Original Tale.

Wellington Independent, Volume XVII, Issue 1782, 23 October 1862, Page 3

Original Tale.

MAHOE LEAVES, Being a selection of Sketches of New Zealand and its Inhabitants, and other matters concerning them. By Thomas Moser,- Esq. WIIAKAWA'S. ! There is no mistake about it ! I read it myself in the Maori Messenger, and I congratulate the country on it. Jeremiah is made a magistrate! elected, Lara led to uuderstaud, without opposition. He received the intelligence of his appointment one day, and commenced active duty the. next ; and for the space of one montb, he has been constantly at magisterial work — like a " clocken hen," he bas been perpetually " sitting," With the exception of his policemau (an intensely ditty man who rejoices iv the name of Absalom), and his clerk, I think he bas summoned and tried everybody in his pah, and has fined the parties to lhe tune of some thousands of pounds, — about four times the value of the whole of the district, at present unalienated. This looks like work! and, I repeat it, I congratulate the country upon the appointment. As for Parnapa, whose services have been called into requisition, (he being the only man about here who can write legibly) he has amassed such a pile of documents that if this work goes on, I anticipate a rise in the paper market before long. I cannot say that I feel any regrets at the "stirring up" lhat Jeremiah is at present giving his people, as my private opinion is, lhat the natives about here would be no worse for a system of pariiai crucifixion being brought into operation, and iv default of that extreme course, I rather chuckle at lhe spectacle of old Jeremiah "coming down upon them" pretty stiffly in his court. His fines indeed may be grett " myths," and in all probability they are ; but even if he^gets the costs of his summonses, which I have an idea that he does, and that is about all — why, it is something. These enormous fines, however, that Parnapa enters in his hook, look very imposing, though considering that the sinners who are mulcted in them are worth nothing, perhaps a trifle absorb. Amphora calpit, Justitui currente rota, ciir>*)'ceus cxit 0 would be a capiia! quotation to inscribe on Jeremiah's rostrum. I have ouly attended one case as yet befoie the courts, and as I shall not inconvenience myself by attending another, I purpose devoting a few lines to a description of it. The facts out of which the case arose were briefly these. A lady of lhe name ot Lavinia, who for. some time had labored under the stigma of being no heller than she should be, was supposed to have committed herself, in the absence of her husband, (a long shanked fellow of the name of Abraham), who had gone on a prilgimage to ;« neighbouring settlement, to attend a judicial inquiry touching the virtue of his aunt. Malaehi (also the Kaiwbukawa of " Our Pah,") to whose ears the fiail conduct of Madame Lavinia officially came, at once summoned her, and her Lothario befoie his court, and fined tlie pair some twenty pounds. Upon Abraham's return, tlie circumstances were duly leported to him ; after first denouncing the auI ihority of the Court, to take cognizance oftha matter in his absence ; he forthwith called a large " runanga," composed of the Whakawas of the neighbouring tiibes, (including old Jeremiah) and sued thereat for a divorce, a menca et thoro. A case of such impoitauceas this, was the signal for a general gathering from all parts, of young and old; and a great slaughtering of pigs, and collection of potato kits, was at once undertaken by Malaehi and his people. The possibility of an enquiry inlojthe justice of his decision in this case, appeared to have presented itself to the mind of that enlightened man previously. For he, with the assistance of Parnapa, had examined, and re-examined the witnesses to such an extent, that the possibility of a " break down" in th c evidence, seemed a sheer impossibility. Independent ol this, hosts of outsideis had been sel to work to engage theiu in private conversations, and to report the same to Parnapa, who forthwith took copies of the same ; and as these living examples of the "• ordlio obliqua " had to be likewise examined and cross-examined, I need hardly say that the case was thoroughly "got up." The day, however, arrived at last, for the grlind hearing, before the collection of judicial wisdom of the district, and with it came old Jeremiah, in a great state of fuss, followed by all his people. As he passed my door on his way down, he confidentially informed me, " that Malaehi and Parnapa, were a pair of fools, and that he would put them lollie "right about" very shortly. He appeared to be thoroughly up io the plaintiff's ease at all events, as indeed he might he, haviug given Abraham a private hearing of bis case, which lasted two whole nights aud the part of a day. He assured me that there were some awful lies told somewhere, at present a mystery which he was destined to shortly unravel, and bring the culprits io an unparallelled amount of grief. The case had been going ou for some two days and nights, when curiosity prompted me to pay a .visit to the court. The whare Whakawa (CourtJMpuse) was tolerably full when I airived, but business was temporarily suspended, it appeared. A group of dissipated young fellows were playing draughts iv one corner, the board being marked out on liie floor, and the men composed of slices of potatoes, the black ones ingeniously marked with a burnt stick. As however their dirty fingers by constant handling had made the whites nearly black, some dispute seemed arising respecting the ownership of a king. A number of ohl women were sitting jabbering round lhe lire, engaged in roasting maize iv ihe ashes. Oue of the magis- i trates was busily at work patching his shirt I with a piece of old print aud some flax in oue cciuer. Another was engaged with one of the jury at an exciting game ol " all fouis," played with an almost illegible pack of cards,, and kept constantly vociferating (To Ti-aki) " Your Jack "! as he dabbed down a greasy "piece of pasteboard, wilh the faint outlines of a King ofHearts impressed thereon, it being one of the few court cards the pack seemed to possess. A brother " beak" lay fast asleep in another corner, emitting a stentorian noise from that fea tore of his face corresponding with his "slang" official name, and the rest of the company, including old Jeremiah, sat in great state, wrapped in their blankets, awaitiug anotheijcall to duty. Upon enquiry of that worthy, I found out that they had not got all the wituesses examined yet, and that there was little prospect ofrjiheir gelling through lhat day. Roused, however, by my desire to hear something of the case, Jeremiah turned out his diiry constable, who was fast asleep behind some potatoe kits, who after shaking himself, forthwith commenced roariug at the top of his voice, through the hopper of an old wheat mill, summoning all the parties to attend the oourt, while

at the same time, Parnapa proceeded to beat tbe "devil's tatoo " upon his iron port, in the midst of which clamour, the audience collected. The draughts and cards were put aside, the magi-Ira tes, presided over by the gentleman with the dilapidated shirt, took tbeir seats at one end of the building, Parnapa squatted himself down with an eld gin case between his knees, arranged his documents, and the examination re-corr.mencid. The witness, au old woman with a cracked voice, similar in tone to a demented guinea fowl, proceeded wilh great gesticulation to give ter evidence, which appeared lo amount to what somebody had told her, some other parly had said they had beard to another individual had stated, or something that effect, equally important which individuals were presently to be produced. In reply to leading questions from Parnapa, she began by staling time and place, where she had been told this story, which appeared to be about the middle of the day, in some adjoining cultivation. Jeremiah here asked the witness " what she was doing there "? to which she replied " Going to gather potatoes."- A doubt was here expressed by another. old woman among the spectators, " whether tbe witness had any potatoes belonging to her thereabouts," upon whicb Jeremiah gave it as . his opinion that the old woman was there for the purpose stealing potatoes, and insisted on a summons being issned against ber at once. At this accusation the old woman waxed furious, and equally urged the propriety of Jeremiah himself being summoned for koiero kino, (slander.) Thereupon a regular row ensued, which lasted for about halfan-hour, and only terminated by the old woman being summarily bundled out by old Parnapa. The next witness, an old man, who did not appear to have any collected ideas upon any subjects, was examined touching a similar point as his predecessor, md managed to get himself so inextricably involved in about half an hour, that the Bench became perfectly bewildered, aod Parnapa's deposition a mass of confusion. Au adjournment was therefoie proposed for the purpose of refreshment, und a general scramble for the provision ensued on the part of the Bench, witnesses, jury, spectators and constables. I bad the pleasure of baying seen a similar exhibition to this some time before, audi therefore adjourned myself hnine. After spending the whole of that day and night, and ihe greater portion of the ensuing day in examining and re-examining the witnesses, including a searching crossexamination of both plaintiff and defendant, I heard that there was a probability of a decision being arrived at, and judgment given that evening, and I went down to hear it. Tbe consultation was going oi when I arrived, and as F eutered the whan whakawa, theie sat the magistrates and their clerk in a state of blank amazement; the depositions^ lay scattered about the floor, and if' ever perfect imbecility and bewilderment were expressed on human faces, it was ou theirs. Tbey bad talked and droned away over the case until I really believe that they had not the faintest idea of anything respecting it. Finding out that I was intruding, I passed a little way down from the Court House, and discovered the plaintiff, defendant, and correspondent, in a state of semi-stnpefactiou. They had been badgered and brow- beaten to the confines of lunacy. Later on in the evening the Bench, however, gave judgment, (what the jury were for I could never make out). They found Lavinia guilty, fined her and her admirer some two or three hundred pounds, (which it is to be hoped they will get), and decreed a judicial divorce. Parnapa was despatched tn acquaint the plaintiff with the decision, he went io the hut, and peeping in, ihere lay the two divorced fast asleep under the only blanket they possessed! while gravely sinoking his pipe in a blissful stale of mental abbeiration, at theii feet, sat the co-res-pondent." Excessive was Parnapa's disgust at tbis discovery. Here was the plaintiff making all this hubbub, only to make fools of the Runanga! What a climax ! I hear that he is to be tried for thi*-, and no end of witnesses to be prosecuted for peijury ; at any rate, if old Jeremiah is allowed to work his wicked will on them I have no doubt that condign punishment awaits these reptiles. How many people were gathered together I really cannot tell, or hpw Malacki's herd of pigs and potatoe heaps have diminished, but somebody will have to pay for it, I expect. Now, this case has no romance about it. It in reality occurred as here pourtr.iyed, and is in point of absurdity, but oue out of scores that have been tried here during the last six months. Yet, this is the infancy of an Institution that is to be worked upou for the benefit of the Native race — at least, so say savants — be it so. If an occasional fit of temporary idiotcy is beneficial to the native mind, by all means encourage the village Whakiiwa How a lace that cannot concenli'ale their faculties upon one single topic for an hour, without wandering into fifty others, are to prove a blessing to our Legislative Councils and Courts of Justice, I.j>m at a loss to conceive; or how the internal magisterial appointments are lo be advantageous to the natives themselves, when thoy are allowed universal suffrage on the matter, I shan't here dilate upon, for " Brutus says they will, and Brutus is an able man." But I cannot forbear stating that from nearly elevon years' acquaintance with the Native race, I am strongly of opinion that they are at presenl utterly unfit for any legislatorial or judicial ftiucdous; and considering the utter contempt lhe rising generation exhibit for education, in fultire years they will prove still more so. Tli is system of establishing petty courts among themselves, though their own idea, has proved of no use whatever; more harm thao good in fact. It has sown a great amount of discord and jealousy amongst them. Adulterous cases are chiefly what they delight in investigating — the more indelicate the better ; and it is very" rarely lhat any others are heard of. As a check upon auy other crimes, it appeals to me utterly to fail, and tbe decisions can no more be carried out by the authorities amongst themselves, lhau we can do for them. Reform the village Whakawa by I'll means if you like, but let the features it at present presents, be utterly effaced ia the Picture of ihe Future.