THE SON OF RUA.

Auckland Star, Volume XLVII, Issue 239, 6 October 1916, Page 6

THE SON OF RUA.

TRIAL AT SUPREME COURT. ENTERS.ITS FOURTH DAY. CASE FOR THE CROWN CLOSED. ; The trial of Whata Rua entered its fourth day at the Supreme Court this morning before 'Mr Justice Hosking. Hon. J. A. Tole, K.C., appeared for the Crown, and Mt J. R. Lundon for the prisoner.

Evidence was given yesterday by William Cobbledick, Government ranger at Rotorua, who said that he saw Neil drop the axe and the accused pick it up. The prisoner 'had got the axe in a striking attitude over the constable when Sergeant O'Hara came up and collared him.

The ■witness Tas cross-examined at great length by Mr Lundon in regard to telegrams 6ent by the defence during the Rua trial informing him that he must give evidence, the judge admitting the question, which was apparently with a view to testing the credibility of the witness. When, however, the defending counsel attempted to pae3 on to deal with certain incidents which constituted much discussed features of the Rua trial, the judge sharply declared that sucn eternal examination into everything that happened at the time of the arrest could not be allowed to go on. The public time was of much more value than the hunting out of those ramifications. He ordered counsel to keep to the time concerned with the incident of the axe. Mr Lundon: This is the time. The Judge: The witness says it is not. Therefore you must try and prove that it was by some other means. The administration of justice would break down if things were allowed to go on in this way. Mr Lundon: I should be sorry bo see justice break down by a man being wrongly convicted. [ The Judge: There is not much chance of that happening after all the excursions into matters unconnected with the case. I explained the position clearly this morning, and here we are traversing events that occurred after the incidents connected with the case.

Constable G. J. Maloney, who was one of the Gisborne party, stated that when Rua was arrested he saw Whata pick up the axe while on the bank about a chain from where Rua was standing. He ran down the bank to within a few yards of where Rua was on the ground with the constables, (holding the axe upraised in a striking attitude in both hands. Witness, on seeing him pick up the axe, immediately gave chase, but Seigeant O'Hara ran in from the side, grabbing Whata by the neck and throwing him. Had O'Hara not stopped Whata witness would have hit him with a (revolver.

Tlhig morning Mr Tole intimated that he <had no farther evidence to call, and formally clo&ed the case for the Crown. THE DEFENCE. Mr. Lundon, in opening the case for I the defencej traversed the evidence of the witness of the Crown, and alleged I that in no particular did it agree except | in regard to the incident of raising the axe, upon which it was desired to obtain I a conviction. I His Honor stated that there was one point that he might mention at this I stage, that was whether, assuming that I the act, as alleged by the Crown, of taking possession of the axe, running up | and lifting it, was proved, it amounted to an attempt, or simply to mere preparation. It was a question of law, ) upon which there might be argument, and which he -would have to decide before it went to the jury.

David Lundon, ofTarukenga. Rotoraa, gave evidence as to the plans submitted to the Court, pointing out the various localities mentioned at the Rua trial.

Wbata Rua, the accused, stated thai when one of the police seized Rua by the arm, the man with the axe was inanediately behind. Neil had the axe in his hand when he came in contact with Rua over the edge of the bank on which the struggle took place. He was holding Rua dowa with the left hand and had the right behind him clasping the axe. Accused, seeing this, and in view of the fact that Rua was his father, took the axe away. He was then holding it in front of him, clasped in his two bands. At no time did he raise the axe above his head, nor did he attempt to strike anyone, though he had ample opportunity to do so had fle desired. Cross-examined by Mr. Tole, accused denied the truth of the statement that the police had seen bhn picking up the axe. After he had taken the a-xe from the constable he -was at once relieved of it by a constable -whom he did not know. The case is proceeding.