MOTU RIVER MURDER

Evening Star, Issue 17924, 21 March 1922, Page 3

MOTU RIVER MURDER

A VERDICT OF "NOT GUILTY."

At the trial of Rut'cne Topi at Gisborno yesterday no evidence was called for the defence. The Crown Prosecutor contended that it was a very carefully planned murder, and commented strongly on the statement of accused's brother that arrangements had been made between accused and his father as to what could be said in regard to the time accused left home on the day of the murder, and the concern accused had shown about tho murder. He suggested that accused would remove as far as possible all traces of crime. _ He stressed accused's statement when siving a ponnv to Koopu Eruiti "on account of murdering this man." Accused had failed to account for his movements at the time the Crown eaid the murder had been perpetrated. For tho defence Mr Burnard said there was no evidence that accused had been seen in the actual vicinity of the murder —no fingerprints, and no bloodstains on his clothing. Tho evidence of the Native witnesses for tho Crown was unreliable. There was also grave doubt »s to tho tirno and date of the crime. If the casefor the Crown was correct the shot would have been heard at the time in question, ■•< at least two people were not far dis'■'iit. Tf accused told other Natives to rVan the guns, why did he not act on tho advice himself? The incident of the penny was merely to get accused delivered from his trouble. The police had brought no evidence of the wads used in the cartridge. None of the proceeds of the robbery had been found on accused.

Mr Justice Reed, in summing up, held that tho murder must have taken place about the time suggested by tho Crown. If. accused committed it he must have changed his clothes after leaving home. Tho murder could possibly have been committed hy a stranger, but the police had made exhaustive inquiries. Accused was tho only person regarded by the Crown as having failed to'account properly for his movements. There was no doubt it was accused who gave tho message to the Natives to clean tho nuns. Although accused left the house without a gun, it could be inferred that he handed ono to his brother later in the afternoon. If the Crown were richt that it was a well-thought-out crime bv accused, it was unlikely that he would bo found with any of the stolen property. The jury must return a verdict in the light of reason. After an absence of close on two hours a verdict, of "Not guilty" was returned.