DEFENCE OPENS.

Northern Advocate, 4 June 1920, Page 3

DEFENCE OPENS.

COUNSEL'S ADDRESS

Mr BlomJield then intimated his intent ion <>l /linking his address at this stage brief, but would place facts before them at greater length later on. I The body was found half a-mile away from the hotel and the doctor said it was impossible for a man sustaining the injuries described to cover that distance. There was no evidence whatever to show that the deceased's body was removed from the hotel yard afterdeath. It was only surmise. He hoped to satisfy the jury that accused had not killed Hui and ho would call evidence of witnesses who saw deceased come out of the yard after the occurironee ami walk along the road. One of them actually accosted ihern. Further he contended that the injuries were not consistent with those which could be inflicted by a person passing by on horse back. All evidence so far called had been most contradictory. i WHAT A FARMER RECALLED. I

A farmer and labourer at Awanui named Andrew Anderson, slated that he had been in the North for tho last 34 years. On February 7he had tea at the Awanui Hotel. After his meal he went into the smoking room with several others. He was called out to speak to his boy. Fleming came out and joined in the conversation, and later the other occupants of the smoke room also came out and they all sat on the long form. While there he saw a man go past with his head down and trotting as if ho were a drunken man. He called out and asked, "Whore the devil are you going." He took the man to be deceased and thought he was drunk. The man went in the direction of the store. Shortly afterwards Mrs Fleming came out and called her husband and said there had been a row. Before going into the house he saw more than one horseman pass, but could not say who they were. He could not swear that deceased was the man who went staggering by, but he honestly believed that it was him. When lie entered the yard he saw Smith and the postmaster talking to Fleming. He saw no one else and knew nothing about the row. He was amongst the first four or five to find the body of deceased. There was a short cut from the hotel to the boardinghouse available in summer time.

"WHAT'S IN A NAME."

To the Crown Prosecutor witness said his real name was not Andrew Anderson—he was a Dalmatian. So far as he knew he was not being called as a witness for Fleming in a court case for breaches of the licensing law. He talked to Mr and Mrs Fleming almost every day. It was Mr Logan, solicitor, who first asked him about the case. He could not sw r car that it was deceased who passed the hotel walking.

To Mr Blomfield: He had gone by the name of Anderson for 30 to 37 years. He had picked it when he first came to the Wairoa because his own name was hard for the local people to pronounce, besides his father's name was

Andrew

A son of the previous witness, Joseph Anderson, said he was farming at Awanui. He had seen service at the war. On the way to Awanui in the afternoon of Feb 7th he caught up to deceased on his way to the hotel They went along together. H e sent in a message for his father who came out and spoke to him. Fleming and Signor were also present. It was just approaching dusk at the time. After going round the back of the hous e Hui returned to him at the front. Lou King and George Selwyn had a bit of an.argument in the front of the hotel, but accused was not present at the time. A fight did not eventuate. The quarrel occurred after speaking to his father. He went to the place arranged for the fight but as it did not come off he went back 'to the hotel and talked to Fleming. After th e Maoris had gone Fleming, Signor, his father and himself remained on the verandah. H e saw a person come from the stable yard. He formed 'the opinion that it was deceased as he was about the the same size and build and had no hat on. Hui had no hat when he walked with witness to the hotel. The brother of witness was also present when the man passed. Fleming was the last man he spoke to before going home. He was present at'the finding of 'the body in the drain. There was no hat on the head and the trousers had been tucked up a couple

of turns,

To Mr Tole.—He had long ago talked the matter over with his father. He did not volunteer evidence at the inquest. He would swear that he saw deceased on February 7th. He heard nothing about a row at the hotel. Next day he heard that there had been a row at Awanui over the telephone, but had no details. He had never spoken to Fleming about the case, but had talked to his father. He did not see the natives from Kaingaroa ride away. Th c man h e took to be deceased came out of the gate, about 6.50 p.m., but he could not say which way he went. About G. 20 to 6.30 he saw natives leading their horses into the yard.

To Mr Blomfield.—lf deceased had gone through the fence he would not have been seen by witness going away.