RESIDENT MAGISTRATE'S COURT, CAMBRIDGE.

Waikato Times, Volume XIX, Issue 1630, 14 December 1882, Page 3

RESID ENT MA GIS TRA TE'S COURT, CAMBRIDGE.

+ Tuesday.— (Before Mr H. W. Northcroft, R.M., and Messrs T. Wells, R. H. D. Ferguason, and E. Maclean, J.P.)

The Ejection of Ngatikawhata from Pukekura. This case, of which so much lias been said of late, came on for lieaiing at the B.M, Court, Cambridge, on Tuesday last, when a special court had been arranged. Thirty-three accused stood up to the reacting of the information. The informa- j tion charged X B. Walker, Tliornton Waller, Charles Walker, George Gear, John Tyson, Edward Tripp, and Manefred Scott, William H. Grace, Robert Cashell, A. B. Stubbing, Malcolm .Stub- ! bing, Charles Hitclunan, Thomas Jones, John Grice, Frederick Hoff, Win. Bowman, Robt. Burns, Thomas Johns, David Johns, James Riley, Geo. Rigg, Win. Parke, Edward Jones, Matthew Corcoran, Patiick Corcoran, Charles Den ton, Case, Richard Mitchell, Thomas Mooncy, Robt. Murdock, Ben Wood, James Holwell, James Turnhull, for that they, on Friday, 17th November, at Mang.ipiko native settlement, on the Pukekura Block, forcibly and with strong hand, did enter into certain fenced and cultivated lauds on the said block, the freehold property ot the informants, and ol which the infonnauts were then seized in their demesne as ot fee as tenants in common with other persons, and which was in their peaceable possession, and the said informants, from the peaceable possession of the said fenced and cultivated lauds, with the appurtenances thereto belonging, fotcibly, and with strong hand, unlaw hilly did expel, and put out contrary to law." Ani Whata and Hori Puou are the informants. Mr Macgreijor Hay appeared for the informants, and Mr X Hcbketh, instructed by Mr H. W. Dyer, for the accused. Mr Hay in opening the case for the informants asked that two of the justices, Mr Maclean and Mr lA;i $*uhson, should ictire Horn the bench. Doubtless boine of them would lecollect that a short time ago it was reported in tlie papu ■> that Mr Fer«usson was engaged with nati\ es on an adjoining block, and (stood in a position something .similar to that in which Mr Walker was at present .standing. lleb(»he\od Mr Feigiibson at the time retcirod to succeeded by an actual demonstntion of toicc in ejecting the natives from some lauds ovei which he asserted a title. It Mas theicfore but fair to tlie gentlemen themselves, as well as all othcio concerned that they should retire fio;n the Bench. — The Chairman did notice n\li\ tlie request should be acceded to, .is Mi Wi'Haud hintselt weie on the Bench, and i! sum' cieut evidence came betoie them to TUbtify thorn in sending the uisc to Auckland they would do so, Mr Hay then pioeeedul to open Ins case. Tlies 1 : olleuccs ot luiubU 1 entry they wore doubtless aware, liad been committed from time to time in New Zealand by pn.son.s oi high st.uul ing. lie would instance tlio )\uih;tLi laid, in relation to which hi; belicwd Mi Bryce ha.l beei\ guilty of yiuat im-.de-incauour, and one puni.shalile by tin; eoiumon law of the land. — Mi Heiketn objected to Mr Hay taking up the time of the Court with a discourse on the l\inhaka raid and Mr Bryce, to which Mr Hay replied he would ilhibtiate his case in whatever way he pleased . He proceeded. The facts of. the case weie. that for some time pas>t disputes and difficulties had amen over sevci al blocks of land, through the natives having assorted a title of honitfuh' right, w Inch had been locogui&ed in some instances by law. .Shortly before the 17 th November, a notice bearing the name of E. B. Walker was posted on the door of one of the native whares at Mangapiko, giving the natives to the end of November to clear out. But what happens ? On the 17th, Mr Walker arrived on the block with one contingent of men, and was met there by Mr Gnce with another contingent. All were move or less armed with various kinds of articles, including spades, axes and firearms. They entered on the native cultivations destroying them, and some of prosecutors' witnesses were pulled about, and assaulted in a most inhuman manner, and in one instance blood was drawn. - They then proceeded to another cultivation and destroyed that. They subsequently pro- , -^ceeded to the houses, and there a scene \ occurred which was simply disgraceful. Te Whata, who was praying at the time these men entered the whare, was thrust out of it. Mr Hay then proceeded to quote a number of authorities to show what really .constituted forcible entry and a, breach, of the peace. The natives, he proceeded, had Mr Walker taken,, his proper course, and put a bailiff on the laud, would not have objected to, nor in any ,way obstructed the execution of the law. But this was not done, as no judgment had ever been obtained against them hi a court of law. ' 'He would novy call evidence. '• ' T. (t. Sandea, surveyor, deposed te having drawn the map before the court, which was a map of the neighbourhood ol Mangapiko.' Made the 'sketch of the plrtce on the last Sfafarday of ifovembei*, the natives accompauyiiig him and pointnig out places. l! , ' ( s Hone Puau'was 'a' resilient at Manga piko, and a member bf the Ngatika'wnatc tribe.' 11 ''The Pukekura bfeloVgs to himsel and Ani Whata. Had lived, pn -the' !&*« for fiS'e*yea&, ! 'having 'come thtire in Sep tember, 187& MS^g£^timWMf% eveF^mnce. His residence, had daring tlfattfoe been:d'istn^bed ] l?y; .'Mrl'.Wi^lKe] t\v§, yew 4 M&K b e '^p* *k ere py Ml Walker partly erecting a fenced Writ kauk»Wi-j»pou yjbwWtbflfqww ;had^be«

erected> belonged to hini iFitot saw the printed notice produced in Mr Hay's office. First time he saw , the other notice, also produced, was after the whares were destroyed; - Saw Mr E. B. Walker on the* 17th .< November. He came to his '(witness's) house and had a gun 'with him. There were several other people with him, and all were on horseback. Charles ,aud Thornton Walker had also guns. The guns were of the kind used for shooting cattle. He asked Mr Walker if they were carrying the j guns to shoot him. Witness then ideuti- ' lied a number of the accused as bein^ present. He was unable to identify them all, owing to some of them having been engaged pulling down the whares, and others taking away the women ; consequently their faces were turned away. Mr Walker went with his followers to a fence of witness's and pulled it; down. When they went to the cultivations Mr Walker, setir., was holding one of the native women. The men were vising axes and bpaclus, and destroying the tence3. He (witness) was standing still, ami the women were taking the axes away from the men. In the struggle some of the women had their clothes torn. Ani Whata was attempting to tako a spade fiway from a European, when she received a wound from the spade, which was inllietcd by Charles Walker. The wound was inflicted intentionally. Mere Whakatuhia's clothes were all destroyed except her chemise. Another woman was thrown into the plantation by one of Mr Walker's men. Did not see this happen himself, as he had gone to his house, which bad been burnt. Six Europeans burned his whare, but he did not see them do it. Saw the clothes torn oil" the women. The Com I was then adjourned till 10 o'clock on Thursday. Accused bc-mg admitted to bail.