ALEXANDRA R.M COURT.

Waikato Times, Volume XI, Issue 885, 23 February 1878, Page 2

A LEX AND R A R. M COU RT.

February 21, 1878. Before Major M dr, R. \l,

(From our own Correspondent.)

I Hauri Waka, alias SSaraa — a Maori -was charged, with stealing a chesnut mare, the property of Mr H. T. Sibley. Sergeaut McGovern conducted I the prosecution. Henry Thomas Sibley, sworn, de- ! posed : t am a storekeeper, residing at Te Awamutu. I remember the 25Ui July, 18?6. I bought a horse from tivo natives. At the time of ourchase, Mr John Simpson was present. I paid them £3 for the mare, which hud a sore back, but was otherwise m good condition, i. got a receipt ftoni 'he natives who sold me the horse. In iWay, 1877, I lost the horse, and sent the receipt to Joseph Turner, to endeavor to recover the horse, or identify the parties who sold me the horse by their signatures. I offered eitner 20s or 30s reward. I am not certain wnether this reward was for the recovery of the animal, or for the identification of those who had stolen it. I have never since seen the natives who sold me the horse, and I have not seen the mare from May, 1877, to 16th February, 1878, wheu I saw the mare tied to my fence m the back-yard. Mr McM inemiu told me he had borrowed it from a native. On hearing that, I sent my boy for Constable Gillies. I then went m company with bun and Mr McManemin to the Mangapiko Bush, where we saw the prisoner m Mr McManemin's whare. I knew the prisoner from the description I had received of him. We sent for Mr Baker, who understands the Maori language, and, while awaiting his arrival, prisoner, suddenly, rushed to the door, pushed us aside, aud ran inio the bush, near the house. We had not spoken to the prisoner, and hud been waiting about a quarter of an hour or twenty minutes. Prior lo thus, two natives, who had followed us from Te Awamutu, went to the window, anri oue of them spoke a few words. x could not understand what was said. We pursued the prisoner, Constable Gijjics being considerably ahead of me. He overtook the prisoner m the bush. When I came up, Constable Gillies was down ou the ground, and the prisoner on top of nim. I assisted m the arrest. Tue chesnut mare ou^ide is the one m questi >v, and my property. The brand S on the oif auonlder is my brand. I value Llie mare at £10. Prisoner declined to ex mine this witness. John Simpson, sworo, deposed^: I am a brick i aver, residing at Hamilton. 1 remember baing employed at Mr Sibiey's ou 25d\ July, 1876 ; also, remember two Maoris calling to sell a mare. I had never seen them before, and I have noc seen them siuce Mr Siotey bought the mare. [vVituess described the animal] Since that time, I have not seen the mare until this morning. The mare outside is the same mare, but m much better condition. I was present at the purchase, and saw the receipt handed over. I am not acquainted with tue prisoner. | To the prisoner : I cannot say thtt you were one uf those who sold the mare- I could not now recoguise them if I saw them, Wm Bonar McMineman, sworn, deposed : lama laborer, residing at Maugapiko. The prisouer, with five other natives, arrived at my place on Saturday last, the 16th instant, and they asked for employment. I gave work to five out of the sat. The prisoner was one of thenr had to go to Te Awamutu for spades, as they bad none with then, and the prisoner lent me the mire to ride on. When I arrived at Te Awamutu I put the mare m Sibley's yard. Shortly afterwards Gillies came to me, and asked me where was the native from vhom I obtained the mare. I tolc him he was at my house, and wood m all probability wait there uitil I returned. From the desciption of him I give the constable ie was of opiuion the native was ranted on other charges. W i tness give similar evidence as previous witnesses us to the bolting of prisioier End his recapture. Kobert James Gillies, police constable, stated, when sent for, and going to Mr Sibieys, I saw Mr T. Baker, who intbr ne ' me ! le horse iosi by Sibhj/ *'as now m Sl ley's yard, ridde' ii '■> a man nam-d MqManeujiii. He a. so stated that hie native from wh >vi Mci\»nemiq obtained the horse was waited for other r.'b'ieries committed seme lime ago. 1 th.-n sa.v McManen n, >vlio .ita ed i hat he ha i the .on if tho horse irom a n-itive t> die m on Dv iuess. From his d.-scn-ition of the 'latiya J oelieye h.- w-tj wan t-d on a warrant, issue I at Aexaudra. VVituess descried g>io~ out to i>iciVlt{.nefnius, and the b rtng of the prisoner as de ail ml by the other witnesses, an- 1 sail, we .iad a desrarate struggle, an! only for th assistance ot" oibley I believe' tl;e rwon-T w.m'd have escaped. When I game up w.th him, prisoner was armed with a thick ms& of.

wood about three feat long, i took possession of mare, and brought the prisoner to Alexandra the same evening. Prisoner declined to question the witness, and Sergeant MeG >veru intimated this closed the case tor the prosecution. Prisoner, after being duly cautioned by the Court, m his detente stated, I went and saw Atoma, and said, give me your horse to thresh my wheat. Atoraa said, how thrsh it. I said, with the machine. He gave me the horse, I took it to Kopua, and gave it to Tangi Haere (J. Thompson) to get shoes on it, as he said he would do so. I afterwards took it away, and went to look for work. I went to the pakehas at Mangapiko, who gave me work- He had to go to Te Awamutu for spades, and two other natives went wi(h him. He returned with two ooher pakehas, one of them stood m the doorway, aud told me to sit down, then my friend came to the window and pointed out how the pakehas were acting, and I knew they came to catch me, then i rau out and the policeman after me. I stood when he was closing on me and threw a stick at him. He rushed at nn, and threw me down to put on the handcuffs. He struck me with them twice. Theu I caught him by the throat ; then the other pakeha (Sibley) came up and laid hold of me, and stabbed me m the neck and the face. They then put on the handcuffs, and took me back to the pakehas house, when a temale gave me aome rag to stop the bleeding of my wounds ; here it is (producing the rag). I was afterwards brought here. Mr Sibley recalled and examined by prosecutor: I had no natives working for me at the time I lost the mare. No one had any authority to take it. Prisoner: As I have said, I received the horse from Atom i ; let Atoma speak for himself ; he is here Atoma ; who stated he was a Christian, sworn, taid, I lost my horse some time before laat year, it was found at the Kotai, by some people residing there (now m Cam), ie Whanatai, Kj Tore, i£o te vVhan, Ko te Hon, aud others who were residing there. I went for 1: and took it away, last Djoe über, Christmas day. Prisoner usiced in< for the horse, for thoir thrashing machine. I said he could hive iv I did not know my horse had beon lost by a European, I only itue.v I had lose 10 for some time. I did uoi know ii. nu( i DOyQ atolju, uutii x,h.-. apprehension of tho prisoner. To cue Cour : The ivor.se has no brauds only a mark on ribs caused by a ki k, and mark on leg caused by a rope chafing. lam a Maori, and do not know the name ot the month I received tue horse. 1 know it was the tiuio that the maize was ripe. Thji-e are no brands on the horse, but the nvu'ks I have stated. The horse was then examined by the Court. Mr Sibley recalled, and examined by Sergeant MoGovern : Wneu i told you m my evidence it was branded with an S, I was positive about the Sat that time. 1 altered my brand, as several others used a similar brand, and I bad lost two iiead of cattle, so 1 altere 1 mine to SIB. I now see it was S L B; I was not positive before only of the S, the B is plain now, the S I is now indistinct. It was uo more distinct m 1877 than now. Tuere was no sore or mars on the horse when I branded it I am certain. I have the brand S I B at home. This closed the case for the prosecution, and the Court adjourned, judgment being reserved until the other charge against the prisoner had been heard. THE ATTACK ON THE CONSTABLE. The same prisoner was charged with assaulting and beating Constable TJobert James Gillies, with Intent Ac. Kobert James Gillies, being sworn (his evidence for a great part was similar to the preceding c.ise), deposed, I was m plain clothes when I went to arrest the prisoner. It was when I went to order off the natives, who were speaking to him through the window the prisoner bolted, I gave chase to him some quarter of an hour or twenty minutes. I was gaining on him. When about seventeen yards distant from him prisoner stopped and faced me, he was then armed with a club about three feet long, and on ray rushing at bim, he struck at my head. The stick struck a branch of a tree, and broke the forse of the blow but the mark of the blow it still o be seen and felt on my head. 1 ran m on him and knocked him down, holding him by the throat, and shouting out to Sibley to come up to j assistance. I tried to handcuff the prisoner, hut found he was to strong tor me to do so, and that 1 could only hold on to him till assistance arrived, Whilst struggling with, the prisoner ne g ot ° U e haud down, and seizsd me with a strong grip m my privates, / (.her loss, all strong: b, and the prisoner seizing me by the throat waschoki ig and striking me, my face was cit, ami the blood fljiving fr ig n\:>. Tuose clothes (produced, shaving blood at»d matks'of having been m a de p rate struggle, are the slothes I had on at the time. I have no doubt pneo *.er w mid have k.lled me bad, not M«' Sibley come to my assisuiuc •, as I was gui- eu noon- cio as. \ Sibley handcuffed the prisoner, and I we returned to McMinemiu's u-my.j, I when 1 had to lie down for some ' time, being to exhausted, too get ou

my horde. I recognised. the prism -r from description as being wantel for „ stealing pigs, on a warrant issued at? Alexandra. The piece of wood i prisouer carried was about hree feet long, aud about the thickness of the rail of the dojk, oaiy not fourcornered, but more triangular .shaped. I lost it on the road, being almost unconscious from pain. lam • suffering yet. All the marks to be seen ou my face now were caused m arresting the prisoner. 1 only used violence necessary to detain hi n. Prisoner asked the witness no questious, but denied having seiz 'd him as described, and also as to the size of the stick. Mr Sibley, sworn, stated : After our arrival at the Mangapiko, and the Native had spoken to him through the winJow, prisoner took off his boots and asked for a smoke. I have every reason to believe tha the two Natives who accompanied us from Te Awamutu knew *mat Gillies was a constable. I heard the struggle m the bush for som.i jime before I arrived on the spot. When t came up prisoner was on the top of Gillies with both h-mds on his throat strangling him. In fact, I thought, at first, he was dead, and that the Maori Wis trying to maiie him a little more so I laid hold of the prisoner by the arm, wh«u he seized me by the beard, and pulled my head right down to the ground. [ told him to let go, or I would cut his throit, at the same time pricking him m the neck with my pocket knife. Gillies was bleeding from the mouth. A little blood was on the native's forehead. Had £ not come up, nothinocould be more certain than that the prisoner would have strangled the constable. Gillies was insensible, aud entirely at the prisoner's mercy. I handcuffed the prisoner, and toou him back to the house. To prisoner : I think you had thp best of the struggle ; both were pretty well spent. The sfcrugg.e took place about five or six chains m the bush. Mr McMinemin, sworn, deposed : There were two natives who eauiJ witn us from Te Awamitu, an I, judging from appearances, I tui ik Ghey KU4W Gillie * was a policeman, The prisoner m his defence si-ated, when I started from the ho use, there was oue of the pakehas insile aud the other outside, tue poiicern-iu ran first, and he ei light me a snort distance iv the bush, and I stood and turew a stick aG him, he was calling ou-, an I \vi came up and knocked me d>^a. he struck meon the uose and under toe ear (you see the m irks), an I on the forehead. I was underneath ; he was striking me with the handcuffs, thou I cried, and caught him by thj throat, then Sibley coma up and stabbed me iv iv« throat with his knife, and cut my hau i m my trying to prevent hi,n doing so. Tbey both held me dowu ; Sibley pulled on the handcuffs. Hid I been ou the top, I should have been glad to have got, away. The female at the house gave me rags to bind my throat (rags produced with blood stains), and the shirt I wore, observe, the dirt is all on the back. Would that have been so if I had been on the top as stated ? That is all. Judgment reserved.