THE MAUNGAPOHATU FRACAS.

Auckland Star, Volume XLVII, Issue 243, 11 October 1916, Page 2

THE MAUNGAPOHATU FRACAS.

PROCEEDINGS STAYED. -. CBOWS CASES COLLAPSE. j PRISONERS DISCHARGED 'A further stage of the Maungapohatu fracas was readied at the Supreme Court : to-day, before-Mr. Justice Hoskmg, when proceedings against A-wa Horomona, Tioki Kakaipari, and Maka Kanuehi were stayed. Hon. J. A.. Tole, K.C., appeared for the Crown, and Mr. J. X-"-London for the prisoners., The charges Were for assault and resisting. Mr. Tole stated that he had been authorised to stay proceedings, and under the circumstances the accused had better be discharged. Mr. Lundon asked whether tlity were Hot-entitled-to a : fbrmai acquittal" His Honor: Supposing the' Crown enters a nolle prosequi, as I suppose the Crown will, following upo> ; S"" s? Mr. lamdon: The -point is that, afteT •waiting for six in ga ol > * ne y are "entitled to a trial "or gjp"** l - Mr. Xolei.lt is:tße.l»«Mr. Lundon: :Then they are clearly entitled to a ft*""* 1 acquittal. ;Hk Hbnor.vWe.have not got.a jury -kere to-TMJJ&'f"?- -. ~ Mr. Xun«fiH» : VViiy not take the risk of ■*Mpaiifle!?W a - Wy of police? are not here for a joke. jlr. Lundon: It is no joke. , JBrHonor- Of course, if a jury were empimnelled I might direct them to ••S'-cJfrf. -Tote-- There is no precedent for . »och-a- course. - - '•'.- " . ~ : 3^!^l*ttiidaß-i : lt-iB-by-iip means an unknown course a" jury if no evidence is offered, and give a verdict of aegnittaT,.- -'- ■ \\>... .'..". .'.,.. ~ .< :+R? -Honor; A nolle prosequi/might be eitered, because, there, was not sufficient -evidence at the time. -It might be poeeiWe & revive fiie proceedings at a later stage, though. I do not think you need be ..■app*ehension..! s Mr..Liuidoiti;_Tbat.is_just the point. .. IBs. HonqK - Ir.do; "not,- think there is --.iSy"-3anger,.... In_any. jasa.-I cannot "go — pn-when'r-haTe nothing to try. ■ ■ '"• then-discharged. CA§E AOAISr. Honor: Tiat is all, I think. " Mr. Xbndon: -There Is stUl a matter ~J_*e&l?Sjg to "the'Enatrial. " ; . .Vi Sb'.'-.ToV&i"T&ere ""■were* efght counts, i- four . joI : whkh eliminated, by Mt . -"•""Justice XSiapinan, while the charges of "'"Becfitioitt;* insisting the - police, and doing griesaua jbodiiy. iarm remained. Upon the-'charge' of sedition "the jury found him noir-gaiity; but entered a verdict of - jggaty-of-resistance., wlifle-on -the-charge of doing grievous.. bodily harm they could not agrpe:*--■"'-■' • -Mi. .Lundon: Then Rua should be brought to- taial at tiis sitting and acquitted, the Crown having no evidence. ___His Honor: I think the proper thing • -"would be: to' quash. these_counts. '5 \. IMr.'.iLundoh: ."I,haVe his Honor's .comThere were 3 ". V.'ln , ■ "summing • lip .'his vHonor handed the jury i;he counts recon--1 ■.structed > _-with a pencil- mark- between ,'fhe'foirrth and the-fifth counts. He told *"the 'jury -that-until- they-had considered the first four counts they heed riot bother"--with/ the- others'. The ■ jury therefore the four, and, owing to the "speed" of events,' though his Honor had directed, "them to return a verdict "-of- acquittal,-.they were L2 Bot asked io r return- a : verdict -on" those counts. The pdsition therefore is that in-regard; to .the last L'qunts a..verdict i-T^ie"not , asked for;" with.regard:to - .the ,- Jhe_re - -was an acquittal, and on two charges at Wai-iti —the-verdict--was-guilty-of moral resistance. __. There -was an application for a re-triaJ.raiKl-Kua -wants-to-be dealt with at this session.

.-Mr. Tolei It cannot be. His-Honor: I. suppose-it was.an appli-■icatibtt-for a date to be" fixed.

~.^JMr. Lundon:' Tnt application -was r:graniedr but•^α-date-was fixed. ,3Jow —he-desires- tb-b'e -dealt ■with:- " - "

His Honor: X.suppose the .man. is'en-. •titled to -be : dealt -with as speedily .as possible, Mr. Tole? -_-... "Jl .-__

Mr. Tolfl: I am. asking for a formal adjournment so that I can explain" the •matter, ta the Solicitor-General.

Hie JHonor then formally adjourned the case till Tuesday next, at 10 a.m.