CHARGE AGAINST MAORI.

Taranaki Daily News, 20 May 1922, Page 5

CHARGE AGAINST MAORI.

A SERIOUS ALLEGATION. SOUTH TARANAKI CASE. A young Maori whose name was given as Simon Penny, or Pini. was tried in the Supreme Court, New Plymouth, yesterday, before Mr. Justice Reed and a jury, on the charge of having carnal knowledge of a girl of eleven years and six months (also a native), at Taiporohenui pa, near Hawera, in December last. There were two counts in the indictment, alleging offences on December 7 and on or about Dec. *25. Mr. C. H. Weston appeared for the Crown, and Mr L. A. Taylor conducted the case for accused, who pleaded not guilty. The public were excluded from) the court during the hearing. His Honor remarking at the outset that it seemed a case in which such action might be taken. The following jury was empanelled: Messrs. R. O. Ellis (foreman), R. T. McQuade, H. B. Julian, H. H. Olson, A. B. McDonald, N. W. Hill, W. N. Ackland, F. S. Butler, R. C. Allsop, J. G. Boulton, F. W. G. McLeod, and J. O. Asquith. According to the statement of thte case, by the Crown Prosecutor, Penny was working at the Taiporahenui pa for a Maori named Pananui (or Scott). Originally he had come from the northern district of the North Island, but had been in Taranaki for some years. About 100 yards away lived the little girl concerned in the case, with her parents. The Maoris near Hawera held a school carnival, and part of the proceedings was the election of a carnival queen. The girl was one of the candidates, and was subsequently elected queen.

A Maori troupe was got together for the purpose of raising money by entertainment, and they toured through various parts of Taranaki. Penny was one of the troupe, and the little girl also travelled with them After a trip to Waitara, on December 5, the performers returned to the pa on the 6th. That night Penny and the girl slept in the house of accused’s employer. In the afternoon, she and another girl had slept in Penny’s room, and at night the girl and Penny slept alone in this room. After an interval of some days, which she spent with other people, the girl returned to her father’s house. It became the practice then for accused to go across to the house and spend nights in the girl s room, which was in front of the building. The parents slept at the back. The father of the girl became suspicious, through noticing the window of the room wide open one morning; but it remained for him to be told of Penny’s visits by some other Maoris who had noticed the practice of the accused in going to the house. A Maori meeting then took place, and Penny was confronted with the charge. Proceeding, Mr. Weston pointed out that the law had fixed an age limit, and the question of consent could not enter into the matter. It might be ar--ned that there was a custom to the contrary 7 among the natives regarding the question of age, but the Crimes Act also governed the Maoris, and further, the evidence was that there was no custom among the Maoris permitting such a thing to happen. Evidence on the lines of the Crown Prosecutor’s statement was given by the girl, her father, and other members of the family. Medical depositions were also read.

According to the testimony of Constable W. H. Andrews, of Hawera. Penny, when arrested, characterised the charge as “a lot of lies.” In opening the case on behalf of Penny, Mr. Taylor remarked that accused said straight out that the act for which he stood charged did not occur. Counsel urged that the first indictment ebnIcerning the alleged occurrence on December 7 was “washed out” by the evidence. Giving evidence on his own behalf, the accused denied committing the al- • leged offences. He said the girl told him she was 13. and also promised to marry him when she readied 14. Rte admitted that they were a good deal together, and said he could not keep the gi:’ away from him. In reply to the suggestion that he had been seen getting out of the girl’s room through the he said this occurred when he assisted the girl to get into her room after returning from a dance; it was the only occasion that he had .opt through the window. The case for the defence was proceeding when the Court rose, shortly before abc A’flUok. till tius morning*