RESIDENT MAGISTRATE'S COURT,

Hawke's Bay Herald, Volume XXI, Issue 5345, 1 April 1879, Page 2

RESIDENT MAGISTRATE'S COURT,

Monday, Maroh '31. (Before R. Stuart, Esq., R.JL) DRUNKENNESS. Ole Christiansen, who was described by the polico as being a regular nuisance at the Spit, was brought up charged with drunkenness. He was fined 20s, or 48 hours' imprisonment. The fine was pnid. THE CONSPIRACY CASES. George Prior Donnelly and Joseph Price were brought up on remand from Friday last, charged with having conspired to defraud Renata Kawepo by means of the fictitious salo of tlio racehorses Otupai and Tawera. Mr Rees for the prosecution; Mr Cornford for Mr Donnelly ; Mr ; ] Lascollos for Mir Price,

. Tiii*e^?stWithdi^^^^^Me defence was • H|#y MfWk^P^W^' 1 : lam a booM tf alcei'/*.!rHav%>>Bna|olit six years i^ara'Sexpeiienw^lpraon^cacs-hdra&s. I a .s'alefol'-racii^tock at Hastfin^onl the 24th^bfFe^fary, 1877. It- • ,f&lfe/ races, on a. i-'SatyHaly.Vl remem^^: Otupai ' and ;^awsp;-tbßr%,i|)U^Rfc'Mr Miller, thoj^ ,' l auctioneer. Iv;tiiatf6r-?.O'fc'upai myself up^ : i to £550. I also bid for Tawera up to- - Mr Price bid £600 for Otupai. I t asked him what he wanted to bid over me > ion. He said because he wanted to take-' 1 the horse to Wangariui. I believe it was* the Maori who bought him. Both Otupai and TaWera were each handicapped. at Qst i 121bs for the) .Wanganui handicap. I saw [ the horses running at all the . races in Hawke's Bay. I thought Otupai could not lose the Wanganui handicaprjrl bid £450 for Tawera after Otupai Spas sold because I. thought he had a good chance for the handicap. The value of the Wanganui Jockey Club Handicap was £250. "' ; - } ' ' , ■■}:.-:- ■';• ,'.;'.} By Mr Rees : I have bought one qr two* race-horses in my time. Ijcannot tell the name of one. I have not bought » any in New Zealand. Ido not remember>whafc : I gave for any of them. Ido not .bank ,' anywhere 1 ; /I. carry my money in my . pocket. I had about £570 in niy pocket ; ' ; ; ■ on the day, I* bid for the horses. •/Very likely I won £400 or £500 at- the 1 faces at . . ; that time. I won £50^*01^ John Harris, /y for one. He is a bookmaker also.; ,' 'I saw .: him at the late. Napier races. . ,;,,' /> ."•■ ■:■_ James .Lyon, -deposed;: I reside at. -^ - Clive, and carry on' business at .Napier as ' \ auctioneer and stock and station agent. I have a sheep station at Kereru, I know ' Renata ; " : 'Kawep6' and the; defendants^ ; ' ; Donnelly and Price... I have had a good „ deal.of experience in horses fox* the last . : twenty' years. '1. remember 1 V fss|te of .-. .)- racing stock- by Mr Miller at Hastings in /*• February, 1877, at- which;^Otupai and ; Tawera , were 501 d. ..... 1. .had, seen those horses 'oi fc'ett ' oef ore' the [ sale, ' and knew them well. They hadvbee'n win'iiing races; .. , : at th© meeting jusi befbre 1 the; sale,. andl were spoken of by- many, people very. f .. favorably. I recollect a good, many paifticulars of the sale* 1 do 'not recollect '-';,;- --n-ho bid' up: to £600, but ,'/I : recollect Mr Price bidding ;• £60,0 f or . Gtupai. The v ' :> next bid was Jrpm- one. of theTe' Aute . ' Maonhf who ' bid £62i>. . I heard the bid ••;. . • : distinctly; !s \K?arina' '• 'then bid SJ6SO. •,■:-.':• Somebody bid £675, 'bat T- don't "ttgw . who it was.;. The next was the^final V*dy ; , .V made by'KarinaV it was £700. . I,kne#r; ; . , that Otupai and Tawera were nominated'/* >£ for the Wanganui graces, and Otupai for ,4 '-': ; Taranaki also. I think tho ; Wanganui ■ . : j handicap was about" £2s.o; ia* -value. V I i.do -/ ''/ \ not remember what the Taranaki. stakes. ' :- p. were. From what ;I ;-saw :6f "Otupai* anij ■ . .-,..;: Tawera'a runmng I . thought they.^could. „ not 1 help winning at ' Wanganui *' and ;• Taranaki, as they were' entered with.s uch: :; light weights. .My :.opinion . is, takisig; . .' their engagements and everything inta consideration, that they were up to the ; , value they were sold for. I saw 0 tupai r --. run for the Wellington Cup in. 1878. , He , ;- ; V was not so well handicapped as in Wan- ' ;;.;• ganui. The difference in weight was, as . far as I can remember, nearly , a stone. ;.,'-; Otnpai was placed third, by the judge for ;'.'; ,f the Wellington Cup, but 'Otupai' ran; - : %*\ second by more than half a. hejad^. 1 >;..;.;. lodged a protest, claiming ; secqnd'placefor;;, . . ;j. Otupai, on account of a jostle. 1 was in .^ :' ; .; : :^ i charge of the horses, with. James Murin. •>,,/>£ I was at Eangitikei with the , horses. :./- : They won £135 at Rangitikei, £90 at .;..,; : : Wairarapa, and £10 at Wellington, which . ; .. -■•"'; was won by Tawera for second place in ;.;; one race. I had offers for both horsesv • . at Jftfmgitikei. Wirihana Hunia wadted. ; -v : , to purchase Otupai. . He said Eenata,'-;; ,. ; . must give him the horse. I said X - . -': • thought Renata would chase Him with, it*; >J; ; I askedhim'if he knew>that Eenata gave: ;.. ;;; £700 for that horse. .He said, "I.don't; ; | care M l'll givehijn £1000 for it.". Ham- ? -<\' mond Brothers, in: Bangitikei, wanted to- „ .;^ buy Tawera. * They Are sheep farmers. ,;,:..; They asked me if the' hbi'^e was for^sale. 'g S. I said I did not think he was .5 that if he -V ;,■■.■ was for sale it would be somei^ipg over. ; i £500, as that was, the price gi ven V'.-^ Renata for him. They asked, me ttS try : -i;v:j aad.buy him for them when I returhgA- to ■ i _.;;» "Napier, as. they , wanted him for*" -the- r - s , season for stud ; purposes. ■ I saw .R,ena.ta , • - !j when Iretnrned at Omaliu. . That was /^J before the Wellington races.' I tol4 ?; him :f ; .;j I could get £1000 for Otupai, and lasked: ;.;..;: him if he would take £600 for ; Tawera.' He- said he would not sell either of/Jthe '. ;;J horses, because if he did there would-be --.'3M no race-horses for Hawke's Bayj and jthe Southern people would then take all' our . "J$M money. I recollect seeing Mr Miller, on. ;.>:!■ the day, of the sale, after he had J done , ;7jjH selling. ,He came to me,, and asked me ;-.^^B to go and get my bill, and sign a prpmis- '^l^B sory note for the mare Viilette,, which;. ;?^B had been knocked down to me. „He took me by the arm, and said, "Come, alongy^.-™ Lyon, get your bill, and sign your., pro- -vjH missory note, and save me 2d for post- ,;.)y^B age." J' said that I had bought the mai^iji^l for Mr. Donnelly; that there was . nJBj^S necessity for any promissory note or'an'y- •':;. :.-'.:'| thing of the sort I called Mr Donnelly " I over,' and said, " Miller warits me to pay -I for Viilette." Mr Donnelly said, ' 'That's- ; I all right, Miller, I've taken the raaife yck „ | from Lyon. Mr Miller. laughf/d ;: and | said, " Bother it, I thought,! had'n^ade " ' 1 such a good sale for you," or words to" that , ]: : m effect. He was in a particularly: "good , ■ humor at the time.. I paid Mr Miller ■ that day fora horse I bought at auction. ■ I gave liini a cheque for £15. (cheque pro-- .-M diiced), .1 think I gave the. receipt to Mr ; i-'U Kelly, to whom I sold the horse the same ■•; M d;iy. I never- received an account from ;H Mr Miller shewing that I had been ■-_ jB charged .-£IOO for the mare Villette. - 1 ~'W believe the account was mado out, but .. .;■ after my telling Mr Miller it was not . "" H given to me. . Mr Miller- is quite ; wrong -„)•-■ when he sayli lie did not speak io me, : '(■ about the mare after the sale. -fl By Mr Rees : I have iio J busines3 con.- ■ nection with far Donnelly." It was pn , . I the morning of the sale that I hij,d a con- - M vorsation with Donnelly about'- buying n M Yillette for him. He 'said he wouldnot w: H like to soil Viilette, as he thou^She '^ wa^'in foal. He- asked me to buj^ier in ; -"^B for him. I did not lino 4 the horses, were 4r)H for unreserved sale. 1 know that there - ; H were reserves on some of the; horses. ,". H There was a reserve of £600 on'Otupaij H £400 on Tawera; Tamatia £200, brovyn ■'% '■ colt £200, chestnut colt t:i00, bay year- :■ ling colt. £100, aud Viilette £150. ..1 i. ■ wrote the prices on an envelope I had.in " : .. ',H| my pocket that day. I fixed the reserves B for Mr Donnelly- that morning coming .: ' Hj over to the sale yard; Mr Donnelly.asked.. ' ;H me "to do so. V think Mr Donnelly wrote - ,^| the reserves down and handed them 'to ; . JH Mr Miller. I did not see him do it. Mr H Donnelly asked me to fix a price. It was, ; '-^M tlie first coiwersation we had had about -II the horses since the r,acGs, which wero ■ ._^M held the day before. Mr .Donnelly asked. ' . H me what price I thought he should get ; for the horses.' Ho did not ask me to ; H| bid for any horse except for the mar© :^H Viilette. Ido not see anything remark- .^H able in the owner of racehorses asking me, |H to fix the prices "and write dotvu the flfl prices to give to the auctioneer. I mado • three bids for Viilette, and one bid each - .Hj fpr Tawera, Tamatia, and the chestnut H colt. They were not knocked down to ; me. I bid £100 for the chestnut colt, .^m Mr Donnelly bid £105. I bid £250 for Tawera. Tamatia and Pohokura became ■ '^M my horses on the 7th September, 1877. I '^M paid for the horses by promissory note. ■■ (Sale note produced.) I bid^rejj times B| for Viilette, but. only one bid .►s» Mr Donnelly of. £100,. the last bid.' After I JH h.-id consontod to bid £100 lor Mr Don- •: nelly, 1 should have been- very if Viilette had been knocked dbwn to.me^^M at a lower figure. I was quite certain mKM would not b(j knocked down at a lower fl| figure, because the reserve was fixed .-at ■■ £150. I started the m.'ire at £25. Some- ;- ;^H budy bid £30, I thie» bid £35 or £40^ !■•

*%ire was £1340, including £100 paid to the sinking fir ad on the building. There is ?, very heavy list for the banco sittings of. the Supreme Court on Monday^ before Judge Johnston, and Judge

GREYMOUTH, March 27. Walnies Millar, accountant in the Bank of New South Wales, committed suicide this afternoon, in an out-house of the "bank by blowing out his brains with a revolver. The deceased had been at Greymouth seven or eight years, and "was well liked. He had been under medical attendance during the last month. His wife's illness affected him. He called into the bank yesterday, and quietly retired to the back, taking the revolver with him, without being observed. He leaves a wife and two children, the youngest being about a month old. The deceased was a kind-hearted little fellow, about 27 years of age. Except his anxiety about his wife's health, no cause is known for the suicide. March 28.

The jury at the inquest to-day on the body of W. L. Millar, late accountant in the Bank of New South Wales, returned a verdict of temporary insanity. HOKITIKA, March 28.

St. Mark's church was crowded yesterday morning on the occasion of the taking of the "White Veil" by two postulants. Long before the ceremony commenced there was only standing room to be got in the building. Bishop Redwood addressed the two candidates in suitable terms. After the addresses the imposing ceremony of the church was gone through, the effect being heightened by the excellent singing of the choir.: The proceedings occupied two hours.

The Supreme Court sittings are adjourned till the 3rd of April.

HAWERA, March 28. Many leading Kaupohonui natives state that they knew nothing of the action against the surveyors until the latter were turned off the plains. They are disposed to accept reasonable terms and reserves if offered by the Government, but until affairs are more definitely settled they are determined as hitherto to remain neutral. Titokowatu's tribe, however, seem cantankerous, and now with great glee boastfully, though good humoredly, relate their triumph. The natives really appear to have no intention of fighting, and are quite unprepared for it, but there is no telling what the matter may lead to unless it is nipped in the bud. Although he took no active part in the movement, it is quite evident that Te Whiti is at the bottom of it. A force stationed at Cape Egmont, about fortyfive miles from here, would aloue checkmate him, and would tend to remove the troubles beyond Opunake, otherwise Te Whiti and Pautaki will be sore for years to come. The survey parties are all removed up the mountain road, surveying the bush. The railway party have suspended operatious without native inter- ■ ierence. It is quite false that the natives are pulling up the surveyors' pegs and destroying their work. It is thought that the Native Minister, by firm and judicious action, and demanding a general meeting of all the natives interested, may settle the whole affair satisfactorily. All the natives absent from the meeting have a black mark set against them. When the reserves are printed this might bring them to the scratch. HAWERA, March 29. Natives who can be depended on say that if the surveyors are sent on the plains again they will be turned off, and if an armed force be sent with them, they will be met with an armed force by the Maoris. The matter is not to be played with, and the Government had better be prepared before anything harsh is done. The settlers are unprotected, and there is not a spare rifle in the district. There is only a small Volunteer Cavalry corps here, and the Waihi Constabulary would have their hands full holding the fort. If the worst came a volunteer corps of stout-hearted men could be easily raised, only time must be given; In consequence of the latest telegrams the Government have received from the Waimate Plains, the Hon. Mr Sheehan had determined to. proceed thither at the earliest opportunity. INVERCARGILL, March 30. Father Henneberry opened one of his missions at the Catholic church this morning. His address chiefly had reference to the uses and benefits of such missions. At the conclusion of his address he urged his hearers not to believe the mendacious telegrams that had been sent by the Press Association. He believed that if they attended his mission they would say he was not that firebrand he was made out to be. Considerable satisfaction is expressed here at the action of the Government in making Lumsden the starting point of the Mararoa railway instead of Dipton. It is said, that the flying survey to decide as to which of the two routes was the most suitable was a complete farce. It is loudly proclaimed that the Minister of Public Works was working in the interest of Dunedin in the matter. NEW PLYMOUTH, March 29. i. The Carlyle correspondent of the Herald telegraphs that the bulk of the natives have retired from the Plains land to the bush, which is looked upon as a sign of an intention to fortify themselves. It is well known that the chief Tauroa, who was forced into fighting in the last j war by Titokowaru, is in trouble at the present state of affairs, and is anxious to come with his people into Carlyle, offering to stand on the defensive with the Europeans if required. He positively refuses to join Te Whiti or to go to Parihaka, saying that he has suffered enough by war. The feeling of the settlers is that the Government should take a decided stand. Fighting is by no means desired, but there is a strong feeling that the Plains should be held, even at the cost of a collision. The settlers show a , r readiness to do their part, and approve of the firm attitude which the Government has so far shown. If men are sent as promised, in fair numbers, such confidence will be felt in the combined strength of the settlers of the district and the Constabulary that it is believed the Maoris will consider before taking further action. The announcement that the Government are determined to organise a force of military settlers to occupy the sections on the plains is hailed with satisfaction. The time for temporising is considered to be past. What is strongly desired is that the mountain road from New Plymouth to Hawera should be occupied by armed men, so as to isolate the Plain Natives from those inland, and as protection to the contract parties who are now forming the road, the settlers are ready to stand on the defensive if they are furnished with arms and redoubts are built at all the centres of population and for the plains. If vigorous measures are not promptly taken the natives will not stop at the plains, but will demand the whole of the land down to the confiscated line. It is believed that all the inland pahs are well supplied with arms, about which the natives who are bent on fighting boast. The settlers desire to be placed on a similar footing. The deter--1 urination to sell the plains land as advertised by the Government is highly approved. * OAMARU, March 29. About £50 has been collected here for m the Kaitangata relief fund. The man Madden, charged with assault arid robbery, was brought up at the R.M. Court to-day and remanded. March 30. The Hon. William Fox is expected here on Friday to lecture on temperance. The weathor is very changeable. Today a stiff nor'-wester has been blowing ; last week the weather was cold and blustery. PAIJytERSTON NORTH, March 28. It has been dec jde4 to hpld an inquest '

next Tuesday on the fire at the Palmerston mills. The insurances are distributed | between the South British, North British, New Zealand, and Victoria, £500 each. WANGANUI, March 28. It was a fine bright day for the re- , gatta, with a light wind. The Maiden Race for four-oared inrigged boats was won by the Wanganui Club, the "Wellington Stars second, and the Union third ; it was won very easily, the Wellington men being overmatched. The Senior Fours, inrigged boats, two miles, prize £20, was won by the Union, Wanganui second, and the Wellington Stars third ; this race was the event of the day, and was thought to be between the two local crews; the boats got away together, but the Union got the start, and led to the finish, winning easily. WELLINGTON, March. 28. Mr C. D. Whitcombe is authorised to recover amounts due by immigrants for passages to the colony. A meeting of the creditors of William James, cabinetmaker, was held to-day. The creditors seemed agreed that the debtor need not file. He admitted that the bank not unduly pressed him in regard to his overdraft, though he was somewhat pressed with regard to overdue bills. It was resolved that Mr Thomson Smith Todd should liquidate the estate, and pay quarterly dividends of 5s in the pound with 8 per cent, interest. Typhoid fever is prevalent in Wellington. Mr Reid, of the West Coast Times, it is understood, has given £2000 for the New Zealander* • A Gazette extraordinary announces the assumption of the Governorship by Sir Hercules Robinson.

It is understood that the Government, in selling 16,000 acres of land on the Waimate Plains, will depart somewhat from the original plan. It is now felt that the main object is to put settlers upon the land. Eight thousand acres of the block to be offered for sale will therefore be disposed of on deferred payments, the remainder being sold by auction for cash. Telegrams from settlers in the Patea district express the utmost confidence that the land will be eagerly bid for, and will fetch excellent prices. The New Zealand Times urges the immediate assembling of Parliament. A preliminary enquiry has been held at the Custom-house, before the Collector, into the cause of the wreck of the ketch Unity on North Reef, Cape Campbell, on her voyage from Lyttelton to Wellington. Captain Thompson, the master of the vessel, gave evidence similar to that recently published, and the account was corroborated by a passenger and two of the crew. The late Mr W. Millar, whose suicide has been reported, was a son of Mr Edward Millar, late manager of the Bank of New South Wales in this city. The Gazette contains a proclamation fixing the season fors hooting in Hawke's Bay from the Ist Apri fc o the 31st Julj , 1879. WELLINGTON, March 29. The New Zealand Loan and Mercantile Agency have received the following telegram,' dated London, March 27 : — "The wool sales closed firmly; 28,000 bales have been held over for future disposal; 24,000 have been withdrawn during the sales ; 18,000 bales have been taken for export. ■ The sales closed at a decline of a halfpenny to a penny per lb. The principal decline has been in crossbred, lambs, superior quality, and washed clothing and combing qualities. The' wheat market is quiet. Adelaide is worth 495; New Zealand, 475. Tallow is flat; mutton, 355 ; beef, 33s 6d. In the leather trade the demand is good; best-sides, 9£d." A Gazette issued to-day announces that the Governor will hold a levee on Thursday next. Also, that the Hon. Henry Stuart Lyttelton is appointed private secretaiy, and Captoin E. B. St. John, 35th regiment, A.D.C. to the Governor. The members of the A.C. force at Waihi have subscribed and forwarded through their officer, Captain Marshall, the sum of £5 18s towards the Kaitangafca relief fund. The report of the Immigration Commissioners upon the ship Boyne, lately arrived at Lyttelton, is published in last night's Gazette. The Commissioners state that they are unable to report favorably on the ship. The discipline was very imperfect, partly owing to the bad conduct of several of the single men and single women, and to the fact that a number of the crew, and also the baker of the ship, were engaged for the run out at los per month. Frequent quarrels among the immigrants and among the crew are reported in the surgeon's journal. One cause of the want of discipline, however, has been the sale of spirits, which formed the subject of a spetial inquiry. The Commissioners recommend the Government that the captain's gratuity of £25 be withheld, and that a similar amount be deducted from what is payable to the surgeon, whom they cannot recommend for further employment. Appendedtothe report are minutes of inquiry into the sale of spirits by the captain to the immigrants. The captain stated that he had the permission of the surgeon. The latter stated that he did, after being several times pressed, consent to the sale, provided the spirit were sold at the cabin door, and not more than a wine glass allowed each man. He superintended this himself in the presence of the thirdmate, but the demand becoming so large, he withdrew his consent. Several charges were brought by the captain against the doctor. One was that when the. latter's I services were urgently required for a women in labor, he was found in a state of stupefation, and it was impossible to arouse him. In reply the doctor stated that he had diarrhoea nearly the whole j voyage, and he took every night an opium pill. The Governor's reception committee j have decided, to invite his Excellency to a public ball, to be given in his honor by the citizens. His Excellency has accepted the invitation, and the ball takes place shortly after Easter. Mr Crawford, late R.M., left last evening in the Rotorua for San Francisco.

Professors Shand and Sale and the In-spector-General of Schools left yesterday for Nelson, where they purpose taking evidence as to the working of Nelson College.

It is the intention of the Government to put a further quantity of the Thorndon reclamation land into the market at no distant date.