PROSECUTION OF NATIVES.

Auckland Star, Volume XXV, Issue 142, 15 June 1894, Page 4

PROSECUTION OF NATIVES.

KEREI KAIHAU'S CASE.

THE DEFENCE.

After we went te press yesterday afternoon the charge of obstruction of the police preferred againsb Kerei Kaihau and his wife Mita Kerei Kaihau, arising out of the Opuatia survey dispute, was proceeded with at the Supreme Court before His Honor Mr Justice Conolly and a jury of twelve. After the examination of Constable McGovern corroborative evidence was given by Constables Hobsonand Whiberelative to the obstruction of the police on the Waikato, near Mercer, on March 7th, by Kerei Kaihau and faia people. These were all the witnesses for the prosecution. Mr F. Earle, in opening the defence, contended thab the warrants for the arrest of the two Maoris Pana and Kapene (whom Kaihau's people refused to give up) were bad, inasmuch as they disclosed no specific offence. He took objection to the form of the warrant, and asked His Honor to consider the point. Mr Tole replied. Hia Honor'said it was quite clear from the warrant that the offence of the two men was fully disclosed, tor it was stated there that they had been convicted of pulling up survey pegs ab Opuatia, near Onewhero. He would dismiss the point raised by Mr Earls. Mr Earle asked His Honor to reserve the point, and the Judge replied in the negative. Mr Earle then addressed the jury, contending that Kerei Kaihau took no part whatever in the obstruction of the police, and that there was no evidence whatever against him which would justify a conviction. EVIDENCE BY KAIHAU'S SECRETARY. John Turner, a half-caste, residing at Awhitu, gave evidence for the defence. On March 7th, he stated, he was in company with Kerei Kaihau and his party near Mercer. The native people belonged to witness's mother's side. Witness did interpreting and writing for Kerei Kaihau and other people belonging to the tribe. He produced a copy of aletber read to the police ab Mercer on the day in question, written on behalf of Tawhiao to the Native Minister. The letter stated that the Maoris were to make the Opuatia Road, and to cultivate the land at the Opuatia. The portion of the letter addressed by Tawhiao to Kerei advised the natives not to resist the police, but if they came to arrest one man they must take all the natives, " the men and women, the old men and old women, the boys and girls; the whole tribe." Witness also produced a copy of a letter senb by Kerei to Mr Mueller, Commissioner of Crown Lands. •'king" tawhiao. Mr Earle asking the witness a question about •• King " Tawhiao, Hia Honour said, " You refer to Tawhiao as King, but he is not recognised as King; he is no King." Mr Earle replied thab hJ'was speaking to a half-caato, and many of the natives looked on Tawhiao as "King," and bad great respect for him.