SUPREME COURT.

Hawke's Bay Herald, Volume XXI, Issue 5559, 10 December 1879, Page 3

SUPREME COURT.

Tuesday, Decjemker 9. (Before Judge Richmond.) r ; : IIORaE STEALING. : ' ' ' David Nelson, who on the previous clay pleaded guilty to horse * stealing, Wa3 sentenced to. six months' imprisonment with hard labor. His Honor, said he should have dealt more severely with, him were it not for the fact that, the offence was committed previous to a former trial of his for what was really the same offence. At his previous trial he should have been tried for stealing three -horses- instead of two ; therefore the present sentence would be something-m the shape of an addition to the former one. ASSAULT. Renata and Hapi were brought up for sentence for the assault upon James Richardson, and each was sentenced to six months' imprisonment with hard labor. His Honor addressed them, telling them of the gravity of the offence of which they had been convicted. He did not think the assault was the result of any ill-feeling towards the pakeha,- but that it was done' suddenly, and in a state of madness with drink. He believed that rum, "which was the cause of so much evil among • them, was the origin of the offence. • FORGBRY AND TOTTERING. George Henry Stuart, who pleaded : gnilty to a charge of forgery and uttering, . was sentenced to imprisonment in the common gaol at NTapier for one year. FORGERY. ' ' Taraia te Kaihi was indicted" for feloni- - ously forging a certain deed at Gisborno . on the 17th October, with intent to do- ' fraud ; and Taite te Hoko" Moke was indicted for 'feloniously aiding and abetting Taraia. ; Prisoners, who were undefended, pleaded not guilty. . , Mr F. E. Hamlin interpreted. It appeared from the evidence of Mr ■ John Brooking, clerk in th© Native Land Purchase ; Department .at Gisborno, j ihat* iii October last the Grown was ,en- ! gaged in the purcji'a'se of a block of. land- ' known as Waihora" No. 2; one. of the owners being Erii Maranga, and another a sister of the prisoner Taite. The prisoner Taite came to the office and said his sister was dead, and asked for the money. "Witness told him that he must apply to the Native Lands Court to have his succession claim decided, arid made out an application for him which was forwarded to the Court. The sister proved to be still living. Taite after some conversation went out and then returned with the other prisoner, who Avas represented as Eru ; Maranga. After he had been I ' identified I by a native clergyman as Maranga the : sum of £13 15s was paid to him, he' sign-! ing his name in/Mr Greenwood's office as i Eru Maranga. ■ Nothing, .was said about rprisonora merely acting for Eru Maranga ; — witness was ledto believe that Taraia! was Maranga. Other evidence corroborative of \lia.b oi '-•Mr Brooking", and showing that the latter; took great pains to assure himself of; Taraia' s identity, was gi von. ... ,;• j Kerehona Te. Whaka, a native clergy- 1 man,' said tha.t when 'he identified 'Taraia' both vpr'isoners •. were ■ about thirty. , yards! away. Witness had not seen/ MariingaJ since the rebellion in Poverty Bay, rand made a mistake in the identification. He was confirmed in his belief ' that -Taraia 1 was Maranga by seeing :with him Taitej who was Maranga's younger brother. i Tnraia, in defence, stated that he waa offered £1 to sign the name, of- Eru Matanga, but he did.nofc get the money. ; His Honor, in charging the jury, said the case was rather a novel .one, being the first 'of the kind against -Maoris in his-exj-experience.; The feature .in, the case was .that.: the prisoners practised!" '.fraudulent personation. It was. iiot,like i a.' common case f oif one, Maori signing for a younger brother ior other relation,- one having distinctly brought the other to the office foiv the purpose -of personation. '• If :>the witnesses were to be believed thetfe was ii piece of conscious fraud. -Maoris did not look at forgery as Europeans did, and therefore- the . prisoners must be. taken as being comparatively, ignorant' upon, such a matter. . . . ... After a short deliberation, and without leaving the "box, : the jury returned a verdict of guilty..- , ■' ,;-..,:...-' 1 His Honor," addressing the prisoners, said Taite Mar'ariga waß the principal ofiender, having led the- .other, into the mischief. The offence was a' very grave one, and could be- punished by imprisonment for ; many, . years. He .would deal with! him leniently' , on the " ground of his ignorance, but if the offence were repeated it would be dealt with severely. Taraia had made himself the instrument of another man's fault;, but it was very i plain to him (Bh Honor) that he knew that ho was acting, wrongly, though he might not know tho gravity of the offence he Avas, committing, He would sentence: Taraia to three mouths' and Taite to six months' 'imprisonment, both with hard labor. . , ! ■' ■.> 'xJ-M'.. . ]. ■ ■'■ CRIMINAL OFFENCE. Meta, a Maori, was indicted for a criminal offence with ; a : Maori girl under :; the age of 12 years.' ■/'-■■ t : ~ Prisoner pleaded not guilty. -.. Mr,F. ; E. Haralin acted as interpreter. j "' The evideiitfe as to,,the. offence _ was of course riot fit 'for publication. ' ' : -

Constable Fatrick Smith deposed, tha he arrested r the prisoner' on the 20th o October. Prisoner at first denied! tha his name was Meta, but afterwards whei witness took him to an interpreter he ad mittecl that that was his name. H*e ac knpwledged that he knew the girl had beei injured, but otherg, he said, had been a bad as himself. That was said in Maori and witness dM 'not tfnderstand the lan •guas;e sufficiently, to be able to any tha . .that •'sras actually wha'ttn'e prfooner stafed but it was i so interpreted by the interpre ter. Next day- witness took the girl to thi doctor. „-: • ■; .■■ . . His. Honor summed up, in the course o: which he asked the jwry to absolutely ex elude, the prisoner's admission of guili deposed to by Constable Smith, as he,hoi understanding Maori, could not possiblj #iVo evidence of what was said in thai language. _■•'''■■ . The jury retired, and in about ter minutes returned with a verdict of guilty. Tliepnson'er'wasr'em.'mded for sentence until the following day. ' : ■ LAB.C&fti''. Ellen Brodie was indicted for stealing a quantity of wearing apparel and other articles, the property of Richard Henry Clist, of the Pacific Hotel, Hayelock. The prisoner, who pleaded not guilty, was undefended. ' . ■ ; Martha Clist, deposed- to • the prisoner ! having been A servant in her employment, and to the finding of the articles of wearing apparel' belonging to the witness in the prisoner's box, and identified the articles produced. :A ndrea List, laundress, deposed tohaving received for washing certain articles of wearing apparel from the prisoner, which -articles were afterwards claimed by Mrs , jClist as her property. ■Mary Kelly gssve similar evidence. Constable Raymond deposed to searching the prisoner's portmanteau and finding some articles of baby clothing in it which were claimed by Mrs Clist. ;Detective Gra«e deposed that the articles produced in Court wei'e in the same condition as when- he had received thorn from Constable Raymond. ;His Honor having summed up, the jiiry, after about 20 minutes' deliberation, returned a verdict of guilty, with a recommendation to mercy on the ground that it was the prisoner's first offence. The prisoner was sentenced to six months' imprisonment with hard labor. ' The Court was then adjourned.