RESIDENT MAGISTRATE'S COURT.

Poverty Bay Herald, Volume VI, Issue 865, 16 August 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before Captain Gudgeon, R.M.)

Assault and Riot.

Examination of Phillip Bond con- ! tinued : Previous to the 16th some posts were laid by the natives at .the corner of the land. Some time after this the natives began. fencing, and I objected to them doing so. Some of the natives present were engaged at the fencing. I cannot point them out. The natives ' started ploughing at the places marked Ain the plan. One of the accused Karaitiana, was present at the ploughing. I took two notices — one to Wi Pere and'one to Hapi Kiniha — cautioning them from ploughing. The document produced is the original of the notice served on Wi Pere, a copy of which I swear was served by me. I went with the notices myself. When Wi Perej received it, he said that he would take -no notice of them, and that they would not stop ploughing. I have seen all these natives on the ground previous to the 16th. I have seen them there several times ploughing, and took seme of their horses to the pound. On the 16th Jnly, I went to the ground, putting some sheep there, and I also took some out. On that occasion I saw the whole of the accused there, and one of them. Hemhoia, saW I had no right there with sheep, and that . he . would throw them out. At the same time, ! they said Wi Pore was instigating them, and asked why I did not go and get him. These Natives have been building houses on the ground. On the evening of the 16th I saw Mr. Allen take some 700 sheep round to the gate, which I unlocked. We had got them nearly all in when Matini came up and tried to close the gate. All these other Natives came up within a half hour after this. When Matini went to close the gate I put my shoulder against it to prevent him. He was getting the better of me when I called to Allen to assist me. When Mr. Allen came we forced it open and I held it open while Allen drove in the sheep. Matini then pulled his coat off and came and caught hold of me. We had a struggle and he got me down. He knelt on my chest and hurt me. I called upon Allen to come to my assistance. At that the Native allowed me to get up. By this time the other Natives accused came up. All the accused were up shortly after Matini laid me on the ground.' After this the Natives went to put the sheep out of the paddocks. We succeeded in preventing them driving the sheep out of the gate, but they rounded them up and threw them one by one over the fence to the number of 700. lam sure there were from 15 to 18 Natives rounding up the sheep at this time, and the accused, except Hori Papata were, among the number. I have only been here 11 months in the Bay. I have not been used to this sort of thing. These natives are not well known to me. The of the natives was very threatening, and Matini tackled me a second time. Matini called on the other natives to help him, and they said no — you do it. I told him if he did not leave me alone, that I should get angry and use my whip. The natives were rounding the sheep, and Matini was the leader of the gang, and asked the others to do what he wanted. No one but Matini Kaipau interfered with me. It took them about two hours to round up the sheep and throw them over the fence. All the other natives were excited in a manner to frighten me. Had it not been my own property I should not have cared to stay there. It was the number, and the excited state that they were in that caused me to be terrified. Some months previous to this I had peaceable possession of the property. Cross-examined- by Mr. Nolan : I leased the property from one of Read's Trustees. The deed was prepared and signed before the end of Maroh, I had been negociating for it some time I was present at the (sale of Read's property. This Block was not sold, and I heard nothing about the title. When I leased it there were no people living on it. It was not fenced, and there were some of mine avid Arthur's sheep grazing on the land. There is a fence now put up by the natives to which I objected as soon as they started it. I did not give those that were fencing any further notice. In July I served Wi Pere and Hapi Kinka. I told them that if they put any wire or fencing I would use it for my own purpose. The first time the sheep were put out, they were thrown over the fence. They had not been turned off on any day previous to the 16th. I cannot understand Maori well when there are a number talking. At the time the ploughing was going on, I and Mr. Allen took the horses out of the plough, and took them to the pound. Six or eight natives came up to prevent us. We took |the leading harness off the horses. "When 1 went to put the sheep in, I unlocked tho gate. There' were two locks on the gate — -one I had placed there, and another put there by some one else. I opened both gates.