THE MAUNGAPOHATU CASE.

Auckland Star, Volume XLVII, Issue 236, 3 October 1916, Page 2

THE MAUNGAPOHATU CASE.

TRIAL OF PTJKEFTJKE KANAKA. JURY RETURN'S A VERDICT OP KOT GUILTY. Tne trial of Pukepuke Kanaxa, charged with intent to do bodily harm to Constable Skinner, and attempting to discharge a gun at him at Maungapoliatu on April 2 last, was concluded before Ml Justice Hosking at the Supreme Court to-day after extending to a period of seven days. Hon. J. A. Tole. K.C., appeared for the Crown, and Mr J. R. Lundon for the prisoner. The addresses of counsel, heivrd yesterday, occupied a little over five hours, four of which were taken up by Mr Lundon. HIS HONOR'S SUMMING UP. In the course of his summing up to the jury hi 3 Honor said the case arose out of the facts brought out at the Rua trial, but the charges in the Rua case had nothing whatever to do with the charges in this. They were quite different, and of a different character, as in the former case a large body of evidence was necessary for dealing with the various charges laid. It had been alleged that the fact of the prisoner not having been admitted to bail, and that he had been in custody for six months, should have a bearing on this case. In regard to that it should be ,pointed out that the question of bail was within the discretion of the Magistrate's Court. If bail were refused, how.?vex, it was quite open to apply to the judge of the Supreme Court at any stage of prisoner's confinement. So that the fact had nothing whatever to do with the question before them of attempting to discharge a gun at Constable Skinner. His Honor reviewed the evidence at length, pointing out that it devolved upon the jury to say which story they believd —that told by the Maoris or that told by the police. He could not help making the observation, he stated, why was the witness Tuhua not called? The suggestion was that if he had been called his evidence would have placed him in a very awkward position, but if he had done nothing more than had been shown Vjy the evidence of other witnesses, it seemed hardly sufficient to foTm the basis of a serious charge such as this.

The jury returned a verdict of not guilty shortly before 3 o'clock. TRIAL OF WHATA RCA. Whata Rua, son of the " prophet" Rua. was arraigned on a charge of attempting to do actual bodily harm to Constable Wm. Neil and Constable Jas. Sinclair Williamson. Hon. J. A. Tole, X.C.. appeared for tbe Crown, and Mr. J. R. Lundon for the prisoner. Mr. Tole, in outling the case for the Crown, referred to the use of the word " Pafcua," when be was interrupted by the Judge. " If there is doubt as to the meaning of the word, why bring it in?" asked his Honor. Mr. Tole: It has a bearing on the case, but I am stared with the fear that we ■may be exhausted. His Honor: I am not putting it from that point of view. It is a quertion of the public time. One- wants to ascertain the point that has really got to. be decided, and then get tbe evidence ou that 1 point. I shall not refer .to the matter further. IJ this sort of matter is brought • in, the responsibility will be on the Crown. Mr. Lundon: The case may last weeks. 1 Mr. Tole: Mr. Lundon says the case may last- weeks. lam overshadowed with the threat of public time, but if your Honor . kes the view indicated. I will leave out the word. His Honor: The evidence shows that some say it means one thing and some another. It is not for mc to say. I -have only raised the point that you "may direct your mind to tlie question of whether it is essential. If you say it is relevant T will accept that and say no more.

Mr. Tole: What does your Honor say now? His Honor: I am not going to prejudge the case. The responsibility rests with you. Mr. Tole: Very well, I will leave it out. Constable Neil detailed the circumstances in connection with the an-est of Rua. stating that he and Constable O'Connor had in their possession an axe for the purpose of clearing the track for the main body. He was positive that no one had taken the axe from him. and that h e had thrown it aside while assisting in the arrest of R ua . Tlie case is proceeding.