MAORI CHIEF SUED.

New Zealand Herald, Volume LII, Issue 15915, 12 May 1915, Page 4

MAORI CHIEF SUED.

CLAIM FOR TAXI HIRE.

SUITOR OR. CHAUFFEUR 1

PLAINTIFF NONSUITED.

An aged, grey-haired Maori chief, Hori Paerinm, a native of Orakei, was the defendant in an action brought in the Magistrate's Court yesterday before Mr. C. C. Kettle, S.M., by Charles Gordon, licensed taxicab driver. An amount of £121 8s was alleged by plaintiff to be due for car hire during the period from January 16 to November, 1913. Tho defence e«t up was that Gordon had been on friendly terms with a young Maori girl. Tangi Wharo, niece of tho defendant, and that Gordon had been in the habit of motoring out to Orakei to see her, afterwards driving the gir! and her uncle to the city and to neighbouring suburbs. Both Tangi Whare and Hori Paerimu slated that they thought Gordon did not intend to charge for all these trips, but plaintiff, disclaiming any interest in the girl, said he was engaged in the ordinary course of business.

In his evidence Gordon, who was represented by Mr. H. I. Simson, said thatthe reason the money had been allowed to accumulate was that ho had been misled by a solicitor. He had tent in his account every month, arid had often askwi for payment, but defendant replied that a certain legal firm would "get it fixed up."

Alleged Proposal of Marriage. Mr. H. Stilling (for the defence): Do you remember a trip to Papakura with Hori and his niece, Tangi Whare?—Yes. You proposed marriage to her, I think? —I am a married man.

So that if Hori and the girl and another native say that you wanted to marry the girl you deny it?— Yes; 1 deny it absolutely. You are "a married man with five children and are not living with your wife? —I have been living apart from my wife for 18 months. Mr. Stilling: The point is that the natives, pay that Gordon used to go and see Tangi 'Whare and take the girl out, and the old gentleman used to go with her. . In reply to further questions, plaintiff said that in 1913, he was asked to go to Papakura with Hori and his niece. On this occasion the car was not his, but Mills, tho driver, asked him to go " for a spin." Mr. Kettle: It wasn't "a joy ride?"— No! Mr. Stilling (to plaintiff): You stopped at the Papakura Hotel?— Yes! And the girl had several drinks?— will.swear she had no drink at all. What is this item, "Three hours city, 25s?'*—I took the old man all round the town.

Mr. Kettle: He practically lived in your car.

Mr. Stilling : There is an item of £4 18s 9d. That appears to be his best day. In answer to Mr. Simson, plaintiff said Tangi Whare had never engaged the car. He had always been engaged by Hori Paenmu.

The Magistrate : The whole tiling looks funny. It is quite possible that the illiterate old Maori lias been imposed upon. For' the defence, Mr. Stilling called Tangi Whare, a good-looking Maori girl, aged 18. The Magistrate: Can you speak English?-^! If a man said to you "Will you marry me?" would you understand that? queried the magistrate. ' Witness smiled broadly, and the magistrate remarked: " She understands well enough, but wants her friends to hear her evidence."

An Incident at Papakura. Through the medium of an interpreter, witness said that she had recently been married. She had ridden with Gordon to Papakura, sitting in the back seat of the car with him. Hori and the driver occupied the front seats. Before they reached Papakura they stopped at a hotel, and Gordon brought her out liquor. She had five drinks, and became unconscious. On several occasions Gordon asked her to marry him, but her parents woujd not allow this. It was only recently that she knew Gordon was married. « Pari Poni, a native woman of O'rakei, said she lived in the same house as Hori Paerimu. Several times she saw Hori Paerimu and Tangi Whare driving in Gordons car, but she never saw Tanei Whare driving alone with Gordon. She bad been told that Gordon had asked the girl to marry him. On one occasion Tanei came home drunk, Gordon. Hori Paerimu and a pakeha, whom she did not know' being with her. '

Not Employed for Hire, The defendant, Hori Paerimu, said his 557" ? ye *£ Re could »* "acl o write, a " d J could speak English only a little. Gordon came out to Orakei to take inn and his niece around in his car, but he did not understand he had to pay for these trips. On other occasions he had paid Gordon for services rendered. He remembered one occasion when, at Tanri hares request, he accompanied Gordon and another man to Papakura. He saw Gordon take: his niece a glass of wine. Irordon told him he wanted to marry Tan ri very much, and asked him to help 5, getting her parents' consent. Tank's parents were opposed to the match. In reply to the magistrate, witness said he was a rangativa.

Plaintiff Nonsuited. "I am not satisfied that this is an honest claim," said the magistrate. "Looking at the whole of the Surroundings I am not satisfied that there was really and truly a hiring of this motor-car in the ordinary sense. lam inclined to "this opinion, that the plaintiff was keeping .friendly with the old man, probably for some other purpose. For several reasons, I am not satisfied that there was a real hiring between the parties. To begin, with, tho claim is a very stale one, and the surroundings are not satisfactory. My opinion of the native people—those who have not become contaminated by the evil conduct cf the pakeha—is that they are an honour" hie people. Especially is this the case with a Maori chief such as the defendant. My experience of their word is that it is as good as their bond. The trip to P.-nakura is significant, and gives a good deal of colour to the theory, which Mr. Stilling; has set up— the plaintiff not having; got this lady, he has 'rigged up' this account and charged for every ride he carp this old man. If plaintiff is so advised, he can take the case into the Supreme Court. I don't say he has been lying, but the surrounding circumstances are so significant that I cannot helieve the car wns really hired. Plaintiff will be nonsuited."

No costs were allowed.