RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 1908, 13 February 1875, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before W. Fbasek, Esq., 8.M.) DISOBEYING A SUMMONS. Taituha (a Native) was charged with disobeying a summons for unlawfully assaulting one Charles Rowley at Hiku+aia on the 29th of October, by sewing him by the throat, throwing him down, and attempting to throw him into the river. Mr I)odd appeared for complainant Bowley. Mr G. T. Wilkinson. Native Interpreter, was sworn; Defendant pleaded not guilty. Charles Bowley deposed-^-That he was

a miner. Recollected the 29t|Jpf October last. He was at Hikutaia.'<*saw defendant there. Knew defendant, who could speak English. Witness was sitting down on the bank of the river, when defendant rushed at him. Ho took up a kerosene bucket, and made a dash at witness with it. He tried to hit witness' head. Witness warded off the blows with his elbow. He hit 1, witness, and then closed with him. Witness told him he would makiehim pay for it afiheShortlahd Couit. He replied, " b—— the law and Shortland too." Witness, being the lighter man, was under defendant, who said, " Youb-r—, I'll drown you," in English. He tried his utmost to put witness in the river. There were present, n. Mr Nicholas and Mr JBinney's brother-in-law, and, a Maori child. Witness gave no provocation. Defendant had'since sent a, message to witness that the first time he caught him he would take his b—-y life. ; •■" By defendant—The only reason for the assault was that we had had a conversation an hour before about a debt that he owed me. I never stole any scales belonging to defendant. I lent him a pair. . - Defendant here said that Rowley was a companion of Satan. Complainant said he had bought the scales from one McMiniman for 10s, and had lent them to defendant.

Defendant said the scales had belonged to him for a year, and that he had lent them to McMiniman. He also said-that complainant had stolen them from him by breaking into his house. . In answer to His Worship; complainant said—l several times questioned defendant about the scales, and'lie always said they were in the bush. They were in xny possession at the time of the assault; they were given me by. his own mate Tukeka. I did not see defendant

between the time I received the scales and the assault. Defendant took up the bucket before he said a word, rushing at mo like a madman. He said, " Give me the scales, or I'll have your b—— life.? I refused, and told him I would bring him to ..court. There has been no court case about these scales before. Before defendant came .up I had put the scales in a beat with a man named Houlton, ready to take away. , I told Koulton. to throw them on shore. He did so, and defendant ; picked them up. I may have thought j defendant had come about the scales when I saw him. I think the first words he said were "Give" me'those scales, you b—■— " I may, hare thought be came about the scales because I knew he only wanted the slightest pretence to do me an injury. He has threatened me before. I know the temper of the man to be bad. I did lend him money ; that was before I knew him bo well. I lent it to him besause I thought he was an honorable native. „ , , .. : , Albert John Nicholas deposed—That he was a settler at Hikutaia. Bemembered the 29th of October. iHe. iaw defendant beat Bowley on the back with a kerosene Jbin_ till it—the tin—was bent. .(The witness illustrated by- pantomime the action of the Maori whilst engaged in beating Bowley, for the better inferma* tion of the Bench.) Defendant was in a tremendous;passion.«: He swore dreadfully, and said he would throw Bowley into the.river/ Poor Bowley was like a lamb, you know—a perfect child bolide defendant, who. was a powerful fellow. Defendant's two dogs were bitingßowley's legs, and were if anything worse than defendant himself. Defendant also took up a stick to strike him. Witness at first thought that • Bowley owed defendant money, but discovered that the boot wag on the other, leg. Defendant did mention about the scales, sayiog that McMiniman gave them to him. Defendant told witness this at t an interval in the affray. [The" abqve^was ah eccentric and very amusing typeof witness, giving his evidence in a social, chatty strain, interpolated by certain original remarks and a good deal of spasmodic laughter.] His Worship : Were you as sober then as you are now. Witness shou'd hope he had beeo^ rather more,so, • , . ; Then, said His "Worship, you may think yourself, lucky ;T do not send you to the lock-up. See that you don't come here again in that state. ... Witness (with unparalleled dignity).: I am very much obliged to your Worship for your consideration.

Defendant then made a statement. The first time he saw Rowley was at Kelly's house at Hikutaia. He was going to plant potatoes. .He left then, and when he came back found that Rowley had stolen his scales. A woman named Mrs Pean told him that Rowley ha 4 taken the scales from the house with hi* own hands. It was then ho went down and asked Rowley for the soales. Rowley refused, and defendant persisted. Rowley said, " Go and fetch them from the boat, if you dare." Defendant said he would not do that—Rowley had put them there* and ought to take, them out: Defendant then told Rowley he would put him in the water if he did not give liim. the scales. Rowley said, "You can't do it you br ." He also had a knife in his hand; Witness took up a; kerosene tin, and told him to put it away or he would hit his hand. The tin was bent before defendant took it up. Finding ,that -Rowley would not put the knife.away, and was not afraid of the tin, defendant went, for a stick, and then when he got it came to Rowley, who then at his. dpmaud, put the knife aFsyl He tjien asked Rowley to go for the scale?. He. refused, an£ defendant put him down four 'timesr, each time Rowley., struggling with jnnii and tearing his shirt nnd flannel shirt. Ultimately Rowley " gave him best," and sung out to Roulton to throw-the sciles onshore. When Roulton did this, defendant picked them up,- and told Rowley lie could'go, but that if he bad not hare given ' them up, he. (defendant) would

have Ihrown him in the water. He' did not strike Eowley. Moowaka deposed—That she remembered the occurrence of the assault, but did not see it. Defendant's mate was lying drunk outside the bouse when witness and another Maori woman left it. The house was locked, and the icales were inside. When witness and the other came back (having been away half an hour), the padlock ofj the house was broken and the scales gone, defendant's mate being as lie had been left, drunk. His Worship desired Mr Wilkinson to tell defendant that supposing he was warranted .in believing his statement against the evidence for the plaintiff, and that his house had been, entered and the scales stolen, he had no right to take the law into his own hands. . If the natives were robbed by Europeans all they had to do was to communicate with Mr Puckey or Mr Bullen and they would receive justice the same as white men. He (His, Worship) admitted that there were suspicious circumstances attaching to the case, and in consideration of this ho would, as the costs were heavy (£5 6s) only fine defendant 20s and costs, with the alternative of 14 days' imprisonment, instead oi committing him to gaol without the option Of a fine. In answer to His Worship, as to why he had not obeyed the summons, defendant said he had been in the bush* and had not heard of the summons until the Court day was past. He denied that he ever said he should not appear in Shortland until he had money to. support his case. He further remarked as his opinion,-that no person, unless possessed of the virtues of a god, would be able to restrain,himself when he was robbed and insulted. His Worship told defendant that were many men anything but god-like who had to do so, and that he would likewise.

h A VAGEANT QX7AI)BITPEI>. I.; Frederick Souter was charged with a breach of section 28, Bye-law No. 3 of Thames Borough, by allowing a horse to wander sit large in Mackay-street, Shortland. :■/■■ ■■■■■•: ." ; • ' '- - ■^•'••'•-•-•.. - ■•"- .; Mr Bullen said Mr Souter had not returned from Auckland, and the case was again adjourned. A FEMALE MAULED. c "William Fagg was charged with that he did unlawfully assault one Takeiti, by striking her on the face with his clenched hand, tearing her hat off her head, and breaking her umbrella. No appearance of either party, and the case was struck out. The Court then adjourned.