RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VIII, Issue 2912, 15 June 1878, Page 2

RESIDENT MAGISTRATE'S COURT

this day: (Before W. Fraser,^Es(j., R.M.) TJNCOILABED DOGB. ■ W ;lliam Lomas and John Canty were charged with allowing uacollared dogs to be at large, and were each fined 5s r id costs. ATTEMPTED SAFE. Patra, a native, was charged with feloniously attempting to commit rape on a native woman named Maria Moriama, at Shortland, on the 12th nst.

Mr G. T. Wilk'ison was sworn to act as interpreter, and p'so to take the depositions in Maori.

Maria Moriama, sworn, deposed—l am an aboriginal natire and reside at Thames. I know the accns d, but don't know where helives. The first time I knew him was on the mght of the assuilt —on Wednesday ni^ht last. I saw him at the Shortland *xotel. He spoke to me, and asked me to go with him to Thoinpson'sr hotel (o have a drink He dragged me over, and asked me what I wouldhaTetodiink. Isaid I would take a glass of beer, and the accused persuaded me to hare . am, and I did have rum. He had a glass of brandy. I then went out side, and he followed, md caught me by. the arm 'and took me round to a deserted fish-house on the beach. He threw me down and forced the coat over my mouth. He was on top of me at this time.' (Witness here' described the attempted rapei the evidence of which is unfit for rape). I stiaggled and called out " Tr.riai.', I am being treacherously dealt with. ' While thirf was gojjg on a native named Mita came to the door of the house and struck a match. Accused got up and ran away- During the assault accused cut my mouth with his finger nails, and it was bleeding. It was a moonlight night. When accused ran away Mita ran after him and caught him. The accus dis a stranger to Hauraki. I was not drunk. By defendant— You dragged me away when Captain Butt's hotel was open. You made up to me because you had desire for me. - You were not very drunk at the time.

By Mr Bullen—When we went out of Thompson's the accused said we would goto some person's house* but I don't recollect the/name. ' ' -

I By the Bench-—Accused dragged me io the fish-house, which is about 80 feet away from Thompson's. Mita, a Native^ sworn, deposed—*l reside at Ohinentufii and was in Shortland on last W lnesday night, and know an empty Ush-house near 1 Thompson's | hotel. I occupied one of them with I several others on the night in question. Pene was amongst us. The empty, fish-house is near the one we were :i. I heard a uoise coming from the empty house—a call for help, and Taipari's name was mentioned. I went outside, and heard the noise again. I knew it was a Maori that was calling out, and thought a pakeha was ;11-using her. I went to the door, struck a match, and looked in. I i law the accused and Maria Moriama. Maria was lying down, aad the accused was crouched down _on her. Accused jumped up, got out of the door, and ran away. As he ran out I noticed he was holding up his trousers. Maria made a statement to me after the accused ran away. I did not see the accused again till I saw him in Court. By accmed—l saw you at Mcxlhone's before the assault. I did not notice if you had two pairs of trousers. You had one hand .on her mouth, and another lifting up her clothes. : *. /

Pene, a native, sworn, deposed-^-I was at Shortland on Wednesday night, and; was in- a whare on the beach on that night. I heard Maria calling for Taipari, and spying that she was being treacherously dealt with. -I heard her call out several times". Mita went out towards the fish-house, and I followed him. I saw Mita stride a match, and when I got to the door the accused rushed out. He was prilling up his trousers. He ran round the beach. I saw Maria in the hut holding her hand to her mouth, which was cut and bleeding. The accused ran ftway fast. Accused djclined to cross-exam* le ttis witness^ Constable Haslett, swoiu, deposed—l was on duty on the night of the 12th inst. About half-past nine I saw. a number of natives in Po.len street. The accused was sitting on the ground. Some of the natives told me that the accused had been assaulting a native woman, and one of them said they had been running after acoused to kill him. I arrested accused, who was excited with drink. .

Accused declined to cross-examine this witness also.

The depositions were then read over, and the accused said," I don't know anything about it. I was drunk. I remember drinking rum, but do not remember anything else till I found myse)' in the lock-up next morning.'' Accused if an then formally committed to take his trial at the next-sitting of the Supreme Court, at Auckland. , : Court adjourned.