RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1649, 20 October 1887, Page 2

RESIDENT MAGISTRATE'S COURT.

, Temuju—Wednesday, Oct. 19, 1887. i [Before D. In wood, J. T. M. Hayhuret, and J. Guild, Bsqs., J.P.’s.] 1 ASSAULT. Harry Kahu was charged by David Leach with having assaulted him on the ' 17th instant. J David Leach, complainant, sworn, said : On the I7lb, between 3 and i o’clock in the afternoon, he was upon the Maori grounds along with Horn--1 brook and soma others, flornbrook and Hutt had got some timber on a dray, and hud brought it a certain distance wlnm they were stopped by Kabu. Hornhrook was driving, I pulled Kahu away from the horses, Kahu struggled and tried to strike me in the face, but I dodged, ind he struck me en the head. Some more Maoris came up and pulled me away. The Maori women struck me on the head with a whip. I look the whip away from them. The defendant asked me for the whip, I said No, He rushed me for the whip, and as be got the best hold, we went down into the ditch, he being on the top, I rolled him ova. \ Ho took me by the wbiskers, and I could not do much, A lot of others name up and held mr down till ha got up and told me to get up, but aa be appeared ready to knock me down before ] f could get properly up, X did not do so. ’ Be made a kick at me and caught m? on the thick part of the thigh. I then got up and cleared out. v ‘ To Mr Inwood : This occurred on the Maori Reserve. To aoecqsed, complainant said • I saw Hornbrook and accused talking together before the assault happened, I was standing six yards away at the time yon stopped the horses, I was asked logo there by Hornbrook, I was not the only other man there. There were, I think, 7 others. There might have been 9 besides the Maoris. I did not go with Hornbrook. I went by myself. E, Hornbrook, sworn ; On the 17: h I went over with a drqy to the Maori Reserve to get a house I bought off Cope. I bad got it partly out when Kahn stopped mo. W'.nt to town to get help. 1 asked Leach to go and he j got there before I got back. We got ha'f the house off Kahn’s land, when he stopped me, I pushed him away from the leading horse, and he then went to the shafter. Leach went and got him by the neck. Leach qeyar struck Kahn, bat Kahu struck Leach. L’aoli got hold of the whip, and wonld not giva it np. Leach was knocked down asd I saw Kahn kick him. To complainant : I beard Kahn say when he kicked you “Take that, you J haya a receipt from Cope for the housa. To uccuaed : T did not hear you tell Leach to clear 01 4 Thomas William Halt, sworn, deposed to seeing Kshu go and try to

stop the horses, aud saw him kick Leach twice.

Cope, sworn : I sold Hornbrook the house. 1 remember, between 3 and 4 o'clock on the 17th, seeing Harry Kahu kick Leach. The assault did not occur on Kahu's land, it was in Kiti's paddock. It was the proper road oat. It wap my house that I sold to Horn* brook.

Accused said be was summoned for assaulting Leach, and that bad nothing to do with the ownership of the house.

To accused : I was about 7 or 8 yards away when you kicked Leaoh. The first I saw was when you got hold of Leaoh and there wag a bit of wrestling. Harry Kahu, the accused, said : I wag away when Hornbrook oinu for the house on the 17th. I oame back bttween 11 and 12 o'clock, and was told Hornbrook was breaking down the house, I came to town and when I went bsck I told Hornbrook to stop, We had a word or two and he stopped. for twe or three hours. Then Leach o»me up and be and Hornbrook got talking together. There were nine Europeans thtre then. They were standing a little way away from the dray. I was standing at the dray. They came down and I asked what they were going to do, I told them they could take out the dray and horses but they must leave the timber. They began to move, and I stopped the horses, Leach called out. "j)o yon allow this to go on f" He got of me, and I struggled away from him, and told him to go away. Leach then got ftghting with the Maori women. They said, "You have nothing to do with this." Another man went and separated them. Leach took the whip. The whip waa mine. I asked for it, but he would not give it to me, I made a rush at him to get it, and he struck at me with it but hit the ground. We struggled and fell into the ditch, he on top. I got up I "gain told Leach to go, and I then kicked him. I said " You have nothing to do with it." In reply to Mr Inwood the witness laid the house was put up by Leach with Leach on me, the best way I could, when he had the ground. Wh«n Judge Msckay came here last winter, he divided theressrves. Ihe house was upon the block of land apportioned to his family. There were five or six of them had an interest in the block of lanl and the hovse was supposed to be theirs. Cope dil not put the house up or buy it. An arrangement was made before Judge. Maokay that'if any msn's property—houses, or fences—was put on another man's land he could shift it, The Bench said the Court would not ' go into the ownership of the house. They considered the assault bad been proved, but thought that justice would be met by defendant peying thi costs of the summons. No witnesses /exposes would be allowed. v ' *

LAIOBNT, . William Philp (!1> and Alexander Webster (10) were charged with, stealing at Winchester about 3lbs wool,, valued at Is 6d, the property of the trustees in the estate ot the late John Paterson.

The boys, who were unrepresented by their parents, pleaded guilty, Webstpr said they each took half.

W. Chatteris, Manager of (be estate for the trustees of the late John Pater* son, deposed that he had some hoggets running at Winchester and one died, When he saw it it was too far gone to skin. He palled soon* of the wool off, but it was not ripe enough, so he left it. On Tuesday when ha went up be found that the wool was stolen. He went to MoCaskill’s woolworks and made inquiries whether any wool bad b en sold there, when he was told that t ung Webster had sold some that nicmiag. He went to Mrs Webster and asked her whether she was aware of what her hoy had done. She did not seem to think it any harm. Ho told her that he bad heard very bad accounts of her boy, and would have to make an exampls of him. He spoke to the trustee, and they told him to put it into the hands of Constable I Morton. He saw Mrs Philp, and she said her boy had not sold iho wool. She seemod yery grieved and laid the blame on young Webster, Webster was a very bad boy. He told Mrs Philp he could not pass it over, but ahoold put it into the hands of Constable Morton, In reply to Mr Inwood, Constable Morton said no ona was present to repr«ent (he boys, Webster's father was in the Hospital, and Philp’s father was away working at the Waitohi. J. MoCaskill, who carried on bo mess et the Winchester Pollmongery, said be bought the wool produced from Webster between 10 and 12 o’clock on. Tuesday. On his asking the boy where be got it Webster said he was given fh? wool on a sbeep that bad died, and as be cou : d not skin it he plucked it off. [] a said Mr Charter!* gave it to him. In reply to Mr Inwond, the witness said he had bought wool from Webster before. In the winter lime he had bought akin* from him, after making enquiries and finding that his father had bought sheep which he killed. In reply to the B-nch Constable Morton said Webster had been convicted in February last, and discharged for setting fire to gorse at Winchiistnr, He considered him the most incorrigibly boy he knew in Vb inchester, or, in fact, in the country. There wae no convicuon -gaiast the boy although he had been brought up on a charge of cm ting som ’reins, Webster was beyond the control of bis parents. He" asked that in addition to whatever sentence the Bench thought f|t to inflict in thia case, they would under the poweracon* ferred upon them in the Justices of the Peace Act recommend that the Resident Magistrate should commit him to the Industrial school.

' < After a short consultation the Bench fined Philp 5s and gave him ■ a severe caution. In the case of Webster they decided to recommend the Beaident Magistrate to commit him to the Industrial School, but if he did not do so, this must not be taken in lieu of a sentence. In the meantime he would be released. Constable Morton said he would, bring the boy before the E.M. the first time he was in Temuka. citil cases. The only citil heard was that of B. Smith t. W. Mewhinney, claim £l4 6s. There was no appearance of . defendant and judgment was given for plaintiff with costs. The Court then rose, f