RESIDENT MAGISTRATES' COURT, CAMBRIDGE. Monday.—[Before Major Wilson and Mr E. B. Walker, J.P.]

Waikato Times, Volume XX, Issue 1701, 31 May 1883, Page 2

RESIDENT MAGISTRATES ' COURT, CAMBRIDGE. Monday.— [Before Major Wilson and Mr E. B. Walker, J.P.]

Wiremu Paoka was charged with stealing one brown felt hat, the property of James Laney, at Cambridge, on the 23rd hist. Constable Brennan desired that the case, though an indictable offence, should be dealt with summarily. The defendant was also charged with assaulting the prosecutor, and with the destruction of a waistcoat, prosecutor's property, at the same time and place. Mr Keesing, for the defendant, pleaded not guilty to the three charges. The bench decided to hear the cases separately. James Laney, market gardener, Cambridge, deposed ; I know the accused. On the 23rd inst. I purchased some provisions, and had them on my Lack, under the verandah of the National Hotel. The accused came oat of the hotel full against me, and nearly knocked me down. Accused endeavoured to grapple with me, and I stepped back to avoid him, and fell backwards into a hole ; as soon as I was down accused knelt on me with both knees, and bpgan to beat me about the head. I caught his hand to prevent his striking me. He wrenched his hand away, and got up off me. He tore off my waistcoat. There was a fancy pipe and some silver in the part that was torn off and taken away. I got up and looked for a stick I had in my hand at the time of the assault, and made a blow at him with the stick. I don't believe I hit him. or ho would have been marked. He took the stick from me, and closer? with me ; I slipped on the verandah, and he knelt on me, and beat me about the head again. I caught his hand again, and he got up and went away. I looked for my hat and could not find it, and went down the street to Hewitt's Hotel, where I saw the accused with my hat on his head. I then gave him in charge. The hat produced is the one that was taken from me. I value the hat at 3s. To Mr Keesing : I have told the court all that happened. I don't remember kicking the accused. My knee touched him when he pushed against me. I did not kick him, my knee touched him, and I suppose that was the cause of the assault. It was quite dark at the time of the assault, about a quarter past six. I believe 1 did not hit him with the stick, or I should have left a mark on his face. My waistcoat was torn in the struggle. I swear I saw accused with my hat on his head. I don't know how he came by it. The waistcoat is in court. I said nothing to accused when I found my hat on his head, but simply gave him in charge. I did not hear him say anything to the constable when I gave him in charge. I don't understand any Maori but knpai. I could not help my knee coming against accused. To Constable Brennan : There was no one present when the assault was committed ; after the accused went away some people came up. I reported the occurrence to the police about a quarter of an hour afterwards. To the bench : I believe accused was drunk. I was sober. It was so dark at the time of the assault that I could not say whether the accused had any hat on or not. Coustable Brennau deposed that on the night of the 23rd Laney leported the him, and in consequence of his statement, took the nati'-e who was wearing the prosecutor's hat into custody. To the bench : Accused at first said the hat was his, but afterwards said it was not his. Accused smelt of beer, but knew what he was about. Laney was perfectly sober. Accused had only one hat. The torn part of the waistcoat could not be found. For the defence, Mr Keesing called Panapa, who deposed to finding accused's hat on the National Hotel verandah, and taking it to his whare, gave it to his wife. Accused when he saw it said that it was his hat, and that the one in court had been put on his head by some youngster. Cross-examined by Constable Brennan : Found the hat near the verandah at the end near Carter's stables. Picked up the hat about 7 p.m. on Fiiday. ,Witness was asked if it was not strange that the hat should have lain wheie he found it for two nights, and without presenting any appearance of damage by Avcathcr. Was positive that he found the hat, could not be positive about the night. He found the hat the night Paora was arrested. The case was dismissed. The assault case between the same parties was next taken. The evidence for the prosecution was next taken. The evidence for the prosecution was the same as in the last case. For the defence, Mr Keesing called the accuse 1, who deposed to knowing prosecutor, and remembered what took place on the night of the 23rd inst. Had been playing billiards ; as I came out saw prosecutor iv the doorway. When I got outside prosecutor kicked me behind. I had gh en no provocation. I felt a pain from his kick, but was going on, when I heard him use bad language. He told me to go to h , I turned round and tried to speak with him, and patted him in a friendly way. Did not then know lie was deaf. He shoved me back. I said to him this road (the doorway) is not for you alone, but for everyone. I pushed him as he had pushed me, and pushed him down. Prosecutoi 's stick did not touch me. Prosecutor struck me over the eye and on the cheek. Neither blow pained me much. Prosecutor hit me behind the ear, which hurt me, I then got angry. To Constable Brennan : I did not kneel on prosecutor. I did not tear his wai&tcoat. This ease was also dismissed, together with the third case, whicli rested on similar testimony.