ESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXI, Issue 5345, 1 April 1879, Page 3

ESIDENT MAGISTRATE'S COURT.

Fuiday, March 28. (Before R. Stuart, Esq., JIM.) ASSAULT. George Jackson was charged, on the information of Watene Te Hapuku, w.ith having assaulted him at the Spit, by strikine; at him with a knife, on the 26 th instant. Mr F. E. Hamlin interpreted. Watene Te Hapuku, the complainant, stated that he resided at Te Aute. He knew the defendant, who kept a boardinghouse at the Spit. He went to his house, with others, on the evening in question, to get a meal. After he had sat down to table the defendant asked him to hand him the sugar. He proceeded to do so, when the defendant struck at him with a knife that he had in his hand, and cut his two fingers and thumb with it. He then made another blow at him, and upset the sugar basin. Matene stated that he was with Watene at Jackson's on the evening in question, and witnessed the assault made on him by defendant. Watene gave the defendant no provocation. The arresting constable gave evidence that he was sent for to arrest the defendant. When he arrived at the house he found Watene's hand bleeding from the effect of cuts made on it with a knife. The cuts were not very deep ones. The defendant said the whole affair was the result of an accident ; that he merely endeavored to prevent Watene from messing about with the things on the table, as the Maoris often do. He had no intention of striking him with the knife. "His Worship said that as the charge did not appear to be a very violent one, he should let defendant off this time. He reminded him, however, that he had been up before him on two previous occasions on other charges, and cautioned him not to appear in Court again. Defendant : Thank you, sir. THE CONSPIRACY CASES. The hearing of the case against George Prior Donnelly and Joseph Price, brought by Benata Kawepo, was resumed at 2 p.m.' Mr Rees for the prosecution ; Mr Cornford for Mr Donnelly ; Mr Lascelles for Mr Price. Eenata Kawopo, cross-examined by Mr Cornford : I did not say to Mr J. P. Hamlin that the pakeha who had told me in a letter that I had been swindled in buying those horses was wrong. I did not say anything of the land to Mr Hamlin. I did not tell Mr Hamlin that I saw, since the running of my horses at Rangitikei, that I was right in buying them. I did not, in the month of April, 1877, speak to Mr Hamlin about a letter mentioning Karma and £40. I do not recollect telling Mr Hamlin that I was satisfied with the purchase of the horses ; that I owed Donnelly the money, and was going to pay him. I did not read to Haroini and Maora, shortly after the sale, a letter about Karma and £40. I did not read that letter to Haromi, and tell her that it had been written because I had done with Maney and taken Donnelly. It was about the middle of last year I determined to take proceedings against Donnelly about the sale of those horses. I was displeased with the horses bacause I heard that it was a swindle. A great many people, both pakehas and Maoris, told me it was a swindle. I asked Karma, and he owned to it at once. It was immediately after the sale when I first asked Karma about it. I have asked him since. I commenced action at once. I went to Mr Roes, my solicitor, about it. If any person had asked me to sell the horses, I might have sold them if he brought me the same money I had paid for them. No person ever offered me as much money for those horses as I had given for them. I know James Lyon, of Kereru. My own man, •lames Munn, took my horses to Wellington and Rangitikei last year. Lyon went with them. I sent two. Lyon perhaps went with his own horse. I did tell Lyon to look after my horses for me with Munn. I recollect Lyon bringing me back accounts of the- money the horses had won. Lyon did not then tell me that he could sell those horses for me ; nor that Wirihana Hunia wished to buy Otupai. A letter came from Wirihana, who is a grandchild of mine. The subject of that letter was that he, according to Maori custom, wanted me to make him a present of the horse. That letter came by post. I know the difference between a telegram and a letter. He was merely asking me for the horse, not offering money for it. That was the only telegram or letter I had from Wirihana about the horses. I do not remember Lyon telling me, when he brought me the accounts, that Wirihana would have given £1000 for Otupai. Where could he get the money from? Ido not remember Lyon's mentioning Wirihana's name. I do not know about Lyon telling me that a pakeha named Hammond would have given £600 for Tawera. Ido recollect a meeting at Oraahu about two months ago. I remember seeing Manaena at that time in my sitting-room. I don't know anything about telling Manaena of Donnelly's action against me. I don't remember telling Manaena about the summonses Donnelly had served against me. Manaena is not a particular friend of mine that I should tell him of all these things. J did not ask him for his opinion about these actions. I don't know anything about telling Manaena that I was quite willing to pay Donnelly what I owed him, but that my lawyer told me to take it to Court. Why should I tell those things to a man who I knew was my enemy ? That closed the case for the plaintiff.

Mr Cornford, on behalf of Mr Donnelly, submitted that there was no case to go to a jury. If His Worship wished to hear evidence for the defence, he was prepared to bring it forward. Mr Lascelles, on Mr Price's behalf, also thought no case had been made out by the prosecution. He submitted that there was no evidence whatever of any conspiracy on Mr Price's part. His Worship thought there was a prima facie case to go to a jury. He then read over the information to defendants, and asked them what they had to say in reply to the charge, to which they replied, through their solicitors, that they would make no statement at that time.

His Worship : Then you reserve your defence.

Mr Cornford : No, your Worship ; we intend to call evidence for the defence, although we hardly know what we have to defend. He then called

Robert Vallance, who deposed : I reside at Christclmrch. I have been a proprietor of race-horses for seven or eight years. I profess to know something of the value of racing stock. As a general rule, they may be considered fancy property. I know the racehorses Otupai and Tawera. I saw them at the Wellington races last year, in January, 1878. Otupai ran for the Wellington Gup. He was placed third by the judge, but it was supposed by most people that he ran second. The value of the Wellington Cup Ido not knowo It was advertised at £500 with a sweepstakes added.* Lara

won the race. Trump Card ran in the' race, and was placed second. It.^as^ very close run, only about a head between them. I know a good deal of the prices of racing stock. The horse Trump Card : was bought just before the Wellington races for a high figure. He was bought privately. I don't know the amount.^ I placed a valuation on Otupai at the time of the races. I and another had an idea of buying him. I should have given £500 for him. That was the first time I had seen the horse. By Mr Rees : We did not make any offer for the horse. We were prepared to give £500 for him, but we heard we could not buy him from the natives without giving much more. The reason we thought of. giving iJSOO was because we thought he was a good horse with light weights, and lightly handicapped for his engagements. The value of a horse for stud purposes is his breed. I think that was in February, 1878, when we thought of buying Otupai. He was not engaged anywhere South at the time. Trump Card carried 7st 131 b ., and Otupai, I think, 7st. 61b. Ido not | know Otupai's pedigree. We would have ! bought him because we thought he Avonld be a good horse for racing. 1 don't think Otupai is such a good horse as Piniire. My opinion of Otupai is that he has never been properly trained. I sold Piafire for £400 in Auckland, to be scratched for the Wellington Cup only. He had just won several races, and was likely to be heavily handicapped. I bought Pinfire "back at £550, because I found he had light weights. When I thought of offering the £500 it was a consideration in my mind that Otupai was a horse, not a gelding. When I bought Lara no money was exchanged. I gave Danebury for Lara. I gave 525 guineas at auction at Christchurch for Danebury, in 1878. I valued Lara at 400 guineas when 1 gave Danebury for him. I think Lara is a better horse than Otupai at the present time. The case was then (4.30 p.m.) adjourned till Monday, at 11 o'clock.