Shooting a Maori's Kuri.

Gisborne Standard and Cook County Gazette, Volume I, Issue 48, 1 October 1887, Page 2

Shooting a Maori's Kuri.

THE OOUNTY COUNCIL MADE LIABLE.

Ar the R.M. Court on Thursday before Messrs Graham and Matthewson, J.P.s, Komaru sued the County Council for £2O damages, value of A dog shot by Dover, Dog Reglstra? at Waerenga-a-hika. Komaru deposed: He remembered Dover shooting his dog at- Turoa (Waerenga-a-hika), the dog being tied up to the house at the time. The dog wns registered. Dover had cut off and taken the collar. (Receipt for two dogs produced, this dog being one.) He had. the other collar (produced), On the application of Mr Rees Mr Dover produced the collar he had taken, it being of a different number. Examination continued: That was not the collar Dover asked if that was his dog and before Te Kani had time to reply he shot it. It was a good pig dog. To Mr Macdonald 1 He had Revel' removed the new collar from the dog's neck. He did not know what Dover said, but thought he was going there after other dogs. Saw him preseat the pistol, only killing the dog in the third shot. Told him not to shoot the dog, because he had a collar on him. Dover asked him was it his dog, and then shot it. Had not heard him ask Wi Pere whose dog it was, To the Bench i Dover unbuckled the collar.

Te Kani: Was atWaerenga-a-hika at the time and saw the aog tied up, and also saw Dover there. Dover went in where they were, having two dogs in his hands. He asked whose they were and then went outside. He asked whose dog was this (Komaru’s) and he said he thought Komaru’s. Witness called Komaru and was putting it into Maori when Dover shot the dog, all he said being “ Now or never.” He killed the dog after firing three shots, taking the collar away and cutting off the dog’s tail. Komaru entreated him three times to give the collar up and Dover said if he came any nearer he would shoot him too. He alleged no reason for this. Should think it was a good dog. To the Bench: Dover did not examine the collar before he shot tbe dog. Dover was a “ little bit on ” at the time. To Mr Macdonald; Did not actually know the dog was Komaru’s. Had heard Dover ask whether the dog was registered, and as he was interpreting it he (Dover) shot the dog. HohepaWaihore deposed that Dover caught the dog at Ormond, looked at the same collar and then at his book, and said the dog was all right. He did not see the shooting of the dog, but heard that it was the same. Petua Peta gave corroborative evidence. Dover did not look at tbe number of the collar before he shot the dog. George Rowley deposed that Te Kani told Dover he had no right to shoot the dog there, and gave similar evidence to that previously given. Counsel for defence, before going further, would apply for a nonsuit on behalf of the Council. The evidence was that Dover had wilfully shot a registered dog, against the instructions of the principal. ihe Bencn preferred hearing tbe evidence first.

J. Warren, County Clerk, deposed : Had found Dover a very zealous registrar of dogs. Had heard no complaints against him. When acting as registrar himself he found the greatest difficulty in getting dogs registered. (Collars produced and compared with numbers.) James Dover, Registrar of dogs, de* posed : He went into the whare, and asked Wi Pere who owned the dog, The latter asked what he wanted it for. Witness said “ You know very well ” and then, “ Unless you tell me whose dog it is I will shoot it.” By this time several Maoris came rouna, but no one would give him an answer, Komaru was there then. Wi Pere refused to tell him whose dog it WM. He was told it belonged to a man at Kotara, Did not heat anyone tell him before he shot the dog that it was Komaru’s. He did not understand Maori, and could not understand if he was told in Maori that the dog was registered. Neither Wi Pere nor Te Kani would give a satisfactory answer. He shot the dog becau*o he thought it was not registered. If they had given him the name of the owner he would have left the dog untouched and given them notice. He gave them about three minutes to consider. He had to fire three shots because the Maoris interfered with him. The collar he took off was not 411. He had always considerable trouble at that pah and at all the pahs near Gisborne —indeed he bad been threatened with his life. Wi Pere always tried to deter him in his work Mr Rees objected to insinuations being made against absent persons, the Bench coinciding. To the Bench: He might possibly have been mistaken in the collar. Mr Macdonald contended that the Council was not liable, and that Dover was justified in doing what he had done. Mr Rees contended that it was, and that the evidence of all the other witnesses must hold good as against Dover’s. He was surprised that, the Maoris had been so patient with the Registrar. The Bench felt reluctance in giving damages against the Council. The Registrar had very important duties to perform, and no doubt had many difficulties to contend with, but in this instance the evidence was clearly against Dover, who had admitted he might be mistaken in the collar produced. Judgment for £6 ss.