R.M. COURT, TE AWAMUTU.

Waikato Times, Volume XL, Issue 3260, 20 May 1893, Page 2

R.M. COURT, TE AWAMUTU.

Wkunksday.—[lJefnr<i Captain Jackson, II M.l

C. J. Johnson' v. llakkiiaia.—Mr Crcsham for plaintiff.—Judgment for iilaintilf, £1 7s 0:1: cost- U<,

0. J. Johnson v. Tupu.-Mr Greshun for plaintiff. Ohm, £"i 19.if1.1-—Tho defendant had paid£:i sinestlwproceedings commeucsrl.—Caso adjonrnod to 2lst June to allow of a settlement,

C J. Johnson v. K>hi Katipa -Mr Gri'sham for nlnintilf,-Judgment f"r plaintiff for UK in addition to the amount already paid by defendant. Tanner v. 0, M. Okkaoh.—Mr Gresham, for plaintiff. Hated that at the iequest of Mr E. T. Dnfanr, whn acted for llic defendant, he should ad; that the case bo adjourned to l!):h July.—AtljonrnciJ accordingly, the defendant paying the adjournment fee, Tannkii v. KuliiAiA.-MrGrosham for plaintiff. This caso was also adjourned to next court day, Patupatu v. Paiiuma.-Claim, £IOO damages for slander, -The case caused considerable oxcitcmciit, tlio court liein,? filled with natives from Otnrnlianga and Te Kuiti, who were interested in it on one side or the other,-Mr Crnickshank appeared f»r plaintiff, and Mr W, M, Hay for the defendant. After the calling of the caso si.mo little time, .was taken up in the appointment of an interpreter, Mr Hay objected to Mr Mainwaring acting, as ho had neon interpreting for Mr Crnickshank the day before, and must, therefore be prejudiced ; ho proposed Mr Eraser. Mr Crnickshank said the objection was a very moan one; and ho decidedly objected to Mr Fraser for the very same reason. After some discussion, Mr Fraser was evontually agreed upon, Mr Crnickshank then asked for leave to amend the particulars by subs: i'.utinpr a frosh sot of words for those in the claim, and also the date. He quoted the sections of " The RM. Court Act" giving tlw court power to amend, and also some English decisions w'lere the words were amended in slander cases,—Mr Hay obj>'Cfc"d most strongly, saying he had never heard of such in the whole course- of his experience _ It was constituting a new cause of action, and was altogether beyond tlio jurisdiction of the court to inako the aniendmeo»,-A long discussion took place between the counsel, tho court eventually allowing the amendment, saying us it was a native every latitude would hn allowed. Tho first witness culled was Patupatu, the plaintilf. He deposed to a series of events leading up ti the sitting of the Land Court at Otnrohanga on the 7th April last, when as plaintiff and defendant were coming out of the building the defendant said to the plaintiff within the hearing of several, " Why do you hide your cheating work j you sent Raupatu and Katoa to take a skull to Mangakahitea as a head for Prtketea."—After a long cross-examination by Mr Hay, another discussion took place between tho counsel as to the meaning of the words.—Mr Crnickshank contended the words imputed an indictable offence, and were actionable per se. The Maori word ''tahao" would cover any kind of European words implying cheating or thieving.—Mr Hay said the words were merely terms of abuse, and were not action-ablo,-Tlie court announced that that was its opinion,—Mr Crmckshank said lie had no stronger evidence than that of the plaintiff. Ho abandoned the claims for special damago, and withdrew the case.—Judgment was I hen given for the defendant with costs, £llßs 6d.