CHARGED WITH MURDER.

Auckland Star, Volume L, Issue 210, 4 September 1919, Page 7

CHARGED WITH MURDER.

THE ORAMAHOE TRAGEDY. ASHBY COMMITTED FOR TEIAL. (By Telegraph.—Own Correspondent) KAWAKAWA, Wednesday. The hearing of the charge of murder against Walter Ashby, arising out of the Oromahoe tragedy, was concluded this afternoon.

Frederick Pago Wood, a gtinmaker, of Auckland, employed by the Colonial Ammunition Company, said that be had examined the cartridge shells in Court, and they were of .22 calibre, made by the Winchester Company in America. They could he used for a revolver or rifle. The mark they bore showed they were rim fire. In the opinion of witness the manner in which the cartridges were found would show they were fired from a seven-chambered revolver —a good revolver. Frederick Anderson, a labourer, deposed that he had lived with Jack Ashby, father of accused, at Oromahoe for seven weeks. Witness came to Oromahoe from Maungakahia, accompanied by Hira Ashby, who stayed about a week. Witness once had in his possession a seven chambered revolver, which he got from Hira Ashby. He got ammunition for it from Tom Harrison, a storekeeper, of Pakatai. ■He also got ammunition ' from Hira Ashby. He had used the revolver to shoot a dog. The revolver was now lost. When he had finished with it be handed it hack to Hira Ashby. He did not know what became of it. He had heard it was lost. It was a revolver with a short barrel, and ejected like the one produced in Court. On the 14th of August witness was ploughing on the hillside below where Ihimaera lived. He ceased work that day at 5 p.m. He saw both Ihimaera and Mereana (his stepsister) about dinner-time that day. They were then working near their tent. Witness did not see them again that day, and he had not spoken to Ihimaera. Witness bad been told that Iliimaera was a tohunga, but did not know who told him. When at Maungakahia he lived with a relative faniilj- of Ashbys about six months. While there he never heard any threat made regarding Ihimaera that he should be.shot as a tohunga. He had never heard such a threat. He knew Mrs. Ashby, mother of accused, •but did not know she was reputed to .be a. tohunga, and while he lived there 'no one came to be cured by her.

Pressed by the sergeant, he said be beard that a man with a bad leg came one day to be treated. He was told this by a woman. He did not know of any bad feeling between the Ashby family and Ihimaera.

To the Magistrate: He had the revolver at Maungakahia, and returned it there to Hira Ashby before he (witness) came to Oromahoe.

Mr. 'Singer asked that objection be noted against the hearsay statement of a man coming to be cured.

Waehaere Ihimaera repeated his testimony at the inquest regarding 'his father's statement that he was shot by U'altor Ashby. To Mr. Singer: The talk was in Maori. STATEMENT TO THE POLICE. Senior-Sergeant Cassells put in the statement made on the Monday night, August 18, by Ihimaera, The statement was fn reply to questions. When pressed for the name of the man who shot him Ihimaera was reported to have replied: 1 think it was Willie Ashby, the son of Jack Ashby. He lives sometimes at Whangarei. That day I saw him at Oropa—no, at Pairburn's Bridge.

When you came in the oar to the 'hospital did you see him at the bridge t Yes.

is that the man who fired at you and Mareana?—Yes, that is the man.

Is that statement you have made true ? —Yes.

Counsel for the defence submitted that there was no evidence in this statement against the accused. The name in this statement was not his name, but another's, Willie Ashby. As a matter of fact, the accused had never lived At Whangarei. The statement mentioned a man at tbe bridge, but it did not say he was working there. The sergeant, continuing, stated that when he arrested the accused he ffsked him if he was at the bridge in question on the day Ihimaera was brought in, and accused said "Yes." The sergeant then produced a 22-calibre • seven-chambered revolver with which he had experimented by firing seven shots. He ejected the cartridges after three trials and tliey fell each time so that he could cover them with one hand. The marks made on the cartridge were the same as those on the cartridges found at Oiramalhoc. If a rifle had been used the empty cartridges would have been scattered. He was of the opinion that Ihimaera was' shot with a .22-calibre seven-chambered revolver.

To Mr. Singer: He held the revolver I iibottt three feet off tbe ground, and used . the ejector. He learned of Ihimaera's i promise to tell the name of bis assailant j | from Constable Dempsey, to whom the I promise was made. I i Mr. Singer addressed the Court,! stressing the authorities against the ad- j mission of the statement made by Ihi- '■ maera, and contending that there was no I evidence at all that the accused shot j the woman. J The magistrate committed the accused' for trial on both charges. An application for bail was not granted.