RESIDENT MAGISTRATE'S COURT.

Waikato Times, Volume XXIII, Issue 1940, 11 December 1884, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday.— (Before Mr H. W. North croft, R.M., and Mr John Knox, J.P.) ODSfHUCriNG A SUHVEV. Hbpata, a native chief residing at Whaingaroa, was charged with having on the 27th nit., unlawfully obstructed Mr Hazard, a Government surveyor, in the performance of his duty. Mr Hudson Williamson, Crown Prosecutor, appeared for the Crown, and accused, who was undefended, pleaded not guilty. Mr Williamson briefly detailed the circumstances of the case, and called Mr Hazard, who deposed that ho was employed by the Survey Department to lay ofF a road line between Waitetuna and Whaingaroa, being a portion of the main road from Huntly to Raglan. Had occasion to take the road through the land in the occupation of the accused, but did ni>t go through any cultivations nor interforo with any whares. On the 27th ult., accu-erl came on to theerround and told witness that he would have to take the line another way, and on witness refusing he set fire to tin* fern to destroy the lines, pulled up sevei .il poles and pegs, and endeavoured to upsot the theodolite. He also challenged witness to fight. As accused would not let him proceed, witness communicated with the Assistant Surveyor-General, who authorised him to institute these proceedings. He went with the constable when the ! summons was served, and defendant said he would obey it. On Monday last, defendant asked witness. whether, providing all the costs were paid, the charge would be withdrawn. Witness advised him to communicate with the survey office. Cross-examined by defendant : You asked me to take the line round the side of the whares and cultivation. Did not see any person pulling up the pegs inside the enclosure. Saw a woman pulling them up on the hill. You showed me a letter from Mr Percy Smith saying the lines were not to be taken through the cultivations. I did not agree to turn the line in the diicei tion you indicated. Re-examined : The line did not go through any cultivation. It went thiou-jfh what had been a cultivation, but the fences were broken down. There was no crop of any kind there, as defendant wanted to make a cultivation in the hill. J3y the court : The road did not interfere with any whares or cultivations. Colin Mclnnes, one of Mr Hazai Ts 1 party, saw the defendant on the 27th November, near the Ohautira liver, where fie party were working Defendant a^ked Mr Hazard what he was doing, and what the road was for, and then he went and set hie to the fern and pulled up a pole. Witness stood by the theodolite to see that it was not burned, while Mr Hazard replaced tho polo. Defendant then tiied to up-.et the theodolite, but was prevented by Mr Hazard, defendant pre\ented Mr Haz.ud setting up the instrument again. He obstructed every attempt to put it up, and finally they had to pack up the theodolite and go away. Thero were no cultivation near, but the road went through an oIJ deserted cultivation, a few chains away from where the altercation took place. Defendant appealed to be very angry. Cross-examined : The theodolite would have fallen if nobody had caught it. This closed the case for the prosecution. Defendant made a statement to the effect that on the 11th August, Mr Hazard was staying at defendant's settlement. Towards the end of the month, he went away and when they next saw him they found he had taken the road through the fence of their cultivation. He warned Mr Hazard that the line was in the wrong place as they had Mr Pcicy Smith's woid that the lines were not to be taken through enclosuies, unless the fences were broken down. He a-bked Mr Hazard to take the load round the cultivation. Ho did not object to roads ; he liked them. Mr Hazaid paid no atten ion to what ho .said but went on with the work. He called, Wiremn Huirama, a native residing at Whaingaroa, who corroborated on oath tho statement of defendant. They told Mr Ha/.ard that it was their intention to plant the enclosure with potatoes. In cross elimination witnn&s admitted that the alternative line proposed by Hepat.i would have been much longer, and would involve a considerable amount of cutting. It was the intention of the natives to plant the enclosure this year. It was planted last year, though there was nothing in it at the time. He would not swear that the whare neatest the road lino was within a chain of it. Mr Hazard recalled said the alternative line would pass tlnougli the land of another native , and would go part of the \yay through a potato field. Witness pointed this out to Hepata. who said it did not matter so long as it did not go through his land. Accused called one other witness, but his testimony agreed word for word with the other. The Resident Magistrate said the court had come to the conclusion that the offence luid been clearly proved. The crime was a \ cry serious one, inasmuch as the defendant was a Government pensioner, and should h.n c assisted, lather than obati noted the officers of the Government. The land through which tho road was being taken had been confiscated by the Government and given back to the natives on the distinct undei standing that where necessary roads should bo made. If tho natives had been wronged, the proper course to pursue was to appeal to the authorities, instead of which defendant had taken the law into his own hands. Tho natives know that the Assistant Surveyor-Genet al was a just man, and they ought to have communicated with him. He warned the defendant and his friends that tho Government would not put up with any obstruction to the surveys. It was a fortunate thing for them that the party in the present case was a small one, otherwi.se the costs would have been heavy. Defendant would be fined £10, with costs £1.") 14s 2d. On the application of defendant, ha was allowed two months in which to pay the fine and cot-ts. CKUKLTY TO A HOUSE. George Mason pleaded guilty to leaving a horse standing in a dray in Victoriastreet all day on Saturday. Sergt. McGovern said the case was a very flagrant one. The weather was very rough on Saturday, and the unfortunate horse was left standing in the open from !) o'clock in the morning until about 8 o'clock at night. The Magistrate said the court would defer judgment for a month to see how defendant behaved himself in the meantime. CIVIL SIDE. R. S. Bkown v. McCurcHEOX. Claim, £2, 10s (id, for board, horse feed, and loose box. Judgment by default for amount claimed, with £1 4s lOd costs. Makia O'Neill v. Wiseman.— Claim, £5, for board, lodging and attendance on a lady (sihter-in-law of an employe" of defendant) during confinement. Mr Dyer for plaintiff and Mr W. M, Hay for defendant. Non-suited, with costs. David Cockhead v. Rvlph Giucie.— Claim, £8, value of a mare alleged to have died through defendant's neglect, £5, and £3, prospective value of foal. Mr W. M. Hay appeared for defendant. It appeared from the evidence that defendant, a carpenter, had hired a hack from the plaintiff for the purpose of riding to and from his work at the Fen Court station in July last. After using her for nine days he returned her as unfit for work, and plaintiff entrusted him with another horse for the balance of the time. Shortly afterwards the mare died, having been turned out on the run, and plaintiff affirmed that her death was due to the ill-treatment she had received at the defendant's hands, A witness named George Thomson deposed that when the mare was hired to Gracie she was in good condition, and that when she was returned she was miserably poor and unfit tor work, and died a week or two afterwards. Plaintiff's son, a young lad, gave corroborative evidence. For the defence it was shown that the mare was well fed and well treated, and that her death was traceable to her having some months befoie fallen into a cattle stop on the Cambridge r-ailway. It was proved that defendant had fed her well, and taken all reasonable cave of her. It was further shown that the action owed its origin to the fact that the services of plaintiff's wife as nurse and charwoman in defendant's family had been dispensed with. His Worship non-suited the plaintiff, with costs, £2l^H,

A property tax notification will be found in another column. The Cambridge Domain Board invite tenders for certain works at lake T.e Koutou. The Hamilton Domain Board invite tenders for a standing crop of bay. A notification re the election of two members of the Te Awamutu Town Board appears elsowhore. Special attention is directed to Mr William Rattray's new advertisement in another column. A public meeting will be held at the Huntly Hotel on Saturday next to form a, comrai % t for the annual iports.