MAORI BOY CHARGED WITH MURDER

Dominion, Volume 37, Issue 65, 11 December 1943, Page 8

MAORI BOY CHARGED WITH MURDER

North Auckland Tragedy

EVIDENCE AT LOWER COURT HEARING (By Telegraph. —Press Association.) AVHANGAREI, December 10. Alleged to have struck .Tamesi M era Muriwai with an axe, Robert Kapturi Ogle, aged 16, a half-caste Maori, was charged, in the Magistrate* Court, Katkohe, today, with murdering Muriwai at Utakura, on October 14. hourtcen witnesses were called by the Crown. Mr. Ferner. S.M., committed accused for trial in the Supreme Court. Auckland. Mr V R Meredith, Auckland conducted the case for the Crown, and Mr. H. F. Guy represented Ogle. An inquest was held in conjunction with the Court proceedings, the coroner, Mr. A. J. Martin, sitting on the bench with the magistrate. Janies Edward White, farmer, said that on October 13, when driving toward Iloreke, before reaching Ogles house he saw a boy who signalled him to stop. Hie bov was holding his jaw and was staggering in his gait. He told witness he had been hit on the jaw with a plough. He was taken in the car and alighted at a bridge less than a mile past Ogle s house. He gave his name as Robert Ogle. His manner appeared normal. Terara Tane Ogle, wife of Joseph Frederick Ogle, said accused, who was her son, had suffered from fits since birth. Ihe attacks became more severe after reaching the age of 13. He had received medical treatment from doctors and nurses and had been taking drugs. Joseph Muriwai wns working for her on the farm, living in the house and sleeping in a double' bed with accused. On October 13 Ogle was helping Muriwai with ploughing. Her small son. Wallace, told her there was a row going on where the ploughing was being done. She was tola bv Ogle that Muriwai had kicked him, Muriwai replying that Ogle had thrown mud at him. She saw blood on Ogle a lip, but Ogle did not complain of being assaulted. Later the two resumed Pl Joseph ‘Ogle, father of accused, said his son came to the farm where witness was working and said Muriwai had had a fit and did not know anybody. He thought Muriwai must have hit his head on a window sill. Accused had been subject to epileptic fits since birth. After a fit he lay around and slept from a few minutes to half an hour. He did not think his son knew when he had had a fit. Witness had been compelled to keep the boy from school, though he was never violent. . Dr Frengley, superintendent of tnc Bay of Islands Hospital, described Muriwai’s injuries when he arrived at the hospital. An operation relieved him, but the case was hopeless from the outset. An axe produced could have caused the fracture of the skull, which was shattered like an eggshell on one sioe. Muriwai’s father said that when called to Ogle’s house he found a bloodstained axe under the mattress of the Detective-Sergeant Finlay said that, accompanied by Constable Fraim he went to Ogle’s house at Utukura. Accused was lying on a couch in the kitchen. In the bedroom bloodstains were on the wall, all above the level of the bed. It was apparent that the injured man had been struck while lying in bed. Asked if he recollected having done anything to Muriwai, accused replied: ”1 don t know anything about it. You see, I take epileptic fits and when a fellow is an epileptic he is liable to do anything.” His mother appealed to him to tell.the truth and if he had done “this” to Muriwai to tell the police. Ogle replied: "I’ll take the blame.” On the way to the Kaikohe police station Ogle said Muriwai was his best friend. They had had a bit of a row the day before when ploughing, and Muriwai, had kicked and hit him, draw-, ing blood. They were good friends afterward. Before leaving the house Ogle took pills and medicine, saying they were for his rheumatism and epilepsy. On arrival at Kaikohe a charge of attempted murder was lodged. “On the morning of October 16,” continued witness, “I brought accused before the Court at Kaikohe on a charge of murder, Muriwai having died the previous evening. When informed that Muriwai had died, accused said: ‘He’s dead, is he?’ I told him he was now to be charged with murder. He was silent for a few seconds and then said: ‘Oh, I’ll take it.’ ”