TE KOOTI AGAIN.

Gisborne Standard and Cook County Gazette, Volume III, Issue 419, 20 February 1890, Page 2

TE KOOTI AGAIN.

IN THE HANDS OF THE LAWYERS. JUDGE CONNOLLY QUASHES THE CONVICTION. [special to standard.] Auckland, last night. At the Supreme Court today Mr Justice Connolly heard the appeal against ths decision of Mr Bush. ft.M . ordering Te Kooti to find sureties to keep the peace on a charge of unlawfully assembling to create a breach of the peace near Gisborne, in March last. Mr Napier supported the appeal and Button appeared for the Government. Mr Napier argued that the order was bad, because the alleged facte were insufficient, because there was no allegation that the Magistrate thought the conduct would be repeated, because the alleged offence of unlawful assautttng was really a misdemeanor on which accused should be committed for trial.

An affidavit by Te Kooti stated that he was a member of the Ngatiwaru, born in Poverty Bay. He was the owner of large tracts of laud in Auckland province, In some of the wars between the aboriginals of New Zealand and the Europeans he .fought on the side Of his own people, He had ceased hostility to th* Government or Europeans. In 1874 he went to To Kulli, Waikato, devoting himself to agriculture. . In 1883 be was informed by Mr Bryoe that Government had granted him a free pardon, that he would be allowed to travel about this fond as a free man, without moleststion. He bad not visitad Poverty Bay for upwards of twenty voira, In 1870 ho received a request tn visit relatives in Poverty Bay. fo 1883 he informed tha Government bp intended to comply with this request; In resppoep he r as asked to interview the Native Minister at Auckland and did so. He assured Mr Mifobelson ot hie peaceful intentions, but declined the advice tendered by Mr Mitohalson -and Sir Harry Atkinson, not to visit Poverty Bay. He returned to Kthikihi and went theooe via Rotorua to Opotiki, an route to Poverty Bay. Neither himself nor his followers carried firearms. He arrived at Oatfiarumutu, near Opotiki, on February 22, 1869, but had no intention of going to Gisborne. He was interviewed by Mr Bush at Oamerumutu, He received a letter from the Native Minister asking him to go back to Waikato. He told Mr Bash he would comply with this request, and not visit Poverty Bay. He tested there for a tew day# and pcosdeded io Waioeka for the

mirpoFG o‘ coGkint? foo*i f ?r the [return journey He then proceeded further towards Waikato on the 27th of February, becauFe his people were being arrested and searched by the police. He wrote to Major Porter and Wi Pere, and proceeded to Waiotahi, where he was arrested )y the police, and conveyed to Opotiki. Oo March Ist he was charged with unlawfully assembling to disturb the peace. He did not understand that the evidence given was fogainst him. No time or opportunity was allowed him to communicate with a solicitor. The Resident Magistrate asked him to make a statement. He said : “ Why have I b?en arrested in this manner ? When I came first to this place I did not touch a bootlace, or an animal, and on my second visit my conduct was the same. Now on this occasion my companions are women and children. When Major Porter and Wi Pere came to me yesterday, lagreed to return to Waikato. After I had arrived at Waiotahi, I found my followers including women and children, were detained, and after this I was piade a prisoner. I consider it wrong to detain women and children.” Te Kooti further states ;—“ On Sunday morning, 3rd March, Mr Mitchelson came to see me in prison. He said : ‘ I am going to get you out of this gaol; I will send up here to morrow and release you and send you home to your own place.’ I said to Mitchelson, Very well; if you want me to stop in gaol I will stop in gaol, but if you want me to £•» I am willing t to go,’ On Monday morning, 4th March, Mr Mitchelson and Mr James Mackay, native interpreter, saw me in prison. Mr Mitchelson said he was about to release me from prison. . Mr Mitchelson asked me to have nothing to do with any lawyer and he would let me out of prison. I never asked or authorised any person or persons to become sureties for me. My object in going to Poverty Bay was merely to visit my own kindred from whqm I had been separated for a great number of yearti, and no thought of giving offence or cause for alarm to any person, native or European, ever entered my head.” At the conclusion of the evidence. Judge Connolly quashed the conviction. He s&id Government no doubt did a wise thing in preventing Te Kooti going to Poverty Bay, but at the same time their action was illegal.