TRIAL OF TOTOKOWARU.

Star (Christchurch), Issue 4243, 26 November 1881, Page 4

TRIAL OF TOTOKOWARU.

♦ [By Tbibgbaph.J [sbom oub speoiai. cobbbßpondbnt.] NEW PLYMOUTH, Nov. 25. About half-past ten this morning, Titokowaru was brought down from the gaol to tho Court House. He was on foot, not handcuffed, and wus escorted by two of tho civil polico. He walked with a firm step, and seemed quito indifferent to his situation. On being told to enter the dock ho appeared disconcerted, but after a few seconds walked in and seated himself on a chair. The only clothes ho wore were a European blanket and Maori mat. Tho Bench consisted of Mr Rawson, R.M., and two local justioes. Mr f tandish appeared for the nominal complainant, Thomas Lloyd, hotel keeper, Mania, but in reality for the Crown. John Blake, half-caste, interpreted. Titokowaru was undefended. Lloyd's complaint wa3 that at Mania, on Oct. 8, Titokowaru said : " I will burn down Mania ;" that on Oct. 13 ho said : " I will buru down this wharo (meaning Lloyd's Hotel), and kill the women and children;" and thafc on Nov. 17, at Fort Rolleston, while a prisoner, he said to his fellow-prisoners : "Do you fchink my people will run away like these young men who are standiug as a guard for us. The Europeans may, perhaps, have forgotten Te Ngutu o Te Manu and Moturoa. This is your day, but mine will come hereafter. Do you consider the Europeans a noble raco P" Blake had commenced to interpret the complaint to Titokowaru, when it was discovered that he was not sworn, and tho proceedings commenced de novo. In reply to the usual question, Titokow>ru said : " I admit tho complaint." The Bench was about to give its decision, when Mr Standißh contended that they ought to take evidence. After some discussion between Mr Standish and the Bench, Mr Rawson said: "Very well, we will enter up a ploa of 'Not guilty,' and hear evidence." Ihis ploa was accordingly entered up, and Titokowaru informed that ho bad pleaded " Not [ guilty," at which ho appeared much gratified, wrapping his blankets round him as though to leavo the dock, whon tho iutorprotcr explained how matters stood. lie looked puzzled but resigned. Thomas Lloyd gave evidence as to the threat alleged to have beon made on Oct. 13. Witness had not heard the words usod, but was told of thera, and calling Titokowaru outsido asked bim what he meant. Titokowaru said he did not mean anything ; it was all "gammon." The wifness himself thought ifc was " all gammon," but on being furthor examined swore that ho had reason to think that Titokowaru might carry out his threat. At fchis stage, an error in fche information was discovered, and it had to be amended. Tho error was that tho alleged offence had been committed io tho wrong County. Arthur William Budge, Manager of the Bank of New Zealand at Mania, deposed that ho was in Lloyd's Hotel, and heard litokowarusay, in broken English and Maori : " I will burn this wharo. I will kill the womon and children." H. R. Cockburn, blacksmith, Mania, deposed that on Oct. 8 ho heard Titokowaru sayj : "I will burn Mania down." Witness did not think ho meant ifc. He was only joking;. Titokowaru had been offended by Europeans, and wa9 chaffing in return. Captain Northcroft (A.0.), stationed at Parihaka, deposed that Titokowaru had been tukon into ouslody for not " dispersing " on Nov. 17. When somo of the prisoners were being removed to a large wharo for safe keeping, Titokowaru said the words eet forth in the complaint. Captain Northcroft, in giving evidence, gave the words in Maori, and when asked by Mr Standish lo translate them into English, ho was afraid he was not sufficiently a Maori scholar. He suggested that Blake, tho intorproter, should interpret. As he spoke, Blake was commencing to do so, bufc as his interpretation evidently differed from that in tho information, tliat document was placed in Blake's hands, and he interproted in accordance with ifc. Mr Rawson -. Afc To Ngutu Te Manu, and Moturoa, Captain Northcroft, tho Natives had tho best of it ? Captain Northcroft : Decidedly ; thoy were successful. Titokowaru (on having this answer translated) : Kapai. Witness, ou boing asked to Bay whether ho thought Titokowaru intended to convey any threat by tho wordd ho used, said : " No. I tbink it was mero bounce, and that thero was no roal intention to do any harm." Thore might be such an intention, but he did not thiok so. riubiequontly, when Mr Rawson road over Captain Northcroft' s evidoncr, ho read it as though tho latter had said : " I understood that ho (Titokowaru) would tako somo lawless revenge." Captain Northcroft protested that Iho word ho used was " might," and appeared reluctant to admit that dogreo of ujiprohouiion. Titokowaru did not quoation any of the witnessoa. Ihis concluded tho evidence, ad tho Magistrates retired to consider it. Aft: ran abaeuco of abjut twenty minutes thoy returned, and Mr Rawson, addressing tho interpret er, s.iid : Tell hiui (Titokovrai-u) tbat Mr Lloyd luu sworn his cnnplaint, atd we havo he'aid evidence in su; port of it. Tell him that Mr Ll-.iyd swt-urs tbat ho lus just cause to f: ar that theso threats will bo carried into execution. Tell him aUo lli.it ho has failed to show e&v,3o why — Mr Htundish horo interrupted tho Bench, pointing out that tho dofendir.it had been allowed uo opportunity to show ciiuso why ho should rol co bound i.vui* according lo Iho 89iheoctijn i-f the Act. J.T<? should bo uskod if ho desired lo call robultiug evidence. Mr Kuwjjo.'i, lo interpreter : Aek him if ho wishes to slioiv eriueo why ho ehould not be bound ovor, or if hn wishes to call witnesses to controvert tho evidence given. The interpreter tasked tho pcrmissicn of the

Oourt to explain to Titokowaru the meaning of the legal phrase. " Show causo," and also what 'finding sureties" meant. Permission was given, and Titokowaru listened attentively to the interpreter, finally asking how much the suroties would be. Mr Rawson said ho would learn when judgment was given. He then asked if defendant could chow cause, kc, ko. Titokowaru : I do not know anything about what has been spoken— that is all. Mr Rawson : Your aro ordered to find two sureties in £500 each, to keep the peace for 12 months towards the complainant, and all other Her Majesty's subjects, and you will be kept in tho common gaol of New Plymouth until you find sureties. Titokowaru was then removed to gaol.