TRIAL OF TITOKOWARU.

Lyttelton Times, Volume LVI, Issue 6474, 26 November 1881, Page 5

TRIAL OF TITOKOWARU.

[By Tblbobaph.J [PEOM OCa SPECIAL OOBBBBPONDEHT.] NEW PLYMOUTH, Nov. 25. About half-past ten this morning, Titokoworu wo# brought down from the gaol to the Court House. He was on foot, not handcuffed, and was escorted by two of the civil police. He walked with a firm step, and seemed quite indifferent to his situation. On being told to enter the dock ho appeared disconcerted, but after a few seconds walked in and seated himself on a chair. The only clothes he wore were a European blanket and Maori mat. Tho Bench consisted of Mr Bawson, 8.M., and two local justices. Mr Ptandish appeared for tho nominal complainant, Thomas Lloyd, hotel keeper, Mania, but in reality for the Grown. John Blake, half-caste, interpreted. Titokowara was undefended. Lloyd’s complaint was that at Mania, on Cot. 8, Titokowaru said: "1 will burn down Mania;" that on Oot. 18 he said: " I will burn down this whar£ (meaning Lloyd's Hotel), and kill tho women and children and that on Nov. 17, at Fort Bolleston, while a prisoner, he said to his fellow-prisoners; "Do you think my people will run away like these young men who are standing as a guard for us. The Europeans may, perhaps, have forgotten Te Ngutu o Te Mann and Moturoa. Thu is your day, but mine will come hereafter. Do you consider the Europeans a noble race P” Blake had commenced to interpret the complaint to Titokowaru, when it was discovered that he was not sworn, and the proceedings commenced de novo. In reply to too usnal question, Titokowara said: “ I admit the complaint." The Bench was about to give its decision, when Mr Standish contended that they ought to take evidence. After some discussion between Mr Standish and the Bench, Mr Bawson said: "Very well, we will enter up a plea of ‘Not guilty,' and hear evidence." This plea was accordingly entered up, and Titokowara informed (hat he had pleaded " Not guilty,” at which he appeared much gratified, wrapping his blankets round him as though to leave the dock, when the interpreter explained how matters stood. Ue looked puzzled but resigned. Thomas Lloyd gave evidence as to the threat alleged to have been made on Oot. 18. Witness bod not heard the words used, but was told of them, and calling Titokowara outside asked him what ho meant. Titokoworu said he did not mean anything ; it was all "gammon." The witness himself thought it was "all gammon," but on being further examined swore that he had reason to think that Titokowara might cany out his threat.

At this atage, an error in the information was discovered, and it had to be amended. The error was that the alleged offence had been committed in the wrong County. Arthur William Budge, Manager of the Bank of New Zealand at Mania, deposed that he was in Lloyd's Hotel, and neard Titokowarueay, in broken English and Maori: bum this whard. 1 will kill the H. B. Oookburn, blacksmith, Mania, deposed that on Oct. 8 he heard litokowaru say]: "I will burn Mania down.” Witness did not think he meant it. He was only joking. Titokowarn had been offended by Europeans, and was chaffing in return. Captain Northcroft (AO.), stationed at Farihaka, deposed that litokowaru had been taken into custody for not “dispersing” on Not. 17. When some of the prisoners were being removed to a large whare for safe keeping, litokowaru said the words set forth in the complaint. Captain Northcroft, in giving evidence, gave the words in Maori, and when asked by Mr Blandish to translate them into English, he was afraid he was not sufficiently a Maori scholar. He suggested that Blake, the interpreter, should interpret. As he spoke, Blake was commencing to do so, but as his interpretation evidently differed from that in the information, that document was placed in Blake’s hands, and he interpreted in accordance with it. Mr Bawson ; At Te Ngutu Te Manu, and Moturoa, Captain Northcroft, the Natives had the best of it ? Captain Northcroft: Decidedly; they were successful. litokowaru (on having this answer translated) : Kapai. Witness, on being asked to say whether he thought Titokowarn intended to convey any threat by the words ho used, said : “ No. 1 think it was mere bounce, and that there was no real intention to do any harm." There might be such an intention, but he did not think so. ~ Subsequently, when Mr Bawson read over Captain Northoroft’s evidence, ho road it as though the latter hod said: “I understood that he (Titokowaru) would take some lawless revenge. Captain Northcroft protested that the word he used was “ might," and appeared reluctant to admit that degree of apprehension. Titokowarn did not question any of the witnesses. This concluded the evidence, and the Magistrates retired to consider it. After an absence of about twenty minutes they returned, and Mr Bawson, addressing the interpreter, said: Tell him (Titokowarn) that Mr Lloyd has sworn his complaint, and we have heard evidence in support of it. Tell him that Mr Lloyd swears that he has just cause to fear that these threats will be carried into execution. Tell him also that ho has failed to show cause why— Mr Blandish here interrupted the Bench, pointing out that the defendant had been allowed no opportunity to show cause why he should not bo bound over according to the 89th section of the Act. Ho should be asked if he desired to call rebutting evidence. Mr Bawson, to interpreter; Ask him if he wishes to show cause why he should not be bound over, or if ha wishes to call witnesses to controvert the evidence given. _ The interpreter asked the permission of the Court to explain to Titokowarn the meaning of the legal phrase. “ Show cause,” and also what ‘ finding sureties” meant. Permission was given, and Titokowarn listened attentively to the interpreter, finally aekmg how much the sureties would be. Mr Bawson said he would learn when judgement was given. He then asked if defendant could show cause, &0., &o. litokowaru : I do not know anything about what has been spoken—that is all. Mr Bawson : Your are ordered to find two sureties in £6OO each, to keep the peace for 13 months towards the complainant, and all other Her Majesty's subjects, and you will bo kept in the common gaol of New Plymouth until you find sureties. Titokowarn was then removed to gaol.