FIREWORKS.

Auckland Star, Volume XLVII, Issue 172, 20 July 1916, Page 6

FIREWORKS.

SUPREME COURT DIVERSION. TRIAL OF RUA HEUETIPA. COLLISION* WITH A WITNESS. AX IMPROMPTU DINNER PARfYT The last day of the sixth week of the trial of Rua Hepetipa was characterised by an electrical outburst in which counsel for the defence (Mr. J. R. Lundon) and one of the Crown witnesses (Mounted Constable Skinner) were the central figures. The prisoner has pleaded not guilty to charges of sedition, counselling to murder, resisting the police, etc.. and he is being "tried at the Supreme Court before his Honor Mr. Justice Chapman and a jury. The Hon. J. A. Tole, X.C.. is prosecuting on behalf of the Crown. One of the most important witneesee for thn Crown was Mounted Constable Skinner, of Tauranga, who ie alleged by several of the native witnesses to have fired the first ehot on the occasion of

Rua's arrest. Witness said he was one of the two mounted eonetaMes who accompanied the main party from Roto-T-ja. When they got to within 2J miles of Maungapohatu the Commiseioner told them to ride on in front, at the same time instructing Senior Sergt. Caasella to give witness his rifle in exchange for tlie latter's revolver. After loading hie revolver lie undid the belt and handed it to the senior eergeant. He then slung the latter's rifle on his back and went on in front with Mounted Constable Wol/endalo. Before ascending to the marae the Commiseioner and Constable Cummings rode on ahead. HOROMONA'S HEAD. Witness went on to describe the arrest of Rua. lie caw one of the latter'a followers (Horomona) trying to pull a constable o(T the prisoner. While Horomona was resisting two constables (both already injured), witness rode to their assistance end etruck the big native on the head with a green riding whip which had been cut in the bueh. He did this because the Maori made a deliberate kick at one of the constables in a vital part. The blow apparently had no effect. Senior Sergt. Caseells then rushed up and ■hit Horomona over the liead with a baton. "Just at that moment," proceeded the witnese. "I heard the firat shot come from the gully on my left. I stood

up on my saddle and looked around. I looked to my right to ascertain if anyone else had noticed the shot, and in doing so I noticed a native (Puke Pake) come round the corner of the whare in a crouching position, levelling a service carbine at mc from the lower portion of his body. I rushed my horse at the native, and he dropped the rifle and ran away." OXLY FIRED TWO SHOTS. At that stage the Commissioner called out an instruction to cut off Toko Rua, who was running away. Witness galloped half a mile up the Gieborne track and stopped when ho heard shote fired, then returned in the direction of the Marac. A bullet came from the direction of the gully, and whizzed over hie bead. The man who fired that ehot ran up tho gully. Witnese could not see any arnie on him. . Throughout the whole proceedings witness fired only two ehots. Mr. Tole: The allegation is that you fired tho first shot in the' direction of Kua while he was lying on the ground. What do you say to that?—lt id absolutely ridiculous and absolute perjury. There ie no room for a mistake. It would be an inhuman action to fire at an unarmed man?— Yes; shooting would he too good for a man who did such a thing. You have saved lives in your time?— Yes. I have saved three lrvea and have

several records of merit for life saving. Cross-examined by Mr. Lundon, witness said he was not carrying a private revolver. He had never had one in hie life. Neither wae he in the habit of using a baton. THE MATCH LIGHTED. j A lively bout was precipitated be- 1 tween counecl and witness upon the lat--ter declaring that he was unaware of the suggestion that he fired the first shot from a revolver until he heard Mr. i ! Lundon say so in the Court. He denied j that Mr. Lundon told him either at the Waverley Hotel, while having dinner, or during a conversation at the corner of Wellesley Street and Queen Street. Mr. Lundon: Did I not mention the fact to you at the Waverley Hotel?— You never did. Do you say I did not do so at dinner table?— Mr. London, lam surprised at you. I know what you are drrvin-' at. ion said: "The natives say that you fired the first ehot. I don't believe them Skinner, I tell you candidly, although they say go." I will srwear you did not i mention a revolver.

What date was that?—l don't know. I wa3 sitting at the table, and you came and eat down with your friends. We had a general conversation, and while talking about old times you spoke as I have said. I said to "you: "Well, ! never mind, Lundon. You are doing your best in the case. Go on doing that and don't worry. But lam eorry to say you have brought up one or two things in this cas<? which you could have well left out. They will do you no good in your profession or in the opinion of the Auckland public." "DOX'T LAUGH. MR. LUNDON." Mr. Lundon's obvious gmile caused the witness to remark: "Don't laugh Mr. Lundon." Witness (continuing): And you eaid, "Well, Skinner, one or two statements have been made which I would like you to hear."' I aeked what they were, and you said that you did not believe them but the natives had said that I fired the first shot I told you that I did not do so, and that I had a clear conscience about the matter. Mr Lundon: Will you swear that yon eaid that?—l swear that all I have said is true. Had the trial started then?— Yes; you were just about to commence your defence. Mr Lundon (with rising eholer): Will you swear that we did not have our firet conversation two days before the trial? His Honor: Please, please! A little more moderation in your language. Mr Lundon: What is objectionable about my language? His Honor: Wen, the noise alarms mc I don't know about otheie in the court. Mr London: One has to speak so that one can be heard. ON THE STREET CORNER. In milder tones counsel proceeded to question witness about the Wellcsley Street conversation. ■Witness: You ere stopping mc now. I haw not finished about the Waverly. Mr lamdon: Did we not have our firet eonveraatfon at the corner of Weilaley Stroet:—Yes.

Before the case started?— Yes, but 1 will tell you all about that afterwards. I am coming back to the Waverley. His Honor suggested that witness should be allowed to complete his statement. Witness then mentioned the name of a prisoner who was awaiting trial at the time in a case altogether distinct from Rua's. He said that Mr. Lundon told him of the man's arrest, and asked what would be the best defence, and how much money he had, remarking, 1 want to get a good bit out of him if lam to defend him. If you can find out what money he has I shall be much obliged." Mr. Lundon: .You know you are on your oath ? —Yes. Who was present?— Your wife was on one side of you, and someone else was on the other. Do you asked the jury to believe that such a conversation took place in the presence of Mrs. Lundon and someone else?— Yes, I am telling it straight out. FOR AULD LANG SYNE." After a few minor exchanges between counsel and witness, the former inquired the nature of the conversation which took place on the Wellcslcy Street corner. Witness: You said "How is it that you are not called in this case, Skinner? It i B unfortunate, but I am fairly sure that your name will be prominently mentioned." You also said: "It seems to m c that there are very few police m New Zealand nowadays who seem to be able to take the "initiative." That

was the gist of the whole conversation, and I wondered what you meant by itMr. Lundon: Do yon swear that there was no mention then of the fact that the natives said you fired the first shot from a revolver?— There was not. For old friendship's sake, did I not beg of you to go to Mr. Tole and tell him what was to he 6aid? —No. Did not we go over to Sub-Inspector Johnston and another officer and have some conversation about the first shot?, —Xo. There was no conversation at all about the first shot. Now, how many times has this first shot been discussed between us at the Waverley Hotel?— Once. Twice, I suggest?— No. Did not I say it was only fair to you that you should be put into the box in view of the fact that the Maoris were going to sweaT that you fired the first shot?— No. Did you mention then that Toko fired the first shot?— No. I did not know ■who fired the first shot. Will you tell us, now, on oath, whether the first shot was fired, or could have been fired, by Toko?—I did not think it was Toko.

But you haTe told us that you fired at the man who fired the firet shot?— I did not think that was Toko, but teok it to be another man. When was the first shot fired?— About the time that Horomona was- shot. OX A HOLIDAY. James Gordon Craig, chemist, of Waimate, Taranaki, who accompanied the expedition at his own expense, gave evidence of assistance which he rendered Dr. Brewster in dressing the wounds of the injured men. Cross-examined by Hγ. Lundon, witness said that in the course of a holiday he met Dr. Brewster on the Main Trunk express in Wellington, and the latter mentioned that he was going with the police expedition after Rua. Witness said, " Well, I'm going too," and he went. He regarded the outing as a " j°y ride." and enjoyed it very much. The cross-examination was proceeding v;hcn the "Star" went to press. "