RESIDENT MAGISTRATE'S COURT.

Patea Mail, Volume II, Issue 2, 8 April 1876, Page 2

RESIDENT MAGISTRATE'S COURT.

TUPRSDAY, API!lb (Vrii. (Before Alajor Turner, b.AI. ; lb S bencock dud JI. F. Cliiislie, Esqrs., .J.P’s.) Civil. Fasts. Verdiels were given ill the eases of Milrov V, be vis, AT lbs Mi ; Ciiyaii v. Fiiz.iiiiimons. AM b”.s (id (judgment summons). ordered (ob- paid in a week. or a r.ioiil ids imprisonment : Gibson v. bailer, pi 7 e[' I’iainiill's iu the I‘oMowiirg c.is. s also obhdiied judgments ;-—Williams v. ((,,•■•■(■, Tio'lSs id; McDonald v. Davie. f -■ b-’-'{'a; ijii, v. (iil.son.- This adjourned i-iv-c was iben gone on w 1 1 1 1, Air r’ltzhorbert ■ 1,,11, ; i|'i-ii',i;• Cdison, Ahe lads have ;div:i.iv ho.'ll Sided, and the plain!id’s esse V, as i:'c vh UISqV heard. At Ins reijllesl, Ir-WiWe,".' )! was so i'ai' iv-opdled as lo a ih>w idol lo addiiee iiddiiiona! evidence. ’i'he lies ing oeeiipied nearly two hours, hiil 111e feels elieiled were of more, ini1, dance lo iic i si.-I ies concerned I Inin tingenera! public. though, at (he same I inm, j somethin;;' material to consignees generally j Aliiiom : )m.whole, or atheist lln vhief i pi,ini in disonie. was as lo the custom, or j lew, ii' such exists, m reference to the delivers of good i by steamboat or other shipsswn s's. (Mi (lee part oi Ail’ Taplm. il was proved conclusively that. lie received a in, goods bv the Tougnviro on tin* ‘.’Blb of dan nary last ; (bat Heir freight, was prepaid ; 111: ii. in; bad audhonsed two carters. Messrs Snook ami Smith, to take charge of them and bring them up hr olnee of business, but that such demand was refits--.! bv Mr .ILmmn, although (be

goods ha-.l been landed, and were wiimn b fo-.v fee! of the em-iers. It was shown hv ihe evidence ol Bnook, toe carter, that he had authority to receive goods consigned to Taplin, and a subsequent authority to Mr Biuith was also put. m. Proof" was given that John Snooks, in a. Mil ion to Hie previous witness Smith, had be.--n authorised to act for the plainti!l in removing any goods that might be lor him, and also that, plaimiif had seen the captain of I lie steamer on her arrived, who had oromised to deliver (hem as soon as iandl-d.

Air Sicelcj . snn oyor. a'so jiroved that he <1 ■ ■ 111a11(ii■ (i some biscuits, purchased hy him from plaintiff for the use of a snrvey parly. hut. though tlc-y weio on the wharf at ihe time, defendant refused to deliver them to him.

'Tin* do fence, as sot up by Mr Fit/.h'-rbert, was —that n<> < 1 n;y neeredhed agent hid demanded the goods ; tint, admitting ai! t iio evidence ‘>ii 1 ins oi hj 'r side. no writ ton unit; from Mr Taplin to Mr (Jibson had boon received. and Unit the latter, in order to protect ih.o inbnvsls of liis principals, Vv’lio ware- responsible, had Mortal tiio goods in question. It was adso urged Had; according to shipping law or ensiom, the a°’i-.ut was authorised to More goods not (akt'ii immediate possession of, as soon a.s landed iVoin the slop's slings. On tins occasion, evidence ■was brought 11 1 i! although holh the witnesses, Knooks and gp.-.j had asked far them, they had no lee; M authority to dm so, if a written order was re be Considered such. Tile defenile.n 1 ' cave evidence to ibis otlccr, at die same time r.d ..fitting tied freight had heen prepaid, aiul Um l 'he only charge was for caro of die goods. in support. of the defence .Major Brown gave evidence, as a shipping a yen! of 30 years standing, to the, effci'l, that goods wore liable to In stored, it not received from die slop's side, and that, in such cases, agents were justified in storing them at once, Mr John Duthio, one of the owners a" the Tohgmro, the v ' in. question, also staled that, in his opinion, Mr (lib,-on was, instilled in storing the goods, as i„ was incumbent on consignees io take charge at. mice of goo la sent to them. Walter Bailey gave evidence thM it mlist, have b'-“ii also, d. a ([carter to (5 o'clock h.g'oro Mr Smith, carter, demanded the irond.;,,. Mr Lett gave similar testimony. ... Mr Fitzheibort -.'opin'd reiterating the {'Vo-inncnt. 'hat. ns tbero was no one to receive the goods did'*aid;mi. would have been justified in storing them as soon as landed. ~ , In rc dv, Mr Tamm showed mat no had attended mi (ho vessel’s arrival, and had tlmi seen Captain Gibbons, who promised to hand the goods in question over, as soon as lauded. He maintained that, even under the most strict iirlerpreiatioii of I lie law n- custom, (his was taking delivery, and (hat Ihcrefnra Hr; defendant, should have handed the go-r.s o', er \\ nen asieed. Both Snooks and Smith, were his recognised ayeiif s, and were uut; ions id to sign for him as'such. Ho had, tdir.mgh them, demanded delivery, it, was admitted dint all freight, and charges had been paid, exeen finer this slorage, and he denied that (lie nrV'mrv rigliis. assumed by tiio defendant. had eiUier law or right, to suppoit ■them. If-' concluded by pointing out the (li!i'er''nco between boat-notes at an ordinai'V river port? to bids ot lading, when; ports were ports oi. entry. The Chairman of the Bench remarked, (hat the case -was one, of importance, and that tiwy would reserve judgment.

THE MAO 111 TRESPASS CASE AT WAIROA. E. Tana To AVairna, Kind Tangi, and Spain, of Weitotara, were, charged that they did on o- about the 18th day of March. 1870, at Wairoa, in the province of Weliingbm. sot fire to and burn certain fern situate on the property of James Dickie, couß'arv to the provisions of the ‘‘ Malicious Injuries to Property Act, 1807.” The same defendants were further charged on other counts, with trespass, burning firewood, Ac., but all being really comprised in tbe same offence. Mr James Dickie, tbe owner of tbe ground in question, said—l am a settler residing - in Wairoa, in tbe province of Wellington. I purchased a section, No, 72, some years back in that district from Mr J. Norman. I have been in possession of that section since, now some seven years I have taken limber from it and used it up to tbe present time without disturbance or opposition. I have bad no difiieulty with the land till the latter cud of January last. At that time 1 board that Maoris had taken possession of the band, and subsequently went to it. and saw live or six Maoris there. They wore

cutting iiinlur and putting-up il„ J recognise tin: defendants as beingpresent on the occasion, but I only spoke lo two, Tapa ami Spain. I told them the laud ■\vas mine. and that they should not (•ut any more limber, but they said that the hind was theirs. They did not leave the land, lull kept on cutting- timber. 1 haw seen two <d (lie defendants repeatedly on ihe land since. L wont with witnesses mi one occasion—Owen Hall, A. Aiken, and Captain Xewland. They were then euitinL; tim’ier for another wbare, and 1 >i>i iii!i g fern and scrub. 1 told them aa,ain l" go oil’ the land, anil tboy told me ;j K ,. haul was (heirs, and they intended tu keep it. They -admittod that they Imd i ni,' (he (imlrT and burnt the sci'ub. I eoidd not. swear to the third defendant, hut two of them were present, at, the lime. i enmrot swear to the date, v.-heii I went to (hem, but; it was two or ! hree weeks age. They havebeen occupying Ihe iand since, but have had no permission

what"rer to do so. ‘and burn and cut tireworn! and fern. bast Friday they turned nlf a man lb at. I put on to cut lirewood. Tbev haw damaged the pioperty by their acts. '.Pin; Ib-neli aske<! tin; defendants if they had iiiiv questions to put miplainant, l>;it 111ev replied in the n-egativc. Ah Wooii, who appeared for the Government, ll'mii read over the evidence given hv the whimss, after some little discussion Oil 1 he subject. Alajor Brown was Ibo next witness, and said—J am Civil Commissioner in (he a,’alive Department, and lia.vi- jurisdiction

extending to the Confiscated band on WaPolara. I rceognisu Tapa and Spain, and tin* other by sight. 1 received orders from tin- Covcrnmeiil to go to the Okotnkn iiha'k to settle this diliieiiliy, and 1 went there with Caplain Blake on (he d-ltli ot Fehnniry last. I discussed the question of possession with Tapa, They were then on another s< el ion to that occupied by Air Dickie. I told them that they were doing wrung by taking possession, that, it had been taken by conquest, and that the holder held it from the. Queen. There were .several interviews hut ali the defendants hat! the same statements made to them at (.me time or other. They denied the right of conquest, and Tapa told me that 1 might tell Sir Donald Alebean that thev would not, leave that ground. Tapa also complained that some natives g-ot paid, when their conliscalcd land was taken, hut (hid. his was taken without mivmeid, add ing 11 nit if it was confiscated, why was it paiil for. L explained lo him I hat ii wa.s iiot purchased, hut that the Government gave what they thought proper out of feeling for the tribes. At Ihe same time, t hey did not recognise, any ihrh;' on their part. Tapa came into Patea again to see me. bur, ns {lie olliecs were closed, lie agreed to come in on the bSl.lt February to see me again, and go into the whole question. On l bat day ho sent in a message (hat It a was ill, and t went out on Tiiesdav. the A Ist, end saw him, when (he

Maoris again denie.l the validity of the roiiiiseaiion, and rm used to move. The same arguments were again used without success. 1 then received orders to go to W rutolara agnhi to meet Mr Booth, Major Kemp, and the defendants with other natives. They s<ili expressed the same n’unions, s -me of them, Tapa am 1 others takinv no into a privat l room, I. told them Mod if would he a disgrace to nm, as a wwlv appointed Commissioner, if they NV ,'so d af to my arguments and advice, and not he guided hy them, d’apa told me not to he daik with it, „ n jj ],c and another native said, that after ill; sitting of the Native Lands (Mud in Wanganui, they would appoint a meedng wish me in Baton, when j ] i,. y (|(,j i;i,i every thing would bo satisfac- (■ irilv settled. In consequence of the doliiv that took place, 1 went to Wanganui last nrmtli and saw Urn, a native with whom 1 have some influence, but nothing came of it. In consequence of the delay, on the pu't o r the natives, to conic to this ineeti’w, 1 advised that the summonses shonld ’issnc that. Mr Dickie applied for. These wore not issued till repeated endeavors had been made to induce them to leave the land, and convince them of.lheir wrone - . I then advised that the law should take its course. I did not. sec the section on winch the whaics aio. The defendants declined to ask any rpi, stinns, and Mr Woon again translated the evidence of the witness to them. Mi- (I. W. Will buns, District Land Survivor, produced a map of the ground in dispute Tie had recont.lv inspected the boundaries of; rwetion 72, in the Okntuku Block, on the 3rd of April, Ho proved flmt he saw two of the defendants on the e-i'nmid. There were two whams within the hounds [Witness showed on the map where the alleged trespass was commit tod.] That hmd was confiscated, and, since, confiscation, had been held under Crown grant. The Court was then adjourned for a quarter of an hour. On resuming, Alexander Aitkou proved that he went, in comrany with the prosecutor, to the land of tiio latter, and there found the defendants in possession of the land, as previously described, and also that they had cut ’limber and burnt fern on the ground. He identified the defendants distinctly as having been throe of the occupants of the land, iho property was injured by the cutting and burning, 'By the Court—Mr Dickie had been in occupation of (he land before the witness went to Wairoa, which was four years since. He heard the defendants isay that the land was theirs, and that they would not leave it.

Owen Hall gave similar cviclcjicc as to Urn trespass of tlie defendants, and their refusal to leave Mr Dickie’s ground on the 24th nit. Tic proved that a lot of limber had been cut by them, fern burnt, and four whares built. Spain, one of the defendants, admitted that they had done the damage. Mr Fitz.borbert said this was all the cv’donee he proposed to lay before the Bench in that case. The Chairman of the Bench (Major Turner) asked the defendants what they had to say, cautioning them in the usual manner. Taper was the spokesman on the occasion, and said—On the Ist February I was at Okutuku on Dickie’s cultivation. On the 14th of the same month, Major Brown came there, when I told him that I would not leave my land, as I knew it was my own land, and the land knows mo. The defendant was proceeding to make a further statement, but as it was then

nearly dark, the Bench adjourned the case till 10 o’clock on Friday, when this and the trespass case was to.be dealt with.

FRIDAY, APRIL Bnr. The Court re-openfil this morning, when the following magistrates took tlioirsoats : —.Major Turner, It.Ab; If. F. Christie, J. F. Living'tone, II 8. Peacock, and J. AV. Keincdi, Esqs., J.F’s. 'l’iie statement of Tapa was interpreted and continued as follows —All that 1 have to say is, that my land is not, like England. Afy island is a respectable island. Aiy land was never confiscated by the Government. What I think is, it was taken by robbery and money. I will not stir from my hind. Major Brown asked me not to cause a disturbance in the midst of 1 lit: district I answered, “ I have not caused a disturbance ; the disturbance may emanate from your side, from the Europeans concerned interfering with ns.” I told Major Brown that. I would not, leave the land. I belong to |Lhimi!.ahi. Tapa will not he obstinate. With regard to our conversation, I am well disposed towards yon. Major Brown explained, in reference to

some remarks, these had sonic reference to a, female, in the ease, a sex that the Aiaoris considered iu the same light as the land.

Tapa continned—F said (hat this land does not belong io Mr Dickie, hut belongs to me only, and my hand siiil holds it, closed over it. In reply, Major Brown said, “ Lot Mr Dickie's land go ; yon are. silting wrongfully on it.” I answered, “I am not occupying it wrongfully, but the wrong is with the (.lovermnent.” Mr Woon explained that the word “ wrong” .should bo read “ robbery,” that, being the moaning of the word interpreted as wrong. Tapa continued—The Government committed robbery. Major Brown replied that no robbery had been committed by the Government. Ail the words that passed between ns was now ended, and I refused io go from the land which belonged to me solely. Charles Brown said. “ Leave it Io the law to decide between ns, and not the land law. I said, “ Let the law bo the same for the European and the Maori, according to the customs of the land which yon are now robbing me of. Look at this land.” At (his point, some diflicnlty took place m understanding one of the idioms of the defendant, hut il was ultimately translated to mean land similar to land ho occupied at Motnma. Tapa continned—The name of that land was Ivohanni, and it had been surveyed hy 'Europeans, whose names I do not know. That land Was intended to be purchased from the Maoris, and yon (addressing Major Brown) will pay the Maoris, It is not settled yet. The land at Ivohanni is not like Moturoa, which is at present occupied hy von. Kohanni has boon sold hy the Government. What you say, Major p, 1-own, is not correct. Both these lands, berc and Moturoa, should bo managed in the same manner, and are affected alike. It was on that aecount that 1 still claim the land. Major Brown said, “Bo considerate, and lot the land belong to the pakeha. I said no. That is all my statement. was read over hy Mr Woon, and signed hy J apa. Spain a'so made a statement, but it did not varv from that made by Tapa in any e.s-ential particular, and was merely a repetition of the former defendant’s language.

As then' was a jury list in be revised, anil as flit' Imnr was I'd o'clock, the Court was adjourned ‘ill '2 p.m. On tin l (.'our! re-assembling at 2 o’clock, Tiilnrangl, who had Ixicii charged under another name, made anulher slatenmnl, hut this did nut affect his case. lie simply made a. similar statement to that made by T.apa. He, repeated Ins Indict that thc'laud in the defendant's possession was theirs I-y inheritance, and (hat no white men had a right to dispossess (hem. lie asserted his right to the land, the river being Ids boundary. Mr Fitzberbort said that if the He neb would convict, nr at least determine, whether a convict ion should follow or not, he would know how to proceed. At present they wore in the dark, and lie did not know whether to go on with the other information or not. He would therefore ask their Worships to come to a conclusion without wailing for the other case. The whole of the magistrates then loft the Bench, and consulted together for .some time.

On coming into Court again, the Chairman said (hat the Bench were unanimously of opinion that they shouVl commit the prisoners for trial at the Supremo Court, TRESPASS CASK.

The same defendants were then charged with trespassing on the land of James Dickie. The evidence in tldsca.se, but for its curtailment, was .similar to the above and the accused were committed for trial at Wanganui, as in the former case. Tapa, before being taken to gaol, made an appeal on behalf of Ids wife and children, which melted the heart of many a pakcha, but tlio Bench assured him that all should be looked after, and Tapa went to durance vile in comparatively good spirits. further trespass. Mr Nicholson summoned Ngahina and several others for trespassing on his hind at Whcnuakiira. The facts of the ease could not be disputed. The Court, however, adjourned till ten o’clock this (Saturday) morning, when, no doubt, the verdict will be given.