A MURDER CHARGE. VERDICT OF MANSLAUGHTER.

Evening Post, Volume LXXIV, Issue 125, 22 November 1907, Page 2

A MURDER CHARGE. VERDICT OF MANSLAUGHTER.

MAORI WOMAN. SEXT TO GAOL. fßr Telegraph.— Si'ecial to The Post."] AUCKLAND, This Day. At tho Supvenu 1 - Court yestercl.ty Peli Watene, a ilnori woman, 47 years of age, was tried before- Mr. Justice Deniiiston upon a charge of murdciing hoihusband^ WaLono Eeh.ina at Maropiu, near Dargaville. on 27th October last. Tho Hon. J. A. Tole, K.C., Ciown Solicitor, appctircd for the prosecution; ana Mr. Thomas. 'Cotter for tho prisoner, ■who pleaded not guilty. The evidence snowed .that tho prisoner, together 'with the deceased and a number of other -natives, attended a biiihdiiy party at Mr. Snowdcn's premises at Maropiu on 26ih October last. Included in the- festivities was a dance in a neighbouring hull. In the evening the prisoner wanted to go, buf her hush.imi objected, and high words ensued. The prisoner, nctwilhstanding what her linhband had sau, carried out her intention,, and left her husband at Snowden's. Slia jcturned, together with a number of other natives, at about midnight, and feeling hungry, the natives .started to prepaic a meal. The deceased went away 10 get some kumeras, and returned shortly afterwards with iUM'iiseil with his face, bleeding. The prisoner was accused of stabbing her luiijhand with a knife, but she denied ui.s. r.nd said she had struck him with a biidlo which she was carrying. Dpteased continued this statement. Ho died on the 23th. A post-mortem examination revcakd too hinall punctures behind tho ear penetrating to tho brain, and there- vnt little- doubt that they weie caused by Iho blow from the bridle. • Dr. Cnlhbert, ot Dargavilie, who was one of the witnesses, gave evidence as to Msitinc; deceased on .Sunday, 27th October. He- was alive, but unconscious. Un making an examination witness found two small wounds behind the left ear, and the hi'ir was dotted with blood. The wounds were about thrco inches apart. Watene could not be loused, and died on vie following day. 'Witness conducted a post-mortem examination. On opening tho skull lie found that one of the punctures lud penetrated right through into the brain, and had burst a blood vessel. All the other organs of the body wero healthy. Death was duo to compression of the brain caused by the wound, which, in his opinion, could have been inflicted uy a blow from the- biidle produced. Mr. Cotter — Have you over read, or in your experience over heard, of such an -occurrence- before? Witness — Xo; I have not. Had tho blow been delivered on any other part of tho body would it have boon fatal?— lt would not. Tho skull where- the blow was indicted is very thin. Constable Thompson, of Dargavilie, deposed to arresting accused on the 28th. On the following day tho prisoner informed him that on tho niu;ht in question she had gone to catch nor horse, and her husband was close behind her. iShe did not find tho horse, and returned by the sh-sd where she saw her husband. The latter called her a mad wife and other bad names. This the accused said made her angry, and she hit at- him, with tho bridle. She declared, however, that she did not mean to hurt him. They had often hit one another befoic, but without being seriously inj,iu'ed. ishe vouched that she could show him .numerous black maiki. on her body. Iho result of thrashingf which sho had lcccived from her husband. • ■ This. closed tho case for the prosecution. Mr. Cotter asked his Honour if , on tho evidence given, the charge could be reduced to one of manslaughter. If this were- done lie would not call any evidence, but if, on the other hand, tho charge was not reduced he would put the prisoner in the box. His Honor, in reply, said h& intended to tell the jury that to find a verdict of guilty they must be satisfied that the woman intended to kill, or that if she meant io cause bodily injury she know lh:>t such injury would be likely to cause- death, and was reckless whether death ensued or not. Jt was a matter, for the jury to determine. In determining whether or not tnc woman had intended to do any bodily injury known by her to be likely" u> cause death they would of course take into consideration the nature oi the weapon used. If they desired to iioar the woman give evidence they would let him know. The f oi eman consulted his fellow jurymen, and slated that they were of opinion tint it was not a e-tse of murder, but one of manslaughter. Tho jury then retired, and twelve minutes later formally brought in a verdict of guilty of manslaughter, with a strong recommendation for mercy. The- prisoner was sentenced to six months' imprisonment. His Honour said ho was satisfied that thcie was liquor in the case, and he would look upon the oltenco as ouo committed under the mfliiujice of liquor,' with no intent to kill.