ALLEGED HOUSE-BREAKING AT STRATHMORE.

Hot Lakes Chronicle, Volume 4, Issue 188, 8 July 1896, Page 2

ALLEGED HOUSE-BREAKING AT STRATHMORE.

Information- dismissed.' At the Police Court on Friday fast before Dr Ginders and Mr S. T. Brent, J.Ps.. a native named Rewiti Ku'iti of Ohaki was charged on the information of Edward Douglas of Matamata with having about the 17th Janu.ary last broken into' and entered his dwelling-house at Strathmore and stolon therefrom two windows, five bags of chaff, one cow's bell, and one bullock'bow the property of informant'. Mrs Foley interpreted the charge' to accused who answered to liis bail.

Constable Murray stated to the bench that as the expense of this prosecution woidd fall upon the' Government lie had considered it. his duty to make certain enquiries the result of which lie would lay before the Court. After taking Jhe informal ion. which as 7 a police officer he was bound to do, lie had telegraphed to the police in Napier giving them particulars and stating that though Pouglas.had called the house his property lie liad.bedh informed that it belonged to My Baker of Napier. Ho asked that Mr Baker should be questioned as to .his interest ill' the property and if Rewiti had any .authority from him. Ho received a.reply stating-" that Mr Horace Baker of Napier held a power of attorney over Stratlimore from the owner Mr Thomas Baker, .of Grdat Yarmouth, England. Rewiti had been given charge of the property by him last Christmas and had authority ?o act as Tie had done - Douglas had no authority fo take proceedings. The Bench considered that if a question regarding title to the property was to be raised they had no power to deal with the matter. The telegram produced 'implied that smell would be raised. They would however hear what the prosecutor had to sav.

Edward Douglas stated that about two years ago lm bought the lease-of the property from Donald Ross who had leased it from a native named Te "War.L He subsequently occupied tlie land. Finding however that liis title was not good he prepared to leave. Before doing so he heard that Horace Baker was agent for the owners and wrote to liim stating his intention, of leaving and advising him to send someono to take charge as the natives were ready to "pop in" and take possession. He received a wire from Mr Baker in reply which as near as ho could recollect ran as follows:—" Onder power of attorney I give you possession of Paeroa East, No. 4 8., to hold possession at any oust for tlio owners who are in England." That document was at his house in tlio Ywiikato. He had also been in correspondence with the owners themselves who acknowledged that he was in possession, but stated that if lie was to continue it v.-ould only bo fair to offer a small rent. 1 to had replied to this but received ilo answer. Dr G:ndcrs: Was this prior to last Christinas ? Witness : It was two years ago. Dr Cinders : It in .slated that Rewiti was appointed to take charge last Christmas. "Witness : I had no letter from anyone notifying the same. Nt did Eewiti notify inc. He simply came and broke

[ into tlio pluce. I consider that I inn rej sponsible for the place and everything in I it.

Dr Ginders: When you were told that you were expected to pay a. rent did you offer any ? "Witness : No, I did not.

Constable Murray thought that their Worships could see that a case of this description could not be brought befiie a jury.

Tim prosecutor stated that if Mr Balcer himself had come and done what Bewiti did he would have taken action against him.

Bewiti on b6ing asked if lie had any authority from Mr Baker to act produced a letter from that gentleman dated December Vast, giving him authority over the land and stock also power to turn off any trespassers and take possession of the buildings. It was stipulated th'at any crops thf*n growing should belong to the parties sowing them and that they should have permission to harvest the same and enter (m the property for that purpose. This was signed by Horace Bal??r, agent for Tli6iuas Baker, of Great Yarmouth, England. lie also held a wire and a letter received recently f eferring to the same thing: The' prosecutor stated that he li'ftd be£n forced: t6 keep a man at the place at considerable cost. Mr Baker had given over the place to Kewiti in order to get rid of witness: Ho would not give up the place either to Bewiti or till the latter went legally about it. , At th 6 request of the b£nch Bewiti produced th# letter and telegram frofn Mr li'aker referred to. The telegram was as follows: "Douglas has no standing; he must the Case: My evidence can be lalen here. I have sold the property;" The lettejf stated.that the property had been sold to Mr H. Butcher, who Would t.-ike possi'ssion on July 16.

After ibrisideratiori the beiich stated that it \Viis evident, that Rcwiti was acting under authority from an efriployer; that Douglas had his remedy by civil process and that the' ca'se would therefore lie dismissed.

A second info'rfnafiOn charging Rewiti with stealing seven gates and 50 chains post arid wire fencing was als6 dismissed.