OPUNAIE.

Taranaki Herald, Volume XXXIII, Issue 5808, 15 July 1885, Page 2

OPUNAIE.

RESIDENT MAGISTRATE'S COURT.

[fkom oue own cobrespondent.]

Monday, July 13. — Before Col. Roberts, R.M., Major Gascoigne, A.C., and Messrs. Breach, and Chapman, J.P.'s.

Makara, an aboriginal native, was charged en the information of Constable Ryan that on July 3rd, at Cape Egmont, ho did unlawfully steal, take, and carry away certain timber, to wit, four boards, valued at 45., of the goods and chatcels of Heniy Ernest Robson and Herbert Cecil Robson.

Prisoner pleaded not guilty. Inspector Pardy stated that the case was a very slight one, but the great excitement which had lately existed in the Parihuka district was gradually subsiding, when the present case cropped up. It became, therefore, necessary to consider it of moro than usual importance, and the information was laid not so much to obtain a conviction as to prove tho reports lately circulated with regard to the Queen's writ to be without foundation. After briefly stating the facts of the case, ho called Ngairo, who, being sworn, said: I reside at Parihaka. 1 know accused. I was in his company on the Cape road on the 7th instant, near Quickenden's home. I Baw Constable Ryan on tho road on coming back. I remember him taking boards from the dray of accused . Accused got the boards from under somo flax ut the side o^Mte swamp. 1 did not see the boards in the flax. I heard the accused call out that there were boards in the flax. Prisoner was standing near the flax where the boards were lying when he called out. I first saw the boards when the accused was bringing them out of the swamp ; ho was carrying them in his arras. There were four boards. Prisoner was about to build a whare. There was no other Maori in the swamp when he called out. There were rushes there in a heap, which had beou placed there a day or two before ; the rushes were cut by prisoner and two other Maoris.

The Bench aßked the prisoner : Do you underntand the evidence given by witness?

Prisoner : Yes.

Aoturoa, sworn, said : I know accused and last witness, Ngairo. I was on Capo Road leading to the lighthouse on 7th instant. I remember Constable Ryan taking boards out of accused's dray. I was out with Ngairo's cart loading rushes, and heard accused call out " Here are some boards." Accused was standing in the flax beßide the boards. I saw them in tho hands of the accused. When I first saw the boards accused was carrying them ; theyjvere the same that Ryan afterwards took out.

Mr. Quickenden, sworn : I am assistant lighthouse-keeper at Cape Egmont. I remember the 3rd instant. On my way home I passed Robson's place. It was about 5 o'clock in the evening. I know the place where Robson has a quantity of building material lying on his land ; it is not new timber, but a house taken down and carted there. When I first saw accused he was coming from tho lighthouse, which is from tho same direction as where Robson's timber was lying. I saw accused, and recognised him. 1 first saw him about two chains from Robson's timbei ; he was looking down at something, On looking myself I saw he was looking at four boards which were on the ground. I said, "Hallo 1 What have you here ?" He replied, "Are you going to that pakeha down there ?" meaning Mr. Fleming, as he had lost a knife near Fleming's gate. I saw four boards, but did not take notice whether they were old or new. 1 spoke to Robson on Monday evening following, When I spoke to accused he had some flax in his hand ; he was in a stooping position. This morning I pointed out the exact spot where I saw the Maori stooping over the boards. I have seen accused constantly working on the rood.

Henry Erne6t Robson, eworn, said : I am a settler residing near the lighthouso with my brother. A short time since I bought a wooden building from a man named Hill, which I removed to my land in order to erect it. Wo were working near Quickenden's, when he told me about the prisoner and boards which I misßed on tho 7th inst. I saw prisoner coming down the road. He came down by the fence within a chain, and turned into a swamp of big flax bushes. I saw him pick up some boards and place them on his shoulder. He carried them up the road towards Pungarehu. I saw two drays opposite Mr. Quickonden's, but the prisoner was alone, and curried the boards in that direction, but I don't know what he did with them. I could just see my brother, who was coming from tho lighthouse. I told him what I hud seen, and he went to the drays to examine thuin. When he searched he found no bourde, and retnrned to aret his pony to inform tho police. While he was doing so I saw >wo drays coming down the road. When they arrived at tho flax one backed into the flax about 10 yards. I did not recognise the other Maoris. The accused went into the swamp followed by another native, leaving ono man in the dray. They returned with four boards, which were placed in the dray and covered with flax and rushes. I identify the boards as those I lost, and have not the slightest doubt as to their being mine! The ground from which they were taken is fenced. Tho value of the boards is four or five shillings, the state of roads making timber in tho place of exceptional value. Herbert Cecil Robson, sworn, stated: I am the brother of the lust witness, and live at Cape E^mont, und am part owner of timber on property. I remember Mr. Q-iickenden speaking about seeing a Maori near our timber. I examined timber to discover whether any had been tukcu, and missed some boards which had been pulled out from underneath the heap, but am unable to say what quantity was gone. In consequence we kept a look out. Ido not know tho accused. On 7th inst. my brother wtß working where the timber waej From what he said ( went up the Cape Road to examine some druys which wore opposite Mr. Quickenden's. I found no timber in them. The drivers were cutting timber in tho Government reserve bush. 1 returned, uud noticed bare footprints lead* ing into the flax, at a spot about threo of> four hundred yards from Quickcnden'e. I followed the tracks into the ll.ix about twenty yards, where I 3iw a large pile of flax und rushes, on examining which I found the end o£ a board sticking out about three inches from the back of the pile. 1 then searched und found three other boards, miking four in all, which 1 left as they were. I recognised them as my property^ Tho track of tho feet was quite i'reslu 1 went to my brother, and thcu caught my horso and went to Pungarohu to inform the police. I saw the dray, mean time, back into the Bwamp, whero tho boards were. Accused was in the swamp beside the pile of rushes. Not finding t.'ie constable, I returned. Ab I rode back I nut tho dray on the Cape ro.id. I met Constable Ryan on the Cape road. Tho boards (produced) I found at llemmingway'tj, tad uro the same as I found under the rushes.

William Henry Ryan sworn, deposed : I am a police constable. 1 remember on tho 7th instant being on the Cape road; received a complaint that accused hud stolen timber in his dray. I followed tho drays and examined them. One was loaded with Hitx nnd rushes. In the dray of which accused was stated to be tho owner I found four boards at tho bottom, covered completely with the flax and rushes. I took possession of the timber (produced). Accused offered no f urlh'/r statement.

The Bench retired for consultation, and rcmuiued closutod for over an hour. On thur return, the 11. M. uuid tho Court tindq sptno difficulty in coming to a decision.

and therefore adjourns the Court till 10 a.m. to-morrow. Tuesday, July 14. — Makaroa was brought before tho Court this mornintr, and the judgment was as follows: — " Tho Court having carefully considered the evidence produced, is of opinion that the offence has been proved ; but, taking into consideration the circumstances of the case, and its being the first offence, is of opinion that a nominal punishment will be sufficient, and in consideration of the time the accused has been in custody, sentencea him to be imprisoned until the rising of the Court." The Court warned the prisoner that if he was brought up for a similar offence again, he would not bo treated in so light a manner.