TRIAL OF WHATA RUA.

Auckland Star, Volume XLVII, Issue 237, 4 October 1916, Page 2

TRIAL OF WHATA RUA.

..... JUDGE AND COUNSEL. SOME INAJDMISSrBLR EVIDENCE. The case against Whata Rua, a son of the "prophet" Rua charged with intent to do bodily harm to Constables Xeil and Williamson, was continued ct the Supreme Court before Mr. . Justice Hosking to-day. Hon! J. A. Tole appeared for the • Crown, and Mr. J. R. Lundou for the prisoner. ' -

Evidence wae given yesterday afternoon by Constable Williamson to the effect that while he was struggling with two natives he saw the prisoner behind him with uplifted axe in the attitude of striking at his head. Prisoner made two or three attempts to strike before he was pulled away by Constable CHara, who had hold of him round the' neck. ; Senior-Sergeant Cassells gave evidence this morning in regard to the incidents. relating to "the arrest of Rua. • j Mr. Lundon, in cross-examination, asked if witness saw any natives armed besides the twoeeenehooting at the constables. Mr. Tole: Why do yoii want to drag in the fact "that the natives were not' armed? Mr. Lundon: Because it is true. : His Honor: It is quite a waste of time. ' How could the -witness Teply if he did not see them? Mr. Lundon: tdo not-suggest any-dif-ficulty in getting evidence., from ithis of ficer, but I can hardly say the same for some of the others. His Honors You must not make suggestions ol that kind. These unproved statements are not to be made. - - ' Later, Mr. Lundon proceeded to ask a question arising from the notes" of 'the previous' .evidence. '■> ■ '■ ...--

■. His Honor: I. have known the.... most rank mistakes to creep into- depoeitione, because in the first place they are fre : quently_ gabbled.'.over by the. clerk or magistrate, and .the witness does not take in" What' is~eaid. ■**" ■' ■ •; • >' v ;Mr.: liundqn: Hertrwe had-a'special expert _sent from'Aueklagd, ' Hfe" Tlonpr: I do n'o£"'c»Te""wheH»er'he its-'an. expert or not. Experts make mistakes as" well as others. " ■ --•. Mr. Lundon: The point I yeUh to make, your Honor, is—— His Honor: .Mr. Lundon, I rule that you can ask" no further' question about .the matter. What' you have to deal with is the qnestinn of whether this man lifted an axe to strike either of the two constables. I object to these attempts, the effect of which ie to mislead the jury. ' ' ""' Air. London: I am prepared to prove everything I say. -"•• : Hie Honor replied that it would have to he proved by evidence. The case is proceeding.