TRIAL OF HIROKI FOR MURDER.

Press, Volume XXXVI, Issue 5058, 23 November 1881, Page 2

TRIAL OF HIROKI FOR MURDER.

["press association teleqka-:."] NEW PLYMOUTH, November 22. Hiroki was brought up on remand at the Polioe ' Court to-day, when the E.M. and the same Justices presided. De Genes Fraser deposed—l am a Government surveyor. I remember a man named John McLean being killed three years ago. I saw his body between the 17th and 19th of September, 1878. I was engaged upon the survey of the Momahaka block. I was acquainted with deceased for abont simonths previously. He had been for the whole of that time on my survey party, and latterly acted as cook. I went out with a oadet to do some work at 8 a.m. on Thursday. I saw McLean at breakfast when I left. I returned between 3 and 4 o'clock p.m. From what the cadet said I went out and looked over a bank, and saw the body of deceased lying face downwards. The upper part of his body was lying in water, but tho other part was dry. He appeared to have pitched forward into the stream. This was at the place we used to get water from for onr camp. The bank was about 30ft. high and very steep. We had a narrow track leading down to the water. McLean used to go down the track for water. The body was lying at the. end of the path where it came to the water's edge. We were camped on a small clearing, but there was bush on the opposite side of the creek. There was standing bush within a chain of where the body lay, both np and down the stream. The cook-house was about half a chain away from the path. A man could be concealed in the bnsh close to the • path. When I saw the body I ran down with my cadet (Bichard Buroh) aud pulled the body out. There was about two or three feet of water in the stream where the body was lying. The head and shoulders were floating in the water, and tho lower part of the body was resting on the bank. Noticed McLean'i hat. It was lying partially under him In the water. A hand bucket was also lying under deceased's chest. The body was quite cold, but not at all stiff. We dragged the body up the hank. Deceased was dressed with trousers, Crimean shirt, boots and a military belt. I noticed a wound on the left side of the body. fThere was a ent of about two inches in his shirt. In getting the body to the top of the bank I noticed a swelling below tbe right temple. Noticed some blood on the right ear. I got one of the flies oS the tent and covered the body over: 'I then sent the cadet to the other men, who Were working two or three miles away, to tell them of what had happened. I afterwards rode to ' Waveriey, and gave information to the police. Went back to the camp with a constable immediately afterwards, and saw the body lying. in the same position as when I left It. The constable took possession of the body. I was present at the inquest held on the Saturday following and gave evidence. There were.four, men on the survey ' party besides myself. I was in charge of the party. The camp was between' Aye and six miles from Wave-ley,. Williamson's house was the nearest, and that was about 14 miles away. Do not think there were any Europeans working within a mile of where we were. There was a Maori pah within two miles of the camp.-; We had been working close to the pah. but there were no Maoris there when I was near it. ■ I saw two or three Maoris at a' trig station near on the, day. McLean was killed. They wore sitting down at the trig station looking at us. Prisoner was not one of those Natives. Saw an old Maori about a mile further on the same day, but saw no others. None of the Maoris had -rearms that I saw. Maoris very often visited our camp. Have seen prisoner at the camp several times. There was a doablebarrelled gun and a rifle in tho camp. After I f onnd the body I went to the tent and examined tho guns, and both were in their places clean. I noticed some blankets and sheet or a counterpane lying outside the tent belonging to Barclay. I had heard of a quarrel between- some of the men in my camp and the Natives. The only quarrel that I know of among-jthe men in camp.was between two, M'Lean and his brother at Waverly. The Maoris had not iri any way impeded my survey. We sometimes shot wild pigs for food. Hiroki never complained to mc about shooting the pigs« . By a Justice—John M'Lean was alone in the camp during the day. The other men were working^at some distance from the camp. Hiroki—Did ever you know any Natives to stop you at your work ? Witness —No. Hiroki—Have yon any idea who killed M'Lean; was it a Maori or a European. Witness—l do not know.. Adam Barclay, deposed—ln September, 1878, I was engaged as ohainman to the last witnose on the Mdmafiaka block. The party consisted of Birch, J. M'Lean, M. M'Lean, Fraser and myßelf. John M'Lean was cook to our party in .September. The camp consisted Of tents and a cook's whore. It was on tho banks of the Momahaka creek. There was a Native track that led through the clearing where the camp was. On Thursday, 19th September I left camp with Murdoch M'Lean ia go to work on the block, and we went two or three miles inland. We worked there all day and returned to the camp at 4.30 p.m., and arrived at about 6 p.m. Saw the body of John McLean lying nnder a fly of the tent. Just, after I arrived. Constables Burrows and Fraser arrived. I found that the things in my tent had been disturbed. Found two of my blankets lying outside the tent door. Half a ponnd of powder, some bullets (No. 17), and a sheet were also taken away. There were fourteen sticks of tobacco in the tent, and I found two sticks lying outside the tent. The sheet produced was taken out of my tent. I recognise it as having been made by myself. The bullets produced I believe are similar to what I lost. I know prisoner. Hal seen him at the camp five or six times at least. Have seen Hiroki wear a cap like the one produced. When Hiroki came to the camp he had always hod a gun with him, generally a donble-harrellea fowling piece. On one occasion I saw him with ■an - Enfield rifle. About nine or ten days before the murder I saw Hiroki at the camp. I had a dog at the camp which used to catch wild pigs. This dog left mc one day, and went and joined some Maoris who were hunting pigs. From informatioii I received, I accused Hiroki of killing my dog. He said he had not killed it, and would-ring the dog | back if he could find it. I told him I would summons him if he did not. Tbis was the last time I saw Hiroki, and I am not aware of any quarrel ibefcwreen Hiroki and John McLean. I had a rifle in the camp, but it—ad been used during my absence. Mr Birch hod a fowling piece. ; Hiroki (to witness)—Do yon know whether it was a Native or a European who shot McLean. ; Witness—No. Hiroki—Were tbe Natives ever qua-relling with the men at camp ? 5 Witness-T.No, . John Barrow, the Waveriey constable, deposed— On the 19th September; 1878, in consequence of information received, I went to Fraser'a survey camp at Momahaka creek. I went in company with •Fraser, and we arrived at the camp at 6.45 p.m. I saw tbe body of John McLean. I examined the tbo-yand found a wound, on the left side. Tumid the hody over and observed blood in the right ear, and a swelling jnst above the ear. We moved the body into a tent, and on the following day X was ■ moved to Waveriey. Frior to moving the body we searched for strange foot prints, but could not find any. The ground was very hard. I took obargo of the bullet which was produced at tho inquest. The bullet produced is the same. I have seen Hiroki wear a cap exactly similar to the one now produced. , Hiroki (to witoess)r-Do you really know that cap to be __ne ? • Winese—No; I cannot say His yours. Ton ware wearing one of the same material. Hiroki—Do yon know if those things (poiatmgto articles lying on the-floor of the Court) belong to mc ?

Witness— Vo. '• Hiroki—l deny.that those things ever belonged tome. Witoeaß,re-ex»r-nied—Sixdays afterwardsl went with a party inland to search for the murderer. We vz_nt through tne hush, starting from Waiternnni. On Thursday_we discovered footprints of a naked foot and a dogr. Following' oa these tracks there was a bulls*, which we picked np. ; Francis Williamson deposed—l am a settler, and reside at Waitaiara. In 1828 X knew fraser's but. vey camp on the Momabaka creek. It was abont two and a half miles from my house. X hod known prisoner for some time prior to 1878. He used to Bo work for ass. He resided at a pah abont a mile and three quarters from Fz-eer's survey camp, About a week or ten days beforo the 19th September, 1878,1 h»d a conversation with the prisoner at Papatokn. He complained tomo of the surveyors kflliog his pigs, and named M. McLean and John McLean. Ha said John McLean was a bad mac, for he had killed his nigs, which bore hia mark upon then- He said McLean told him he bad .oog-t pigs fronrma- Hiroki aakedme if I had sold the pigs tio McLean, and I said " No. I had sold him beef and mntton, but no pigs." I toHL-HrotJ if McLean __A been steaßJW bis nigs he had better irnmmons hlin_ He eaid it would be __> -sesnm-tuo-ing, because they would all deny it and he would get nothing. Hiroki said he would do some" bad wort in retaliation. In coaseqaenoe of what he said, I cautioned the surveyors, for I understood that Hiroki would Jcffl the __fcebas. Hiroki generally had a {ran with him, except when ha waa workL-g-. Thare were wild pigs about at this time, but they wars nearlj thitmed out, aa the Maoris were treo,cently out fit—tins themselves. " . i HiroW witness)—_ never told so* __*ti» jigs the snjveytn?-ifled weaemine. George Blake, a half-caste, deposed—l was asked about three roars ago to search cor the xanrdarer of'

McLean. A Maori . "7 gave rae tho first clno. iW^? m ' °'.^wteTn aTII from lnm, I searched t&S.u*?? lion1 ion *«*& prints. Two of his oart*«: hw wllar o for W an_lUadßo m ee_p e P riet y oe T _f v e Jf. r 7 food tr-cg* fonttd footprints of aiS'f P Noting. 'raP* yards from the whareTe *}»* »S a ridge, and after f ollowir „*£ . 3 ,° first Z tell Wuether ho «mfd_s mam country, as there ari h ka °>-Ng-U. We followed tho we camped until the following dl k »: ana tl >s sumod the 'rack. On tho swond _£ J 1 " 30 " 6 S camping place where a fire lmObim A to &. second .day after crossing a streS, v> SS r ,„, PIC £ edni> a - balle^i^ftrtho n L 0f «» dnced. It was given to Pn-_t»i.i n ° one Pro. continued ou tIS "tfc We pushed on inland from Patea river, to ascertain whether"tho ♦£.*?<*«* continued to the Parihaka oiSl tract stffl We found the traok^d"t_^_S_ r £_f e l wont to a Native settlomeut ont-a rtJ* ¥« got.no information. We weut back r?S p ' b °t i again, and afterwards resumed H i w «» information received we wenl to a trSki.S?* towards Panhaka. We oatuo Vo « -7~£ !<adsll S sent three of the party along the h^*'^ d t c earing on the inlaid sfde. and o» onttg ° «» side. I also concealed myself n__« Vo T _f""S* were armed with Snider carbines. Attlt t?° posted the men, we waited hall anbrm. i™* •heard three shots fired on tno inland _$T«» P 1 I I had placed the threo men. Just beifcr« tv the shots, tho man I had placed on tS « feaßi side went on the inland side to to a it" 4 men. I waited a minuto or so, and went » "«- the men. I caw a yellowish coloured cattln-i* ra^s the olearing. The dog seemed to bo confnJ?* 8 ia was running back. I wont inland to postod the three men, and when I «_ J*** I found tho men on tho odga -5. *"•*« clearing. Striking seaward, wo searcW.l™ ! and I foand a Maori mat. The *lfe is the same. It had a bullet hole lnU S^ 4 was a blue thread drawn into the hole aa iHsT* 5 * blue shawl. Aocording to the way a Maori »5,u wear a mat, the shot wonld strike about ttoS , the person wearing l it. A cap was also ivc&f by ene of the party a few yards from the nit to 3 examined tho tracks which led to Parihite . ? they were the same we had tracked on ti« ivSli 3 day. We did not follow tho tracks up ™,W I that day. and the party broke up' Soim a* afterwards the party started again, nccoirmX? by Williams and others. Wo insd. foTttK were the mat was found. We mado a b__~i,7 0 J in tho bush close to whore the mat was tf_£j*S_ we found several bullets, tho shoot productI'«.« of a Testament, a cheo_ne-book, and senwl II4S of tobacco (all similar to thoso produced ) Ti 5! lieve Williams took charge of thoso tainra iv* not know Hiroki at the time. Saw J__ »-!_; months afterwards at Parihaka. ««al

Hiroki—What is the reason you went to folia* ma-? u*isw

Witness—Because I heard you had Him McLean. iuaßl Hiroki—Did you see mc kill McLean ? Witness —No. _ Hiroki—Do yon know that those articles mcAsc*} belonged to mc f- ' **•

Witness—l can't say. Tapa Tewoiri, a native ehiof, living at W—tofcaa at the Papatukn pah, deposed—ltaowthaprisoM? whose name is Wireiuu Hiroki. I navo kaoTO _S for many years. He lived at tho same pah -with n» thrne years ago. In September, 1878,1 left tha nA to go to Wellington to attond Parlisment. lias I left Hiroki was of my Manga. Hiroki M_ double-barrelled gun. I enmo back from WelSSf. ton in November, and I found Hiroki had left u§t had taken his gnn with him. I hoard whfls ia Wellnigtsnthat MoLean had been kitted, i_» Hiroki at Parihaka in January folloTfing. leaota to Hiroki about McLean being killed. I a_Vfo Hiroki—" You have brought disgrace on tha trite • you have killed the white man, and laft trouble behind you amongst the people." HiroH. aid _<£ reply. I asked Hiroki whether he shot McLean. but he did not answer. I never saw Hiroki wsk» hat like tho one produoed. Ido not idontih any of the articles in Coart as belonging to fiitokt Hiroki had pigs running at large, bat ho Barer complained of losing any. Never saw Hirakl tresr a mat like the one prod-cad. Hiroki (to witness)— Who told yen I-HBe. MoLean ?

Witness—Williams. Hiroki—Do you boliave that statement to In true?

Witness—Everyone telioved it to be trno. The Court then adjourned till to-morrow. Thera are three more Native witneß.es to be cx—tined, and then it is said tho case will be farther a&. journed till Monday.