RUA'S WITNESSES.

Auckland Star, Volume XLVII, Issue 155, 30 June 1916, Page 6

RUA'S WITNESSES.

COACHED OR UNCOACHED ? JUDGE SPEAKS HIS MIND. RESENTS "LEADING" OF WITNESS. A breeze between defending counsel and hig Honor Judge Chapman was' tbe outstanding feature at the commencement of the fourth week of the Rua trial at the Supreme Court to-day. The. suggested " leading of coached witnesses '' was the subject of contention. Ten witnesses for the defence have been disposed of, and it is understood that nearly as many more are to follow. The Hon. J. A. Tole, K.C., is •prosecuting, and Mr. J. R. Lundon is defending. COULD SPEAK ENGLISH BUT WOULDN'T. Hokimata, wife of one of Rua's followers, professed her inability to depose in English, but her untimely responses belied her contention. On occasions she replied to Mr. Tole before tbe interpreter was able to transmit the question, and once, when tho interpreter unthinkingly asked a question in English the witness promptly replied in slaori. She declined to-point out on the plan where certain persons had stood on the occasion of Rim's arrest, remarking: " You bring mc the soil from Maungapohatu and I shall be able to show you." Asked if she could identify the constable who had fired the first shot (as she had alleged) witness pointed to Constable Skinner, remarking: " I shall never forget that man." She swore most emphatically that she saw a constable (whom she could not identify) drag Toko Rua from under a wliare. anil shoot him, giving circumstantial details of the alleged occurrence, and coming out of the wit-ness-box to excitedly demonstrate the action with the aid of a roll of maps, placed on the floor near the jury box. She could not say whether Toko's back was towards the constable, but sbc remembered distinctly that his toes were turned down. The Crown Prosecutor suggested that by then Toko had been dead for some little time. STEKIPRETER RESENTS "FENCING." Te lvaumarua, a shock-haired native, •oke of tho visit of Sergeant Cuniigs and District-Constable Grant to fai-iti on February 12. Rua protested that he had already paid the penalty for the offeuces in connection with which they desired to re-arrest him, bavin;; been to prison and paid £108 in fince. As Rua was uncertain as to the reason for his apprehension he desired that they should arrest him rather than that he should go quietly to Rotorua. The interpreter (slr. G. A. Hansard) informed the Court that tbe witness was fencing with him and endeavouring to have the questions put in a different way. Mr. Lundon: How long after asking the police to arrest him did Rua remain before riding away?— The police were for some time engaged in writing down the names of Rua's wives and children. Did you hear anything said about ; 1,-100 men?— No. Mr. Tole protested against the "leading" of the witness. i Mr. Lundon asked for a suggestion as to how the questions should be put, and then proceeded .with, hja examination on ! similar lines. His Honor: These are really all lending questions, Mr. Lundon. i Mr. Lundon: Well, your Honor, 1 have asked Mr. Tole if he can suggest I how the questions should be put. I THE STORSI BREAKS. i Hir Honor (with deliberation): If the I witness is a coached witness then his answers will be just as your questions suggest that they should be. Mr. Lundon (resentfully): And if he is not a coached witness, as he is not (with emphasis), then his answers will be such as those usually given when counsel puts his questions in the way it is suggested they should be put inox-amination-in-chicf. His Honor: You are going beyond that. -Mr. Lundon: I am asking him His Honor (authoritatively): You arc going beyond that. That is all I have t j say. slr. Lundon: Will your Honor suggest to mc how I should put the questions so as not to lead the witness? His Honor: You are not a>n amateur. You should know by this time the difference between leading a coached witness and examining an untouched witness in the proper way. Mr. Lundon: I also know how to lead an uncoached witness. His Honor: you have no business to lead an uncoached witness. Simply put the question to the man, and ask him to narrate everything he heard. Mr. Lundon: Very well PATRIOTS ALL. Proceeding with his evidence, witness said that during the visit of the police to Wai-rti in February the natives asked Grant: "How arc affairs at the war!" He replied that the war was doing well. They told Grant that it was ° their earnest wish and desire that we should be victorious in this war. Rua sucgestcd that he was unable to understand the desire of the Government to arrest him a second 'time on the same charge of sly-grog selling, and he therefore suggested that a "big man of the Government" should come to discuss matters. He said that he was prepared to pay £100, £200, £500. or £1,000 for a license to sell liquor. The policemen sard it was not in their power to get •him one. Rua said that was why he •wanted a "hig man of the Government" to come to him. Witness spoke of a subsequent visit of the police to Maungapohatu. resulting in the arrest of Rua and some of his followers. After the visit of the police the big Bible was missed. Mr. Tole (to Mr. Lundon): Do you allege that the police stole the Bible. Mr. Lundon: It could not 'have walked away. It is 77 pounds in weight. TIT FOR TAT. When Mr. Tole was proceeding to cross-examire, the interpreter stated that the witness was expressing displeasure with the replies interpreted in English. The Crown Prosecutor then questioned the witness freely without the aid of the interpreter, but he declined to übg English. His tone in Maori suggested repentance for having found fault with the interpreter. i -■ * Resuming in his native tongue, witness admitted that he had been inter* viewed about the case by the elder Mr. Lundon and Mr. Carter (solicitor from Rotorua). Maoris were constantly in the habit of going over tho same ground, and consequently thoy had discussed the matter since tho pakehas Rpo'ko to -him. Mr. Tole: Yon nil stop at the same place in Auckland, do you not?—-Yes. Questioned further about tho ovents alt Wai-iti, witness said that Rua did not utter one word in English. When Rua had important conversations with pakeiHis ho ,lid not allow his people to come too close. He observed the rule on that occasion, tcllioc his people to keon back.