RESIDENT MAGISTRATE'S COURT

Thames Star, Volume X, Issue 3332, 27 August 1879, Page 3

RESIDENT MAGISTRATE'S COURT

THIS DAT.

(Before W. McCulloußh and J. Brown '• '■- =■" Esqs., J's.P.) $, A--O- =■ ■■-. ■-■ lAKCENY. ■• ■ *..' .•Henry Kemp was charged with stealing one pig at Kerikeri, of the Taiue of £2, the property of Rihari Watenc. Mr Dodd appeared for defendant. Mr Puckey was sworn to act as interpreter. Te T7ra Whare, sworn* deposed—l remember Monday last. On that day I went to Puriri with some companions. I saw a man with a gun about 230 yards off. I didn't recognise him at once, I thought he was a Maori. I did not know why he was there. I saw his gon '.'go off downwards. When defendant fired the gun off he laid it down and went towards • pig he had shot. When we saw him dragging something we ran up." When we got near where he was he stood up, and we recognised him. When he stood upljiirriew he was a European, and a mark«??fo^thfe Vbluhtieeri. Mr Dodd asked if the pig conld be produced. Inspector Kenny thought it wai unnecessary toprtfdtieethe pig.' Examination continued—l saw the pig. When he ran away I went up to the pig and saw his tracks. I recognised the pig. There wai a mart «v it. Part of the ear was cut off. Yes, I know all, the prosecutor's pigs. There were fresh ■ wounds on it. There was a bullet hole infthe forehead^Mnd the'throat was cut. The pig was freshly killed.' I know so r because-'i^Was warm. The piig Was shot WithSbtiHet in the forehead. The gun was a^buTrt&ba^l >hol jguin.; When I tot the Kfin I,*"one barrel w»s fired off. The other was loaded with ball. Defendant, ran to .his boat rT dtagging the pig with JMnv c'\V'(; :> :'','":!. ■,',":' ■ ■ „.■.■•.• , ByiSTtDbcld: Tne constables haye the fan 1 n*o#. 5 Iwatched the defendant a Tew short time.;' The natives, present Js?%*rv««.and" B«km- iWe brought lM!m»>to,shbrtland, and gare it to some nalires. Defendant ran to the boat and got in and pushed off. None of us had gum. When he got into the boat we ran to the mouth of theereek to intercept him but could not do it. I saw Hori Matene at Kerikeri, I did see the boat being fired at. ,• | cannot tell .how; many shots were fiipd^Mhe\boat* ; *o ; ,i; Herewine and Hawire, sworn, gave corroborative evidence. E. constable in charge of Shortland station, sworn, deposed—The pig was pointed out to me. I did not examine, the pig- . It was dead., I did not notice if the,ptg- was ear-marked. Mr Dodd, on behalf of the defendant, itated that be had only the unvarnished statement of 'defendant. He states that he shotthe pig in self-defence. He was walking > o?er the ground when the pig rnlhed at him, and when hard pushed, he ■hot the pig. There was no attempt at concealment, as defendant B'aw the Maories allr^hevtime; He denies dragging the pig at all. Mr Dodd contended that the tfbMi^e should 'not have, been laid under the 21st section of the Act, but under the eleventh section. Mr Dodd argued at . tome length upon, this question. 1 TKe Justices" adjourned the Court for a 3 natter ,of, an hour to consider their ecislpn,, aDd on returning to the Bench, finfd.^the defendant £5, £3 abore the Tilue of the animal.. .„. Coutt-adjournedi