RESIDENT MAGISTRATE'S COURT, FOXTON.

Manawatu Herald, Volume III, Issue 87, 1 July 1881, Page 2

RESIDENT MAGISTRATE'S COURT, FOXTON.

Wednesday, June 29, 18S1. (Before Mr. Ward, R.M., and Messrs Thyane and Stewart, J.P.'s.) ASSAULT WITH INTENT. John Windle was brought up on remand charged with the above offence. There wera two charges. The one of assaulting ■Arihia Karena was taken first. Arihia K irena deposed — I live at Pokopoutou, on the other side of the Manawatu river ; the first time I saw the accused was the night he ran after me ; I do not know the date ; on the evening of that day Riria and I came to Foxton ; it was last Saturday evening I saw him ; Riria has pointed him out to me as the man ; I did not see his face that night, it was so dark ; the only reason for my knowing this is the man is because Riria told me so on Sunday, and because he rau away ; we saw him running away on Sunday, and my husband followed him ; Riria and I met a man at the boatshed on this side of the river ; it was after the arrival of the train, and we were going to our houses on the other side of the river ; when we got near the boatshed, the European caught hold of my clothes ; he had made me an improper offer, which I refused ; the man did not accompany us from the towa ; this was the first time wo met bin when he took hold of my olothos ;

when I refused he asked me twice more ; > he then sprang forward and struck me with J his fist three times, on the back of my hsad ; after this he went to Eiria, but returned to me, and dragged me along ; I asked him not to do so, he would hurt me ; he did not l«t go ; I then said, feeling exhausted, "Wait a bit, and I will go with you ;" he then let me go ; I then loosened my jacket and shawl, took them in my hand, and rushed into the water ; he sprang forward, seized my shawl and jacket, and took them away ; I then swam into the middle of the river, and thinking I might sink with the weight of my clothes, I swam back to the shore and laid flat down ; I did not know when my husband arrived; when I got to the shore I laid flat down ; when I got to the shore neither Eiria nor the man were there ; I was lying there a long time ; when my husband arrived, he said, " What has been done to yon ?" By Mr Hankins— Riria and I were not that night drinking at Howe's Hotel ; the last house we were in was Howe's ; we had lemonade there ; we started to go home when we left Howe's ; a man named Einga went as far as Burr's corner with us ; then he left us ; we intended to go along the river till we came to our canoe, which was above Adams' place ; we went by the river beach : I know the house at the corner near Mr Purcell's house ; it was just at the corner we met this man ; Riria was with me when I met him ; when he made me an improper overture, I made no reply but refusing him ; I did not accompany him anywhere, nor ask him for five shillings ; when I refused him he struck me immediately ; he sai 1 nothing to me about a pnrse ; I did not know whether he had lost his purse ; when he struck me I struck him ; Eiria •lid not strike him ; Eiria stood by, she did not come forward ; I called out to Eiria, but she did not-come ; I did nothing but call out to Eiria, and made no other outcry ; I did cr> out while we were scuffling ; I think I was lying on the beach for half an hour ; Eiria had gone while the scuffle was going on ; she went while I was being pulled about ; I was a long time in the water ; I cannot say how long ; I came out just above the ferry punt ; lam not in the habit of receiving money from other men . for improper purposes. I am not in the habit of doing anything of the kind — neither with Pakehas nor Maoris — you can ask my husband. (Laughter.) When he took hold of my clothes, he did not throw me down, but dragged me along. By the Court— He seemed to be angry when he struck me ; J had the clothes in my hand when he took them from me ; I did not get them back again. At this stage of the case, the Bench declared its opinion that there was not sufficient evidence to warrant the Court in sending the case to triaL The evidenoe showed that an assault was committed, but not with intent. Case dismissed. The second charge of assaulting Riria with intent was withdrawn.