DROWNED.

Auckland Star, Volume LXXI, Issue 158, 5 July 1940, Page 3

DROWNED.

HINDU'S DEATH.

PATHOLOGIST'S VIEW.

MANSLAUGHTER CHARGE.

MAORI PLEADS NOT GUILTY,

(Bj Tclognijih.— Specinl to "Star.") HUXTLY, this day. The opinion that death was due to drowning was expressed by Dr. Walter Gilmour, pathologist of the Auckland Hospital, when the hearing of the case against the Maori labourer, John Kite, aged 2.1, resulting from the death of a Hindu. Rani.i Khiwhal, near Huntly, on May I s . was resumed i;» the Police Court at Hun'ly to-day. Kite is charged with manslaughter.

Dr. Gilinour, t)i c first witness called this morning, said that the left side of the Hindu's forehead had lacerated vertical wounds about an inch long. There were several other lacerations on the face and bruising on the left cheek. Vertical lacerations above the mouth were fairly deep, and a number of teeth were knocked out. On the rest of the body there were a few minor injuries only. There was a small effusion of blood on the brain, and the lungs were congested. The stomach contained a quantity of dirty water, and it was witness' opinion that death was due to drowning. The wounds on the face were not sufficient to cause death, and it wae unlikely that tlrey would cause unconsciousness. The wounds were consistent with blows from a blunt instrument, and could have been caused by a boot. Death probably occurred between 11 p.m. on May 17 and 3 a.m. on May 18.

Bloodstains On Blazer. Evidence of having found human bloodstains on the accused's blazer and overcoat, was given by Dr. Edgar Francis Fowler, of Auckland. Detective-Strgean-t Jo>hn Trethewey, of Auckland, detailed various stages of the police investigations. In a conversation with the police a week after Kama's death, Kite denied having any trouble with him. In reply to DetectiveSergeant P. J. Nalder, he denied having Mood on his overcoat after a visit to Kama, and said: "If you find Hindu blood on my overcoat, then- I kill Rama." Detective-Sergeant Trethewey produced two statements made by the accused on May 24 and May 28 respectively. In uhe first statement Kite admitted visiting Kania'n whare and drinking wine. He said he got "pretty full," and that the blood on his coat was received when lie accidentally hit his face on Rama's door. The Hindu was all right when lie left. i In his second statement the accused said he wished to correct his earlier explanation and tell the truth. "On 'lie night of May 17 I went to Rama's , whare, ns I said previously,*' he added. "I had given him 15/ during the afternoon to get me some beer, and when the others left the hut that night I went back to get the beer or a return of tjie money. Rama said he had not got the beer, and would not give me my money. "I Got Wild." "When he said that I got wild, and he grabbed me. Then I hit him on the chin with my fist. I was very wild, and full with drinking, and I don't know what happened after this. I did not get my money from him, and I do not know what happened until I got back to the pa. I saw blood on the left sleeve of my coat, and I knew I was in trouble. This blood must have come from Rama's face when we were having the fight. When I got to Mrs. Wiremu'a place and saw the blood on my sleeve I knew I was in for trouble, and I told my sister. "I wag very sorry for hitting Rama. I always liked him. He was a good friend to the Maori, but when he did not give me my money I got muddled up. I hit Kama with my hand, and I do not remember hitting him with anything else. I can't remember kicking him with the boot. I know the argument started in Rama's whare, but I do not remember where I hit him. When I heard that Rama was dead I knew that I had done it. I heard on Sunday morning that Rama was dead, and I feel very sorry."

Accused was then told# that he was oeing charged with the murder of Rama Khuehal, am! he just nodded his head, making no reply.

Evidence given by Detective-Sergeant Nalder was corroborated by Detectivesergeant Trethewey. Witness also stated that Kite stood 6ft lin, while the Hindu, who was only sft 6in in "eight, was middle-aged and of frail physique.

Thie closed the caee for the Crown ni >d. for accused, Mr. Skelton pleaded not Jfuilty and reserved his defence. Kite *ae committed to the Supreme Court at Auckland for trial.