RESIDENT MAGISTRATE'S COURT.

Thames Star, Volume III, Issue 1665, 20 April 1874, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before W. Fbasbb, Esq., R.M.) DHUNKENKFBB. Kichard Lowe, charged with havin* been drunk and disorderly in Willoughby^ street, was on bail—amount forfeited. lAECENT. Tamahi Paora, Eamueri and Henri were., charged . with that—they didon or about the 23rd* March, 1874* feloniously steal and'take away from a ,whare. at Tairua. Creek, one kit and- two - bags of kauri gum, value £5, the pro-, This was a remanded case. . The prosecutor, examined by Mr. Dodd, described th*e' different • sample* of gum produced as being swamp, qr.dry, or tre;e. lne witness swore he had not threatened any. witnesses in the case. He owed the,') defendants money—about £9. Had heard that the natives were going to take the B um for money owing. The debt was u FT 1??8^ 0 bis Sivin S information about the theft; Could h©t swear to any particular piece of gum produced, Was never gum digging, but had dealt in it. bum was brittle, and pieces of it might lose their identity after a twenty-mile trip on a pack-saddle from friction, or pieces being'broken off. I only saw the defendants once before the gum was stolen. baw Mr. Dodd outside the Court House door last Cotfrt -day. Did-not tellhim to let them rip, and that he (witness) would shng him sbinething^for ' Mr. Macdonald. • Witness bought '6 cwt. of gum off the defendants to see if there/was any gum in that parcel like that which he had lost. Samuel Miller, sworn—l am I'in the employment of Mr Kelly. • There was some gum that had been lying" in the'' swamp m boxes. I was 1 sent'vto bring it in. When I went for the gum, the natives were waiting 1 for me.' il weighed the gum and took delivery. Their campwas lower down a steep hill, where it was impossible to take a horse. I took back 2cwt. 101b. A. man of the name ,pf , beather was sent for the remainder. When l<. return* I he said some of the §" m .*•£ unplug. Their was nothing whare. I and the constable persisted in looking over their gum. One bkWthought belonged to Mr Kelly" from its superior quality and cleanness, and corresponded with the bulk of the gum from which the parcel had been stolen." We turned the gumout of,the bags and"filled. ' them again. We' generally'do toj when' buying gum. I have been engaged in the gum trade about 18 months.John Seather examined by Mr Mac'donald—l was sent for the remainder of the 20cwt. of gum," and found that three parcels were missing—two bags aH aS fc>' ! Mr Kelly of it. I went with Mr Kelly to the whare of the accused, and looked at some gum that was there, and th6ught that the gum. Wiremu, a native sworn—l am a gum digger, at'Hikutaia. There are other natives with me doing the same work. I remember selling some gum to Kelly. I got it on Wairoa on dry land. I knowthe accused ; they are gum diggers. They get their, gum on swampland. I" put the gum I sold Kelly to" where the wire is, and gave it over to Miller. I helped to scrape the gum soldy \ The two pieces shown me are part of the lot sold to Miller. lam quite sure of it, because ■ - I recognised them. They conie from- the dry land, and I scraped then* myself and remember them. I went to the whare'of the accused with Kelly and & constable, and saw some bags of gum there. They were emptied out, and I recognised some some of the pieces—those produced. We : sorted over two bags., , V, ! Another native was put in'fhe witnessbox, from Whangamata, who refused to be sworn until he knew whjtf he was to get for it.' ' ' ' j' Mr. Bullen, in answer to His Wonhip, said there was a system of payment by £ covering letter. \ \ His Worship said he would grant one . at 5s per diem. „ ■A Witness said if he had knojrn it was so '. little he would riot have come.' Witness said he wanted 10s a day. ' fl . Hi« Worship told him h$ must sire his evidenceor be sent to gaoj. • | Eventually-he was told td'iitand down, and go back where he came from without any expenses, He left the Court in disgust. ; Cf S& ble StapHon> wonq, ; sai4-I went with ; Wirjemu io the wh«re of the accused and emptied some of the gam out of the bags. Wiremu^ook two pieces ip his hand and identi^edthem. I then Vfook the acciised in custody!" "l" ;_ Josh Jenkinses worn, said—ikriowith'e i piece of gum produced. I scraped it. e. X" f it some time since to Bowley. I nave been gum digging since first week in January., Fgave the'nafayes a tree which would "gfve about 6ewt. of gum.to, ,the..native who had been-kind * to me. ■ Case dismissed., , The Court then adjourned.