A MAORI'S PRIVILEGE.

New Zealand Herald, Volume XLVIII, Issue 14767, 24 August 1911, Page 6

A MAORI'S PRIVILEGE.

CARRIED TOO FAR.

AFTER THE FOOTBALL MATCH.

A Maori youth named Toma Wi. dressed in a dark serge suit and rather depressedlooking, appeared at the Supreme Court, before Mr. Justice Chapman, yesterday and entered a plea of not guilty to charges of breaking, entering and theft at Matata, near Whakatane, in May last. Accused was represented by Mr. F. Earl. It was stated by the prosecution that on the morning of May 14 the residents in a house at Matata were disturbed, and one of tho women saw Toma Wi with a light searching in some drawers. He ran outside, and it was discovered afterwards that several articles were missing. ' Accused was also said to have dropped a lighted match into a drawer, and as a result damage was caused by: fire. This was probably accidental, however, and did not form the basis of a charge. - ' , It was said that accused was a relative of the complainant, and the examination turned on Maori customs. Wit-* nesses - said that while Toma Wi had a perfect right to enter the house at a reasonable hour, he bad no reason for coming at the hour he did, nor had he any right to open drawers and search in them. •"

For the defence it was stated that tho accused's actions were the result of a foolish drunken "freak on a Saturday night after a football match. What, he went into the house for he did not know, and what he took the clothes for he did not know. He found himself in the morning lying on the river-bank with a kit 01 women's clothes, and unable to give any explanation as to how lie got them. Ho had denied all along that he took any money, and it would be shown that his character "was a very good one, and that he was quite incapable of committing a dishonest act.

Evidence was given in support of counsel's statement by several witnesses. Accused had been present at a football match on Saturday afternoon, May 13, and in the evening he became very drunk. One witness said that owing to accused's behaviour at a. dance the dance had to be stopped. He was. singing out and talkin? loudly. • His Honor : He did not give the music a chance. ' • ■

. His Honor said the question was whether a crime had been committed or intended. Ordinarily where a man trespassed in a house it was an offence, but there was the question, in the present case, of drunkenness, and accused's character was in his favour.

The jury brought in a verdict of not guilty, and the prisoner was accordingly discharged.