RUA'S TRIAL.

Auckland Star, Volume XLVII, Issue 171, 19 July 1916, Page 6

RUA'S TRIAL.

REBUTTING EVIDENCE CALLED. MR. BISHOP, BM„ W THE BOX. SPEAKS OF EARLY HOKIANGA • DAYS. Several of the police witnesses who gave evidence in support of the charges | against Kua Hepctipa are being re-called with the object of rebutting certain portions of the evidence for the defence. Many of the native witnesses swore that the first shot was fired from a revolver by a constable who was riding a black horse "with a cropped mane . and a docked tail"; some of them identified Constable Skinner as the rider of the horse. Further evidence was given to the effect that two of the native women saw a constable drag Toko Kua (already wounded) from under a bench outside a whare and shoot him while his face was towards the ground. It waa also alleged that the shot which killed the second native (Tc Maipi) was fired by Inspector Shcehan. These and minor points are contested by the prosecution. Rebutting evidence was given yesterday afternoon by Constables Alkrhacl Fahcy and .lohn Neil. Inspector .Sheehan was in the witnessbox this morning. He swore positively that he did not fire a shot at Ma-unga-

pohatu. Witness did not carry a rifle, and his revolver was never removed from its case. The inspector also swore that before the police advanced to the manic he saw Constable Skinner exchange his revolver for a rifle. Cross-examined by Mt. Lundon. witness said that while on the marae he kept Constable Skinner in sigftt, and witness did not sec him fire a shot. It was not true that" the native women were forced to sleep outside without blankets. "PATUA. PATUA." Interesting testimony with a strong flavour of reminiscence was given by Helyer Widdowburn Bishop. Stipendiary Magistrate, of Christchurch. who remarked that be was the senior magistrate of the Dominion, "and still going strong." From 1573 to 1876 witness was translator and occasional interpreter for Sir Donald McLean, then Native Minister. He said that the meaning of the words said to have been uttered by Rua, "He pu era he kino," was, "Tho6o are guns, fclicy are evil." The meaning of "patua, patua," was "kill, kill." Witness related three occurrences in which he was concerned in the early days of Hokianga. During the year 1877 there waa a tribal disturbance at Ponaketerc. and as an armed party approached the pa a man ruehed out in front of his people and said, "patua, patua," at the same time giving a kind of a war dance. Immediately following this shots were fired, and two of the natives were killed. Another instance of the use of the expression occurred at Otaua (Hokianga). As one tribe advanced the leader of the home tribe Tiished out, calling "patua, patna." A free exchange of blows followed, resulting in death. A WARLIKE ."PHOFHETESS." The third occasion, said the witness, was in the early 80-'s at Walb'b"-"" A! settlement was established in a valley of the Hokianga River by a woman who set up us a prophetess. At first the enterprise was perfectly harmless, but later it assumed rather ecrious dimensions. Witness was magistrate for the district, and because of the trouble which was arising from the practice of plurality- of wives he thought it should be nipped in the bud. Witness was given a free band by Mr. IBallancc. He took a party through the dense bush and reached the environs of the settlement early in the morning. Their object was to effect a surprise, but one of the women gave the alarm. A great hubbub ensued, and the "prophetess" came out, calling -patua, patua." Witness added, "And then the row commenced. All sorts of weapons were used. One man got seven pellete in him, and others were hurt in various ways. We gave them medical attention and arrested about 2(1. 1 was thanked by the Government| !f ot what P did in the matter." SUGAR AND FLOUR POLICY. Witness quoted from the Book of Common Prayer and from Deuteronomy xiii., verse 9, to show that in the authorised translation "patua" stood for "kill." He said that the usual way for the leader of a tribe to receive visitors ■was not to run away, but to remain near the flag pole. In the early days a Union Jack was given to each Maori pa by the Government of New Zealand. Mr. Lundon (cross-examining): Sir Donald McLean would not have considered it beneath liis dignity to visit a Maori Tongatira who was in trouble?—

Sir Donald v«as responsible for the 'sugar and flour policy," as we called it. In those days very big issues were at stake, and an enormous nimrber of natives had to be pacified. I don't think that Sir Donald would have stuck at anything to do that. And Sir Donald's policy bore, good fruits? —That is a matter of opinion, but it is generally believed to have done so. Sir Donald did not go about with an armed force?—He had an armed escort, but nothing that you worcld take to be militant. His Honor: How -many men did Tie •have in his escort?— About a dozen. " NOT MUCH OF A CRICKETER." Mr. Lundon waxed reminiscent to the extent of reminding witness of the days of hiis (counsel's) boyhood at Hokianga, when he was wont to join witness while he was teaching the Maoriß to play cricket. 0 "You remember," asked Mr. Lundon, "that when you were bowling some of your famous underhand balls, and you wanted the native batsman to strike, you would call out ' Patua'?'' Witness (smiling at the thoughts of other days): I do. And tltttt was the only word you used for " strike '">.— Yes. You remember when I got into trouble once ? —I remember you weren't much of a cricketer then. (Laughter.) Do you know Mr. Henarc Kaihau, who, was formerly in Parliament?— Yes. I have a letter from him, in which he says that the wards, " Patua, could only leave been used by Rua as a "prophet," in the form of an appeal to his god to protect him. What do you say to that?—l should call that utter' rubbish. Would you agree with Mr. Kaibau's further statement that the only use to w-hacri the word is put by the Maoris is to drive out dogs and cats Mr. Tole: And rats! Mr. Lundon: Yes, if you like, rats. Witness (with emphasis): I should say it is rats. (Laughter.) Mr. Tolr (re-examining): Sir Donald McLean never went in after a native with an armed party? —No, never. Then if Mr. Herdman went to the neighbouring village to Rua's kainga, and sent an invitation for prisoner to .net him, he might be considered to have

gone to very great lengths?—lf he did that I should most certainly say yes. : THE WHAKATANE MAGISTRATE. Robert William Dyer, Stipendiary Magistrate, gave evidence as to the convictions which he imposed upon prisoner in the Whakatane Police Court in 1911, and again in 1915. The testimony relat ing to the passing of sentence in 1915 was substantially identical with the evidence given yesterday by the Court interpreter Stewart. Witness stated positively that he told Kua that he wa3 making a great mistake if he thought he could fight the law, as he would find the law stronger than he. At the outset of his cross-examination. Mr. Lundon sought to ascertain what evidence was given against Una in respect of the charge of selling liquor, upon which he was convicted and sentenced. His Honor ruled that it was not competent for counsel to challenge the Magistrate's judgment in that way. Mr. Lundon protested that he had asked Mr. Tole if he would produce a copy of the evidence given before the Magistrate, but he had not done so. Likewise the clerk of the Court at Whakatane was applied to, but without result, as far back as May last. He had therefore not been given an opportunity of appealing against the judgment. His Honor: I don't care whether there was an opportunity or not. lam telling you the ABC of the law under which we all live. You cannot challenge a Magistrate's judgment by cross-examin-ing him as to the grounds of the judgment. There could have been an appeal. Mr. Lundon: Yon arc telling mc there is a means of appealing, but unfortunately it must be done within seven days. JUDGE TAKES FIRM STAND. His Honor (after further protest by counsel): Mr. Lundon, I have ruled once, twice, three times. Now you are challenging my judgment. I decline to answer you further. Mr. Lundon: Very well, sir. I was only asking for information about the evidence. His Honor: That is no way to address mc, Mr. Lundon, although I don't suppose you intend to be discourteous. Mr. Lundon: Well, sir, may I ask Mr. Tole (to Mr. Lundon): Oh, this is altogether unseemly. .Mr. Lundon (caustically: You tell mc what is unseemly. Your conduct has been unseemly all through this trial. His Honor: Mr! Lundon, will you listen to mc. H you don't I will ask you to sit down.

Mr. Lundon: Yes, your Honor, I always listen to you. On two subsequent occasions Mr. Lundon also got at cross punposos with his Honor. In the first place he endeavoured to show that whereas Rua was entitled to be warned in the Court at Whakatane in 1915, that as he was being charged for the third time with the sale of liquor he was entitled, if he chose, to be tried by a jury, no such warning was given. Counsel claimed, therefore, that the conviction was bad. His Honor: The conviction is good tinless it is challenged. It may have been to the advantage of the prisoner not to challenge. Air. Lundon: We tried to get a copy of the charge, but could not. ■His Honor :.You arc again challenging the judgment of the magistrate. Mr. Lundon: I have no such intention. His Honor expressed the opinion that the findings of the magistrate were quite sound. The cross-examination was proceeding when the "Star" went to press.