AWANUI TRAGEDY.

Northern Advocate, 4 June 1920, Page 3

AWANUI TRAGEDY.

DETAILED EVIDENCE

CONTRADICTORY" IN CHARACTER v

(Special to "Advocate.")

The finding of the jury in the Avva nui case was published yesterday. Ad ditional details of evidence given in the case, as reported by the "Advocate's" special representative, are published below, and would have appeared yesterday but for the disorganisation of postal arrangements due to King's Birthday holiday.

The heaving of the Awanui native tragedy case was continued in the Auckland Supreme Court on Wednesday morning. Mr Justice Chapman again presided and the Hon. J. A. Tole represented the Crown and Mr Blomfield the defence. The taking of evidence wns continued without comment.

LOAN OF A BICYCLE

Robert Subritzky, labourer, Awanui, stated that he saw the deceased about 7.30 p.m. on February 7 at Hutley's store. He did not appear drunk nor in bad health. He walked away towards his boardinghouse after lending witness his bicycle. At 6 o'clock, dosing time, he was at the Awanui Hotel and saw- Hui there, but did not see him

again alive. To Mr Blomfield: Deceased remained at the hotel with others till six o'clock, but he did not see him after six p.m.

SEARCH FOR BODY.

'f-A tall gaunt native gumdigger named Rapata Whiti said he lived at, Waireka. With Rutenc Ngapa he found deceased lying face downwards in the drain. They did not touch it, but sent for the constable, who was having his dinner at the hotel.

To Mr Bromfield: The body was lying face downwards in water, rushes and reeds, but he could not remember if the trousers wore turned.up.

AN AWANUI FARMER

A young European named Edwin Arnold Puckey said he knew deceased. He was at the Awanui Hotel on the afternoon of February 7. Hui was there and when witness left at 5.50 or 5.55 p.m. he appeared in good health. Deceased was talking in the yard to another native; but was not drunk. Accused and the two Kings were also there. Witness reached home about six and about 8.15 he heard natives going to Kaingaroa. One of them remark ed: "The trouble is over." No further conversation came to his ears. The body was found eight or ten chains from his place. The men were going at a fast canter.

To Mr Blomfield: Witness said he had known the paddock where deceased was found for many years. The drain in

which deceased was found was about

4ft wide and 3ft deep. Willows grew ** on both sides of the drain and there were short cuts across it. While at the hotel during the afternoon he "had a few shandies.''

LAST SEEN AT LODGINGS,

A dusky maiden named Bella Kaka, who was employed at the boardinghouse, said she saw deceased go towards the township about 5.30. That was the last she saw of him. Deceased did not sleep in his bed that night. At 5.30 o'clock next morning she returned to work and Hui was not there.

To Mr Blomfield: Witness said she was sure that she did not see deceased as late as 7 p.m.

SEEN AT HOTEL,

Another young Maori girl who gave her name as Mary Peter, said she was employed at the hotel. She went into the stable yard about 7.30 p.m. and saw deceased and other natives but did not observe accused. It was her intention to help Mabel Jackson catch her horse and they got a bridle from the stable. As they went out of the back gate they heard Russell say: 'What's happening here," or something like it. When she looked round she saw a man on the ground, not far from the front gate. Her next action was to tell Mrs Fleming. When she returned to the yard, or the verandah overlooking it, she only saw Bert Smith and the postmaster. When informed of the occurrence Mrs Fleming left to look for her husband. She did not go near deceased while he was lying on the

ground. To Mr Blomfield: She said the postmaster was coming into the hotel from the stable yard as she went out for the second time. When Russell called out, "What's happened here" all the Kaingaroa Maoris had ridden away. She did not see what Russell or Smith did. As the former was getting off his horse she went inside. She never saw de-

ceased again

WHAT THE PUBLICAN KNEW.

Tho licensee of tho Awanui Hotel, Thomas Jordan Fleming, was then call-

Ed ami said he know both deceased and aroused, who frequently came lo his I'lace Cor the week-cuds. Accused and other natives had tea at his place on February 7. When called by Mrs Fleming ho was talking with two poisons in front of ihe hotel. When he reached .he stable yard everyone had disappear-

d except Smith and the postmaster. Ho was not concerned as he took it as an ndinary Maori row. These men said you are too late; it's all over. He Jioreforo turned off the windmill and he lavatory and went in. He never

aw the girls and did not question lieni later. He thought that there was in It. Ho did not know anything about the death until the body vas brought in. He was not concernd. \l' ihe man had boon killed in ihe yard he would have been there

'.'.hen witness went out. He did not ihink ir worth while to question Smith. If the man had been there he would have-made inquiries, but he thought the affair was all oven He knew nothing about a four-days' search. Talk only commenced after the body had been found. Mrs Fleming told him of the fight, but he took no notice of the occurrence. On Tuesday he heard that a man was missing but he took no steps. He did not take the row in the backyard seriously; he thought that it was only an ordinary scuffle. He made no inquiries because the police had the matter in hand on Tuesday. The first he knew of the death was on Thursday.

NOTHING SERIOUS ANTICIPATED,

To Mr Blomfield: Witness said that when called by his wife he did not in any way anticipate a serious row. When called he was talking to Andrew Anderson, his son and some others. He went into the house thinking the disturbance was in the kitchen yard, but was directed by his wife to the stable yard. Before going into the house ho saw no one walking on the road. It was dusk at the time. The relieving posimaster (Mr McFarlane) was boarding at the hotel. To prevent wet and mud he had put down ti-tree fascines in the yard. This work had been down about six years and when some of it was pulled up it was found to be quite rotten. There were no other sticks in

the yard,

THE DOCTOR RECALLED.

At the request of the Crown Dr. Lunn was recalled and he stated a witness, Matthew Hura was suffering from Bright's disease and was quite unfit to travel.

Mr Tole put, in a statement by witness in which he said he saw accused in the pictures at Kaingaroa and heard that there had been a row between deceased and accused.

POLICE INVESTIGATIONS,

Constable D. D. Caldwer, said he was informed that Hui was missing on Tuesday evening and went to Awanui on Wednesday. Fleming gave him to understand that therß had been a row, but he took it to be an ordinary Maori squabble of which he knew nothing. On Wednesday night he saw Russell and learned that tho Kaingaroa natives w r ere concerned. On Thursday morning there were about 200 natives in Awanui. Hui was not then known to be dead. He went along the road to meet the Awanui natives and did so at the native constable's house and in consequence of what he had been told he thought it better for the Kaingaroa men to stay there as a row might have occurred in Awanui. He questioned the accused who made made a written statement in English in which he declared that, deceased was in the stable yard when he rode away home. There were sticks used for fascines in the yard— probably about \\ inches through. Tho statement was made at 9.30 a.m. Tho search was continued till mid-day when

he went to dinner. He was then informed that the body had been found in a ditch about 20 chains from the hotel. There was about 12 to 15 inches of water in the drain. The face was under water but the back of the head and heels of the boots were clear. For about 15ft below the body the weeds appeared to have been trampled down and ai clear passage made. He removed the body and upon search found two watches and a tin of tobacco, but no money. He w r as present at the post mortem and saw the clot of blood removed, Fleming was subsequently interviewed by Sub-Inspector Cassells. Half-an-hour after recovery of the body accused was arrested and placed in custody. No one else was charged with the murder. His attention wasddramw m to a mark on the far side of the drain from the hotel as jf something had slipped and from that spot it Looked as if some one had walked or been dragged along tho drain.

To Mr Blomfield: He noticed that deceased's trousers were slightly pulled up, but not his underpants. A portion of accused's statement, consisted of questions put by witness. No search was m,ade for footprints when the body

was found,

This concluded the case for the pro secution.