UNKNOWN

Wairarapa Daily Times, Volume XV, Issue 4700, 20 April 1894, Page 3

UNKNOWN

Alleged Assaults.

At the Mastdrton B.M, Court this morning before MrT. Ilutohison B.M. two natives named Jimmy Te Whaka and Geoige Jma were charged with unlawfully heating, Wuunding, and ill treating on February 23rd, at Te Wbiti, Frederick Moorhouso, an officer tinder tW Fisheries Consei'. vation Aot,in the execution of his duty,

Mr Beard appeared for tho complaint, Mr Powtall for defendants who plended not guilty.

The court was crowded and muoh interest appeared to be Ijtken in the case.

Mr W. lorns aoted as interpreter. Mr Heard explained that it was the duty ot Mr Moorhouso to travel about, the country to see that tho provision of tbo Fisheries Act were carried out. On the 28rd Fib, dt Te Whiti complainant saw the two ao-

cused fishing in tho Ruamahungawith nets,Goingdowutotheplacewhore they were, he informed them who he wjs, and asked for the nets to be delivered to him. In consequence of this the alleged assault was committed. The object of the information was to show the Maoris that they most not inter* fere with duly qualified officers in the execution of their duties. Fred Moorhouse deposed that lie came up to the Wairarapa on Feb, 28rd, and went to Mr Gordon's house daw natives in the ituairiahunga, fi.-h----iog with a net. Called out to tbetn to stop, and told the natives who lie was. lie caught held of tho net, both the natives and witness pulled, and the natives pulled him into the river, but eventually the witness got the net, (Jaine, down to where his bugpy stood, but the accused Jana came up before tho witness got to his trap, and seized tltt) net saying, •' That is my net," Witness told him that he was theßanper.and he wouldnot give it up. Witness ihcn pushed Te Whaka aside who also had come up, and the lattor fell down. Jana then seized witness round the throat, and tried to throw him. Te Whaka meanwhile hitting witness on the head, the back and legs with the pole of the net. Jana also struck him two or three times with hisfist. Witness then got up and knocked To Whaka down, Up till then he had not struck the natives, Jana took the net and hit him. Te Whaka got np and hit witpe&s under the chin, throwing him into the river. Accused then walked away with the ' net.

Cross-examined by Mr Pownnll: Witness was quite unknown to natives, Had no badge. Told both the accused ihat he was the Ranger, There were other natives and a man named Gordon who witnessed the affair. Never said on a subsequent occasion that bo had not time to explain that he was the Ranger, The natiyes had no fish, They might have been fishing for eanunga. He yuohed Te Whuka down on the stones. Taking the net commenced the fray, Did not mean to push him down. Jam was in his shirt, Witness did not tread on Jana's toes, Was pulled l into the river. " Did you not push the natives, Mr Moorhomo" ?—No. Mr Pownall submittod Mr Moothouse' hod no right to interfere as ue had done, and did net know the provisions of the Act ho was supposed to to carrying out. His Worship pointed that Ibis was not relevant and had nothing to do with the question of assault.'

Mr Fownall continuing said that the natives were fishing for canungas, and Mr Moorbouse had been the provocator and aggressor. The two accused were brothurs and Te Whaka seeing J ana attacked went to bis rescue.

In reply to Hie Worship Mr Pownall admitted that if the natives were fishing unlawfully the Banker had the 1 right to seize the net, Jana had commilted no assault.

Te Whaka said his biolbor was fisbiog'for eanungas and wanted them lor food. Witness was sitting on horseback. Saw Moorhouse push his brother into the water, and take the net. Did not know Moorhouse nor why he was taking the net. Asked Moorhouse to give him the net, but got no reply. Moorhouse did not say he was the Ranger. When the tug-! of-war took place with the net Mr Moorbouso got angry and itruck him a back-hander on the forehead. No blows had ken (truck before that, Wheu Jlr Moorhouse came down with Constable May witness asked why he did not tell him that he was the Ranger/' Moorhouse replied that he had not time, Cross-examined by Mr Beard:

Witness explained that he did not know English very well. TIIO police told him what a Ranger was, Julia did not assault Moorhouse. Witness, continuing, denied the BBsault and considered that Mr Moorhouse was the Qggreß3or. His Worship pointed out that the information was lodged in Welling ton id March and it bad not appealed in Maaterion until a month had elapsed, Witness in answer to His Worship said the net belonged to his brother, and he hud been in the habit of fishing for PQUungus every year. .Peter Gordon called, said he lived at Te Wliiti. Mr Moorhouse called at tho house in February and vitnesi guided him to the place where some natives were. Sawpartof the struggle ' between the natives and Banger already related. Moorehouse struck one )f the accused on the top of (he head. Blows followed from the satires, | tv'jo then walked awiy. Cross examined; Wis threequirters )[ a cliaiu away when the struggle occurred, but saw pretty clearly what occurred, Jana, who also gave evidence corroborated the statements made by the other accused, [Left Sitting.]