RESIDENT MAGISTRATE'S COURT, SHORTLAND.

New Zealand Herald, Volume IV, Issue 1189, 5 September 1867, Page 4

RESIDENT MAGISTRATE'S COURT, SHORTLAND.

Monday, September 3. (fbom ona oITK correspondent.) (Beforo James Mnckay, Esq., E.M., Allnn Baillie, Esq., J.P., and Taipari Hauteraro (or Willoughby Sbortland as ative Assessor.) DISTUEBINO THE PUBLIC PEACE. Lowis Lewis, a European, Meke and Wiremu , Hercmia, two M aoris, were cliarged by constable Wallace with having on the previous day disturbed the public peace, contrary to the statute in that case made and provided. I/owis and tko native Mete pleaded not guilty. John Wallace, sworn, doposed that he was a constable in the Auckland Armed Police, now on duty at Sbortland. On the previous afternoon I was on the beach near the landing place. There was a good deal of disturbance going on about a Maori woman, whom the other natives were taking forcibly away in a canoe. After tile disturbance about the woman was over, X saw Wiremu Heremia in the act of pulling off his shirt, and it was my impression that he was going to fight. I ran forward to him, and was attempting to prevent him pulling off his shirt, when the prisoner Lewis rushed past me and struck the prisoner ; Wiremu Heremia' in the faco. ' The prisoner Moke then rhß'hed at Lewis, caught him by the ■

hair of the head, and struck him two or three times. Just at this time almost *11 the Europeans and Maoris present got into a melee, and several of them rolled into the water, but whether they were aiding Lewis or the Maoris, or trying to stop the fight, X cannot say. On getting so far in the creek, tho three prisoners were separated from the rest, and got into the creek out of their depth; the native prisoners seized Lewis and pulled him under water two or three times. Lewis was most decidedly in danger of his life. The water at tha place where , this occurred was sufficiently deep to drown any one. I shouted to the natives a.nd so did many others, to let him go, and then they did let him go. The two Maori prisoners thon escaped to the opposite side of the creek, aud remained there until the Civil Commissioner came and caused them to be taken into custody. Lewis came to land on this side of the creek, and was also taken into custody.

By tho Court: I did not see anything of what occurred before seeing Wiremu Heremia, pulling off his shirt. There was a great noise at that time, and I was standing close to the top of the creek. Meke received no provocation beyond seeing Lewis strike Wiremu Heremia. Lewis may have been struck first, but was the first whom I saw striking. This was the case for the prosecution. Mr. Robert Coombes was then sworn in as interpreter, and the prisoner Lewis called

Dudley Eyre, who, being sworn, stated that he was a surveyor now residing at Shortland Town. He deposed : While I was at work, yesterday afternoon near the beach, I went to see what the disturbance was about, and saw there several persons. I recognize the three prisoners now before the Court as being present when I cam* up. At this time the natives ware taking away a Maori woman, artd the Europeans were crying out " shame," at the way the natives were treating.the woman. Amongst those who interfered _ was the prisoner Lewis, when the other Maoris had taken the woman away. I could not see what had previously occurred, as tho crowd was between me and the men, but while the Maorii were beating the woman, they pushed Lswis away several times. Wiremu Heremia was the man who pushed Lewis away. Wiremu Heremia was standing by keeping off the Europeans. The Europeans did not interfere by act, but only by shouting. Two of the natives held the woman, and one of them was beating her with his fist. The interference of tho Europeans was to prevent this. Mr. Wallace was present and he iaterfered to prevent the ill-treatment." Tho woman was taken away in a canoe, and then Wiremu Herema came up to Lewis and challenged him to fight. It was at this time that the other prisoner, Meke, tucked up his shirt sleeves, and wanted to fight Lewis also. The crowd just tnon got between me and those who were fighting, and the next thing I saw was Lewis in the water, and this man, Meke, ducking him. A little after this tho two Maori prisoners got into a boat, and went over to the other side of the creek. I saw no blows struck. The crowd was between me and the combatants.

By the Court: About ten minutes elapsed from the taking away of the woman to the commencement of the scuffle.

By the prisoner Lewis: Did you think me in danger of being drowned ? Witness : I thought you were in great danger-

Thomas Lands, sworn, deposed: I am assistant surveyor, residing in fcihortland Town. I identify the three prisoners now before the Court. I was on the beach yesterday, -when two Maori men were holding a Maori TOmsn down. Tho prisoner, Lewii, was there close to me at the time. I saw Wiremu Heremia pu»h Lewis twice, and tell him to be off. X did not see Lewis say or do anything at the time. Ho was standing with his hands in hi» pockets. About. three minutes afterwards, when the woman was taken away in the canoe, Lewis went up to Wiremu Heremia and said if ho put his hands "on him again he'd hit him. Tlie Maori said something in reply wliicli X did not understand, and he challenged Lewis to fight. I understood what he said then, for lie said "Yourike tofito?" Lewis took off his waistcoat and rushed at him. I then lost sight of both of them in the crowd. The next time I saw them Meke had hold of Lewis by the hair of his head, and was dragging him towards the water. I, with others, caught hold of him to prevent him going into the water. The whole three fell into the water, and the two Maoris tried to keep Lewis underwater. He succeeded in getting away, and the Maoris then made off in a boat. While the three prisoners were in the water a Maori boy jumped in, caught hold of Lewis by tlio hair, and held his head under water. ' I could not recognise the boy. He was about 14 years of age.

By the prisoner Lewis : I did not think your life, was safe. I took my coat off, and was about to jump in after you when you got away. This was the case for the defence.

Lewis said he had no questions to ask the witness, but he wished to state that the Maoris had rushed at him until they were prevented by the Europeans. Constable "Wallace was stopping the Maori here (Wiremu Heremia) from stripping, and I rushed past Wallace and struck the Maori. This gentleman (Meke — great laughter, in which all joined), rushed on. me and struck me three or four times. Both of them then caught me by the legs and dragged mo into the creek, and kept me under water twice. I was under water for some seconds each time. Another Maori then rushed into the water, caught me by the hair of the head, and kept me down. I got away from them and made my .pscapo to the shore. A Maori witness was here called in behalf of tho Maoris. He said he did not see the commencement of the scuffle. When he got up to where tho fight was going on, he saw Lewis and the Maoris on the ground. Other Europeans were pulling Meke by the hair towards the water. Meke pulled Xewis towards the water, and the Europeans tried to rescue him. He did not see Lewis fall into the water, but ho saw the Maoris push him under water. By Meke: Did you see me drag the pakeha into tho water?

Witness: I did. X did not speak to you. I saw you do it. Meke, in answer to the Court, said that the European first struck him on the face, and the mark of the blow was there still. Lewis had also pulled a handkerchief from Wiremu Heremia's neck, and had then struck him (Meke) in the face ; he had warded off the blow, but Lewis made a second blow and hit him in the chest. All the Europeans then laid hold of him (Meke), and then ho fell into the water. That was all.

The Court was then cleared, to allow of the Bench deliberating, and on the doors being thrown open, The Civil Commissioner said that the Court had very carefully considered the case, and had come to this conclusion—that all three parties were guilty of common assault. It was quite clear to the Court that Lewis, on his own showing, had allowed from three to ten minutes to elapse between the time the woman was being beaten and the commencement of the fight. It was quite clear also that Lewis had struck Wiremu Heremia beforo Meke struck him, and dragged him into the water. The sentence of the Court was that Wiremu Heremia be fined £3, or in default, one month's imprisonment, and hard laboiir; Lewis a like sentence, and Mcko £5 fine, or in default, two months' imprisonment, with hard labour. It was well that the matter had turned out no worse than it had done, but he would caution both Maoris and Europeaus in future to leave the law to deal with misconduct of either racc, and not commence a disturbance that might possibly end in the loss 1 of life. " The Court then rose.