WIFE'S INJURIES.

Auckland Star, Volume LXIII, Issue 33, 9 February 1932, Page 9

WIFE'S INJURIES.

YOUNG HUSBAND CHARGED. AFFAIR IN CHINESE WHARE. FOUND GUILTY OF ASSAULT.

A story of the unhappy life of two Maoris who were married when in their early 'teens was told to Mr. Justice Smith and a jury in the Supreme Court late yesterday afternoon, when Wiri Manalii Hapi, aged 21, was charged with assaulting his wife with intent to cause actual bodily harm, assault causing actual bodily harm, and common assault. Accused pleaded not guilty.

Mary Kahui, aged 21, who was crying when she entered the witness box, said that she married .accused at Pan mure seven years ago. A baby was born, but it died, and accused went away and stopped with another, woman for a time. She and her husband later went to live in part of a house at Mangere owned by Wong Lee, a Chinese market gardener, and accused worked for the Chinese. Before last Christmas accused gave witness a "hiding," and she went to live with an aunt for a few days.

On the night of January 2, continued witness, she was in her room at Wong Lee's house with their twelve-montli-old baby. Soon after she had got to bed she heard accused knocking at the window, but she did not let him in, because she was afraid. He then crawled through the window, but promised that he would not make any trouble. She went to sleep, but Ilapi woke her up and accused her of going with another man. He then sat on the floor and wrote a note. Shortly afterwards, when the room was in darkness, she was struck twice on the head with what she believed to be a piece of piping. She fainted, and when she recovered she found that her head was bleeding. Later she was ordered to the Auckland Hospital.

In answer to Hapi's counsel, witness denied that she had gone out alone with a taxi-driver.

Evidence relating to the wounds suffered by accused's wife was given by Dr. J. M. Cole. There were two wounds, he said, at the back of the head, and lie had inserted several stitches.

Cross-examined, witness said that he did not think a fall against a bed would cause two such wounds. A fall might be responsible for one of the cuts, but he did not think it likely that it would cause two so close together. A middle-aged Chinaman, Wong Lee, said that he heard accused shouting to his wife to open the door. Later the woman said accused had struck her.

Note Written By Accused,

When the case was resumed this morning the first witness was Polly Quong Clung Joe, a Maori woman married to a Chinese, and a cousin of Mary Kahui. On the morning of January 3, she said, her cousin came to her house crying. A note handed to witness indicated that accused intended to kill his wife and commit suicide. Wong Lee had told witness that accused had said that he had hit his wife on the head with a piece of pipe.

The finding of a knife under an apple tree near Wong Lee's house was described by a Maori boy, Reuben Hira. In reply to accused's counsel witness said that the knife might have been left In the garden by the Chinese.

Detective Stevenson said that he had found an overcoat with bloodstains on it under the house.

"When I went" to tho Chinaman's house Hapi was crying," said Constable R. Wilkes. "When I asked accused why lie was crying lie said that he loved his wife, but as she had other men friends he had hit her on ttie head with a piece of water pipe." Accused had informed witness that he had thrown the pipe into some long grass in front of the cottage, but a search had failed to reveal it. Accused had told witness that he had intended to use the butcher's knife on himself.

Points for the Defence,

In his address to the jury, counsel for Hapi stressed the fact that accused, after writing the note, had asked his wife to take it. That fact, he contended, did not indicate that he intended to kill his wife. The wounds suffered by the woman were merely scalp wounds. There was no evidence to show that accused, after the trouble in the house, had been waiting for his wife with a knife behind the apple tree. Undoubtedly accused had made up his mind to kill himself. " Under the One Law." Summing up, Ills Honor said that it was absurd to suggest that because Maoris in the past had exhibited savage traits a Maori should be acquitted whenever charged with a savage crime. In New Zealand Europeans, Maoris, Chinese and all other races were under the one law. After a retirement of one hour the jury found accused not guilty on the first and second counts, but guilty of common assault. He was remanded for sentence. '