ASSAULT ON NATIVES.

Northern Advocate, 31 October 1910, Page 4

ASSAULT ON NATIVES.

Herbert O'Rourke, who was defended by Mr Briggs, was charged with assaulting Henry and Jack Kake, two Maoris, on the 22nd inst.

Henry Kake said he was oppositethe Silver Grid, on the Saturday night in question, in company with his brothers Jack and Jimmy, and a number of other natives, when defendant came up to him and suggested that they have supper, the witness to pay, towhich the latter replied that he had no money, whereupon defendant struck at him. He eluded the blow and it. caught his brother Jack on the jaw. Immediately afterwards, however, he was struck himself and knocked senseless, and was injured to such an extent that he was unable to appear in Court on Monday morning. He maintained that he had given no provocation to defendant whatever.

Henry Kake was cross-examined at: some length by Mr Briggs.

Jack Kake, a younger brother of former witness, corroborated the evidence of the first informant.

Three other natives also gave evidence on the same lines as the former witnesses.

Henry Kake, recalled, stated that O'Rourke had approached him this morning and suggested that witness make the case as light as possible for defendant, who admitted that he had. acted foolishly, but Kake told him that the matter had gone too far.

Mr Briggs suggested that from Henry Kake's evidence it might be deduced that plaintiff was drunk at the time. He also referred to the manner in which the natives are accustojned to call a meeting when any such case is in view, and he suggested that they had called one in this case and had carefully rehearsed their evidence.

O'Rourke, in giving evidence ou his own behalf, said that he was walking home and Henry Kake asked him where he was going and then lurched towards him. He admitted that, he then struck out, hitting Jack Kake but did not know what followed the other blow which he struck.

Sergeant Moore recalled some pre-i# vious convictions against and stated that on the night in quesV tion O'Rourke had asked him for 2s, to which witness replied that it was only in a jocular manner.

Tom Brown, who was a companion of O'Rourke's, and Tom Auckrarn. who gave evidence as to the defendant's character, were also called for the dofence.

O'Rourke was fined £5 and costs,, which amounted to £4 9s, or one month's imprisonment.