RESIDENT MAGISTRATE'S COURT.

Poverty Bay Herald, Volume VI, Issue 965, 2 December 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before C. Whitefoord Esq., K.M.) Yesterday. THE MAORI ASSAULT CASE. The following is the information and complaint : — The information of Crosbie Kidd taken upon oath (that he hath just cause to suspect and doth suspect that Rutene Kereama, together with other persons, to wit Hapi, Eru Hauraki, Whiturangi, Wiremu te Owai, and Hori Hemi, of Poverty Bay, did on the 23rd day of November last past, feloniously steal, take, and carry away, one saddle and one bridle of the goods of chattels of one Jamea Richardson, value £4, at the Toi Toi Flat, and immediately before such robbery did cause the said James Richardson grevious bodily harm by kicking and choking him, the said James Richardson, being an indictable offence. James Richardson sworn, deposed : lam a carpenter. I have been living and working at Mangatu, beyond Ormond. I rembember Sunday last, 23rd November, 1579. I saw tne H'iauners Hapi, Whitirangi, Te Owai, Lleiui. I met them at Scott's, a mile and a half towards the Isle of Mull Hotel at about half-past two. I had a bottle of grog with me. Hapi had a dri.uk out of it. We were all riding at the time. The prisoners accompanied me from where I met them tirst to the Rangatira Hotel. Hapi and Whifcirangi were with me first at the hotel. After we arrived there I saw the other prisoners, except Renata and Eru Hauraki. Hapi went into the public house. I had a drink with him, he paid for it. Hapi changed a cheque for £6, ont of which he got £4. I went ont to speak to Mr. Orr about some work. I then noticed the prisoners had gone. I stopped at the hotel nearly an hour, and then started for home calling to see McKenzie, a mile and a quarter from the hotel. We had a conversation together. I then went on and through Goldsmith's bush, a quarter of a mile from McKenzie's. When I came to the bottom of the hill beyond Goldsmith's I saw all the prisoners except Eru Hauraki. Some were on horeback, and some were on foot. When I was at Scott's gate I gave Hapi a bottle of rum. I asked him to carry it for me, as I had some things to get at the stations. When I got to the terrace I saw Hapi hold the bottle up. We had some words about the buttle, they having drank nearly all the contents. I got off my horse. Hori Hemi struck me as I was getting on the horse, I resented this, but did not hit him. I then went on. The prisoners following. Hori Hemi was ahead galloping until we got to the terrace. I was sober at the time. I don't think the prisoners were drunk. When we got on to the flat I was struck at. the back of the head and knocked off my horse. This was not with a stick. It was a blow of the hand. As soon as I was down two of the prisoners kicked me. I saw Hapi pulling his coat off, he had a white shirt on j I received several kicks oh my face and neck. The prisoners then left me. Shortly after Rehata and another returned. I cannot say who. One of <them called out " Kill the b— ." I received a severe kick on the face under the eye, and became insensible. Some one was holding me down by the throat. I think it was Hapi. My throat is still discoloured from the effects of his squeezing me. Since then three of my teeth dropped out. My lip was cut through. I was not able to swallow food for a week from the pain I suffered from the mouth. lam well acquainted with Hapi. The saddle now produced I recognise as mine, owing to some tar on it which T pnt on, also the bridle (produced), they are '.ny property, «nd were used by me on Sunday, 23rd November. I paid £6 10s for them. I did not see the saddle again from the Sunday I missed it until Saturday, the 29th. It was with Constable Villers and Eru Hanrnki. After the assault, a man named Hopkins came to where I was lying. It was nearly dark. When he lifted me up I could not stand. I think it was about an hour from the time I was assaulted to the time Hopkins came. I was insensible during that period. My horse, saddle, and bridle were not near me when I came to my senses. The prisoners were gone. Hopkins went for assistance, and returned with Bracken and George Tarr. I became insensible again. George James came, and George Rowley and Smith, who helped me on to a horse, and took me to the Rangatira Station. A number of short questions were put to the witness by each of the prisoners. Dr. W. L. Jackson, sworn, deposed : lam a medical practitioner. I have examined the last witness. He has got several cuts on the face, and contusions on the chest and neck resulting from severe pressure. The pressure from a person's knee kneeling down on the man would cause such contusions. The wounds on the head and face would be caused by boots or Bticks, or anything, as also tlie wound under the eye. From the appearance of the wounds they were recently done. I think the choking, would cause him to be insensible. In my opinion, if they gave the man a blow or a kick from a boot, it would cut the skin through. The pressure against the chest would enable the continuous injury to the neck. I noticed his lips were swelling, and the teeth loose, and would be caused by a blow or a kick from a boot. I think when a man had been drinking erysipelas might set m. 1 do not think any of the wounds are very dangerous, but the man subse- . quently had been subjected to great : violence. Henry Hopkins, sworn, deposed : I ' am a laborer. I remember Sunday, 23rd ' November. I was on the road from i Kaiteratahi. On that day I was re- ' tiring home about half -past six m the 1 evening. I met three Natives coming up about quarter of a mile from Arthur's . Station. I recognise Hapi as one of ■ them ;he was on horseback. I cannot ( recognise the others. Next mornning I ( met all the other prisoners about half- I past ten except Eru. I met them five j or six miles from the Rangatira Hotel, going m the direction of the station. I ' was going from the station. I saw ! Jnmes Richardson lying on his side, i His eyes were quite bungged up. His * face was covered with blood. It was just getting dark at the time. I picked 1 him up and tried to put him on my horse. I carried him to a flax bush, and left him, and went for assistance to ]

Rangatira Station. I met two men, George Tarr and another, and came back to Richardson, but he was too weak to sit on the horse. I then left .George Tarr to take care of him, and went and informed the police. On the way to Ormond I met George Rowland, and sent him on to assist the man I left with Richardson, and went right on to inform the police at Ormond. John Pedler, sworn : I remember Sunday week. I remember seeing the prisoners at the station. When they came to my store, Renata asked for. a 501 b. bag of flour. They were not drunk, but they appeared as if they had been drinking liquor. One of the prisoners wanted to have a row with a man called Ashdey, but I told him that I did not want any row m the place, I pushed him out of the store. They were all on horseback when they came there. When Constable Villers came up there to inquire about a saddle I did not know about it, but afterwards a boy handed me the saddle now m Court. He said a Native gave it to him. He did not say who he had received it from, and that it was the saddle lost last Sunday week. By the prisoner Hapi : Ido not know whether you had a white shirt on, but it was a light shirt the same as you have on now. By Eru Hauraki : I did not see you with the other prisoners when they came to the store. I saw you at the station m the morning and evening, but Ido not know whether you were there the whole of the day. John Mosely Smith deposed : lam a publican at Haupori. I remember James Richardson coming to my place m company with Hapi. I saw all the prisoners except Eru Hauraki. Two of the prisoners went to Rakaiketuoa, and the others waited for their mates. They went away on horseback. About an hour and a half afterwards Richardson left my place and went towards the same waj the Maoris went. They were all sober. Tho Maoris had about five pints ef beer m a jug, and Richardson had a glass going down and one coming back. I saw Hapi with a bottle of rum. He said it was Yorkie's (Richardson). It was three parts full of rum. Next day T heard Richardson was injured. I saw Richardson again on Monday. He was being brought down m a trap. I saw he was a good deal knocked about. By Hapi : I did not get a bottle of Bpirits from you. I had an order for £6, whioh I asked you to give me £4 on, and the balance m an 1.0. U. payable at the Bank. I did not see Eru Hauraki at Haupouri on Sunday. Constable "Villers, sworn, deposed : r From information received I proceeded ; with Constable Currie to Rangatira. , When I got there, I saw Richardson. He was covered with blood. I proceeded i from there to Mangatu. I saw a horse . on the road ; it was recognised as i Richardson's. There was no saddle on ■ the horse. I proceeded to Tawhimiti. i I arrested Hori Whitirangi there ; af ter- ! wards I arrested Hapi. Hori Whitirangi denied the charge. Hapi stated afterwards that Renata had struck 1 Richardson, and took the saddle. I ari rested Renata. We searched for the • saddle, but we could not find it. Eru ; Haurauki was there, but he did not i mention that he had received a saddle . from Renata, or knew anything about it. On the Tuesday I went up again, and one of the prisoners said that Eru : had got the saddle, and that he got it from Renata. We searched the whare, i and Wiremu brought out the bridle. I ' brought the saddle on Friday, and ; showed it to Richardson, and it was claimed by him as his property. After . the prisoners were locked up, Hapi stated m the presence of the other prisoners that Renata had committed ' the assault and took the saddle, i The prisoners after being cautioned, began giving their evidence. Hapi said : Myself and Whitirangi ; went over the river to Rakaiketeroa. On oui way we met Yorkie. He was , drunk. After a few words I pulled out my cheque for £6, and asked him if he could cash it. He said he could not. We went on to Te Haupouri. While being there my mate returned. I bought a bottle of spirits, and presented the cheque to pay for it. The landlord said he had not enough of change : but would give £4 m cash, and the i balance some other time. Richardson followed us up some time afterwards, and come up to us on the other side of Goldsmith's. Yorkie asked for the bottle of spirits. Afterwards, Yorkie, under the influence of drink, struck Wiremu, and made his face bleed. I then got up to prevent Yorkie striking Wiremu, any further. We went on? Yorkie and Renota rode on ahead, and Yorkie was striking Renota all the time. We were some little way behind. We rode ahead and came up to them, and my horse came against Yorkie's horse. He fell off, and I fell off also. I went away to catch my horse, and I heard somebody singing out "don't beat the Pakeha," When I came back from catching my horse, I saw Yorkie lying on the ground with his face all over blood. I asked who assaulted Yorkie, and one of the Maories said it was Renota. Whitirangi, and the rest of the prisoners, having made their statements, they were committted to take their trial at the next sessions of the Supreme Court to be held at Napier, and witnesses to appear the next morning to be bound over m their own recognizances. THIS DAY. (Before C. Whitefoord, Esq., R.M.) CASES ADJOURNED. W. Adair v. Hoani White and Noko Read, W. Teat v. Hoani White and Noko Read. Mr Robinson, for defendants, objected to the Maori translation of the bill of particulars as being incomplete and incorrect, and applied for an adjournment for the purpose of plaintiffs furnishing an amended translation. Adjourned to Friday. Thompson v. Hoani White and Noko Read. Claim £34 105, for labor during 69 days, at 10s. per day. Mr Robinson objected to this account on the same grounds as the above, but His Worship ruled that no exception could be taken to the account. Hiß Worship adjourned the case till Friday next, and if not settled by then, he would give plaintiff judgment for the amount claimed with costs of court. Union Bank v. Hurrey. Adjourned till Friday. DEFENDED OASES. H. Adair v. Luke. — Mr Rogan for plaintiff, and Mr Cuff for defendant.

Claim for loss of a mare, and 15s a week for the hire of the same by defendant. Henry Adair, deposed, to having hired the mare to Luke at 15s per week, and the defendant was to have used every precaution m driving her while m his possession. The defendant last October went to Lavenham for a load of hay, starting from Gisborne at 8 o'clock, and while returning the same day was upset through the shafts breaking, being of unsound wood, resulting m the death of the mare. Mr. Tutchen and Mr. Bradley were examined as to the state of the dray, and the value of the mare. They both agreed that the shafts were of unsound timber, and that it was unreasonable to take a horse out and back with a loaded dray on the same day. They valued the mare at from £40 to £45. Mr. Humphries and Mr. Brooks were also examined. Mr. Luke deposed to having taken every care of the mare, and also of the dray, which only a short time previously had been fixed up by Mr. Humphries. Mr. E. V. Luttrell deposed to the death of the mare being purely the result of an accident, caused by the mare slipping on the road which was slightly wet after a shower. W. Burnand, and W. Curtis, were examined. The Court said independent of the view he took of the law of the matter he would suggest that it be referred to arbitration. He would, if required, act as arbitrator, and preserve if possible the good feeling prevailing between the plaintiff and defendant, the latter of whom he felt that he was morally if not legally liable. It was decifted to refer the case to arbitration. W. H. Tucker v. Goldsmith— Mr. Ward for plaintiff and Mr. Bromfield for defendant. Claim £7 10s for County rates. I Judgment for amount sued* for and costs. W. H. Tucker v. T. Connor— Claim £5, for County rates. Judgment for plaintiff. [Left Sitting.]