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POLICE COURT.

Mondat, February 20. — Before C. E. Rawson, Esq., R.M. ASSAULT.

Joshua Jones was chareed with having on February 7th, at Mokau, oaaaulted Te Oro Watahi. — Mr. Roy appeared for the informant, and Mr. Standiah, with him Mr. Hughes, for tne defendant, who pleaded Not Guilty. Mr. VV. Oarrinpton interpreted. (Continued from yesterday.) By tor Standisb : He did not know that the women were going to pull the f enoe down. He did not bpeak to the women before or at the time the fence was pulled "down. He did not tell Constable Gilliapie that the fence was pulled down because they objected to him putting it up. He did not know at the time of the souffle that the fence was pulled down, but he thought it was down on account of Jonea' action. They had no korero about pulling the fence down. He learned the cause of Jones' action when the women came back. This closed the case for the informant. Hia Worship said he would like to be clear on what Mr Standißb. contended. He wanted to know if this Court had no jurisdiction to deal with the case on account of trespass being involved, what phase the case would take. Mr Standiah thought that if His Worghip dißmiaßed the case the prosecution, if they wished could take it to a higher His Worship said he had not made up h'u mind on the point. A somewhat long discussion here ensued as to the jurisdiction of the Court, when Hia Worship finally asked Mr Standish if he admitted the assault. Mr Standish said they admitted an assault, but not the assault detailed by the prosecution, and that what waa done was justifiable. He Jatill held that as the title to the land was involved it was beyond the juriadiotion of the Court. He then called Joshua Jones, the defendant, who said : My family has been on the land at Mokau since January, 1883. It is a condition of the lease (produced) that I am to reside on it. Te Oro whs one who put me in possession of the land, and hta received rent &b one of the signers of the lease. I saw him sign it; he was perfectly sober. Captain Messenger was sent by the Government to see the signatures duly signed. I have been in undisturbed possession of the land up to the present time. The natives took me up in a steamer and put me in possession, but there were two or three pntches of land in the block cnltivated, and the Maoris asked me to let them remain undisturbed, which I agreed to. Theße patches did not include the place where the fence was pnlled down on the spot where the assault took place. I erected recently two pieces of fence near the Mobakatino river to keep Maori cattle ont of an orchard. On the morning of the 7th instant, he and hiß eon after breakfast went to work, passing the natives that had eiven evidence on the way. They went round the beach to the bush to split poata. It was about 300 yards round a point from the fencing. They could not see the fence. We were at work when my attention was arreßted by hearing Takirau's voice haranguing the people, and speaking about the pakeba. I waa surprised because the v.oice came from a place where he was not accustomed to be as it was away from hie kianga. We kept on at work, when one of his little children came and Boid that the Maoris were palling the fence down. My son and [ picled up our axeß and went to see what was being done. When we came out of the bußh they saw a number of natives clustered . on a bill, and when they got round the j point, they saw the women palling down the fence, being exhorted in their work by Te Oro and Takirau, who were among the number on the hill. The women were Porua, Ngapuka, Heta'a wife, and several children. These women and the others livw in one kianga. The diatance between the fence and the hill was not half the diatance from the Courtroom to the Red Houße Hotel in a Btraight line. 1 could distinctly hear the conversation carried on. I said to the women. " Who has been doing this?" when Ngapuki and Beta's wife pointed to the old woman Porua. The fence was intact when they passed in the morning. The women had pulled up the fence in two or three places to the extent of about twice the width of the road. I told my son to get hie horse and fetch the police. We then started to go towards the bill. When I got to the hill the first person I saw was Te Oro, who began to make tracks. My eon started for his horse, when we got near the Maoris, for the purpose of going for the polioe. I called out to Te Oro to come back, as I thought he was at the bottom of the matter. I spoke to himm English, but he would not come back, and I ran after him Borne little distance, aud when I got up he turned round and looked at me. I said, "Come back to the others," -whereupon he replied, " I wont." I took hold of him by the clotheß under biß cbin to fetch him back to face him with the others. I took bold of him with the intention of not letting him get awoy. When I did this, he jumped at the axe which was lying on my shoulder, and I, after a struggle, wrenched the nxe from him. I did not attempt to strike him, nor did I try to cut him with it; I simply said, " You come back and sit down with the others." After the struggle I saw my Bon just behind me, and I gave him the axe to take away. I deny gnashing my teeth and uttering sonnds that Te Oro credited me with. I pointed to the fence, and asktd him in English if it waa his work, and he said, " No; but I approve of the women doing it, as it was good work." I put the same question to Takirau, Heta, and Kauperero, and they replied in the same strain. The bill is very lofty. They then wanted a korero, whereupon I told them I would have no talk, but would send for tbe police. Kuuporere lives about a mile away, on the banks of the Mokau, and the othera live some distance away. There was a whare near the fencp, where an old woman lives, but tho gathering that day was a special one. It IB the Maori custom when they dispute the title to land to put their women and children or some insignificant man to commit some net. The Maoris do pot hesitate to Bay that it was to teßt my title to occupy that lond. This all done by a small hapa acting contrary to the wishes of the majority. Welere'a own brother helped him to put tho fence up. There was one Maori, Ngaia, a son .of Heta, breaking in a horse near the hill, or doing eomething to it. I have no doubt but that Te Oro wbb a leading spirit in tho movement of pulling down tbe fenoe. By Mr. Roy ; I have got about eighty pipaturci to the lease, The land ha* not

been surveyed. It if? held on an interlocutory order, but there is no certificute of title. 1 bnve applied to have my lease passed the Trust Commissioner. The application was held over until the lond had been surveyed. A section in " The Special Powers and Centraots Aot gave mo power to occupy. I have had two quarrels with Te Oro. I have not frequently complained to the Government about the natives, but I have lately. I did not see the women in the aotual net of pulling down the fence. I did not brandish the axe at To Oro when I overtook him. I did not use an expression that I would smash his head. I Baid to him " Give up the axe or I'll Btrike you." This was when we each had hold of the axe. I had him by the clothes under his chin.

Constable Qillespie, stationed at Pukearuhe, itnted he saw a number of natives on the Bth instant. He saw Takirau, Te Oro, Heta, Kauperere, and others. He spoke to Te Oro on the road through Philipps, a half-caste. He simply got a btatement of the alleged assault from Te Oro, who also said that some women hud been pulling down a fence. Te Oro named the women who had pulled the fence down, whioh they had done as a mild protest against Jones erecting fences on their land. Te Oro said he had nothing to do with the fencing, but he approved of their work.

By Mr Roy: Ho saw Jones half an hour before he met Te Oro, when Jones complained of Maoris pulling his fence down. Jones said that he went to the fenoe first where the women were, and then to a hill about 400 yards away where the men were aongregated. When he got there Jones said that Te Oro ran away aud he went after him and caught him by the throat, and dragged him back, saying, "Come, let us have this matter out." Jones said he had an axe in his hand at tbe time, and tbat Te Oro caught hold of the axe and a struggle ensued. Jones then told Te Oro if he did not let go of the axe ha would smash him. Te Oro eventually let go the axe, and he told his son to go to Pukearuhe for the police. Walter Jones, son of the defendant, gave corroborative testimony.. This closed the case for the defence.

Mr Standißh then addressed tha Bench, asking that the charge should be dismissed, as it was a hona fide quarrel between the parties over the title, from whioh the Court had no jurisdiction. His Worship said he would not not rule on the point until the whole case had been finished.

Mr Stand ish, for the defendant, and Mr Roy, for the informant, then addressed the Bench, after which His Worship said he was satisfied that defendant had committed an unlawful assault; he was fully satisfied from the evidence that defendant caught the informant by the throat and flourished the axe he had in the other hand. Such conduct as this might have resulted serioußly ; bat why did defendant do it ? Because Te Oro was olearing off when defendant come on the bill, and it then struck defendant that Te Oro was to blame for palling the fence down, and then he went after Te Oro and caught hold of him, which act was unlawful. As to sec 185 of " The Justice of the Peace Act," which Mr Standißh contended placed the case ont of the jurisdiction of the present Court, as a question of title was involved. His Worship held that it did not apply to this case. He looked on the assault as perfeotly unjustifiable, for there was no evidence to prove that Te Oro had anything to do with the pulling down of the fence. Defendant would be fined £1 11s, with costs, £5 9s; in default, 14 days imprisonment with bard labor, a fortnight to be allowed to pay the fine. Mr Standish said that he would give notice of appeal. Mr Boy said that an appeal could not be as the fine was under £5.

Mr Standish asked His Worship when he would hear the other case Jones v. 8 Maoris, for malicious injury to property. His Wbrship said that he would have to go to Wanganui at once, for there were 36 jurymen, oounscl, and witnesses awaiting him there for the District Court Sittings. After some time the case was set down for hearing on Monday next at 11.30 a.m. The Court rose.

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/TH18880221.2.16

Bibliographic details

Taranaki Herald, Volume XXXVII, Issue 8103, 21 February 1888, Page 3

Word Count
2,029

POLICE COURT. Taranaki Herald, Volume XXXVII, Issue 8103, 21 February 1888, Page 3

POLICE COURT. Taranaki Herald, Volume XXXVII, Issue 8103, 21 February 1888, Page 3

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