MAHOE LEAVES,

Taranaki Herald, Volume XI, Issue 537, 15 November 1862, Page 3

MAHOE LEAVES,

Being a Selection of Sketches of New Zealand and its Inhabitants, and other matters concerning them. By Thomas Moser, Esq.

[PROM THE WELLINGTON INDEPENDENT.] WHAKAWAS.

Tliere~lsTTO inTsratonibout-tt-l £— read it myaul f-i in the Maori Messenger, and I congratulate the country on it. Jeremiah is made a magistrate! elected, I am led to understand, without opposition. He received the intelligence of bis appointment one day, and commenced active duty the next ; and for the space of one month he has been constantly at magisterialiwork — like a " clocken hen," he has been perpetualiy " sitting." With the exception of his policeman (an intensely dirty man, who rejoices, in the name of Absalom), and his clerk, I think he has summoned and tried everybody in his pa, and has fined the parties to the tune of some thousands of pounds, — about four times the value of the whole of the district at present unalienated. This looks like work ! and, I repeat it, I congratulate the countiy upon the appointment. As for Panapa, whose services have been called into requisition (he being the only man here who can write legibly), he has amassed such a pile of documents that, if this work goes on, I anticipate a rise in the paper market before long. I cannot say that 1 feel any regrets at the " stiiriug up" that Jeremiah is at present giving his people, as my private opinion is that the natives about here would be no worse for a system of partial crucifixion being brought into operation, aud iv default of that extreme course, I rather chuckle at the spectacle of old Jeremiah " coming down upon them" pretty stiffly in his Court. His fines, indeed, may be great " myths," and in all probability they are ; but even if he gets the costs of his summonses, which I have an idea that he does, and that is about all — why, it is something. These enormous fines, however, that Parnapa enters in his book look veiy imposing, though, considering that the sinners who are mulcted iv them aie worth nothing, perhaps a trifle absurd. Amphora calpit, Justitui currente rota, cururceus exit ? would be a capital quotation to inscribe on Jeremiah's rostrum. I have only attended one case as yet before the Court, and as I shall not inconvenience myself by attending another, I purpose devoting a few lines to a description of it. The facts out of which the case arose were simply these. A lady of the name of Lavinia, who for some lime had labored under the btigma of being no better than she should be, was supposed to have committed herself in the absence of her husband (a long-shanked fellow of the name of Abraham), who had goue on a pilgrimage to a neighbouring settlement, to attend a judicial .inquiry touching the virtue of his aunt. Malachi (also the Eaiwhakawa of " Our Pa"), to whose ears the frail conduct of Madame Laviuia officially came, at once summoned her and her Lothario before his Court, and fined the pair some twenty pounds. Upon Abraham's return, the circumstances were duly reported to him; after first denouncing the Court, to take cognizance of the matter in his absence, he forthwith called a large runanga, composed of the Whakawas of the neighbouiing tribes (including old Jeremiah), aud sued thereat for a divorce a memo" et thoro. A case of such importance as this' was the signal for a general gathering from aMI parts of young and old ; and a great slaughtering of pigs, and collection of potato kits, was at once undertaken by Malachi and his people. Tho prospect of au enquiry into the justice of his decision in this case appeared to have presented itself to the mind of that enlightened man pre • viously. For he, with the assistance of Panapa, had examined and re-examined the witnesses to such au extent, that the possibility of a *' break down" in the evidence seemed a sheer impossibility. Independent of this, hosts of outsiders had been set to work to engage them in conversation, and to report the same to Panapa, who forthwith took copies of the same ; and as these living examples of the " oratio obliqtta" had to be likewise examined aud crossexamined, I need hardly say that the case was thoroughly " got up." The day, however, arrived at lasl for the grand hearing before the collection of judicial wisdom of the district, and with it came old Jeremiah, in a great state of fuss, followed by all lhs people. As he passed my door on his way down he confidentially informed tnc " that Malachi and Panapa weic a pair of fools, and that he would put

them to the 'rightabout' very shortly." He appeared to he thoroughly up to the plaintiff's case, at all events, as indeed he might be, having givi-n Abraham a private hearing of his case, which lasted two whole nights and the part of a day. He assured me that there were some awful lies told somewhere, at present a mystery which he was destined shortly to unravel, and bring the culprits to an unparalleled amount of grief. The case had been going on for some two days and nights, when curiosity prompted me tok pay a visit to the Court. The Whare Whakawa (Court House) was toleiably full when I arrived, but business was temporarily suspended, it appeared. A group of dissipated young fellows were playing draughts in one corner, the board being marked out on the floor, and the men composed of slices of potatoes, the black ones ingeniously marked with a burnt stick. As, however, thtiir dirty fingers by constant handling had made the whites nearly black, some dispute seemed arising respecting the ownership of a king. A number of old women were sitting jabbering rouud the tire, engaged in roasting maize in the ashes. One of the magistrates was busily at work patching his shirl with a piece of old print and some flax in one corner. Another was engaged with one of the jury at an exciting game of "all fours," played with an almost illegible pack of cards, and kept constantly vociferating (to Tidki) "Your Jack 1" as he dabbed down a greasy piece of pasteboard, with the faint outline of a King of Hearts impressed thereon, it being oue of the few court cards the pack seemed to possess. A brother " beak" lay fast asleep in another corner, emitting a stentorian noise from that feature of his face corresponding with his " slang" official name, and the rest of the company, including old Jeremiah, sat in gtpat strite, wr&jiped^uu their J blankets, awaiting another call to duty. ' Upon enquiry of that worthy, I found out that they had not got all the witnesses examined yet, and that there was little prospect of their getting through that day. Housed, however, by my desire to hear something of the case, Jeieiniah turned out his dirty constable, who was fast asleep behind some potato kits, who, after shaking himself, forthwith commenced roaring at the top of his voice, through the hopper of an old wheat mill, summoning all the parties to attend the • Court, while, at the same time, Panapa proceeded to beat the " devil's tattoo" upou his iion port, in the midst of which clamour the audience collected, draughts and cards were put aside, the magistrates, presided over by the gentleman with the dilapidated shirt, took their seats at oue end of the building, Panapa squatted himself dowu with an old gin- ! case between his knees, arranged his documents, and the examination re-commenced. The witness, an old woman with a cracked voice, similar in tone to a demented guinea-fowl, proceeded with great gesticulation to give her evidence, which appeared to amount to what somebody had told her, some other party had said they had heard or another individual had stated, or something to that effect equally important, which individuals were presently to be produced. Iv reply to leading questions from Panapa, she began by stating time and place where She had been told this story, which appeared to be about the middle of the day, in some adjoining cultivation. Jeremiah here asked the witness " What she was doing theie ?" to which she replied " Going to gather potatoes." A doubt was here expressed by another old woman among the spectators, •• whether the witness had any potatoes belonging to her thereabouts," upon which Jeremiah gave it as his opinion that the old woman was thire for the purpose of stealing potatoes, and insisted on a summons I being issued against her at once. At this accusation | the old woman waxed furious, and equally urged the propriety of Jeremiah himself being summoned ! for korero kino (slander). Thereupon a regular row ensued, which lasted for about half-an-hour, and only terminated by the old woman being summarily bundled out by old Pauapa. The next witness, au old mat), who did not appear to have any collected ideas upon any subject, was examined touching a similar point as his piedecessor, and managed to get himself so inextricably involved in about half an hour that the Bench became perfectly bewildered, -rod rauapaM difuui.iuu ..-o^a^f^Mifusion^ _An._ adjournment was therefore proposed for the purpose of refreshment, and a general scramble for the provision ensued on the part of the Bench) witnesses, jury, spectators, aud constables. I had the pleasure of having seeu a similar exhibition to ihissome time before, and I therefore adjourned myself home. After spending the whole of ihat day aud night, and the greater portion of the ensuing day, in examining and re-examining the witnesses, including a searching cross-examination of both plaintiff and defendant* I heard that there was a probability of a decision being arrived at, and judgmeut given that evening, and I went down to hear it. The consultation was going ou when I arrived, and as I entered the Whare Whakawa there sat the magistrates and their cleik in a state of blank amazement ; the depositions lay scattered about ihe floor, and if ever perfect imbecility and bewildt ruient were expressed on human faces, it was ou theirs. They had talked and droned away over the case until 1 really believe that they had not the faintest idea of anything respecting it. Finding out that I was intruding, I passed a little way 'down from the Court House, aud discovered the plaintiff, defendant, and co-respondent, in a state of semi-stupefaction. They had been badgered and browbeaten to the confines of lunacy. Later on in the evening the Bench, however, gave judgmeut (what the jury were for I could never make out). They found Lavinia guilty, fined her and her admirer some two or three hundred pounds (which it is to be hoped they will get), and decreed a judicial divorce. Panapa was despatched to acquaint the plaintiff with the decision ; he went to the hut, aud, peeping tn, there lay the two divorced fast asleep under the only blanket they possessed ! while gravely smoking his pipe in a blissful state of mental aberration, at their feet, sat the co-respondent, Excessive was Panapa'3 disgust at this discovery. Here was the plaintiff making all this hubbub only to make fools of the Runanga ! What a climax ! I hear that he is to be tried for this, and no end of witnesses to be prosecuted for perjury ; at any rate', if old Jeremiah is allowed to work his wicked will on them, I have no doubt that condign punishment awaits these reptiles, How mauy people were ga-T thered together I really cannot tell, or how Malachi's heid of pigs and potato heaps have diminished, but somebody will have to pay for it, I expect. Now, this case has no romance about it. It in reality occurred as here pourtrayed, and is, in point of absurdity, but one out of scores that have been tried here during the last six months. Yet this is the infancy of an Institution that is to be worked upon for the benefit of the native race — at least so say savants; be it so. If an occasional fit of temporary idiotcy is beneficial to the native miud, by all means encourage the village Wliakav)a. How a race that cannot concentrate their faculties upon one single topic for an hour, without wandering into fifty others, are to prove a blessing to our Legislative Councils and Courts of Justice, I am at a loss to couceive ; or how the internal magisterial appointments are to be an advantage to the natives them • selves, when they are allowed universal suffrage on the matter. I shan't here dilate upon, for " Brutus says they will, aud Brutus is an able man." But I cannot forbear stating that, from nearly 11 years' acquaintance With the native race, I am strongly of opinion that they aie at piesent utterly unfit for any legislatorial or judicial functions; and considering the utter contempt the rising generation exhibit for education, in future years they will prove still more so. This system of establishing petty courts among themselves, though their own idea, has proved of no use whatever ; more harm than good, in fact. It has sown a great amount of discord aud jealousy amongst them. Adulterous cases are chiefly what they delight in investigating — the more iudelicate the better ; aud it is very rarely that any others are heard of. As a check upon any other crimes it appears to me utterly to fail, and the decisions can no more be carried out by the authorities amongst themselves than we can do for them. Reform tlie village Whakawa by all means, if you like, but let the features it at present presents be utterly effaced iv the Picture ol the Future.