TUSSLE OVER A CORPSE.

Auckland Star, Volume XLI, Issue 172, 22 July 1910, Page 5

TUSSLE OVER A CORPSE.

BURIAL GROUND OF, A MAORI. "KING" MAHUTA AND THE TAINUIS. A 'Maori chief of the Tainui tribe named Honana Bihari died at Ivgaruawahia on April 26th, and, according to native custom, the leading members of the tribe, made arrangements for bis burial ar! the ancestral burial ground at Raglan. During the progress of the inevitable tangi held at iNgaruawhia, "King" Mahula arrived on the scene, and then commenced a tug-o'-war over the body— whether it should be inferred at the ancestral ground or in the "royal" burying ground on the Taupiri Mountain, at Taupiri. After an animated korero Mahuta ostensibly yielded to the Tainuis in their desire to have the ancient custom observed, but caused arrangements to be surreptitiously made to have the body of Honana carried by launch to Taupiri and there buried. Ramana Rutana, the leading chief of the Tainuis, discovered the plot when too late, but registered a vow that the body would be shifted from Taupiri and re-interred at Raglan. Tills was accomplished by Ramana and four followers in the dead, of night, and as a sequel the four natives concerned, Ramana, Te Whatau, Te Hara Marae, and Piki Wharafa, were charged at the Ngaruawaaia Police Court yesterday, before Mr Loughnan, S.M., on the information of "King" Mahuta, with removing the body of Honana from the Taupiri public cemetery without first having the consent of the Minister for Internal , Affairs, as provided under the Cemeteries Act. Mr F. Earl appeared for the informant, and Mr W. P. Endean for the defendants. The Court room was thronged with interested Maoris.

ilr Endean raised a preliminary objection at the outset that the proceedings should be laid -by way of complaint, and not by information, the Act defining such a proceeding. The point was dropped, however, when complainant intimated that he would commence fresh proceedings. Mr Earl briefly outlined the case, stating that it was admitted the Taupiri cemetery was a public cemetery, and that the body bad been removed by defendants without the consent of the Minister. He also stated that deceased and his widow both expressed a wish that the burial should take place at Taupiri.

Mr Endean admitted that a breach of the European law had been committed, and from the European standpoint it was a class of offence that could not be condoned. By way of mitigation, however, he pleaded that it was a long established custom amongst tho Maoris that the body of a member of a tribe should be buried in the tribe's ancestral burying ground. In this case Honana was a member of the Tainui tribe, the leaders of which insisted that his body should be laid to rest in the tribe's ancestral ground at Raglan. Mahuta attempted to frustrate this desire, and, keenly feeling the outrage the Tainuis, had the body removed. In so doing the defendants did not realise they were cuinmitt'mg an illegal act. Under these circumstances counsel contended that any penalty inflicted should be nominal.

A considerable amount of evidence was tendered, which Mr Loughnan reviewed in giving his judgment. He found that Honana was a member of the Tainui tribe and that a breach of the law had been committed. He said he was asked to assume that when a Maori died it was the custom to have tbe body laid to rest in the tribe's ancestral ground. It seemed to him that Mahuta was jealous that the "royal" grave-yat'd should be passed over and the body be buried elsewhere. He attended the tangi, and he and his followers tried to get the body buried at Taupiri. The Tainui's insisted that the burial should take place at Raglan. A compromise was suggested to tbe effect that the body be cut in two and one half buried at Taupiri and the other half at Raglan. This was not approved, but Mahuta finally gave way and sang the chant of consent. Though bowing to the circumstances, Mahuta had no intention of being 'beaten, and like other Monarchs he though a little diplomacy was better than conflict. Ramana had ordered a conveyance, and invited his majesty to the funeral. He went away, but later discovered that the body was being taken by launch to Taupiri. It was impossible then to stop it, but Ramana declared that be would snatch the body that night. The body was accordingly taken, and under the native custom it was a natural thing to do. Mr Loughnan held that Hsnana wished to be buried at Raglan, and it was only right and proper that he should be buried with his dead ancestors. The defendants did not know that they were breaking the law, and. as it was the first prosecution of the kind against natives in New Zealand, he considered a conviction sufficient without inflictin? punishment, and without awarding costs.