RESIDENT MAGISTRATE'S COURT, WAIPAWA.

Hawke's Bay Herald, Volume XXI, Issue 5282, 16 January 1879, Page 2

RESIDENT MAGISTRATE'S COURT, WAIPAWA.

Tuesday, January 14. ; < (Before B. Stuart, Esq., R.M.) The Bar was represented by Messrs Lee and Lascelles' of Kapier. ; Mr J. P. Hamlin attended as Maori interpreter. ASSAULT. An information was laid against Eobert Oarnell, alias Campbell, for that on the 2nd day of December last he didunlaw- . fully assault and beat Margaretta Puupuu, half caste woman, who gave evi> dence as follows : That she with two 1 Maoris met the defendant on the day stated, on the road between Messrs Stokes station and Waipawa. The defendant was a bullock driver, employed by Mr Hastie as manager of the station. The witness was on horseback, and the defendant, who was on foot, stopped her by seizing the reins, which he, broke by his violence. He pulled her off her horse, being assisted by another man. The horse broke away, and she had riot seen it since. She then ran to her own companions. Defendant caught the horse and kept it close to his bullock dray. She tried to get back her horse from the defendant, but did not succeed. Nothing was said by the defendant about payment for carrying a swag for her. This statement was confirmed by three Maori witnesses, who asserted they were present and saw the affair. On completion of the complainant's * case Mr Lee, on behalf of defendant, submitted to the Court that the story was made up by the Maoris to forestall a complaint the defendant had said he would . make against them, contending that it was ridiculous that the small riian that ' atood in the box should be able to com- . ; mit an assault upon the stalwart woman - who stood a head and shoulders above hunf/^ and was under the protection of thre*O| mounted, aboriginals. The learned 6oun-: ; sel then called ■■;/«,*:-«;: The defendant, who on oath denied the ;-i truth of the complainant's statement ,-. When he met her he asked her f or ; v 10s for carrying a swag for her. Whilst^ he held the rein of the horse, she hit-bintflc and used vulgar language. As he would; :|fi not strike a woman, he endeavored to 'x&t M turn the blow on a Maori man -balletkl^ Brown, but Brown prevented him "ju£plk struck him with a stick. He aubsequei^Ril took the horße belonging to Margarettaln&! the pah at Waipawa. '3'^^ A witness on behalf of the plaintiiF^hlpj& was preEent at a former Court when'itKelll hearing was adjourned, could not T be^ found to give his evidence on the preß«it>^ occasion. . ".7 „.; w ^| Defendant was fined 40s, to be pai<f in lK seven days, with costs £3 4s 6d, in default!^ 14 days with hard labor. !' -T'^S^ Iraia Ropiha v. Adair, and Maix^liu Iraia Ropiha and another* ' TifeS^ By consent of the solicitor, the evideio|^f|c; in the cross action was ta^en in r6Bpectj ®- to both cases conjointly. . Mr ■ ' Adairtirit| the landlord of the Porang&au Hotalp& and during the Christmas holidays -(^ljjplp December last), some natiyes^ejatef^ifl the house and called for • ."•jirinii^p which were supplied. Theipatifeß^l swore that a one-pound note was deUyereaK||; to the defendant Adair in payment, wliidiKl Adair as distinctly, denied; The; olhang|g| was demanded and refused, whereupoiil^ the Maoris threatened to seize liquor ans§f break bottles, and proceeded to get insid^;! the bar for that purpose. Adair thenlwdi^ hold of a gun which was close at. hand|S;l: and unloaded, and in self-defence struclctfwith it one of the natives in the face}^- fd causing the blood to flow freely. -fit f The Bench considered, the charge!^ against Adair proved, and fined him .40Jf|S and costs. The counter-charge againltj^ the native was dismissed. SSCftS Olley v. Stewart. "'*-%£§. On the information of the complainMi^4 defendant was charged with an assault^;* Mr Olley is a butcher, and Stewart wa»jhi|^ ? man. Stewart was told to go, but \hl^-. would not leave his master's aernc&rf They quarrelled and exchanged a little^ i horse play, so the Bench dismissed $pLj case, directing each party to pay his bWS | costs. Mr Olley's application to bin3,f::| over the defendant to keep the peace waaf | discharged. • il About 20 summonses were taken oufej- i by the dog tax collector and 10 civil .caß&f| :; | remaining on the cause list, the 06urfe|vi was adjourned till Monday next, the 20tHf#! inst. , at 11 o'clock. V tZßizi In consequence of the increasing.buw^i^ ness of this Court his Worship intimat©^|i| that he intended to arrange for the hoM?;; ; S% ing of two Courts in the month inste^dJsHi|; one only. ■ - 'I. . - : ' : .w ; .*.Sl: