THE RUA TRIAL.

Auckland Star, Volume XLVII, Issue 187, 7 August 1916, Page 6

THE RUA TRIAL.

LETTER FROM JTTRYMEB, , OBJECTIONS TO THE SENTENCE. - We hare received a letter purporting to be signed by Messrs. Robert Menzjet i H. Marriage, John Pye, James Roej'jolin Shearer, Harold Pollard, William Hot lock, and Robert Jobson, eight of th| jurymen wQio served at the trial of Rua, in which they state: — ' "In giving our verdict in tie iitoyi trial, "Guilty of moral resistance," |j respect to the charge of resisting tie-. police at Wai-iti, we meant to convey that we were agreed that Bua had no intention of resisting the police in any physical manner, but that tie would not go with them voluntarily and nntil the■position ivas satisfactorily explained to him. We consider Rim wished to be I formally arrested as a matter of protest, for we Ijelieveii .he was of opinion that lie was ■being persecuted, and in that respect we shared his opinion. We were surprised' ': at being discharged, ac we had not definitely concluded thiat agreement upon the Maungapohatu charges was impos- * sible. We were also anxious to bring iii' a rider in regard to the Maungapohatu charges recommending the exhumation of the bodies of Te Maipi\ and Toka Rua, the natives killed, as wo think tht-re should be come investing-. tion. The direction of his Honor, the learned judge, that the verdict wae one of guilty conveys the impression that we were agreed that Rua was guilty 0f.... resistance. This is not so, for we think ■ \ that Rua had no intention in that way. . . . We are astounded at the severity : of the sentence inflicted under the cir- ■ ■-.'. cumstances. . . We state explicitly" : ' that ten of the jury were in favour of" ■ an absolute acquittal." Our correspon-:? dents make some statements reflecting . upon certain witnesses, which are mad- ; missable. STATEMENT BY THE FOREMAN OF • • THE JURY. Mr. A. J. Graham, foreman of ttie ' jury upon bein» seen by a representative . . of the "Auckland Star," stated that hii ■ Honor Mr. Justice Chapman, when the . verdict was delivered, intimated clearly , to the jury that he would interpret it al a verdict of "Guilty" on that count,' and the jury gave their assent. There ■was ample opportunity for them to'have raked any objection at that time. He further states that during the six hoTire' retirement every phase of the case -was discussed, and no suggestion was made that a rider asking for the exhumation of the bodies of Tβ Maipi ij and Tokp Rua, or for further invertigV". 1 •/. tion into their deaths should be' . attached to the verdict. In point of .: fact, he never heard the question of ex-:' humation even diecuwed while the ver- •";-.-. diet was under consideration. Nor was there any reason to suppose that .further. ■ conference -would have resulted in agreement on the Maungapohatu charges. ' Tlie discharge of the jury was accepted- •;:'.■• at the time by himself-and other men&v bers of the jury, so far as he knew,? lev . ■= a matter of course, end he heard no.ob- >-.-..; jection raised to it. The sentence imposed upon Bua for the offence of moral-'. resistance, upon which the whole jury-' found him eivKrelyl i ter for the judge, who had heard the .. evidence with great, patience, . and; ,, summed up with conspicuous fairness to" "■ Rua. Messrs. J. K. Earle and R". B. 5 " members of the jury, fully endorse the : . § statement made by Mr.. Graham, fore- • man, and certify to the accuracy of hii version of what took place at the trial. ■