TROUBLESOME NATIVES.

Bay of Plenty Times, Volume XXXVIII, Issue 5484, 14 March 1910, Page 2

TROUBLESOME NATIVES.

At the Tatranga S. M. Court on Thursday two natives, Hori Puki and EikthasSa. wt'fe charged with tssaulting ITr T. R. Nixon, i:c;-nsec of the Tauranga H'otrl, on Felruary 24, and also with refusing to quit |llcej.si»d j remises when requested to (hi so by the licensee of the same hotel. Constable Skinner conducted the j.rcsecution, while Mr Tudhope appeared for the defendants Mr .J. B. Dal ton acted as interpreter.

Miss W. .Nixon deposed— On Frtr i rircr/ 21 sac was in the diningroom at 7.80, ami lohl the two natives they Cimld not have tea, as it was off. They went into the kitchen and demanded tea and she went fof her father to put them out. The natives were both intoxicated. When her father canne she. wpnt back to the dinHVg-roHim. She next saw her father lying in trtie passage with the natives' on U>p of him. She immediately asked' Air Ryan (who was in the dining-room) to come out to her father's help. The natives "were put out by force by her father, and brother, ami Mr Ryan. The doors were then closed to. keep the natives out. iCross-exainuHxl toy Mr; Tudh'opte — Saw her father ion the floor with the Maoris on top of him, but dkl not see him fall. Thomas R. Nixon, licensee of the Tauranga Hotel, deposed that be was in the bar, and on account of 1 what his daughter, told him plxcjcded so the kitchen, find found tine two Mat fis now charged, in a drunken condition. He asked them to leavt? the premises. He camo into s the passage ami Was struck toy one - tfboth of the Maoris ami kneeled down. He was also kicked about the head. When he Came to himself the Maoris w; re outside, having been temoved toy his son and Mr Ryan. Witness was coveted with blood and

was in, a dazed condition for about a quarter of an hour. While lying on the floor noticed an umbrella being used upon Ryan. A broken umttdlla was produced. Ctoss^ex'amiiie.d by Mr, TudhopoThere wefe no others present, aiid witness went to the kii Chen in answer Do his daughter's call. iWttness was knocked -down in the passage., CSould not .say. who used the umbrella. Witness was dazed for about a quarter of an hour, but could s?e what was p^ing on- around 1 him. Was positive be was knocked out by tha defendant natives. Could not say whether the natives left any of their, betongings -behind. John Ryan, of Te Puke, stated he was in the dining-room of the Tautaivga Ho<.oJ about 7.30 p.m. on Fobruery 24, having tea. Heatd a fall, and in response to Miss Nixon went into the par Sage. Saw R'r Nixon on "the floe*. One •cf the

Maoris had his harvds on Mr Nixon a:|d the other was striking him. Witness proceeded k> Mr Nixo:i's as sstar.ee and was struck in the fc»e. by one of the Maoris -and hit with an umbrella. The natives were forcibly eject&d. Mr Nixon was cut and bleeding. -~ Cross-examined by Mr Tudhope— Presumed he (witness) was hit by the natives. Mr Nixon's son also came to the assistance of his fa<th--r. Mr Nixon was on the floor, white Rikibana' was holding bin* and Puki was striking him. Mr Nixon was not on tvs back. Thomas R. Nixon (jun.) depessd— He remembered *hfe disturbance on February 24 last. Was in the bar and in aonsequenoe of what he heard went out into th-e passage. When he got there the two defendant na-? tive-s and witness' father were there. Ryan had hoM !o? one Maori and witness helped to put the natives out. Witness was hit by one of the Maoris. They ■ were not sober. Cross-examined by Mr Tudhope— Ryan was pulling one of the natives out.

Constable Skinner stated that at about. 8 p.m. on 'February 24 he pr> ceeded to the Tauransa Hotel and saw Mr- Nixon, who was bleeding from a wound in the skull. While talking to ¥r Nixon the two nativ€6 came in and Mr Nixon said they were the inert who had assaults ed him. One of th« Maoris answered and said that Mr Nixon had assaulted him first. Cross-examined by Mr Tudhope— Heard that the natives went up to the police station but witness was not thrra. They behaved in a boisterous manner at the station. ! This concluded the case for the prosecution. George Puki, one of the defendants, testified that on the evening of February 24 he went '-with Rikihana to the Tauranga Hotel. Saw Mrs Nixon and asked ha» if they were late for tea. She answered : "No, you can have tea." They then took off their overcoats and laid them down. Mrs Nixon then told them to go into the dining-room!. Mr Nixon next ordered them out. Witmss answered that they would go out. Went to put on his coat and hat, and his friend Rikihana proceeded to do the same. Heard a no : se in the passage, and looking round saw Mr Nixon with his hand on' Rikihana. Called out to Rikihana to come along. Mr Nixon then advanced towards witness and 'attempted to strike witness. Mr Nixon fell and struck the passage, but did not fall to the ground. Ryan then appeared and laid hands on witness. Witness fell rtear the billiard-room, j Ryan still having a hold of him and Mr Nixon fell over witness. It was then that the umbrella was broken. Saw Mr Nixon kickin-g 'Rikihana, and the latter called out they -were get-

tinp into troubhe. A Motiti native was looking on. Ryan clung to wilr ness and called out to Mr Nixon when witness was near the door. Mr Nixon and his son came to Ryan' s

help. Mr Nixon tried to strike witness, but he ducked and Ryan got the blow. A Motiti native and another named Tamati were, both present. Witness had three drinks during the day, at 8 a.m., 10.30 a.m., and one on the racecourse. Witness drank schnapps and ginger beer.

When they got outside /they

Herewini, and waited for a while, hoping to get their coats and hats. They afterwards went to the pol.ee station, -'to seethe policeman, blithe was not at home.

Cross-examined by ' Constable Skinner—Had ionly <one drink at the races that day. Witness only pushed Nixon once. Did not see Rikihana

strike Nixon Saw the -blood on Nixon's face and accounted for it by him striking the wall. They were

late for tea because they had tried to get across to Matapiiii, -but w<re prevented from goin-g r by the wind and a damaged sail. Game from the races in a bus, and had a bit of a talk. On arrival at 'Tauranga drd not throw a man -down and Cause him to sprain his ankle. 1

To the Bench— Saw Miss Nixon $o into the kitchen, but he did not speak to her, neither did she t<o him.

I Tv Katahiwi stated -that Le remembered race night- Between, 7 and 8 o'clock was at the Tauranga Hotel. Saw Puki and Riklha&a there. They were being assaulted by Mr Nixon, bis son and Ryan. .Witness was in the billiard-room and hearing a noise came out into thd passage. Saw that one of the Europeans was holding Puki and another striking him.

Cross-examirpd by Oonsteblo Skinner—When witness came out of the room the men were near the door. Did -cot see the start of the affa-'r.

Tamati stated that on race night he was in the ■biHiacd-rooin of the Tauranga Hctfel. Heard a •disturbance and came to the door, of the

met

billisn-d-roum. Saw iPuki aiid Rikihana fall down. A European hat! hold of Puki round the neck, the latttr being down on the ground. Puki was trying to get up to go julside. He got up and carried the liuropean on his back to the door. The European was calling out : ■'Hre Nixon ! Here, Nixon ! " Nixon and his son ran up and camir.er.csd' to strike Puki. The latter then went out. Cross-exami-frc-d/i by Constable. Skinner—Witness advanced to the corner of the passage. Did not s«e any; nu.r "s on Nixon. Rikihana and Puki were- perfectly sober. Did .not see the start of the affair. The natives did not strike .back, but were (trying to get out. Rev. W. Goodyear said he knew Hcri Puki fot the last 15 ot 20 years and duting that time had known him to be industrious, honest and sober. , This Closed the case for the deMr Nixon was recalled and stated that Mrs Nixon left the kitchen when the Maoris appeared. In reply to Mr Dyer, Constable Skinner said he had always found Puki a decent native, but there were camplaints about the other man, and he was inclined to be troublesome when in drink. Mr Dyer said that after having heard <the evidence, he had Come to the conclusion that? the natives were guilty of the charges brought against them, that they had had too mufch drink, and that the story they, had told him that they had been aßsaulted was absurd and unreasonable. He had a mind to send them to gaol and if they came before him again on similar charges he would send them to. Mount Eden. He had been told that up to ihis Puki had been a fman of good charaotte-t «and he would take that into account. . The police, said Dixon (Rikihana) gave trouble when drunk find a heavier fine would be inflicted on him. If they thought they could Came intc/fTauranga and start playing up like they did in the hotel he would show them that the law was stronger than they were. For refusing to quit licensed premises Puki was fined £1 and Costs £2 Is 3d-; in default one month's imprisonment. On the second charge of assault he was fined £2 and £1 is. lOrt costs ; in default one month's imprisonment. Rikihana was fined £2, and £2 is 8d cost, for refusing .'to quit licensed premises ; in default one month's imprisonment. On the other charge he was fined £3 and Costs £l Is 10d, in default one month's imrrisonrrent. Wt Tudhope undertook that the fines would be paid by Monday.