Not Guilty Of Murder

Northern Advocate, 25 May 1949, Page 2

Not Guilty Of Murder

NEW PLYMOUTH, Wed. (P.A.) —A farm labourer, Moses Matthews, was acquitted of murder by a jury in the Supreme Court at New Plymouth last night, before Mr Justice Stanton. Accused was charged with killing his brother-in-law, Hurihanganui (Alex) Taueki, 42, in the Puniho Pa on April 27. During the hearing the Crown suggested that the evidence would support manslaughter rather than murder.

No evidence was called for Matthews.

The main point of the defence was that Matthews acted in self-defence after extreme provocation from Taueki, who, it was submitted, started the fight. The jury took 79 minutes to reach its verdicl.

Mr R. L. Horn, for acctised, submitted' that Taueki was responsible for the initial violence, that he struck several blows and that he made a threat—“l’ll kill you”—before Matthews started to fight MEDICAL TESTIMONY

It was at this stage, according to the evidence of one witness and Matthews’ statement, that Taueki caught Matthews in a very painful hold. “It was then, and then only, that Matthews began to hit and hit very hard indeed,” said Mr Horn. Matthews had need to prevent., a repetition of the hold. The medical, testimony was that death*-was caused by broncho-pneu-monia, which could have been brought on by Taueki’s unconsciousness, said Mr Horn. The medical evidence had not been able to rule out entirely the possibility of infection from teeth cavities following extraction on the day of the fight.*

Moreover, the quantity of liquor Taueki had taken might have lowered, his resistance.