RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XIII, Issue 4277, 15 September 1882, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before H. Kenrick, Esq., RM. THE EOLLICKINO- (BLACK) BAMS. Pehana Kau, Heme Puru, and Peha were charged with using obscene and threateninglanguage near the Kauaeranga Bridge on sth September. Mr Brassey defended. Henry Woods, storekeeper, residing at Kauaeranga Bridge, deposed that on the night of the sth he saw defendant, in company with two other natives, at his house about 11 o'clock. He was in bed asleep, and was awakened by violent kicking at the-front. He dressed him-, self, went out by the back, and saw them. . They were away about 100 yards. They came back, and one of them began kicking the door. Witness said, "You had better be off." One of them came running to him as hard as he could run, and said, " You b-~—y pakeha, I'll murder you." Only heard Kau saying, " You b , you want to be killed ; " that was all he understood. They were talking a great deal in their own language. They were near the house when ho spoke to them, but at the time he heard the expression they were about 200 yards off. Witness struck,one of them, he believed Jimmy Sinclair. It was a starlight night, and they struck matches to light their pipes ; hence he could recognise them. Mrs. Susan Woods, wife of last witness, deposed'—She'was very frightened ; they called him all the bald-headed b—'s they could lay their tongue to. She persuaded her husband to come, as she would not live in such misery.

Pehana Kau deposed—-He and the other two defendants left Shortland to go home. Called at Winder's hotel, and afterwards went to Wood's store, where they wanted to buy bread. He and Peha stood on the road whilst Heme Puru knocked at the door, which was not opened. They had seen from the bridge that there was alight in the kitchen. The door not being opened, they proceeded along the road. After they had gone some distance, Mr Wood came out, stood at his fence, and called out, " Where are the Maoris ?" When they heard him call out they returned ; Heme, having the money, went in front. Mr Wood returned into the house by the back way. When they got to the house Hemo was just going on to the verandah, and Mr Woods opened the verandah door. He struck Heme a blow on the forehead. Peha went to the rescue as he called out that he was hurt. They struck a match and found that Heme's face was covered with blood. Peha lifted him off the ground. Witness called to them to come away, as perhaps Mr Wood would be shooting them and killing them out>. right. They went away, Heme holding his hand up to his wound. Witness then proposed they should call Mr Winder. Mr Winder came across while Heme was knocking at the door. Heme was vexed at being struck* and wished Mr Wood to come oat. Mr Winder, seeing what had happened told them to go home. The only language witness heard was when Heme was knocking at the door after he had been struck ; he called Mr Wood a b , and told him to come outWitness could not use the English attributed to him. Did not use any threatening language. Understood a few words in English. Could swear in English Mr Kenrick fined them a shilling apiece at one time for a few oaths they swore. They were all sober. iThey only knocked at the door and did /not kick it. Mr Wood struck Heme without saying a) word.

Peha gave corroborative evidence. They had three half pints of beer at Winder's. Woods hit Heme a blow above the right eye. Heme went back a step or two, and fell. Did not hear Kau use any bad language. Had one pint of beer and three half points that day. They did not make any noise. Heiae went and asked for bread. Thought Mr Woods has an objection to natives. Heme said immediately after the blow that he wanted to fight. Mr Woods went inside and shut the door; Heme kioked it. Heme did not call Mr Woods a b -. They gave no provocation.

Heme Puru (Jimmy Sinclair) deposed they only tapped at the door with their hand. When Mr Wood struck him he had ■ something in his hand; he did not known what it was; it was harder than wood. He had never been there to purchase anything before. Was not there on Sunday morning at 2 o'clock. When he was struck and in pain he did use the word b-—. When Woods called out they came back because they thought he would open the shop. Mr Woods went in the back door and came out the front, when he struck him. Mr Woods always seems angry when the natives goes to the shop. He never made use of the expres* sions complained of.

Mr Woods, re called, deposed that before he came out of his bedroom, he heard a Maori call'out, " You bald-headed old b come out, I want you; I'll kill yuo." Witness' wife wanted him not to go out. He said he would violate his wife, kill his picannies, rob his store, and burn it. Recognised the voice as that of Heme $>uru. . When he went out, he v*w three men. Hemo. jumped at the fence, with his hands on the top, and said, "You b , I'll pakaru you." Witness hit him a slight tap.. He came the second time, and said "You b~—y pakeha, I'Jl pakaru you." Witness him harder aud knocked him back. After witness went away, they conversed a little in their own language, and, s walked away a few yards. Came back to the verandah, and began kicking. Witness opened the door, and asked what they wanted, and they said: ," Taihoa: we tell you what we want." Peha had something in his loft hand, so he shut the door, and put a bag of potatoes behind it. Two of them went away, but some time after, when going out with a lantern to examine, he was attracted by a rustling. Heme rose up from a ditch, a,nd scampered away barefooted. The beading was broken and the door dented. They remained about his place two hours. Struck Heme with a little titree stick about a foot long. Peha and Heme made use of the language twenty or thirty times over. They swung their hands about, and danced the war dance, and said they would pakaru all the b——-y pakehas on the Thames. They seemed betwixt and between drunk. Witness said that he would teli Taipari and Nikorima on them. They said, what did they care for them, and consigned them to eternal perdition. The native came on Sunday and said " You b——y Pakeha; give me a loaf, I'U pay you to-morrow." Peha said he would burn the store, and pakaru the wife and picanninies. The same langu£&e was' made use of both before and after Winder went away. Mrs Woods gave corroborative eri-

denee, She heard the kicking and all sorts of bid language ; they threatened to burn down the house: they threatened to kill'her husband, and she was very much frightened. She saw Heme and Kau in the middle of the road. She had been in a shipwreck, but was never so frightaned as on that night. Heme did not come forward after he was hit, but Peha came on to the verandah. She was afraid they would burn the house down. They had j not too much drink, but they were up to j mischief. They were storming the house as if -it would come down. She did not know that Heme was struck until he called out he was hurt. Heme was the only one she heard threaten to burn the house, but there was plenty of bad talk; from Peha. It wasii't the man that was hurt run away ! from .the drain. ..'.,..,.........,. i; , V Charles Winder, licensee of the Bridge Inn Hotel, deposed about half- an hour after the natives had been to his hotel Peha came and asked him to come over to Wood's. They talked about one of them having been hit on the head, and were a bit excited about it. Mr Wood was also excited. Witness advised him to go in, and they would go home. Heme struck a match, and showed him his forehead. He told them if Mr Wood struck him in the wrong ' they would have a remedy in the morning. Heard them go along the road. Heme dropped back, and they went to fetch him along. When he thought there was no danger he went home. They said, "No good the b ■ pakeha," but he heard no J threats. Mr Wood' said he would not stand any more of their nonsense, and would see in the morning if he could not put a stop to it. Did not hear any shouting or kicking afterwards; if he had he would have gone back. Would probably have heard shouting, but did not know whether he would kicking. The natives did not seem noisy. Heme Puru was re-called. His evidence was a complete denial of using all the language. After Woods struck him, he said "he would pakaru his head so as to make-it like his own. He believed it,was not a stick Mr Woods struck him with, as Mr Woods did not strike down, but speared or stabbed at him. What Mr Woods said was not true; lie was not attempting to get over the fence; he was struck on the verandah. Peha did not approach the door, as he was afraid of being served the same as witness.

His Worship said that there were discrepaucies in the evidence on bo.th sides. He must hold that the defendants were guilty of the conduct attributed to them. Either they were peaceable people going home, and, calling for a loaf of bread, were assaulted without provocation, or they had behaved themselves in a most violent and unbecoming manner.; Mrs Woods' identification, he thought,* could hardly be relied on, but' the facts, were sufficiently clear. Eau had not made use of ybad language or threats, but had been guilty of violent conduct; he would have to find two sureties in £25 each, besides entering into his own recognizances to keep the peace for 12 months, failing this to undergo three montbs' imprisonment. Peha had uttered both threats and bad language ; sentenced to pay £5 or undergo a month in Mount Eden; also to find two sureties in £50 each, and enter into his own recognizances to keep the peace for 12 months, or go to gaol for three months. Heme, who had used foul language and gross threats was sentenced to a', similar penalty to Peha's. His Worship informed the natives that he. was sorry this was not the first offence that had occurred in that neighborhood within tlxe past few weeks. An old lady's house had been broken into at two o'clock the other morning, and she frightened into leaving. If that offence had been brought home to the accused the penalty would have been much heavier.