RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXI, Issue 5339, 25 March 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

.; - . MoNDik,' March 24; t|j : . : ;' ;; (Elefore K Stuart, Esq., R.M.) . '(|(> :"/ ; ;- j1 " : ;&§{'' '::■"''■•■ Eiw'iafcD OHIXTBNDBN < ff was brbught^up charged with thisj: offence^ buty^liavingl^ - ! P\ been locked up since Saturday night, he ' was discharged. , : r-' ASSAULT. Henry Bishop was charged with having '.■-■ assaulted Henry Stairmand at Napier, on ' * Saturday last, . The defendant pleaded guilty. The plaintiff stated that defendant * ■ owed him 3a for paddocking. He asked him for the" money in Hastings-street on - Saturday^ and he said he would not pay I him. He them tried to pull plaintiff out v ?' fof the trap, and struck him several times. '- 'i-. He said nothing at all to defendant by way of provocation, Defendant Was : rather drunk «t the time, . and . very ■,■„ j eXcited 1 . . ■'.-.■ ,"',.,:^ ' ©onstable Byrne stated that he was on ,' • duty 1 iti Hastings-street oa Saturday,,,when he flflttr the defendant go up to. :^ plaintiff, and strttefe him in the face /< several times. , :, Defendant stated that he had put a r- | little pet foal in plaintiff's paddock in ' July last, and that it was so badly fed r that OW6 could almost "blow through. *- it.' 7 , . , .'";"- He was fitfed 20s or in default 48 j , hours' imprisonment. •'-.. • : THE CONSPIRAtff dMES. >'■■-' | George Prior Donnelly and Joseph' a - Price were charged, on remand, with having'/ on the 24th February, 1877, at Hastings/ unlawfully and' wickedly conspired and agreed together to extort money from Renata Kawepo by means of a fictitious 'sale of certain horses known; \ i as Ofcupai and Tawera, then the property ' ■'- j of the Baid George Prior Donnelly* Mr Bees appeared for the plaintiff? ftr Cornford for Mr Donnelly, and Mr Lascelles for Mr Frice. Mr J. S. Masteracted aa interpreter. : • Mr Rees having opened the- case _ai some length, called , , A ELarina, who deposed ; I know Renatf^ Kawepo, Mr Donnelly, arid Hirini; ! I remember some races being held at the Big Bush in February, 1877. I was there, ; \ Donnelly and Hirini were, there al/sj^,--' Hirini and myself went there in a coach/ We talked about the races. i Donnelly said Otupai was a K very good horse, and ; when we were coming back Hirini said something about the sale of Otupai. ) Hirini saw Renata about purchasing Otupai. Before that Donnelly said he- -■* would like Hirini to buy the horse; that „ he would not like it to. go to any other j';; person. Myself and Hirini then went to .'" ', speak to Renata. Renata told us to buy \., the horse. Donnelly told me to be sure' and bid for the horse. [At this stage of ; , the case an objection was raised by Mr Oornford that the evidence was not being taken down in Maori as well as in English. It was eventually agreed that the evidence should be taken down in both languages.] Karma continued : I had Borne coriver- : sation with Donnelly at Korokipo about the purchase of Otupai. • ll' was after Hirini and I saw Renata. Donnelly told me to be sure and bid, so- that, Hirini should get the horse, and he would v ; give me £40. I knew at that time '-* \ that I was to bid for the horse.; :; . Renata also told me to go arid bid for Otupai. Renata is an uncle of mine. I was Btaying at his place at the time. Xv-,-. - was told to go when the sale was going to take place. Donnelly knew that I was to> ' be sent to bid for the horse. He was a; friend o£ mine at that time, a,nd he told ! r me to go, and he would give me £40. ( The sale was at Hastings. Mr Miller was the auctioneer. There were, plenty. / of other horses to be sold. Most of these " were Mr Farmer's. Donnelly was at the _„; v ' sale. He spoke to me, and asked ,me * what was the price of Otupai. I said I did not care about the price being too much. • He told me it should be between .; £800 and £900. I told him I was - agreeable for £700. The sale had not commenced then. Nothing more Tpas said. I saw Otupai put up for sal^. Some white man commenced the bidding." 4 My first bid was £300. Mr -Joe Price v then bid £400. I bid £500. Price bid ,. , £575. I bid £600. Price bid £675. We were the only ones bidding at that . time. I then bid £700. Price had,;, finished bidding then. Renata had authorised me to spend at first between. C £200 and £300, but afterwards said it did not matter if it fetched more than £1000.- ' Hirini said to Renata that she was very desirous of buying' the horse. Donnelly did not tell me he was aware of Hirini having seen Renata. Donnelly spoke to me at the sale about another horse besides Otupai. He spoke about Tamatia, and told me I must buy that also. . I said I was not able to buy that horse. He did not mention any price. Tawera was also mentioned by Donnelly. I said Tawera was oae that I should like. He said the price of that horse would be £700. I said that would be too much. He said, < " Would you not like £600." I said thaty would be too much also. He then, asked/ me what I was agreeable to. I saicr about £500. . I bid £200 for Tawera. . Mr Joe Price bid against ... me, and also another white man. Price bid £300. I bid ,£4OO. He then bid £475, and I bid £500 and* got the horse. Renata did not know anything about Donnelly having offered me £40. He spoke to me about it afterwards. I never got the £40, or any part of it. I never asked for it, because he was a friend of mine, and I expected him to give it to me himself. Renata was angry when he heard about the £40. By Mr Cornford : All Mr Donnelly said at the races to me was about the horses being good horses. I don't remember the day of the week on which the races were held. There were two days* races. It was not long after? the races that the sale took place. It was immediately after the second day's. Aracea that I saw Donnelly at Korokipo, in his own house. He was sitting on a stoolin the parlor. I went to his house because he was a friend of mine. It was inThe t morning. I stopped to dinner there that day, and went away not long after. Mr Donnelly's sister and his mother r were present that. day. No one else was present. It was on a week day, and was the first time when Donnelly spoke to me about the £40. After leaving the house I went back to my own house at Omahu. No one went with me. I went on horseback. I slept at Omahu. I did hot go out again that day. No one was present when Donnelly spoke to rae about the £40. The talk about it was in his office. I remember getting home on the second day of the races. It was just dusk. I do not recollect what I did the morning after the races. There was plenty to do at that time. Renata did not tell me who I was to buy the horses for. Hirini was the first person who spoke to me about buying the horses. She said she wanted Otupai. She was present when Renata told me to go to the s.ale. Hirini took me to Renata, and then it was I was told to go to the sale. Renata told me not to take the £40, to leave it alone. It was in Renata's own house at Omahu, in his bedroom. There was nobody else present. I don't know how long ago that was. Renata was the first person who spoke to me aboi*t the £40.I don't know how Renata got>to knowabout it. I spoke to one person about it, but don't remember who it was. I do^not know whether it was a man or a woman. Nobody else has spoken to me about the £40 since Renata spoke about it The first bid for Ofcupai was £300, given by me. Pohuku bid before £200 odd. Mr, Price bid after me £400. I recollect all the bids for Otupai. After Mr Price's bid I bid £500. I wish to correct what i said. Mr Price's bid was £500, then I . bid £600, and after that Price bid £675. There was no bid between my bid of £600 and Mr Price's of £675, I told Renate

about my purchase when I came back to Omahu in the evening. There might have been other bids, besides Mr Price's and mine, which I don't know anything about. I know James Munn, a jockey. I saw him at the sale. He was riding about on Tawera. I did not speak to Munn about his having the horses to ride. I did not speak to him at all about the horses. They did not belong to him. I remember a quarrel between Renata and Mr Donnelly some time ago about breaking down a fence. I did not see the quarrel, but .heard of it. I went to Donnelly's house shortly after the quarrel. Iraia was with me. Hirini, Horoni, and Hi were standing at Donnelly's gate when we went in. We all went up •to the house together in the evening. 'While we were at the gate Munn passed with the horses, Otupai and Tawera. I do not remember any conversation in the dining-room. We were all speaking about Renata and the quarrel he had with Donnelly. The £40 was not mentioned. Mrs. Donnelly did not ask me anything about it. Ido not remember whether Mrs Donnelly asked me if I had said that Mr Donnelly had given me £40 to run up the horse?,. Ido not remember having said that I had said Donnelly had offered me £40 and that I had seen Maney, who told me to say so. I did not tell Mrs Donm illy that Donnelly had never offered me £4 0. I did not tell her that Maney wantec I me to say so, in order that Renata might turn round on Donnelly. I know nothim r , about any of this conversation. I did 1 'ot speak to Manaena Tini about the hor ses. I did not tell Manaena that Renata told mo to get Otupai, although Jie feteht -d £1000. The cai *c was at this stage (4 p.m.) adjourned fc ill 2 p.m. next day.