POLICE COURT

Bay of Plenty Times, Volume XXII, Issue 3074, 31 January 1894, Page 6

POLICE COURT

FEIDAY, JANTTABY 26th, 1894.

[Before Dr Leslie and E. 0. Stewart, Esq., J.Ps.3

Three natives, Te Hai, Bopiha, anc Te TJa appeared on remand, chargec with breaking and entering a dwelling at Te Puke and stealing certain good* therefrom, also with setting fire to th( dwelling. Geo. W. Bennett deposed that hf» i* manager of a flax mill for his father at Te Puke, and that he had carriec on this, business for 3 years: . Ir conjunction with the flax mill is c store, in which was an assorted stocl of drapery, clothing, wearing apparel, boots, shoes, etc., all of which were under the supervision of witness. About 2£ years ago witness rented a cottage from Mr W. T. Smith. The cottage stood from 12 to 15 chains from the mill. Witness usually lived in this cottage. The mill ceased working about the middle of October last, the goods in the store being removed to the cottage, in the month oi November He frequently saw the goods there. On the 27th Dec. he did not reside in the cottage. On the morning of the 28th the cottage was burned down. The goods, valued at £170, were understood to have been burned also. These goods were "not /insured. The house was insured in favour of the owner. Witness recognised Te Va and Te Hai. On the 27ih he saw To Va in Te Pake, just outside the house that was afterwards burned. ■; On the 18th of present month, witness accompanied Sergt. Kelly to Kotoiti, and -was present when Sergt. Kelly and Constable Hughes executed a search warrant when certain goods (produced) were recovered. Mr Bennett identified the goods at the time as his property, which, formed a portion of the goods stored in the burned cottage. On the following morning witness was at the locl|"UU ii* [Rotorjua where he saw ..Te .Yar* *J? jte^ cMtain article? wfflch he identified as his property, and which£ tinder the droumfltarices, he Was positive he had never sold these Articles fa^njTdne. The. goods produced are the same as he saw them.

Cross examined by Mr Moss. Mr Bennett pointed out individually and ideittified tlie goods seized at Mourea, The goods were stored in the cottage, Bdnie lay in a heap on the floor; ; others were in paper parcels, while Rome were loose. There was a blind On the window of the room in which the goods were. The house is about Bor 10 chains from Raymond's, ■■ the nearest occupied house. Trees stand about half a chain fron* one side of the cottage only, not on Raymond's side. Witness had been in the cottage about a week, or ten days before thefire.. He last slept there : about 3 weeks before the fire. The goods had been carted to the cottage in the day time, but he could not say ■ whether it was or was not generally known that they , were stowed there. The goods taken from Te Va in tho lock-up were a spring belt, 2 silk handkerchiefs, a pipe-lighter, one pair of stockings, a pair of braces, a pair of trousers, one oil-skin coat, a pair of football shoes with the leather knobs taken oil, a packet of pins, a bridle with the cheek-strap in one piece with head-straps, and a plated bit. Mr Bennett had never sold any tennis shoes or pins, but, generally speaking, had sold articles similar to the rest during the year. In answer to Ropiha Mr Bennett said he did not know him at all. In answer to Te Ua witness said he did not see him taking the goods, or Betting fire to the house. By Sergeant Kiely.— -Mr Bennett, senr., to the best of the witness' belief Tisited the cottage daily during absence of witness. In answer to Mr Moss witness said no articles had been sold after the removal of the stock from the store to the cottage. Louis Bellmann deposed that he is a labourer. For the last month or so lie had been employed in the neighbourhood of Rotoiti on the 27th of December, he was in Wairangi Bush, and on the morning of the 28th about 4 to 5 o'clock he saw Te Ua who came into his whare and said ' Hullo !' He was dressed in dark clothes and wore an oil-skin coat. Te Ua seemed to him to have been travelling alfniglit ; his boots being covered with dirt. Witness went to the tent of To Ua's brother during the day, where he saw Te Ua lying down, but he got up as soon as witness got there. No conver sation took place. Te Ua stayed there all that day. On the morning of the next day, (29th inst), Te Ua ■was still at the camp, and on the same morning witness went down to the pa, and when he went home between 3 and 4 o'clock in the afternoon he met Te Ua on horseback with a dead pig in front of him on the horse- His young brother, Te Hai, was with him on another horse, carrying two bags which seemed loaded with parcels. Witness said nothing, but proceeded to hisownvrhare. On the Sunday morning witness went down to Morio. -He noticed Te Ua wore 'flash clothes 1 new suit and new boots; His brother, Te Hai, was also very flash in his dress. Te Ua told witness that Mr Bennett had lost a great many things by a fire. Witness said nothing, but was suspicious that some of Mr Bennett's goods were in the pas. He went to Morio on New Tear's Day, saw both the accused still flash. On 18th January he went to Morio with James Foley, there about 5) a.nu He saw Te Hai r dressed in new clothes, whichhe^hnnged as soon as Constable Hughes entered the pa. The day was wet, which might; Jiave be^Qthe reason for the change.

Examined by Mr Moss.— Te Ua called out ' Hullo ' to witness on the morning of Thursday, 28th December last about 6 o'clock. He wore a new oil-skin coat, but had no swag, Witness did not speak to him* On Tuesday, 26th Be ember* he was working about the Wairangi where he saw Ti Hai. On Wednesday he went to Mourea and saw Ti Hai between Mourea and Wairangi. Ti Hai was in his brother's tent when Te Ua came up and said ' HuUo ' to witness. By Eopiha. — Witness . saw Eopiha for the first time in Court. Te Ua never told him he was sorry for setting fire to Bennett's house. J By Te Ua.^-Witness was positive he saw Te Ua on the morning in question. Te Uawent to his brother's whare. He was positive he saw Ti Hai carrying a bag which seemed filled with parcels. Witness thought Te Ua had come from Te Puke, and had planted his swag. By Sergeant Kiely. — Witness went to the tent of Ti Hai's brother, and saw Tj Hai there. That was on the evening of the 27th about dusk. He also saw him there next morning about 7 o'clock. James Eoley, a contractor, deposed that he had worked at Bennett's flaxmill for 3£ years. He knew the class of goods kept in the store there. On thej 18th January he went with Bellniriin to Mourea, arriving at th.c pa early in the morning. There he saw Ti Hai who was dressed in new clothes to which Bellmann drew his attention, and which he recognised as some of the goods he had seen in Bennett's store. He went off, appearing in about an hour in an old pair of Tairua trousers- and; njo "boots. Qonstable Hughes catoae id ih© pa -hr the afternoon. Later on Sergt. Keily and Mr GL Bennett arrived. Witness was present when , the ; whares were searched and the goods jSroduced found, which goods he : was able to identify as being the property of Mr Benjiett. On the evening of 18th he wen); to Horo-horo in the company of Oonst^ Hughes and was present on tjtie following morning when Const, Hushes arrested Te Ua. The articles produced^were fouiid ik fl|e possession of ffer'ffa. "Some on his pei^o'n, and some in his bed. Some he had given to another Maori, who handed them over to the police. When- the articles were found Te Ua told witness that he had stolen the things from the cottage before setting fire to it, and that -a man named, Eopiha was with him when he set fire to the house. Te Ua explained / voluntarily, how they had set fire to the house. Cutting open a tin of kerosine, they sprinkled it over the clothes and the floor, struck a match ajnd ran away. He added {hat Eopiha u was tjie worst because he askeu'hini (Te Ua) 'to go and > ! do it* On the i way £o Eotorua whither witness went' witn^prisoner and. Const. Hughes, •Te Ua gave up several o*f the things produced, which he had with him. , These, said -Te Ua, were from'Bennett's ; store. l w the following day witness went to O'ara marae and saw Ropiha who made a statement to the effect that he was in Rotorua jail^until 5 o'claek on the efening of^tha.|27th,;tMt he couM, produce several^ witnesses^ to p^>ve that he had slept in Eotorua that night, and that he did not leave for vhis own hdnie until 9 a.m. oh the following day. Witness was present on the evening of the 20th January at an interview that occurred between Te Ua and- Eopiha. ; The latter asked why Te Ua was trying to drag him into this affair. In reply Te Ua said — ' Why, weren't we both there when we set fire to the house.' ' Now, what will you say,' aaid Ropiha, * when the policeman says that was the very night on which I was'discharged from prison, and many people saw- :me sleeping in the house owned by Ti Kiwi's wife.' Witness was also present when Te Ua asked Const. Hughes to call on Eimapaha and her husband who saw him and Eopiha returning from Te Puke with pack-horse loads of stolen goods, as he wanted them as witnesses^ against Eopiha at the court in Tauranga. Witness saw Eimapaha who said Te Ua was telling lies. By Mr Moss. — Witness recognised the clothes by Ti Hai when he was at Mourea.

Bf Eopiha.— For the first and only time witness saw Ropiha when he stood trial at Rotorua for stealing a rope, nor had he ever seen him in Te Puke when Te Ua was arrested a|id informed witness and Const. Hughes that Eopiha had two sacks full & thl* stolen goods.

Const. Hughes, Maketu, deposed that on the 18th of the present month he went to Mourea to assist Sergeant Kiely to execute a search warrant there. With huaalwere Messrs George Bennett, Foley* and Belmont. In the first whare searched two boxes were broken open. One shawl was the only thing found. It was lying on i the bed of Kirihajehae; .-, \ iTaking^ possession of it, the* party proceeded to a second whare about 20 paces off, and found all" the articles produced with the exception of the shawl.' (M Ti Hai and Kirihaehae being arrested witness went to Horohoro, and on the morning of. the 19th arrested Te Ua there. In his possession were found an oil-skin coat, a pairof red stockings, I a spring belt, a pair of braces and two silk handkerchiefs. When arrested TeTJa asked witness after having been cautioned by the constable, not to let the people know the reason for his arrest, as he would inform him presently. He thereafter stated that it was he who had stolen the goods from Bennett's house, but that he had a mate who was Kopiha, who was living at Otaramaraea. Bopiha, he said, had set fire to the house while he

watching he saw Bopiha sprinkle the goods on the floor with I kerosene, strike a match, and apply ii; to the the kerosene. Thereupon, both_ mounted Ipbteir ihprses and rode off with their plunder. They travelled alLnight, reaching Taheke about daylight. Witness on asking Gf© Ua if he quite understood what he* was talking about, answered that it was all true. He kept repeating that Bopiha was the worst of the two ; Bopiha induced induced him to, commit the! act, and Bojiiha got most of the; plunder,* Const. Hughes took him tdj Botonik; ' On the way down Te Ua handed over a bridle and said that the shoes he! wore also came from the store. On j the following day witness, accompanied i by Foley, went to Otaramaraea, and, j by virtue of a search warrant, searchec Bopiha's whare, finding there several new shawls of which possession was taken, feopiha gave witness every assistance in the search, wrapped up the shawls, and helped him to carry them to Botorua. Meeting Mr Bennett the shawls were shown to him, but were not identified as his property. In Botorua further enquiry elicited the fact that the shawls had been bought by Bopiha from Mr Wrigley. The same evening witness heard the conversation between Te Ua and Bopiha detailed by the preceding witness. By Bopiha. — All the boxes in Bopiha's house were opened. Some one told him Bopiha had passed the evening of the 27 th in Ohinemutu. Sergeant Kiely gave evidence corroborative of Const. Hughes. On the 19th, witness was in Botorua, where he saw Te Ua and the articles produced.,.,. On the^th^erm'as at the lock-up ■*' when 1 - *£& Ua' • asked Const. Murray for some paper as lie wished to write a letter, rea<| and produced in evidence. :^oul|^ hour after the letter marked* & wa% passed :out, and impounded by witness. On; Monday 22nd inst., Ti Hai wha was, 1 taken to the gaol in the presence of lan interpreter and the aocused Te; Ua and Bopiha, denied having met either Bopiha or Te Ua oirthe morning in Te Ua Jsaid,to Ti Hai that* %«tried^t6 shield |£||>ika because ofj his relatio'iiship* -#ith Him. In presence "of Bdpiha, Const. Murray informed witness that he, Bopiha, was discharged from gaol about 5 p.m. on the 27th December, anal that .'he was seen in Botorua an hour later by Mr. Grifiiths. :By .J4>- Mqas,-~ Witness /arrested Ti Hai on the ground and he was, seen leading a pack horse supposed to carry, a portion- ;of/ the 1 stolen goods from. Te Puke to Botoiti, as in the evidence of 5 Ijpuis ,-JBelmont and of Voley who had recognised, thp dcxthina:. : I.! B^ order >f 'tiief CouH Bo^il^wls discharged. : ' ' • "• , t > 4fr s M6ss 1 tHe ? ddtirt on'b]ehalf 6t^ His Client Ti Hai, contending that : the evidence ofßehnont proved aa.^itK in ;favouir> of iTi Hai. ?* -PLe^enchftbaQ dejided to discharge Tfie accused, Te Ua, had no witnesses, and was committed to take Ms trial at the next sitting of the Supreme* Court, Auckland^. «r \ Kirpiae^ae, a Maori woman| was lihen Charged with having ed^ goods from TeUa* lgi^wingjhem to ' hayebeeiistoleSil I K B f