Alleged. Abduction.

Poverty Bay Herald, Volume VI, Issue 905, 26 September 1879, Page 2

Alleged. Abduction.

MERE PEKA. V. ROBERT COOPER. The following additionc 1 evidence was taken after we went to press last evening : —

Examination of Mere Peka continued : — My endeavour has been to bring up my child strictly and correctly, and up to lately no trouble has arisen. Cooper had no authority or right to claim the custody of Atiria. Atiria is entitled to land at Waingaromea, Kakakiteroa, Rangatira, Papa tutu, and others. Cooper asked my signature for a deed. James Carrol was writing for Cooper. He gave me the paper. I said to him read it.^ He said the place is Afciria's. 1 objected to it and said it was stealing. I never consented to this paper. This was in Mr. Page's Hotel. When I brought Atiria before the Court I did not wis.h her to be imprisoned, and I never wished such a thing. If Cooper has told my daughter that that was my desire he has told her that which is false. I did not desire to degrade my daughter, nor make her appear as a slave. This statement is alsufalae. 1 have never consented to Atiria living with Cooper. I did, and do believe that Oonper desired to live with Atiria as his wife. My desire was to keep my daughter from Robert Cooper, and to keep her near me lest she should come to harm. All the cause of trouble between Atiria and myself has been solely on account of R. Cooper. Since Cooper has 'been from Wellington,.! spoke to him about illusing my daughter, and he did not reply. If Mr. Cooper asked Atiria to stay aw»y from me, or to see or talk to me, it is against my will and I have not consented to it.

Cross-examined by Mr Ward : — Atiria's father is in the Uriwera country and has been away for five years. The ' reason he left was on account of the trouble between Cooper and me. She has been with her father North a year and a half. I went to fetch her last December. That was the time I got the £14 from Cooper. She consented to come baok. Atiria is not 21 years of age. I don't know the year she was born. Maria Morris does. The land I have sold to Cooper is in large blocks. I don't know the acreage. I remember Cooper building a house at Wareenga-a-hika. He suggested it at that time I was living with Cooper. At present I am living in the house that Cooper built. When Waingaromea was sold, I did not get the £35 for it. Cooper said it was for the debt and another

block. Cooper did not give me money for the food for the tangi on the death of my child. I was first angry with Atiria when I brought her from the North and Cooper spoke to her. The only time I saw Cooper with Atiria was in the Waerenga-a-hika Hotel, and Cooper outside. I know Atiria's hand, and know it was her hand out. I have been in J. Cooper's parlor, and also other Maori women, and he has not been angry. I came to the conclusion from what Cooper said about Atiria that he wanted her as a wife. Atiria was in the habit of going to the station when he was away. When Cooper came back from Wellington she left with Maria Morris. After Cooper went to the station Atiria has been once to the Maori Kainaga. She separated from me after the case in which she was tried. This was when,Cooperwentto Wellington and Atiria inland, and she has never lived with me since. She is now living with Maria who is a relation of mine. I went to shake hands with Atiria, she refused because I brought her to Court. We lived amicably together previous to thiß. I brought the case on when I Baw my child separated from R. Cooper. At the time Atiria went to the Wairoa with Cooper it was not with my consent*. I objected. The reason I did not bring an action such as this then was because they had company on their journey, and she was then young. My particular grievance against Cooper is ' because I don't wish him to hurt or do any evil to my daughter. He has a desire to have her as a wife to bear children for him. This alone is the reason of my anger. On the day that Cooper went to Wellington my daughter was not living with me. Atiria left me when she was brought into Court. Previous to this she was living in my charge. Since the 30th June, Captain Tucker has not advised, and I have not said anything to advise him.

Mr. Rees objected to these questions being put, but they were permitted by the Bench.

Mr. Bromfield again objected to Capt. Tucker sitting^on the Bench. By the Bench : When these deeds mentioned were presented, they , were interpreted by James Carroll, and the sum of money mentioned as consideration was ten shillings. My relation with my daughter was peaceful up to the time in Court, which was heard on Monday. During the previous week she went to the public house, and was not amenable to my control. She would not listen to me. On Saturday I left her at Paora's house when I came down for the case. My quarrel with Cooper caused me to leave her at Paora's on the Thursday I summoned her, and remained in town at Riperata's during the night. On the Wednesday the dispute occurred.

Maria Morris, .of Waerenga-a-hika, deposed : I know Cooper, Mere*Peka, and Atiria. I remember the time Mere Peka brought Atiria down from North. Before this time the relation of R. Goober to Mere was as husband to a wife. Since Christmas there have been disputes between Cooper, Mere PeYa, and Atiria. Mere Peka being angry because some trouble might be caused to lier daughter. I spoke to Cooper several times, and told the relations between mother and daughter, and how they were constantly snarling. I told him the cause of it, whioh Was that: he whs constantly following Atiria. Cooper said that Mere 'Peka was foolish. I said " No, Mere Peka is not foolish, her anger is just and right." . He then told us that we were both' foolish. Cooper said that his love to Atiria was the same as that to his sister. I said "I do not believe that." This was the cause. of the disagreement. There were two letters before these produced in Court to Atiria, whioh I saw,- and from wfiat I saw in those letters I concluded that he did not desire so to act. From what I saw and heard I knew from Cooper's conduct . that trouble would ensue. I remembere Atiria after coming back from Mangatu. I heard from Atiria that Cooper had asked her to go to Wellington, and • afterwards on the Sunday morning, when I was searching for Atiria, I saw Cooper and told him what Atiria said to me. Cooper said he knew nothing about it. After this I found that Atiria hnd left her mothers house. I went to look for Atiria at J. Cooper's Hotel but I did not find her. T saw R. Cooper there. It was then T toW Cooper, what Atiria told to me. At that time I was very angry with C»nper, and he laughed at me. I was angrv at his foolish leaning towards the child. I said to Cooper, " you have been bad towards the mother, and now von want to be bad towards the child." Then I said you are after her possessions, her lands. This was said from what.the girl said. Cooper said " yes, right— for the debt." I said "I will never consent as I am in one of those blocks." Cooper said his law was good, and if Atiria signed he would give back 30 acres at Waingaromea for Atiria I said to him your work is not good Before speaking about the land, I naked him if Atiria was there. He said no. I knew she was there, but I did not sav so to Cooper. When next I saw her I went to fetch her from Tehauafeatua, at Cooper's station. That was the time I got these letters. I am strongly of opinion that they are Ooper's lfitters. Atiria was born in 1862. She is a relation of mine. After I read one of the letters, it would not be right, I thought, to leave Atiria in Cooper's place. I had no desire to humble or degrade Atiria nor to nut her in prison. My reason to fetch Atiria from my mother was that I knew ho would treat h^r the same as> the mother. My onlv desire was that the girl should come back to avoid troubles. I saw Mr. Cooper "before he waa summoned by Mere Peka. I said to Cooper *' great trouble will follow ; there will be a court case directly." I referred to the hotel license. " Cooper said there was no law in the matter and that all Mere Peka said was impudence. He said he would take charge of her. I did not consent to this. Atiria has been staying lately at my Jcaianga, When Cooper returned from Wellington he went to his station Atiria wanted to go but I held her.

By Mr. Bromfield : I know the year of Atiria's birth, I saw her born. I remember the fight at Waerenga-a-hika. I have not asked any one to advise in this case.

. Bettie Morris, deposed : I know the three previous witnesses, and I am a relation of theirs. When Cooper was in Wellington I know that Atiria was at Cooper's station. I remember my sister

going up to fetch her away. I have spoken to Cooper about Atiria. The reason I talked to Cooper was about the house built inland for Atiria, and that burning was ascribed to Mere Peka. I was angry at him accusing Mere Peka of this, and said you burnt it. He replied Mere Peka burnt it because she was jealous of Atiria. I said it was not jealousy, and that itjwas not right, for him to have charge of her. He said the child is mine not yours. I said to Cooper your desire to the child is that she may be a woman for you. He said no my love to Atiria is the same as that towards my own child. Cooper said to me he; would not take the insurance on the house, as Mere Peka would be put in gaol ifj he dids o. Mere Peka's husband left her, and then Cooper and Mere lived as man and wife. When Atiria returned from North she lived amicably with her mother. Atiria was born in 1862.

By Mr. Bromfield : Lately she has been staying with me. Cooper was at ' Wellington. I remember the first quarrel which mother and child had. .It arose out of Cooper. It was a long time ago, and they lived peaceably together until the Court case. All these troubles arose out of Mere Peka and Cooper. Mere Peka has said to us that Cooper had been allowed to go intoAtiria's bed room and that was the cause of her anger. - The rest of the evidence of this witness tended to substantiate that of Maria Morris. On the case for the prosecution being concluded, Mr. Ward addressed the Court at length. He said it was not his intention to call any evidence for the defence. There' was* no offence committed, and none intended, and the evidence of Atiria went to show that it was only after the row with her mother that she left. The prosecution had! attempted to put a wrong constructifH as to Mr. Cooper's conduct with refer^^f to the girl, to whom he always acte^^H the position of a father. There been no fraud shown, nor any atte^^l at alluring her from her motl^^H control, and to constitute the offenc^^H was required to take her out of^^H mother's possession! which Cooper had^^B done. He quoted numerous authoriti^^B support of views with respect to frai^^l lent intent and alluremeut, and o^^| eluded by applying to the Bench^H dismiss the charge. |H Mr. Bees then addressed the Be^H on points of law, having a bearing^H the charge. The Court adjourned to consider t^^| decision, and resumed its sitting^^f Mr. Ward requested before t^^| Worships gave their decis^H in the case, to refer to the Na^H Assessor on the Bench. He had^H jurisdiction in criminal cases, and v^M only entitled to sit in civil cases between a Maori and Maori. Mr. Flexman said when consulting^M had asked the chairman that question^! Mr. Brassey said as amicus eunce^H right to sit on a criminal case. I^| question had been looked into would state that a Native Assessor had H Captain Gudgeon, 8.M., and he i^M satisfied that he had no authority. H Mr. Bees said he had no objection H the Assessor's right to vote in t^| decision being waived. ■ Mr. Johnson, Chairman of Justice* said in that case it would considerablP facilitate matters with regard to the decision. As there was no arrangement in the J.P. Act when the voting was equal, it would obviate the difficulty that had arisen. They had when they entered concluded to defer their decision until counsel had argued the meaning of one or two words in the Act. But as the Native Assessor had no vote, they would now give their decision. The Bench was of opinion that there was no fraudulent allurement, or any intent to carnally know, &c,, and they would dismiss the charge. Mr. Bees said he would have the evidence taken, sent to the [law officer of the Crown, and get the case gone into again. Mr. Ward applied for a' certificate of dismissal, but it was ascertained that none could be given under a criminal indictment. Captain Tucker then entered into an explanation as to his'right to a seat on the Bench, and quoted 118th Clause of the Justice of the Peace Act, whichlwent to show that or a criminal Fcharge a J.P. was justified in sitting even though he were personally intere sted in the case, and was not debarred from acting.