TOKA COMMITTED ON MURDER CHARGE

Northern Advocate, 23 March 1937, Page 6

TOKA COMMITTED ON MURDER CHARGE

Consul Says Plea Will Be One Of Insanity LPer Press Association. Copyright AUCKLAND, This Day. When John Toka was committed for trial by Mr Wyvern Wilson, S.M., in the Police Court today on a charge of murdering his father and attempting to murder his sister at Patmuahoe on February 21, a statement was made by his counsel for the defence, Mr Schramm, to the magistrate, that the plea in the Supreme Court would be one of insanity. Doctor’s Evidence. Technical evidence was given by several witnesses before Dr. H. T. Begg stated that when Toko was brought into the whare and confronted with the injured woman, she pointed to him and said, “That is the man; he shot my father.” Toka replied, “I shot him; I have been in hospital.” The accused’s demeanour was quite calm and he spoke only in answer to questions, said witness. Ete Toko, who appeared wnth a bandaged head, stated that she had been married, but had returned to her father’s house about a year ago. At the time of the shooting, accused, her brother, was living in the same house as herself with their parents and a number of others. Her brother had been living there since he came back from the mental hospital, 12 months before. He, had been in the mental hospital for nine months. Johnny was her father’s pet.

“Did they quarrel?” asked Mr. Meredith. “My father used to growl at him to do some work, but he would not do it,” replied the witness. Heard Loud Report. Describing the day of the, shooting, witness said that her father and the accused intended to go to the Pukekohe show. She objected because her brother was so lazy and depended on her father’s pension to pay the expenses. The result of her objection was that they did ( not go to the show. Because of this, accused said he would not go to the hospital, saying that even policemen would not take him. After tea, when the rest of the family were sitting on a seat around the fire, her brother went outside. About half an hour later she heard a loud report. Her father fell to the floor, calling out in Maori, “I am shot!” She went to his side and found that he was shot. Her brother then came inside and punched her. At the same time he called, in English, “See that? ' I kill you now!” When she tried to get up he blessed her down again. Then she saw the kettle coming down on her head. Twice, witness added, she remembered accused hitting her with the kettle. She closed her eyes and restricted her breathing to pretend she was dead. After that she heard her father being struck twice with the kettle. Frequently Had Quarrels. Polly Toko, said she was in bed when she heard a gunshot. She went into the kitchen and a few minutes later accused also came into the kitchen. He commenced to strike Mrs Ete Toko over the head, and it was then that witness left the room. Accused and her father frequently had quarrels. The day before the murder, ■accused was involved in an argument with his father and sister Mrs Ete Toko. Thomas Simon said accused came to him and said he had killed his father. “Ete is dead,” accused said. “I killed her with my own hands.” Shortly afterwards, accused said; “I have killed my father. He was a bad fellow to me.” Accused told witness he had killed Ete because she quarrelled with him. Said He Ha'd Shot His Father. Frank Jakeman said he saw accused on the night'of February 21. In conversation. accused had told him he had shot his father and he added that he had killed his sister with his own hands.

David Jakeman said accused came to David Rangi’s house saying he wanted assistance to dispose of the body of his father. He said he thought he had killed his sister, for she looked deadDavid Rangi said that when accused arrived at his house he refused to tell him any thing until they went outside. Witness then went back towards Toko’s with accused. They were accompanied by another witness, Dan Sullivan. On the way, Sullivan complained of the cold and went back to get a coat. Shortly after Sullivan left them, a police car came along the road The hearing was adjourned until this morning. Tried to Borrow Gun. The first witnesses today were four farmers living in the vicinity of the Toko whare, who testified that the accused had tried to borrow guns from them about five days before the tragedy, stating he wished to kill a pig. Harold Samuel Carter said that on the Tuesday before the shooting of Toko Whakaia, he lent accused a single-barrel shotgun to kill a boar, and also gave him a cartridge. George Henry McAlpine, a neighbour, said the Tokos often quarrelled. Police-Sergeant Cowan, of Pukekohe, said that when accused returned to the whare after the tragedy he appeared quite calm. When searched, a 12-gauge cartridge was found in his pocket.