RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XV, Issue 4844, 19 July 1884, Page 2

RESIDENT MAGISTRATE'S COURT

'•;: :-'' ■'- ... '■Mfaji&t&iz'x^^:':"■ (Before H/Kenrick, Esq 3-M) . ■ : "-'\-'\.~.. :■•. ''; assault.; ■'\ '■ .;,:'";:;'-;:; Epeipa, a native woman, was charged ■with assaulting Mrs Morris, living at -Parawai, on Tuesday last. Mr Lush prosecuted, and' Mr Miller appeared for the defendant. Mrs "Morris deposed that on Tuesday morning last defendant went into her bouse and called her a thief, swore at her, and Btruck her across.the back with a piece of wood. The defendant accused witness of stealing palings bffthe fence of the Bunanga House, and threatened to kill her with an axe. Defendant was quite sober, but was very excited, and acted like a Maori doing a war dance. "-Cross-examined".by Mr: Miller: Did not know that palings had been removed from the fence spoken of until the defendant told her so. Was not aware that her boys had removed the palings referred to. Cornelius Morris, husband of the last witness, swore that on the .'morning of the ; assault he: was going to work, and saw some palings lying in the gutter outside the Bunanga House, and picked two up and threw them into the natives paddock, so that they might be nailed on again. The larrikins were in the habit of pulling palings off the fences along the roads in [that district; is >: ',-'.■ '■■■. -..■- \'y\ -" : : Hi' k ; A boy nine years old, son of the plain tiff, said Fie saw defendant go into his house ;on Tuesday last,; call his mother names, strike her with a piece of wood, and then pick up an axe, and threaten "to kill her. :' .: '/ ■'■ i>;-:';.VVi ::.;'"' ■ v '---'" Epeipa, the defendant (sworn), stated that on Tuesday morning she and Batnata were in Taipari's paddock on the hill, and saw Mrs Morris breaking down the feDce in question, and she, with Ramata, ran down towards plaintiff, who, seeing them approaching her, threw down the palings and went into her own house. Saw the little boy outside the house. Mrs Morris came out, when defendant challenged her with 'breaking the fence, but she denied it, picked up a potato hoe, and ordered defendant to leare her premises. Saw Mrs Morris break only one paling off-. There were four nails in each paling,: acd she distinctly saw Mrs Morris pull one off. Did not see any axe about the place. ' Hamata, another* native .woman, gave corroborative evidence. Cornelius Morris, recalled, said the only potato hoe he possessed was one without a handle, hanging up in a shed. He had a largo heavy road scraper, which it took him all his. time and strength to •use. I.' '." . ■.'■;:'' ■'■ ■'■'..■■■■: .'•''■;■'■ ;'- • . •■■"'■■'.■".' The B. nch said; one side or the other was telling untruths, there was some discrepancy between the evidence of Epeipa and Ramata,and..'the balance of evidence wi»s in -favor- "of the prosecution. Doubtless Epeipa thought she saw Mrs Morris lake the palings, and under the inifluence^of strong excitement had committed the assault. ''■'/ ■ lit Lush said the prpsecutrix was unwilling to press for a severe penalty; as the parties had always been on friendly terms, and his client only asked protection. r The Bench ordered Epeipa to enterih' to her own recognisance to keep the peace for three months, and pay costs £1 13s.