ALEXANDRA.

Waikato Times, Volume X, Issue 935, 20 June 1878, Page 2

ALEXANDRA.

RESIDENT MAGISTRATES' COURT. Alexandra., Junk 15, 187(3. (Before W. N. Searancke, Esq., R.M.) Te Reti and Paora v. William Oliver.— Claim £lO for wheat and wrongful detention. Mr Hay appparcd for the defendant, and Mr V. Roberts acted as intcrprefcor. Te Reti, sworn, stated I reside in Alexandra. I know the defendnt. His "Worship: I see here a technical error in the account. There are thirtysix bushels of wheat charged, which by right should only be twenty-six bushels. Hay objected to any alteration in the bill- of particulars, and the case proceeded. , Te Reti: I told Mr Oliver not to purchase the wheat, as it was in dispute. At that time the wheat was not brought down. Paora came down, and complained to me that the wheat Avas being taken away. Paora did all the work connected with the wheat—that is, he reaped and threshed it. When the wheat was brought down I again warned Oliver not to purchase it, as it would cause trouble. I spoke to my mother aud Paora, Avho came down and saw the wheat at the lauding place. They saw Oliver Aveigbing the . Avhcat. Then Paora t a-ne and told me —-(Evidence objected to by Council). Reti: Then I have done. My turn will come again. Mr Hay: Instruct Avltnc3s to speak UO rT* } hope nut to see him again. To Reli: The wheat is mine; hence my summonsing Mr Oliver. Cross-examined by Mr Hay : My wife and mother have a claim on the wheat, but no one else. By the Court: Raugihokaia sold the Avhcat to Mr Oliver on his own authority. Ho brought it doAvn aud sold it. I' hoar brought doAvn. I did not sec it (Evideuco objected to). Te Reli: I Avas present Avhile the latter portion of the wheat was beiug weighed.

Mr Oliver would not listen me, and Raiigiliokaia Avas jumping about and flourishing his tomahawk. Mr Hay objected to wituoas being allowed to go into elaborate evidence, as i . t J" > 1 ll S llt *»« evidence terminated, in which he would be debarred from crossexamination. , 's° p cmrt Wils oul y anxious to .sift the truth of the matter. A little difference had to be made from the usual custom in the case oi natives.' To Reti: I told Oliver not to weigh the wheat. He replied that I had nothing to do with it—that the wheat belonged to Rangihokaia. Paora (sworn) stated : The reason I appear hero is that I joined To Eoti in taking out a summons against Mr Oliver because he would persist in weighing the wheat after I told him the wheat was mine. I'e Rangihokaia jumped about with his tomahawk, and avo went outside. When fcho wheat was being weighed, I told Oliver not to buy it, as Rangihokaia had no share in it. Mr Oliver continued to weigh it, saying it belonged to Rangihokaia. Cross-examined by air Hay : I was in

.Oliver's store after the trouble, and asked him to give me the inonoy. He refused. I then went to Major Vlair about it, who wrote a letter to Mr Oliver. Next day I again asked him for tho money, when he told me not to trouble him, but settle it amongst ourselves. Kahu, an old native woman, declaring she believed in God, and Avas not afraid of Satan, sAVorn, gave her evidence, Avhich might have been heard had Mr Searaucke sat a mile off,.as follows: I reside at Whakairio. On account of this trouble I have been brought here. The wheat in dispute belongs to me and my children. We brought tho seed from Te Kuiti, and Rangihokaia planted it. I did not agree to it, but he did so without our

consent. lam an orphan and a Avidow. Paora reaped, and llaugi Avcut for a machine to thresh it. I gave two sacks to Walter, who ploughed, and one bag to Rangihokaia (here the witness enquired if tho Court had any objection to her having a Avhiff of her pipe, which Avas not ailoAved). When the wheat' Avas threshed, Puangi divided it into three portions—three bags, and three bags, aud one bag. I objected. I felt so grieved that I came down to see my child (Te Riti) about it. I saw the Avhoat arrive here, and heard the quarrell about it. The Avheat belongs to me and my children. I authorized Te Reti to commence this action. Ruateatea Avas called to give evidence as to OAvnership of land, but the Court declined to take his eAddence. Mr Hay said : 'ibis action, brought by | the plaintiffs, Avas open to an objection that must be fatal to th-3 case ; Ist, that Paora Avas not shown in any way ad being one of the owners. He had nothing to do

with it, and only assisted in the reaping. The law of misjoinder, and more strongly that oil non-joinder was applicable in the present case. The widow Kami was poved to be the owner of the wheat, and should have brought the action. The Court adjourned one hour for consideration ; and on the reassembling of the Court his Worship said the objektion taken by the learned Cauunil was fatal to the case. He must give the Plaintiffs a nonsuit, with costs £o Is. Oliver v. Te Kiti.—Claim £lO 3s for goods. The sum of £2 3s was paid into Court. Mr Hay appearo t for the defendant. Judgment confers xl for £B, which was accepted by plaintiffs, with costs £1 lon.