SUPREME COURT.

Auckland Star, Volume XVIII, Issue 144, 20 June 1887, Page 2

SUPREME COURT.

CRIMINAL SESSIONS.

Saturday (Continued).

(Before.Mr Justice Ward.) The TTppeb Thames Alleged Rape Case. - The charge of rape preferred against Charles Henry w\ghb by Hariafca Muniha was concluded lab! on Saturday. The following witnesses were heard for the defence :- Aaron Sampson deposed that he was working on the Thames-Paeroa Railway last April. He knew the complainant ana nei husband. Hoera had expressed great enmity against the Wight family for turning Mm and his wife off the potato field lie also said he would get Charles Wight into trouble. He remembered Hoera saying he wanted a few days off work, as he wanted to get satisfaction from the Wights for turning them off the field. On more than one occasion Hoera offered witness his wife for improper purposes, provided he was paid for it. Hoera had told hia wife aboub the offer in witness's presence.Thomas Logan, farmer, Paeroa, deposed that on the morning of the aasaulb be passed near the potato field, about 7.30 o clock He looked towards the native house, and saw a number of natives and others standing outside. Amongst them were Lbaries and Albert Wight and Hoera and his wife. He had known the two latter tor upwards of 12 years. The previous night had been rainy. - By Mr Williamson: Witness had volunteered to Mr Wight's brother ta tell what he knew. — William John McKeogh, contractor at the Thames, deposed that on the morning or the 30th of April he was at Komata. He lived in^bhe workmen's hut near the potato field. '^Be got up about 6 o'clock,, and went over ta^theotber side of the river, between 7and 8 o'clock, with Albert Wight. They ■went to the Maori whare. Upon arriving witness saw Charles Wight, Hoera, and Haciata, and some other natives. They were Calking about buying a horse. Aa witness and Albert] Wighb came away they heard Charles Wight; and Hoera talking very loudly. Wifineaa said to Alberts "There mast be something up." When he looked round he saw Charlea Wighb going away from the natives. Hoera and hia wife followed him up. Two other. natives followed him. Three or four minutes afterwards he heard a man's voice " cooee " and a cry of "Help, help." He did nob hear a woman cry. Upon looking round again he saw Hoera jump the fenceand vaa across the potato paddock. He next saw the prisoner coming round on his pony.' When the prisoner arrived witness asked him what had been the matter. Charles Wight had his trousers on. They were nob tornl They were fastened round the waist with a belt passing through loops. His flannel shirt was ton right open. He had a cot across hia forehead like the-mark of a stick. Hia eyes were all bloodshot, and covered with mud. Hia hands were also muddy and cold. Witness noticed thia aa Wight, handed him the portion o£ the ear thab had been cab away. Witness helped to wash prisoner. He was black and blue acrossthe shoulders.—Albert Edward Wighfc, brother of tbe prisoner,deposed thab on the morning in question hia brother gob up about seven o'clock. His brother was nob Vety welll -Witness and his brother went to thei stable. His brother then took a bridle- hi ordee to - catch hia horse across ihe creek. Witness also crossed the creek later on in company with the last witness. He saw hia brother talking to Hoera and his wife. Keruno and Honi were also there. Witness asked Hoera if lie wanted to buy a horse. Charley said no, lie was trying to-sell bim one. Witness and McKeogfr-tlien went home.- The remainder of-nis evidence corroborated thab of the previous witness. He also stated thab he knew thab hia brother and Hoera were not frienda. They a dispute aboub.money matters.—Charles Maunsell deposed to seeing Charles and Alberb Wighb and McKeogb talking to Hoera and hia wife and some other natives about 7 o'clock on the morning of Saturday, the 30th of ApriL He saw Albert Wight and McKeogh return home. After that he heard angry words taking place between Charles Wighb and Hoera. After thab lie saw Charles Wighb leave them and go across the potato paddock. About this time he saw Thomas Logan ride along the native road. Witness saw Charles Wighb get over the fence, and the natives followed him. He then heard a cooee and a call for help. Hoera did not call out to wibness as he came back across the potato field. —William Willet, another residenb ab Komata, also gave.corroborative evidence. —Walter Wight, brother of the accused, deposed to hearing his brother Charles order Hariata from the potato field prior to the alleged assault.—Robert Allan Wight, father of the accused, deposed that on the morning of the alleged assault hia son. Charlea was suffering from, dysentery. He saw Charles go across the creek with the bridle i» his hand. Saw him and Alberb talking with Hoera and his wife. ; He also saw;Mr Logan riding along1 the native road. He next saw Charles after the assault.—This closed the case for the defence. —Mr Cotter " then addressed tho jury. He contended that the case for the prosecution had totally failed on their own evidence, added to which the defence had totally refuted all the points raiaed. Kb was evident to him thab .the whole case was a gross conflprr^Sy; and that- deliberate perjury lhad foeeriNflommitbed by more than one of the witnesses;. The plot was a deep.-laid one, and na doubt Hoera thought he was surefof his revenge. JVTr Cotter then devoted some time,,;to pointing out the discrepancies In the., evidence for the prosecution. Mr Cotter concluded by asking the jury not only to return a verdict of" Not Guilby," bub also bo make some representation bo His Honor'as to the treatment of the natives, who, he aubmifcted," had been guilty of both conspiracy and perjury.—Mr Williamson also addressed the jury on behalf of the prosecution. He pointed out thab the natives had nothing bo gain from such a conspiracy. Money had been refused before the ear was cut' away. The only obher motive suggested was revenge. Bub that waaxif only a slight quarrel over three years ago;.aboub some conbracb. There was . also a little trouble in the potato field, bufc thete: were nob purely adequate mobives for such a brutal and savage assault. He considered bhais the very discrepancies ! in the evidence for bhe prosecution proved thab there had been no conspiracy in bhe matter.—His Honor then summed up. Efe Raid that the duty of the jury was a serious one, as they had really to decide whab party was committing perjury. They must remember bhab on both sides Borne of the witnesses were the relatives of , the principal parties concerned. His Honor then briefly reviewed the evidence for tho prosecution, and alluded bo the many discrepancies. He pointed oub thab had the accused been maltreated in the manner described by Hoera and. his wife, ib must have beea almosb impossible for him to have mounted a bareback horse, arid, '•• withoub his brousera upon him to have ridden away. There were obher points which also were contradicted by the witnesses for the defence. Jf they believed that the natives had spoken the crub'h, notwithstanding these discrepancies, then they tnusb give their verdicb accordingly ; bub if, on the other hand, they considered bhab the .whole' was the result of a' conspiracy; then tW prisoner musb be aeqUibted.>-tfhe jury retired: for ton minutes to consider their verdicb. £.. Hisfßorior "meanwhile' directed thafe the (| 'five' Maori wibnesses-^-Hoera and his f wife MjHariaUi ! Teta" and Mdraiti (two women) 'and'Hon i, ' should : be brought into' Cpiirb, and noo altowed to leave the tfuilding.1—

Upon returning inter Courfa the jury found the prisoner nob guilty. — His Honor then said, "Leb the prisoner be discharged, and I think that I am safe xn saying that the jury are of opinion that there can be no doubt that the priaoner leaves the dock without the slightest stain upon his character as regards the offence for which he has beln charged. I also order that Hoera and Hariata be taken into custody on the charge of perjury. "-Mr Mackie, who happened to be in Court, was then brought forward. He interpreted the char|e to the prisoners. : -fli3 Honor further said that the only doubt he had was whether Honi, Teta, and Maraiti ought not also to be arrested on the same charge. Undoubtedly Hoera and Hariata were the principal ones. He then asked Mr Cotter if he proposed to make any app ication in the matter. - Mr Cotter pointed out that the charge was a very serious one. > It young men settled in the country were liable to be treated in this manner, no settler would be safe. He thought that all the witnesses should be taken hi custody—His Honor: "Very welt then; let them all be taken in custody, and aa 1 unaerstand that there is not sufficient accommodation if or them in the- cells at the station, tha gaoler, Mr Reston, had better take care of them for the time being. —ih<five prisoners were accordingly conveyed to Mount Eden.-Before Mr Eestonleft the Court, HisHonot requested him togvveeyery attention to the native, woman, Hariata who had a young baby with her.-liie Court then adjourned, at 6.20 o'clock, until next Thursday morning, at 10 o clocto.