accused should have been committed for trial. The complaint also had nob been made in proper form.

TE KOOTI’S AFFIDAVIT. After some further argument on several points, Mr Napier proceeded to read Te Kooti’s affidavit in the case, which was as follows : lam an aboriginal native of New Zealand, residing at Obewa, near Kihikihi, Auckland, at which place I have resided ever since the year 1885. HIS HISTORY. Prior to the year 1883 I resided at Te Kuiti, from 1874 bo 1883. lam a member of the Ngatiwaru tribe, and I am the owner of large tracts of valuable land in the provincial district of Auckland. In some of the wars, or hostilities, between the aboriginal natives of New Zealand and the Europeans some years ago, I FOUGHT AGAINST THE EUROPEANS and on the side of my own race, I ceased all hostility to the Government or Europeans in this country in or about the year 1874, and went to Te Kuiti, in the Waikato district, and there establishedmyhomewith my wives and family, devoting myself bo agricultural pursuits. In the year 1883 an amnesty for what was called by the Europeans my “ political oflences ” was granted to me by the Government of New Zealand. In the same year, the Native Minister, one John Bryce, sent me a written communication, requesting me to meet him, in order to malie peace. I consented to meet the said John Bryce, and informed him to that effect. Shortly afterwards the said John Bryce came to a place of meeting which I appointed at'Maungaoronga, near Kihikihi, and then and there stated to me that the Governor had been pleased to grant me A FREE PARDON. The said John Bryce further said tome, “ Put yourself under the protection of Her Majesty the Queen, and her laws will take care of you. You are quite free to travel about this land as a free man, and no person will now dare to molest you.” I replied to these observations of the said John Bryce, “Now, I consider that all troubles between myself and the European race are ended. Y'ou have made peace with me. Peace I too have made with you, and there shall be no farther breach of it on my side.” After my interview with the said John Bryce, I went to reside at Obewa, and have resided there, except during a short interval, ever since, devoting myself to agricultural pursuits. I was born at Poverty Bay, in the provincial district of Auckland, at a place called Paoka, and resided there until the time I was engaged in hostilities with the Europeans. My relations and people have always resided at Paoka and Karaka, and still reside there. I have never visited Poverty Bay for upwards of twenty years, and have not seen my relations residing there during that period. In the year 1870, while residing in the Waikato, I received a communication from my relatives in Poverty Bay, requesting me to visit them. In the year 1888 I sent a letter to the Government, informing them that I proposed to visit my relations at Poverty Bay. In the early part of the present year I received a letter from Mr Mibchelson, Native Minister, asking me to come to Auckland, in order to have a talk with him about my proposed visit to my. relations at Poverty Bay. I came to Auckland on receiving that letter, and saw Mr Mitchelson. I told Mr Mitchelson that I wished to go .bo Poverty Bay to visit my relatives, as I was getting an old man, and much wished to see these relations from whom I had been separated for so long a period of time. Mr Mitchelson asked me if I would carry with me any weapons of war. I replied to him I would nob, that I possessed NO WEAPONS OF WAR Except a small revolver, which I was taking to Poverty Bay as a present for my son, bub that, as an assurance of my peaceful intentions, I would not even take that revolver with me if it were displeasing to him, bub would give it to Mr Lewis, the secretary of Mr Mitchelson, who was then present. I thereupon handed to Mr Lewis the revolver, meaning that that should be a sign that I never again intended to act in a hostile manner. Mr Mitchelson then said to me : “The people European and native—in the Poverty Bay district have dark hearts and evil thoughts.” Mr Mitchelson said nothing in the course of my conversation with him to lead me to suppose that the Government objected <*to my going to Poverty Bay ; he said that I ought to go and see the Premier, Sir Harry Atkinson, who was then in Auckland. Later on, on the same day, I went to see the Premier. The Premier asked me if I was going to Poverty Bay. I told him I was going to Poverty Bay for the purpose of seeing my relations who resided there. The Premier said to me, “ I would advise you nob to go, lest you might fall into trouble on account of the evil hearts of the Europeans and natives in that district.” 1 said to him : “I INTEND TO GO.”

j The Premier asked me if there were many I people going with me. I said, “ Yes, there

will boa good few men, women and children who will join me on my journey.” I then said to the Premier “Permit me to paddle my canoe in peace. When 1 come to the mouth ol the river, if I find the waves are too high, I can return.” Immediately after my interview with the Premier and Native Minister I returned to my home near Kihikihi, and thence proceeded, via Rotorua to Opobiki, en route to the residence of my relations at. Poverty Bay. I was accompanied from Kihikihi overland, via Rotorua, by ten meu ana about ten women and children, all my immediate relations and friends. Neither I nor any of my friends or followers had any firearms or weapons, or instru ments of war of any kind with. us. I arrived at Oamarumutu, near Opotiki, on my way to Karaka and Paoka, in Poverty Bay, on the 22nd day of February, 1889. I had no intention of going to the town of Gisborne, nor within fifteen miles of it. I was interviewed at Oamarumutu by Mr Bush, a Resident Magisrate, who brought a I6tter _to me from the Native Minister asking me io return to Waikato, and nob to go to Poverty Bay. 1 told Mr Bush that I would return to the Waikato, in compliance with the Native -Minister’s request, and would abandon my intention of going to Poverty Bay. I rested at Oamarumutu for a few days after my interview with Mr Bush, and then proceeded to return to Waikato. I proceeded on my return journey, and reached a place called Waioeka, a few hours’ march from Oamarumutu, on or about the 27th day of February, 1889. I was then on my return journey to my home in Waikato. I only remained at Waioeka a few hours for the purpose of cooking food, and then proceeded further no my return journey. On or about February 27bli, 1887, hearing thatmy people had been arrested and searched by police and soldiers, I wrote a letter bo Major Porter and Wi Pere, a native chief, to come and see me on the matter. On the 27th day of February, 1889, I reached a place called Waiotahi and rested there until the 28th February, 1889, a'nd on that day I WAS ARRESTED at Waiotahi by policemen, and conveyed bo Opotiki. I was locked up in the lock-up at Opotiki on the night of the 28th February, and was brought before Mr Bush, Resident Magistrate of Opobiki, on the morning of March Ist, 1889. I was charged with unlawfully assembling to disturb the peace. 1 did not understand any of the evidence given by the witnesses in support of the charge, as the evidence was not interpreted to me. I was not allowed to give evidence in answer to the evidence given against me, and I was not allowed to call any witnesses for my defence. Tfee police absolutely prevented me from having any communication with any person whatever, native or Europoan. I desired to have the services of Mr Napier, my solicitor, to defend me, as I did not understand the proceedings that had beer, taken against me, but no time or opportunity was allowed me to communicate with him or any solicitor, and the said Resident Magistrate asked mo to make a statement.

I said : “ Why have I been arrested in this manner? When I came first to this place 1 did not touch a bootlace or an animal, and on the second visit my conduct was the same. Now, on this occasion my companions are women andchildren. When MajorPorterand WiPere came to me yesterday, I agreed to return to Waikato. Afterl had arrived at Waiotahi, I found my followers, including women and children, were detained, and after this I was made a prisoner. I consider it wrong to detain the women and children.” The magistrate thereupon ordered me to enter into recognisances to keep the peace towards Her Majesty and all her liege people for six calendar months, myself in £SOO and two sureties in £SOO each, and if I should neglect or refuse to obey the same, in that case I was adjudged by the said R.M. for such disobedience, to be imprisoned in the common gaol at Auckland for the space of six calendar months. No evidence was given to prove that I had done any act calculated bo disturb or provoke a breach of the peace, or any act offensive or otherwise to the annoyance of anyone. I was conveyed to Auckland on the 2nd March, 1889, and lodged in Mount Eden prison. On Sunday morning, the 3rd March, at 8 o’clock, Mr Mitchelson came to see me in the prison. He said tome, “I am going to get you out of this gaol. I will send up here to-morrow, and release you, and send you Home to your own place.” I said to Mr Mitchelson, “ Very well. If you want me to stop in gaol, I will stop in gaol ; but if you want me to go, lam willing to go.” On Monday morning, the 4th March, Mr Mitchelson and James Mackay, native interpreter, saw me in the prison. Mr Mitchelson said that he was then about to release me from prison. Mr Mitchelson asked me to have nothing to do with any lawyer, and he would let me out of prison. I never asked or authorised any person or persons to become sureties for me. I am informed, and believe, that two persons, to wit, Hamiore Maungakahia and Paora Tuhaere, signed a bail bond as my sureties before I was released from prison, bub they did nob do so either at my request or by my consent or authority. About 10 o’clock in the forenoon of Monday, the 10th March, my solicitor, Mr Napier, came to see me in the prison, bub was REFUSED ADMITTANCE by the gaoler. About noon on the same day I was liberated from prison, and was received by Mr James Mackay, who had a cab in waiting and drov6 me to the residence of a native named Ilebimana, who is a clerk in the Native Land Office. I rested at Retimana’s house with Mr Mackay for a few hours, and was then driven, in Mr Mackav’s company, in a cab to the railway station at Newmarket. At this station I was conducted into a railway carriage by Mr Mackay, and conveyed by rail to Mercer. Mr Mackay accompanied me to that place. I DID NOT PAY” ANY FARE on the railway, nor was I asked for any fare. When I arrived at Mercer, Mr Mackay conducted me to the hotel and I remained there in Mr Mackay’s company until next day. I did nob pay anything for my accommodation at the hotel, nor was I asked for any money. On the same day Mr Mackay conducted me to the train which was on the way to Te Awamutu, near where I reside, and I proceeded in the train to Te Awamutu. I went from Te Awamutu to my residence at Otewa, where 1 have since resided. From the time I left Waikato in February, 1889, until I returned on March sth, 1889, neither I nor any of those with me ever uttered any word or threat or menace to any person, native or European, and no act calculated to disturb the peace was done by myself or any of my people or followers. My object in going to Poverty Bay was merely to visit my own kindred, from whom I had been separated for a great number of years, and no thought of giving offence or cause for alarm to any person, native or European, ever entered my head.