FIGHT FOR JERSEY

Dominion, Volume 30, Issue 17, 15 October 1936, Page 8

FIGHT FOR JERSEY

Fatal Invitation of Maori Footballer

“WE’LL HAVE IT OUT”

Magistrate’s Refusal To Usurp Jury’s Function

Dominion Special Service Palmerston North, October 14.

An account of how Hawea Mataira, aged 25, of Nuhaka, Hawke’s Bay, and Bernard Edward Rogers, aged 24, of Poverty Bay, members of the 1935 Maori Rugby team to Australia and that which played the Australian team at Palmerston North last month, quarrelled over possession of a football jersey, a fight ensuing in which Rogers fell to receive injuries resulting in his death, was given at the Magistrate’s Court to-day, when Mataira was committed for trial on a charge of manslaughter. It was stated that Rogers was in a quarrelsome mood, on the night of the match against the Australians, having had liquor, and that he insisted on fighting Mataira, who wished to avoid such action. Mataira also visited Australia with the 1934 All Blacks. Mr. J. L. Stout. S.M., refused to dismiss the charge on the application of Mr. A. M. Ongley, counsel for Mataira. Though it was a borderline case it was hardly one he should dismiss in the lower court, he said. The inquest proceedings were taken simultaneously before Mr. J. A. Graham, district coroner. Detective-Sergeant Bickerdike prosecuted. Never Regained Consciousness. Rogers was unconscious when admitted to the Palmerston North Public Hospital at 10 p.m., on September 23, and never regained consciousness, said Dr. J. H. North, medical superintendent. Rogers had a wound on the back of his head, a bruise on the left side of his head and a bruise on the right thigh. He was operated on next day. He died at 3.15 p.m. from hemorrhage with laceration of the brain and a fractured skull. The main injury could have been caused by a heavy blow to ot on the back of Rogers’s head. Detective-Sergeant Bickerdike: Could the injuries have been caused by Mataira’s fist?—No, they were more severe than that.

Had he been in a semi-drunken condition would he have fallen more heavily?—Yes. The thigh and left side of head bruises could have been caused during the football match Rogers played in during the afternoon, said Dr. North to Mr. Ongley. Fitzgerald Koroki Bell, freezing works employee, Palmerston North, described the events leading up to the altercation between Rogers and Mataira. He said Mataira gave him the jersey he wore in the Australia-Maori match that afternoon at his (Mataira’s) room at the Cafe de Paris Hotel. Rogers came in and accused him of having his jersey and kept on nagging at him; he wanted to fight him (Bell) about it. Mataira returned to the room and he told him Rogers wanted to take the jersey off him.

Mataira told Rogers that he (Bell) was a sick man and he should not pick on him, Rogers did not appear to want to drop the argument, and Mataira and he (Rogers) went out into the passage. “Six or Seven Medium Beers.” Bell proceeded that be had had six or seven medium beers and Mataira about the same. Rogers too had had liquor, but Mataira was in h better condition. The liquor seemed to.have made Rogers obstinate and quarrelsome. A few minutes after the men left the room he heard a noise downstairs. He found Rogers lying unconscious in the backyard and Mataira standing close by. There were others there.

Cross-examined, Bell said Rogers was quarrelsome. The jersey Mataira gave him (Bell) was number 12, the one Mataira wore in the,, match and that which he helped him to remove at the hotel after the match. Mataira was friendly toward Rogers in the room, and did not want to fight him. Mataira tried to stop Rogers from fighting him (Bell), but Rogers remained argumentative, Charles McLean Winiata, labourer, Foxton, said he heard Rogers and Mataira arguing regarding the jersey about 9 p.m. Mataira said to Ragers: “You should never touch a sick man. I gave him that jersey as a souvenir. He is a good friend.” Rogers then said to Mataira, “Come outside.” Mataira’s reply was, “No, I didn’t come here to fight. You know very well the jersey is mine.” To this Rogers said, “I’ll have you on.” Mataira was more or less sober, but Roger's was pretty drunk and unsteady on his feet. The two men left th© room—Mataira in an evening suit, but, with his eoat off, and Rogers in ordinary suit and overcoat. He accompanied the men from the room. On a balcony before-getting downstairs Rogers said to Mataira “We’ll have it here,” but Mataira refused, saying one of them might fall and get hurt. "When they got downstairs Rogers said to Mataira, “Are you r%ady?” and struck at him before he (Rogers) took his coat off. Detective-Sergeant Bickerdike: Mataira and you were sober and it is stated Rogers was drunk. Could you not have gone away from him?—“Yes. but I think he would have followed us.” “I Don’t Want to Fight.” Mataira ducked and Rogers’s blow missed, continued Winiata. Mataira struck back, hitting Rogers on the face, and he fell in a doorway. He did not rise for 30 seconds, and be (Winiata) helped him up, Then Mataira said “I don’t want to fight you, Rogers,” but Rogers replied, “Wait until I get my coat off.” Mataira then said, “I can beat you; we won’t fight,” and Rogers answered “We’ll have it out." They commenced to spar in tbe middle of the yard and Rogers fell from a. blow. He had already struck Mataira. Rogers did not rise from tlie ground and he’ was carried inside. The jersey given Bel] was the one Mataira wore in the match. Mr. Graham: Why did you not leave Rogers when you found him quarrelsome? —"He kept following us about; he was looking for argument.” You were sort of forced into the position?—“Yes.”

To Mr. Ongley, Winiata said Rogers was quarrelsome when in liquor. His attitude that night was that he wanted to fight someone.

Rogers was defending himself when the final blow was struck, replied Winiata to Mr. Graham.

In a statement made by Mataira and produced by Detective Orme Power. Mataira said Rogers aiwl he quarrelled over the jersey and agreed to have a fight over it. He told Rogers to come

outside, where they could get away from where they would be seen. He asked Rogers if a landing in the hotel would do, but he refused and he told him to lead the way downstairs. Rogers at first refused to take the lead, saying he (Mataira). might hit him from behind. He assured him he would not, and Rogers led the way to the yard. There they sparred and he knocked Rogers down. He then told Rogers that was enough, but Rogers insisted on finishing. He struck Rogers again, and he fell and did not rise.

Dismissal Application

Mr. Ongley submitted that there was no case to send for trial. Mataira s homicide was not culpable, and came within the definition of self-defence within the scope of the Crimes Act. Mataira was never a willing participant, and was followed about until he finally consented to fight. When he did fight ami*found he was the better man, het tried to stop it. but Rogers was determined to fight on. It was a difficult ease, but. he did not know that what happened came actually within the provision which would have rendered the homicide not culpable, said Mr. Stout. It might be that a jury would not convict, but it was ijot altogether a question for him to decide whether a prima facie case, had been made out. It seemed certain it had been. He would leave the matter to the grand jury, or, if it returned a true bill, to the common jury. “I do not think it is right for magistrates or justices sitting in this court to usurp the powers of the grand jury.’’ said Mr. Stout. “I know it is a painful case, and that Mataira never meant the argument to end as it did, but, on his own statement, he agreed to fight and he must take the responsibility for it. Though it is a borderline case, it is hardly one I should dismiss here.” Bail was allowed Mataira in his own recognisance of £lOO. Mr. Stout, said it was not unusual in manslaughter cates to allow an accused bail on his own recognisance, but he thought this was a case where it should be.

The coroner’s verdict was that Rogers died from injuries received in a fall on to a concrete yard following a blow delivered by Mataira during a fight.