MAGISTRATE'S COURT, TE AWAMUTU.

Waikato Argus, Volume IV, Issue 240, 27 January 1898, Page 2

MAGISTRATE'S COURT, TE AWAMUTU.

Yesterday—(Before Captain Jackson, S.M). Police v. Abbns and Rora Kahui. This was an information laid by Constable Carroll, of Kihikihi, against two natives for stealing 587 rabbit Ekins, the property of the New Zealand Government. Accused pleaded not guilty Constable Carroll conducted on behalf of the police, and the accused conducted their own defence. Constable Carroll stated that on the usual monthly rabbit day in Kibikihl the accused Kahui was found by Inspector Clifton hiding in the loft of the rabbit skin department. She stated that she had been sent there by Abens to bag the skins and hide them in the corner when the Inspectors went to dinner. The first witness called was Edmund Cliftbn, Stock Inspector in charge of the Auckland district, who deposed : I come to Kihikihi every four weeks along with Inspector Ross tor the purpose of purchasing rabbit skins from the natives at the rate of threepence per skin. We commenced purchasing about 9 a.m We went to dinner a few minutes after 12 o'clock. Rabbit Inspector Kerr and Geo. Rigg were also p:esent. We all left the store. As f-ir as I knew there was no one inside of the building. We returned about 1.15. Wc finished buying about 2.30 p.m. At that time, in consequence of information, I went up into a loft of this building and pushed up the trapdoor, which was without hinges, and appeared weighted down. On the floor near the ladder I found a p'ece of rail which lay on the trapdoor, and a'so a bag which contained rabbit skins. On looking around the building I saw a person on the floor of the loft. I went downstairs and called Constable Carroll and returned with him. Then I saw a woman, who gave her name as Rora. I asked her what she was doing there. She replied in English that Harry Abens, the other accused, had sent her there to take rabbit skins while we were away at dinner. She said Harry had put her there for that purpose and hid opened the door of the rabbit house with a key. The constable had then brought in the bag to where wc were in the loft. ■ Rora said that was the bag; she took them when we were at dinner. The bag produced is the one. We opened the bag and I found that they formed a portion of the skins that I had purchased that morning. I know that, as they had been heavily sprinkled with carbolio powder. I saw some of the powder on the skins. She made a statement which was interpreted by Mr Grace, interpreter. She said when she came into Kihikihi in the morning Abens asked her to go up into the lott to take the.-e skins while we were away at dinner, and that having done so they would sell the skins and share the proceeds between them. That Abens opened the door with the key early that morning, and went into the room v ith her. He told her to hide the bag behiud some sacks of wheat in the room, That she became too frightened and took the sack upstaiis with her. The loft is never used by the department. I was present when accused Abens was arrested on this charge. He said in the presence of Mr Grace and the female that Rora had come into Kihikihi on the preceding day, and said that she would return on the following . day and take some skios. Abens said to the woman he was nervous about such work. She returned next morning and came into his room. He said she was late, the day was advanced. She said it waß all right. He said, don't forget your drink. She took the drink and the key of the room with her from the table in the room. He dressed and followed her, She was then disappearing abound the corner of the rabbit-house. He pushed the door open and asked her to return him the bottle. She was then going up the ladder leading to the loft. He returned to his room and lay down. I saw the rabbit skins counted out of the bag in question ; there were 507 skins, valued at £7 6s 9d ; they were the property of the Government of New Zealand. I gave nobody leave to touch them. We had the key of the building (key produced) in our possession till late in the evening, when I gave it to Constablo Carroll. To the Bench : I know .Abens' room. It is in a detached building, Mr Anderson owns the building. We have permission from him to occupy it ou rabbit days. Wc count the skins in the first instance, pay for them and then burn them all. This custom of burning the skins has prevailed two months. Thomas Anderson, farmer, residing at Kihikihi, deposed : ( own the property on which the rabbit house is situated. The Stock Department use the building every four weeks for the purpose of purchasing skins from the natives. The accused Abens is also entitled to use the building for keeping anything in. I give him the key when ever he asks for it. I remember Abens asking me for the key on 11th January. I gave it to him and asked him to return it the same evening. He did not return it that evening. There was no Government property in the building at that time. When the Inspectors require the key it is handed to them by myself or Mrs Andeisou. The key produced is the one in question, and also opens my bar door. Elizabeth Anderson, wife of the last witness, corroborated his evidence. George Rigg, farmer, residing at Kihikihi, deposed : I assist the Stock Inspector on rabbit days in the purchase of rabbit skins at Kihikihi, and remember Wednesday, 12th January. It is part of my duty to prepare a room in a building used for the purchase of ekins. I went there about 8.15 a.m. and opened the door with a key. I found the door lo3ked. The key produced, to the best of my knowledge, is the key of the door of the rabbit room. The key opens two doors, the bar and the rabbit door. William Mclvor, fatm labourer, of Kihikihi, deposed : I know bosh the accused. I saw Abens walking about the yard at Mr Anderson's about six o'clock on the morning of the 12th. I saw him again between eight and nine o'clock a.m. He was about two yards from the back of the rabbit buildinp, stooping down as if looking for some thing. He was talking Maori to a Maori woman She was answering him. He said he was talking to a woman on the other side of the building. I went around but saw no one there. He went one way and I the other. I have known both the accused for about two years. By Abens: I knew the voice to be that of Rora Kahui. I walked around the building, but saw no one besides you and had no idea anyone was in the building. I thought the voice fame out of a small outhouse. Constable Jones deposed: On 12th iust. I went to the building in Kihikihi where they buy rabbit skins. Both accused, Messrs Clifton, Ross and Grace and Constable Carroll were inside. Constable Carroll arrested accused Rora and also Abens. He corroborated the evidence of Mr Clifton as to the statements made by Rora and Abens when arrested. Continuing he said : The accused were remanded to Auckland. When he was remanded Abens made a statement to the Bench. I took it down in writing. It was as follows :—I charge George Rigg with being mixed up with us in this matter. He has been dissharged before by the Inspector for cheating in the counting of rabbit skins. If there were 100 skins he would call it two hundred, but perhaps, through his persuasive language, he has be:u taken on again, for he is now working for them again. They never detected me in cheating. Rigg told me the best thing I could do was to go into the loft, and when they were all at dinner to come down and take the skius. I said I could not do that. Rora heard tins conversation.

This conversation took place at Ivhikihi on several occasions, bat I would not do it at first. I used to divide with RiggI and Rora found we were gong to get into trouble for another, anil it was, therefore, better to divulge everything. We were vexed that the prime n.over, Rigg, should escape. Constable Carroll gave evidence as to the arrest of the accused and the state roents made by llicm. The accused having been cautioned, Abens declined to «ive evidence, but Rora elected to be sworn, and said that she admitted stealing the skins, but had been instigated to do so by the male prisoner, who unlocked the door and let her into the building. After Rora had given evidence, Abens demanded to be sworn, and said that it was not true that he alone was to blame ; both were equally wrong. Both accused were committed to take their trial at the next sitting of the Supreme Court in Auckland.