CHARGE OF MURDER.

Dominion, Volume 4, Issue 1141, 31 May 1911, Page 7

CHARGE OF MURDER.

YOUNQ MAORI KILLS AN OLD GUMDIGOER. A VERDICT OF GUILTY. RECOMMENDED TO MERCY. DEATH SENTENCE PASSED. (By Tclcuraph-PrcEs Association.) Auckland, Mny 30. The hearing of the charge of jnurdei preferred against tho Maori youth Tahi Knka in connection with tho death of the aged gumdiggcr John Freeman at Puhipuhi on April 5 last was continued at tho Auckland Supremo Court to-day bofore his Honour Mr. Justice Edwards and a jury of twelve. After (he evidence for tho prosecution, tho prisoner (old his story. Ho said ho was 1C or 17 years of age; he was not sure. He described how he followed and overlook Freeman on the morning, both walking together over the country, and after digging gum for n little while they took a further stroll up a spur in pursuit of gum. doing along he noticed something .!fu! g out of I; ' rMUl a' l 's hip pocket. \Mnit have you got in your jiockct. Jack? ho asked. Freeman replied that' i( ( Was nionoy. "1 didn't believe him," said prisoner,' ' and thought he was only joking." ' J. hey continued to walk on, and prisoner asked how much he made a month. .Not much," was (ho reply. Tho subject was pursued while htill ascending the spur, J n reply to' another question, l'reeman said ho had £20. "Give Me the Money." "1 still thought he was joking," remarked prisoner, "and I said, give me the money or I'll kill you." l'reeman had the spear in his left hand 1 resting over his shoulder, and the spnda in his right hand lying at his side. tome on, kill me," said Freeman, and' simultaneously he turned round, dropped I the spnde, and taking the spear in both, hands made a lunge at the prisoner, and then threw the instrument at him. Ho followed this up by recovering possession of the spade, and throwing that also at him, striking him on tho right shoulder. Immediately after Freeman made to, clutch prisoner by the shoulders with/ both hauds. Thinking he was about to bo struck, tliG Maori ducked his head and shoulders suddenly, and Freeman fell on top ofq him, both going to the ground. Three Blows. "Freeman was singing out loudly," eaid the witness, "and I was afraid. I did not speak, but got up. Freeman was trying to get his axo out of his bag, and I hit him three blows over the head with the stick, like that (indicating three quick, successive blows downwards). I ran away, but he did not come after . me. I then went back and saw his head' bleeding. I was very sorry for him, and 1 cried for him because 1 thought ho was dead. Ho was not quite dead, but was moving a little. 1 thought I had killed a man, and would be hung for jt." Mr. Hackctt (who appeared for prisoner) : Why didn't you go away to get a doctor and tell the police? Prisoner: I thought they wouldn't be-: liovo me, >

Mr. Hackctt: What did you do? Prisoner: I thought I had better get out of the country, and, remembering ho said he. had money, 1 put my hand in his hip pocket. Ho had some money right enough. 1 took it out and thought it would do for me to go with. In further evidence, tho prisoner said when he left Puhipuhi he got mixed up with his friends, and did not know what to do: When he left tho whare to follow , u,p Freeman to watch him dig bum.) "prisoner did not know the old man fluid' money in his pocket. Ho told two Maori friends of tho affair at Hikurangi, but usod tbe word "aitua" (by \ accident) when arrested by Constable Cahill. "I told him sonic lies right enough, because I was afraid," explained prisoner. Questions by His Honour. His Honour drew attention lo the in-, consistencies in tho prisoner's story with, thn statements he previously mado to, 'several witnesses, and especially concerning tho confession to Sergeant Moore. Accused's answer was to the effect that, the others were not tolling tho truth. His Honour then said: Eru Nolma, who is a chief and friendly towards you, has sworn that you confessed' to him hiving committed tile murder. Can you suggest, why he should say that if it wcro not , true? The prisoner, showing the first sign of! animation throughout the case, vigorously' struck the top of the witness-box, and. emphatically declared: "It is not true. I said 'Aitua.'" Ho added that Eru said the police thought it would bo better for him to admit tho crime or ho would ha hung. "If they hang me for that," he replied.to Eru, "tho Lord will protect me." This closed the evidence for the de-' fence. Found Guilty. , The jury, after an hour's deliberation, , fouud the prisoner guilty, and he was sentenced to death with a recomuienda- J. (ion (o mercy on account of his youth. ■ A Portuguese, Manuel Gonsalcs, who occupied the same whare as the old gumdigger,' in his evidence on Monday, mentioned that Freeman always carried his money, about £10, in his pocket; He was eccentric and excitable, and his anger was easily nroused. When ho failed to get gum ho lost his temper and spoko to himself. Ho was of a suspicious nature, and ■ kept a loaded gun in the whare. Alfred John Hammond, gum-digger, who was of opinion that Freeman was a harmless old man, questioned by Mr. Hackett, admitted Freeman was more than eccentric, nnd at times was quite insane.. Ho often buried his head in his hands and babbled, and on tho Riim-field spoko so loudly to himself sometimes that witness had heard him between 300 and JOO vards' off. ■ *