RESIDENT MAGISTRATE'S COURT.

Wellington Independent, Volume XVIII, Issue 1896, 18 July 1863, Page 3

RESIDENT MAGISTRATE'S COURT.

Tuesday, July 14, 1863. (Before Henry St. Hill, Esq., R.M.) A. Thompson v. J. McLaggan and James Thompson. — An action for debt, to recover the sum of £46 Is. Judgment for £43 Is. and costs 335. F. G. Johns v. J. Greaves. — An action for debt, to recover the sum of £52 Bs. Judgment for £34 Us. 2d., and costs 21s. C. Stutfield, charged with drunkenness, was fined 10a. Wednesday, July 15. (Before J, Woodward, Esq., J.P.) R. Palmer, charged with drunkenness, was fined 10a. ; in default committed for fortyeight hours to the lock-up. Thursdat, July 16. (Before H. St. Hill, Esq., R.M.) M. Smith, charged with drunkenness, was reprimanded and discharged. R Carr, charged with drunkenness, was fined ss. J. Mclntosh v. W. B. Richardson. — An action for debt, to recover the sum of £6. Judgment by consent for amount and costs. J. Mclntosh v. J. H. Gillard.— An action for debt to recover the sum of £19 17s. 6d. Parties not in attendance. R. Miller v. J. Sim.- —An action for debt, to recover the sum of £7 12s. 6d. Parties not in attendance. W. Clark v. S. Crowther. — An action for debt, to recover the sum of Us. Summons not served. BBLLING AMMUNITION TO NATIVES. George Waters was brought up on remand charged with having sold ammunition to certain natives. Mr. 0. Allen was in attendance for the defence. Hapita te Rangatukia, being duly sworn, deposed — I live at Otaki, and I know the prisoner at the bar ; his name is Waters, and I know that he keeps a store at Te Aro ,• I went to the prisoner's store on the 6th of June to buy some" powder ; I heard that he was in the habit of selling powder ; when I asked him, he said, " Yes, Ido sell powder ; I then bought some powder, shot, and caps from him ; there was 1 lb. of powder, 1 bag of shot, and 2 boxes of caps; I paid the prisoner £1 10s. for the ammunition, which I then took away with me ; Waters and I were alone in the shop ; other natives were outside ; I left the others outside because Waters told me to do so, as he wished only himself and me to be in the shop when he gave me the ammunition ; Waters told me this when I first spoke to him about the powder ; I left Rikihana, Topi, Petomi, and Wiremu outside ; Wirernu was at the store with methe previous day, but he alone bought powder then; Wiremu also paid £1 10s. for the same amount of ammunition that I had obtained ; Topi and Rikihana were outside the house on both occasions ; I took the ammunition home with me to Otaki, where I shot birds with a portion of it ; the remainder I brought back with me to Porirua, from whence I lorwarded it to Mr. Mantell ; I have not seen it since ; I sent it in a basket to Mr. Mantell ; I would know the remainder of the ammunition again, but I put no mark on any portion of it ; one of the boxes of caps was sealed up. The sealed parcel, supposed to contain the ammunition, was here produced by Inspector Atcheson, but Mr. Allen, on behalf of the prisoner, objected to it being opened until the witness had shown in what manner he could identify the powder, shot, and caps. Examination continued— l should know the ammunition, partly because one of the boxes of caps is not quite full, and the one that is full has not been opened ; a portion of the bag of shot, and also some of the powder, is used ; the powder is in canister. The Court ruled that the parcel should not be opened at present. By Mr. Allen — I came down to Wellington on the sth of June; there were seven native men and some women along with me ; we came into town to sell our pigs ; when we came to Wellington I had no thought of purchasing powder, but when I heard that Waters sold it I determined on purchasing some ; we arrived in town about 4 or 5 o clock in the evening ; we sold all our pigs that day ; we went to Water's house the same night about 6 o'clock ; Topi, Rikihana, Wiremu, and Petome were along with me, and we all went into the house together ; Wiremu only bought powder that night ; all the natives, with the exception of Wiremu nnd myself, were outside the house when the ammunition was purchased ; I saw Topi and Rikihann, just outside the house at the time ; Ido not know that they were watch_ ing us, nor did they tell us they were going to" watch ua ; when we came outside I saw that Topi and Rikihana had been watching us ; when we got outside they asked us whether we had got the powder ; there were lights in the shop ; the prisoner told us we must go out to a little house behind the store ; the prisoner took the ammunition from the counter, and carried it round to the little house, and there gave it to us ; the other natives who were standing outside saw us go round, but they did not follow ; they could not see us in the place Waters took us to. (The witness here described on paper the plan of the shop of the prisoner.) There was a lighted candle on the counter ; I did not see a light in the window ; there might have been a lamp in the window, but I did not observe it; Waters handed the ammunition over to Wiremu when we were in the little house at the back of his own house, where Wiremu also paid for it ; the money was a £1 note and ten shillings in silver ; the silver was four half-crowns; there was only Wiremu, Waters, and mys elf present ; when we left the little house we came back the same way we went ; Topi and Rikihana were standing outside the shop ; they asked us whether vre had received our powder j

we said yes, and Wiremu took the ammunition out of his coat and showed it to them ; I have seen similar packages of ammunition to those purchased from Waters ; on the 6th of June I asked Waters for ammunition, and he told me to go to his house at 12 o'clock next day ; Topi and I went next day ; I made signs to Waters informing him what I had come for, and I understood from him that he wished me to come in the evening ; Waters told me to come at 9 o'clock that night ; the day was Saturday ; I went to the store at 9 o'clock, accompanied by Topi ; when we got there we found Waters outside talking to some European ; when I got to the door I told Waters that "I had come for my things ;" Waters said, " wait a bit ;" Waters had previously received £1 10s. from me in payment; I gave my money in two pieces of gold ; I paid the money when Wiremu paid his money ; Topi did not actually see me pay the money ; I paid the money the day before because I thought I was going to have the ammunition then ; . Waters went to the public-house where I followed him ; he asked me what I was going to drink, and I had a glass of beer ; Topi left me before I went to the public-house; Waters went back to his store along with me, and we met Wiremu on the way ; Waters told me to ! leave Wiremu outside the house ; Waters took me round to the back gate and then left me and went through the house, and opened the gate for me ; he then took me to the little house where we had been on the previous night ; he struck a match and lit a candle ; he then went away, and on his return brought the ammunition, which I put into my pockets, and I then left the place ; I met Wiremu outside, and we went down the beach ; we met Topi, and the three of us then started for Ngahauranga ; I was not drunk ; I was sober; we overtook our carts on the road, and I then put my ammunition in my cart ; I did not lose any ol the ammunition on the way ; I could select my ammunition from amongst a quantity ; I should know it by the color of the packages ; there is a label on the powder canister ; there is writing on the bag of shot, but I cannot say whether there is on the boxes of caps. This closed the case for the prosecution, and Mr. Allen intimated that he did not intend calling any witnesses. On the usual question being put to the prisoner as to whether he had anything to urge on his own behalf, he answered that he had nothing to say at present, and expressed his intention to reserve his defence. Waters was then fully committed to take his trial, for a breach of the " Arms Act," at the next sittings of the Supreme Court, and the witnesses were duly bound over to appear. Mr. St. Hill cautioned the natives against paying any attention whatever to anything which might be said to them in connection with the present case either by Europeans or Maories ; he believed that intimidation had been used by the king natives, and also by the friends of the prisoner, to prevent the witnesses coming in to give evidence, and he therefore considered it his duty to give the caution so that the ends of justice might not ! be defeated. Mr. Allen, on behalf of the prisoner, applied for bail, and Mr. St. Hill said he would take time to consider whether he would grant the application. [We have since learned that the application was refused.] Friday, July 17. G. H. Luxford v. W. Andrews. — An action for debt, to recover the sum of £7 Is. 9d. Settled out of Court. J. Lapbam, captain of the ship Helen R. Cooper, was charged by J. Cooper with committing an unnatural offence. Remanded until to-morrow. H. Ludwell, charged with drunkenness, was fined ss. THE LATE MILITARY OUTRAGE. COMMITTAL OF NINE OT THB RIOTERS. The following men belonging to the 2nd battalion 14th Regiment, were brought up on remand charged with having taken part in the military outrage on the 6th instant, viz. : — James Wilson and Cornelius Ryan, corporals ; Michael Power and Wffliatn Crowe, drummers ; and John Dowd, John Flynn, James Flynn, Thomas Glennon, John Ward, Joseph Daly, and Jeremiah Corcoran, privates. Mr. Charles Allen appeared for the prisoners. William Poad, being sworn, deposed — I am barman at the " Coach and Horses," Mannersstreet; I was bar-man there on the 6th of last July ; I recollect a riot on that evening ; between four and five o'clock in the afternoon that prisoner (Corporal Ryan) came into the house and used abusive language to me, saying that the military were coming that night to pull the "Coach and Horses" down, he also said that he didn't care a d n, if he got seven years for it he intended to have his revenge that night ; he looked into all the rooms downstairs, and broke a pane of glass in the kitchen window with a stick which he had in his hand ; I left him on the premises, and I went and told Major Dwyer that Corporal Ryan wa3 in the house using abusive language and threatening that the soldiers were going to break the house down ; the Major said he would put a stop to it ; on my return home Corporal Ryan was gone; I did not see him again in the evening ; I remained in the house that night ; about six o'clock a mob consisting of about 40 or 50 soldiers came into the house and broke three panes of glass ; they then went Jdown Manners-street ; they returned again in about ten minutes ; they then commenced smashing the windows in the front of the house; they broke forty-two squares of glass ; I do not recognise any of the prisoners as having been amongst the mob. Richard N. G-albraith, being sworn, deposed — I am a mariner, but at the present time I am doing anything ; I live at Wellington ; I was passing along the street by the " Coach i and Horses" between four and five o'clock on the evening of the 6th instant, when I heard Corporal Ryan say "I don't care a d n if I get seven years for it but I will have my revenge on that house to-night" ; he alluded to the "Coach and Horses" ; he also said that the soldiers were coming down that night to be revenged for the usage Corporal Wilson had received ; that is all I know ; I was not there when the row took place. Edwin Grimes, mariner, corroborated the evidence of the previous witnesses as regarded the remarks of Corporal Ryan, at the '• Coach and Horses," on the day of the riot. John Evans, saddler, Manners-street, was duly sworn, and made a statement to the effect that one of his windows had been broken by a body of soldiers, on the night of the 6th instant, and that he had himself been struck by a stone on the shoulder by one of the rioters. On the Saturday following the day on which the riot took place one of the prisoners (Dowd) had gone to the witness's shop and had there admitted that he had broken one window. By Mr. Allen— Dowd did not tell me that he broke my window. R. Chester, being sworn, deposed—l am a shepherd and I reside at present at the " Coach and Horses," Manners-street. After giving evidence similar to that given by Poad and Gralbraith, the witness continued — I saw Corporal Ryan again, about half- past five on the evening of the 6th instant ; he was then in company with the mob of. soldiers, and I saw him break a pane of glass in the window of the " Coach and Horses" at that time ; alter breaking three windows Corporal Ryan and

the mob of soldiers ran down Manners-street; I can only recognise Corporal Ryan as having been in the riot. By Mr. Allen — When I first saw Corporal Ryan on the day of the riot there were two other soldiers with him ;. I first saw him at the " Coach and Horses" on the day of the riot ; I can swear that there were two other soldiers with him at the time ; I did not know either of the other men ; when Corporal Ryan broke the pane of glass with the mob of soldiers, I was standing at the porch-door ; there was sufficient light ior me to Recognize any one opposite the door ; I am certain it was Corporal Ryan that broke the window. Alfred Levy, being sworn, deposed — I am a a shoemaker and reside at Wellington ; about a quarter before six on the evening of the 6th of July, I was going up the beach towards Te Aro Flat ; I heard a noise at Clay Point ; when I reached there I saw a soldier with a stick up as if going to strike a blow ; the soldier ' was the prisoner (James Flynn) ; he was by , himself, and I did not see any soldiers near him; I spoke to him, saying "Now, Jem, don't get yourself into trouble"; he said, "All right" ; we then walked away together ; when we got to the " Commercial Hotel" we were joined by Drummer Crowe ; we then continued walking along and when we reached Ritson's shop, Flynn, who had hold of my arm, raised his stick and dashed it through one of the windows; Crowe said, "You should not destroy the man's property" ; he (Crowe) then ran away; when Flynn broke the window in Ritson's shop the mob of soldiers was opposite the " Aurora Tavern" ; I did not see Flynn afterwards. Thomas Wilson, being sworn, deposed — I am barman at the " New Zealander Hotel," Manners-street ; I remember a row on the night of the 6th instant ; on that evening Corporal Ryan came into the bar in company with another soldier ; he said, " They're coming down to-night ;" I asked him who were coming down, and he replied, " The soldiers are coming down, and we'll burn the b — y ' Coach and Horses' down to-night;" they then left the house ; I do not know the man who was in company with Corporal Ryan; about a quarter before 6 o'clock I heard a great yelling ; on looking out at the door I saw a mob of soldiers rushing down the street towards Willis-street ; I paid no attention to the matter as Ryan had told me that the soldiers would not interfere with the " New Zealander "at all ; I went to the door, and saw them rushing towards the " New Zealander ;" I then endeavored to close the doors, but before I had time to do this a stone was thrown which struck me on the head ; I again attempted to close the doors, and while doing so some one struck me with a stick on the arm ; when I found I was pressed I ran into the bar to put the lights out, but before I could do this the mob rushed in and broke the lamps ; previous to this they had broken the windows of the billiard-room and others ; they then went towards the barracks, but again returned, and broke more windows; I cannot recognize any of the prisoners as having been engaged in the riot; yesterday afternoon Corporal Ryan came into the bar of the " New Zealander," and said to me, " I believe you are going to appear against me to-morrow" ; I told him I didn't want to have anything to say to him ; he said he had had no hand in the row, and he did not know the parties who broke the lamps ; he then told me that if I would say nothing at all against him he would give me the names of two of the parties who were engaged in the riot ; I told him I would have nothing to say to him. By Mr. Allen — When Ryan came into the bar I looked at the clock, and it was between five and six. This closed the case for the prosecution. Corporal Ryan called several witnesses for the purpose of proving an alibi, but failed in proving anything material to the satisfaction of the court. The Resident Magistrate said there was sufficient evidence against all the prisoners except Dowd and Ward. He would, therefore, commit the remaining nine to take their trial at the next sittings of the Supreme Court. The witnesses were duly bound over to appear, and Inspector Atchison was bound over to prosecute' in the case.