WANGARIE. (FROM OUR 0WN CORRESPONDENT.) Feb, 11,1863.

Daily Southern Cross, Volume XIX, Issue 1742, 18 February 1863, Page 3

WANGARIE. (FROM OUR OWN CORRESPONDENT.) Feb, 11, 1863.

The cases of damage by fire brought by the Maoris against Mr. David Cole, of Mangapai, were brought to a close yesterday (Tuesday), February 10th, at a'Court hold at the Wangarie Hojioli bofore H. 11. Aubroy, Esq., Resident Magistrate, and a of Justices of tlie Poatio. I should have soul you a report in cx~ tenso of the proceedings on the first day of the investigation, a week ago, but 1 was attending ilie meeting of the Agricultural Society, at Mangapai; and however übiquitous) a.nqwspapor correspondent may be, lie can scarcely be in two places at the same timo. "With reference to the matter in dispute between Mr. Cole and the Maoris, and without wishing to throw the slightest discredit on the- closing statement of the worthy Resident Magistrate, tlio impression on my mind, after hearing the wholo,.of Iho examination yesterday, was that Mr. Colo had been mado the victim of a conspiracy on the part of the nativos, — who, having made a loss by fire, wished to recover from the only European thoy could possibly fix on with certainty, as having passed by them the day of the fire. Mr. Cole is tiie contractor for carrying the mails from Mangapai to Mangawai, and vice versa, and is accustomed to pass through or near this Maori settlement oveiy Friday and Saturday. Most crtainly a firo took place, and according to evidence (Maori evidence not on oath), considerable damage was done : but tho evidence fitted too well, — the witnesses, according to the interpreter, Mr. Dent, deposed to the facts they wished to establish in exactly tho same language. Not one of them could state how Mr. Colo was dressed, though they stated they saw him stoop down and light a firo with matches, and saw the matches. One woman said he had a coat, vest, trousers, and shirt on. Mr. Colo declares ho had no coat with him that day at all; the Maoris all staled that the fire was lighted at from ten to elevon o'clock in tho forenoon — Mr. Coles' business of mail transport made it necessary for him to be at Mrs. Campbell 'r, Waipu '.River, at that hour. Mr. Cole passed the point in question at seven in the morning, It seemed to me that all Mr. Cole noeded to have done was to producd an affidavit, properly attested, that he was at Mrs. Campbells at tho time stated, and thus prove an alibi. Of courso, it might have been said that the Maori mind is incapable of judging of time, but no man I should think would give, them credit for such innocence and ignorance, as to suppose that they could make a mistake of three or four hours, and that too at the beginning of the da} 1 ". I make full allowance for the imperfect idea the Maori may have of the cfFeet their mode of stating facts may have on the bearings of any case, but I am not disposed to allow such a margin ns ih generally given them. Jf a native is making a bargain v ilh you, ho generally knows how to keep himself from imposition. There is no danger of a pakeha getting to tho blind side of a Maori ; in the eyes of ihe authorities ihey arc all innocence and charming artlessness. Another difficulty Mr. Cole had to contend with was this, that the trial took place under tho '• "Resident Magistrates' Ordinance Act," under which, in cases between natives and Europeans, there can be no appeal to a higher court, and no trial beforo a jury. 0 f course, it may bo quite true that our respect ed Resident Magistrates all over tho country are quite competent to decide cases such as I have to-day to lay before the public, and order summary execution in default of payment ; but this is a' power never given to tho highest legal authorities in the old country ; and that which is not expedient in old England cannot be expedient in Wangarei ! Justico is not a question of latitude and longitude. Do the vaunted "iS T ew Institutions " include any provisions for securing bona fide justice between the two races F Let xis rejoice that Mr. Cole has been able to defeat an attempt to strip him of his hard-won goods and chattels, and obtained from a tribunal, ,constituted as the .Resident Magistrate's Courts arc in this colony, a result so satisfactory ns that w hich appears in your columns to-day. Through the kindness of the "Resident Magistrate, H. R. Aubrey, Esq., I was permitted to glance over the depositions taken on tho first day's trial, and I, therefore, will give you a short sketch of what took place on that day,

VROcnnoiNGS ox tdesb vy, km. 3, 1803. Resident Magistrate's Court, at "Wangarci Hotel, "Wangaroi, lielcl on Tuesday, Pel). 3rd, before H. ]{. Aubrey.Esq., jßesidon't Magistrate; "W. Bedliugton, 11. lioybnrn, and John Munro, Esqires, Justices of the Peace. David Cole, of Mangapai, appeared lo answer a summons, obtained again&t liim by Hona To Horo, an aboriginal native, living near Mangal)ai, that on Jail. 10, 1863, lie (David Cole) had wilfully sat on fire the fern near the complainant's settlement, by which he (complainant) had lost all his cultivation, and his burial ground had been partialty destroyed. The damages were laid at £100, which brought the action within the iurisdiction of the magistrate. Mr. J?. Dent was sworn interpreter during the trial. Hona To Horo, aboriginal native, docs not understand the nature of an oath, but will speak the truth. Deposes that ho met defendant on Saturday, Jan. 10. Saw a fern hill burning. Saw defendant light the fern. He found his settlement burnt oft". He got his horse and followed defendant. He went to defendant's house and saw him there. Plaintiff asked him to go and loolc at the fire. Defendant would not, as he knew nothing about the fire. Defendant jtold plaintiff to pay for a loaf ho had. Plaintiff said ho would go to Mr. Aubrey about it. Waitua, aboriginal native, docs not know the nature of an oath, but t\ould speak the truth. Deposes he was coming down the hill when ho saw defendant sit down and light the fire. Uona wont after defendant. He (witness) went with him. Saw defendant at his house. Said to him it was vory bad to set tlio fern on fire. Defondant said ho was not near the fire. He (witness) said againit was very badto sot the fern on fire. Asked dofondant to go and see the fire. Defendant would not. Told defendant wo would go to Mr. Aubrey. Hemi, aboriginal native, does not know the nature of an oath, but will speak the truth. This man's evidence was to the same effect asthat of the preceding witness. Certain it was defendant that lighted the five. Saw him do it from his eiiltivation on which he and his wife were working. Emera Toenga, aboriginal native, gave similar evidence. Saw defendant light the fire. Was suro it -was him. Saw him stoop down and light the fire. THessrs. W. Ormiston and Carter, of Mangapai, were called by defendant. Their evidence went to disprove the statements of the Maoris. Mr. Norton, magistrate's clerk sworn : Ho said he was sent by the rosidont magistrate to soo the damage done by the firo. He read tho result of hia investigation. Several patchos of potatoes and kumoras had been passed over by the fire, and tho tops only burnt off them. Ho gave the dimensions of the patches. 248 stalks of Indian, corn, and several peach trees were burnt. Several yards of fencing also were burnt. Tho fire had entered into the burial ground, and destroyed the fenco round ono grave, and damaged the fenoe of another. Saw ono acre of bush that had been burnt off. The Maoris told him that two canoes and some tons of fire wood wore burnt. Defendant, Mr. Cole, then made a declaration. Ho said that on Friday, January 9, he left his own house, at; 6 a.m., and proceeded to Mangawai with the mail. — I did not see any fires until I reached the Waipu rivpr, botwoon 10 and 11 o'clock." Beyond, that river I saw natives. I saw flues' lighted, 'but cannot say who lighted them. ■ On, reaching Bream Tai\, I saw moro natives. 'Cannot say how many. Spoke to them about Kauri gum. ' They nsked me where I was going. 1 told them to -Mangawai, with,tho mail. They said'they'were going to Wangaroi. After passing the'riatiVeVoqj'f fling through, the bush, | opjg M a-fijs ftewly w, wMoh was sp.r,ea.diog

oriboth sides tlfe track. Ido nob know who lit the fire, but I' thought it was the Maoris. On my return With the mail next morning, the fire was still burning. I saw no Maoris on the road this day, till I reached tho beach at Rtia- 1 kaka. I was then passed by two on horseback, , who passed the time of day with me arid rodo on. As I came through tho Ruakaka valley, I 1I 1 saw that since I passed the day before, 8 or 10' fires had been lighted. They wore still partly burning. I dp not remember seeing any dther fires after rising tho fern ridge on tho Mangapai" side of Ruakaka. Ido not see any fire on tho spot. lam charged with Iwing lighted one. I reached my own homo at five minutes past 3 o'clock, p.m. On the evening of the same day, Saturday, about tea time, some hours after I got homo, Hona and Waitua came to my house. After some desultory conversation, they asked me if the white covered cap hanging on the Avail was mine. I said it was. They then asked me if I had lit the fire. I told them what fires I had scon on 1 the road. Told thernjl had lighted no fires whatever. • They wore apparently satisfied, shook hands, and bid mo good-bye. On Monday, while I was in Harrisons store at Mnngapai, tho same natives came to mo again. They told mo that I had lit the fire, for I came along the road with a white hat on. Asked me to come and see the damngo. I declined, — saying I had not lighted the lire, and knew nothing about it. T bayed they had better pay their debts, than go about charging innocent men with lighting fires. They said they would go to Mr. Aubrey. Said that was the mau they should go to. They said, if you pay us we will want Jlittlo ; if we go to Mr. Aubrey, we shall charge plenty. The Magistrates here decided to suspend judgment till the hearing of the second caso, which was proceeded with. This was a similar chnrge against Mr Colo, brought by a native named Te Rnta. The charge was that Mr. Cole had, on Friday, January 9th 1863, wilfully set on fire some" fern by which complainants house, wearing apparel, tools, &c. had been destroyed. Damages were laid at £15. Mr. R. Dent was swor: interpreter in this caso also. Te Rata, aboriginal native, docs not understand the nature of an oath, but will speak the truth. Deposes that about 10 o'clock on the morning of Friday, January 9th, 1863, he was coming up the bye road, and passed defendant. He (plaintiff) looked back, and saw a fire. Saw defendant stoop down and light the fire. Ho (plaintiff) returned to the fire, and when he came there lie saw a second fire lighted. He would have gone after defendant, but went to his house. When he got there one side of it was on fire. He took a box out of it. When the roof fell in he got his horse as soon as possible, and followed defendant to Waikaraka crook. He there met some natives, who asked him w here he was going. H.o said he was following defendant, who had lighted a fire, and burnt his house. The natives replied he (defendant) would bo back to-morrow. He (plaintiff) said he would write to defendant, and claim ,Cl 5 damages. Seven other witnesses were brought, and four examined. "Walker, aboriginal native, docs not understand tho nature of an oath, but will speak tho truth. This mau was n notorious character, as was shown in court. He said he met defendant on Bream Tail. He asked witness where ho was going. Ho (witness) replied to Wangarei. Defendant said lie was going to Mangawai with the mail. Defendant asked the price of kauri gum, and whether there amis much at Mangawai. I answered him. Met Te Rata at Waikaraka creek ; asked him where he was going. To Rata said he was following defendant, -who had set fire to his place, and burnt his house. Witness said defendant would bo back to-morrow. Te Rata said all right. I will write a letter to him. and claim £15 damages. Witness and the other natives then went on to Warpu, and stayed all night. Next day, Saturday, Januaiy 18th. passed defendant on the beach, between the Waipu and Ruakaka river." Ho was l'cturning to Mangapai. Saw two boxes of matches in his pocket. Did not see him light the fire, but was sure it was him, because he saw Jjtwo boxes of matches in his pocket. Saw fire burning. Went on by Henry's. Three other natives ere examined who gave the samo evidence rerlmfim, all but the extraordinary specimen of Maori penetration about the boxes of matches ! The hist of the four said lie went the following Monday to defendant with a letter claiming t CIS damages. The Resident Magistrate said there was no use hearing any more of this evidence, they having all been together at Mangawai. Mr. Norton, Clerk of Court, sworn. He said he was sent bj r the Resident Magistrate to see the damage done by tho fire. Saw the remains of whare which had been burnt down. Saw the remains of two axes and spades which had been burnt. Wns told by the natives that throe blankets, one pilot coat, two bonnets, and other wearing apparel had been burnt. [Tho latter part of this evidence, being only hoarsav, can scarcely bo considered evidence at all.]" The defendant then made a declaration, again denying that he had lighted any fire whatever. He passed the cro&s-road at 7 o'clock, a.m. ; a point necessary to be passed at that time, if the mail is to be in Mangawai at the proper time. At the time the Maoris state he was lighting the fire lielwas at Mrs. Campbells, Waipu river, taking refreshment. By tho Resident Magistrate : You say you did not light it ? Defendant : — I most distictly declare I did not light it. The evidence not being considered satisfactoiy, the Resident Magistrate adjourned the further hearing of the case for one week, to enable Te Rata to bring up more witnesses. This adjournment was ordered without any application from the plaintiff. The Court was then cleared for deliberation on Hona's case. When it was opened the following decision was announced :—": — " The judgment of the Court is that the ease should bo dismissed, there not being sufficient evidonce to prove that defendant did the damage." I may state that Hona replied to the magistrate, when the docision was announced to him, that although the case was done in this Court it was not dono here (putting his fiuger to Jiis heart). Mr. Bedlington said he should not use threatening lauguage in that Court.

Second Day's Tbivi. — Tuesday, IYb. IStit. Before H. B. Aubrey, E«q., Evident Magistrate; E. Eoyburu, Esq., and Dr. Pcrston, Justices of tlio Peace. David 0010 again appeared to answer the summons of To Eata. Mr. It. Dent was sworn as interpreter. The evidence taken at the former sedentnt of the Court was road over. Yeki— aboriginal native— doos not undorstnnd the nature of an oath but will speak tho truth. On Friday, January 9lh, I went to reap my wheat. I commenced to reap but did not reap long before I wont to look after Maria. T said to Maria lot us go home. Wo then went homo. On tho way homo we met defendant Ho was standing still. It was not long before he stooped down ; after he stooped the smoke arose. Ho, defendant, went on. When wo nearly got to tho first fire another fire commenced. At tho first fire wo saw To Eata, ho was going down to the house. We called to him to make haste or the house would bo on fire, Wo thon followed Te Eata. When we got to tho house Te Eata had got a box out. Te Eata then followed defendant; that is all I, know. Oross-oxamined by defendant : Sketch, drawn by To Eata (produced). Asked witness to show whore the fire commonced. . ' By the Eesidont Magistrate : — It may not bo possible for witness to explain a sketch made by ano'tlior man. Witness then drew one himsolf. By Defendant— How far is tho ho\;so from HkQ j>lac.e'th.Q firs was lighted P As far m tvQia:

the court' f tp oveV/tho river (about'ten ehain.B). How far is the whoat from the'whare p ' Same' distance— ton chains. , What did, he want,\jifcn' Maria ? Tic wanted ho* bpcmisa'tliey had .been, away some' time ; lie wanted fp'fe'ea the pigs"; ' ho wanted to go homo. What' distance were they from the wheat at the timo they saw-do-fondant stand still P ' As far as from the court"* to the Tier. Mr. Gorrio's (about fifty' chains).' What time was it P ' He was rioj; a good judge' of time hf the sun — it was not so late as it was then (quarter to two),. Was it two or six hours before one o'clock ? ' Did not 'know. Did he toll anyone he knew nothing about the fire? No. Did he toll Mr. EiiFo, the surveyor, ho know nothing about the fire ? No ; all he said to Mr. Eiffo was, that it was too bad for defendant to sot fire to the place. Mr. Cole then produced a letter from Mr. Eifte to himself, stating^ that the witness, under examination told him'he knew nothing of the fire. The letter not being in the form of an affidavit could not be received as evidence. Examination continued — Was riot at Har- ' rison's since the fire ; did not go to Mangapai, because defendant was always on the road ; , was not afraid of defendant ; could sea a surveyor's pole, on a cut lino, from the court to the top of the lull over the river (about thirty' chains); witness was not short-sighted, 'could ' ti-treo over the river up tho hill. On defendant asking again about Mr. Eiffe, r witness replied that lie had forgotten what he had said to' My. Eiffe. Maria, aboriginal native woman, does not understand tho nature of an oath, but will speak the truth. On Friday, January 9th, she and and tho other woman wont to feed pigs. Teki came to to them and said let us go home. When wo got on the road we saw defendant. He was standing still. He stooped down. We then saw smoke. That is all 1 know. In answer to tho Resident Magistrate this witness stated that she saw defendant light the fire, that burnt the house. He lighted it with matches. She saw the matches. She was about ten chains from the defendant when he lighted the fire. She knew it was defendant. Yeki told her so. She had seen him once before at Malnmgati. He was dressed in European clothes — coat, vest, and trousers on. She could not describe the clothes. Sho did not remember his hat. Ycki was not considered to have bad eyes. Examined by Defendant : She had seen defendant before at hi& own place, when she was buying goods there. To Itata was on the top of the hill when tho fire was lighted. Yeki has something the matter with one eye, but can see very well with both. Ellen, aboriginal native women, doss not understand the nature of au oath, but will speak the truth. This woman's statement was word for word ■« ith Maria's. In answer to the Resident Magistrate sho said she was quite sure it was defendant who lighted tho fire that destroyed the whare. She saw To Rata there close to the defendant. Sho had seen defen- ' dant once before in August last. No other pakeha besides defendant is accustomed to go that road. Could not say how defendant was dressed. Te liata went to Waikaraka Creek, and then cimc back. The fern is veiy high and thick where defendant lighted it. It was lighted on a hill. Examined by Defendant : She saw defendant light the fire. Could not say what with. Sho knew it was defendant because it was Friday, and defendant always came along that day. She pointed to tho place the sun would be at about 10 or 1 1 o'clock, and said that was about the time defendant lighted the fire. Defendant then made a declaration, which the Resident Magistrate ruled was a written statement — read to the court. Ho said : To Eata Yeki and the two women have said that they saw mo light that fire. I distinctly declare 1 have not done it. The time they saw me light this fire I was at Mrs. Campbell at the Waipu river. They say they do not know what clothes I had on. Another says I had coat, vest, trousers, &c, on ; the colours she does not know know, although she could «cc matches in my hand. They' all know I go that way every Friday and return every Saturdaj 1 ", although, two other meu carry the mails as weE as mo they do not know them ; but they know me, pllliough some have only seen me once before. They state that no other pakohab pass that way, although other people have been and returned with mo on Friday and Saturday. There are two gentlemen in the court who have boon that way. The Resident Magistrate asked Mr. Colo what time ho actually passed the place? — Mr. Cole: 7 in the morning. The Court was then cleared, and after a long time had elapsed, it was re-opened, when Mr. Cole was addressed by Mr. Aubrey : You stated that you were pi'eparcd to make oath that you neither lighted nor caused to bo lighted any fire on Friday, January 9th. between the hours of 5 a.m. and 5 p.m., at or near the ACaori settlement in question. — Mr. Cole said : I am prepared to take that oath. Mr. Cole then took the oath as drawn by the Court. The decision of tho Court was that plaintiff must be nonsuited. The Resident Magistrate then told plaintiff that if Sir. Cole had not taken tho oath, he would have given tho case in his (plaintiff's) favour ; which view had the concurrence of Dr. Preston. Mr. Reyburn, however, would not agree with the statement. This case was thus brought to a close ; after which a subscription was entered into to give these Maoris some money, although the gainer of the cause, a white man, could not get his costs. I trust you will excuse the length of the roport, but T bclievo this claim to bo one of abominable fraud, from the entanglements of which an innocent white man has escaped only by the skin of his teeth. Such frauds ought to be fully exposed. Would not pakehas bo indicted for conspiracy in such a case ?