SUPREME COURT.—Criminal, Sittings.

New Zealand Herald, Volume V, Issue 1495, 9 September 1868, Page 4

SUPREME COURT.—Criminal, Sittings.

TU&-.D.JY, SSPTEAIBiCtt S. ("Before Ilia Houor Chief Justice Arney.) THE NATIVE MURDER AT UOKIANG-A. His Houor look Ilia seat on tho Bench at ton o'clock, and the namos of tho jury having been culled over, t,'ue c.so of To Wkl'o was proceeded with, and IViil# Paiaka, being Bworn, dopost'.d : I resid'J at Whirinnki, and know tho prisoner. I recollect the dey on which itfuku wu killed. Cn tint, morning I wont to the Kirawa pi with Mohi arid others. I saw the road lo iding past the river, and there van 110 obstruction, iit that timo. I should have seen it had there bOGn any. I did not bjo Ta Whalio on that morning, I was not told tliao the road was stopped. I did not carry any racssauo to tho tTgatikuri that tho roivl was stopped. At that time there were about 40 in tho xtarawa pa, a«d 10 in tho Ngatikuri oa. I revolleck tho Ngutikuri pa being built. Uofor.i it was built a ;noi3a;,'c hud been sent from tlia finmvn pa. Tho words of William sera " not to kill women or children." .Mitai, a l-.arawa. then said that " the olouds of Mcaven would duscend upon earth." That was nil Mitai said. After icceiving this uiessago the Ngatikuri built their pa. The Ratawa did not p:i?* hy tho Kgatikuri pa. They did not bring their provisions along thai road. ;'rOS3-examiiied by Mr. HacCormiek : I was living at Whirinaki when tho Harawa came, and saw them come. It was on tho '27th if arch they came. They built a pi. T. ."poke to tho Karawa on Friday and Saturday. I did not go to their pa on Sunday. When I went to tho px on the Monday morning, ?."ukui Mohi, and others were with me. After I got to tho p* I returned. I wont into the pa by myself. 1 Baw some of tiio Harawa thoro. but I did nut go into the house of To T-ii. Mohi went into the pa beforo mo. When I got, to tho pa with Mohi, 1 returned at once to Xahaitini'fl pa. When I went ti[ to the pa I. did not spea'i to the Kariwa ; I went back again. I did noi attempt t.O go up tho road to tho valley. I did go along that road on the morning, boforo I wont up to tha pa with Kuku and th-: others. When I went up the road I saw some of thv Harawa ; they did not speak to mo. 1 was not told that I could not go up that road. I do not know Hotere, but I know Ngakuku. I did not Hen hiir on that occasion. I did not spo" To Whako thore. Tho Harawa wore sitting down in their houses doing nothing whenT eaw thorn. Theirhouseo were not on tin side of tho road. X do not know what timo it was whei: T passed along tho roa'.!. It was early when I wonl with Mohi. '.rhu first timo I went along tho road was when I went with Mohi; wo all ent into tho pn, Mohi won'; into the house, I went to give fo-.d to tho Harawa; tho food was standing out-.ido the pa after I guvo the food I went outside tho pa, and thoi: to Tahaitini's pa; I had not been up tho road beforo this time ; when I wont up tho road tho pa wai finished. I did not Bper,k to To Whnke that morning at all; I had not spoken to him since he came to Whirinaki with thu Karawaa, from the dato of hi: arrival to the death of Nuku; but I saw him. My ■wife is ono of tho Harawa; she wont to take foo: between t'jo E-arwwa and Ngatikuri pas. When tho Harawa built their pa they did not prevent the tikuri women from goir.g to their plantations for food ; they did not stop tho Ngatikuri from getting their provisions by that rotd after Sunday. I did nol know that thov wore going to block up that road afior Sunday ;I heard nothing about it; I went uf tho road that morning, ar, far as from this Court to Mechanics' Hay. I did not speak to any of the Rarav.'a. 'JDho message from tho Harawa that f have moutionod was told to mo; 11wai Wireruu Tr.ni himself that camo to Ngatikuri with tho msßnage, and told me; on tho 23rd of March W. Tana said it Tho Ngatikuri pa wan built on tho 24th, and tho Harawa camo on tho 27th. I waa living in tho Ngatikuri pa, and Nuku was thero also. Ke-examined by Mr. 13rookfield : I do not remember Wi Tana's return after tho Karavra9 had built their pa. This concluded tho evidence for the prosecution.

Mr. MacCormick then roso to open tho case for tho defence. Ho said that it was his duty to placo beforo tho jury his caso on bohalf of tho prisoner, mill in doing bo ho would be compelled 10 call a number of witnesses. This he regretted, on account of tho protracted nature of tho case, but nevertheless it would bo nocessary for him to do so, since there could bo uojuetico'without a ,'ull statement of facts. Ho trusted ' that tho jury would give him tho same attention as thoy had afforded to the loarnod counsel for tho praeecution. The counsel for tho prosecution had, in opening his casp, put tho case bsforo them verv fairly ; but they must remombor that there wero always two sides to a ease, and his learned friend bad got his information from man of the Ngatikuri, whereas lie should r.ow give them a view from tho llarawa sido of tho question, and they would have to judgo from tho two statements, in which thoy would find that there would be much contradiction in vory ;naterißl facts. The facts would show, what was known doubtless to most of them, that tho Maoris wero living in a. very d'fferont stato of society to anything of the kind that thoy wero acquainted with, and utterly different to anything around them. Tho iucta of the ca«o seemed to bo these: —There was a piece of land at Whirinaki which wa3 in dispute between the two tribes of tho Ngatikuri and Karawa. He was not going to ask them to decido > tho question of tho rightful ownership of this land, but bo should show that the Barawa did everything iri their power to settle the dispute in an amicablo manner and by law, and it had been only through tho obstinacy and violence of the o'.her sido thai: the disputo had not been settled long ago. Ho should show that Isabella Hardiman had tried hor utmost to got the matter settled, and had endeavoured to get the land surveyed for that purpose, but that alio had been unable to got tho surveyors on tho land. Sho had been ud-vi-cd to do so by tho Judgo of the Native Lands Court, before she could put in lior claim to tho ground. The Rarawa, instead of being determined to keep this ground, had been willing to give part of it up, but all their endeavours had been in vain. Ho should show thatNuku and Tahnitini had boon active partisans of tha Ngatikuri sido, and the Ngatikuri could do nothing. Ho should show that about a week after tho last_ attempt to settlo the affair po&ceably, tho Ngatikuri had built a pa upon tho vory land in dispute. Ono of tlio witnesses for tho prosecution had sta'ed that fact, and also that ho considered it equivalent to a declaration of war. Tho pa had been built so as to command tho main road, and tho cultivations of the Rarawa people, so that it was only at tho peril of thoir lives that they could cultivate their own lands. It had been brought forward that the pa had been built for another purpose than tho provontion of tho people coming on thoir land, but the consequonce of it was to provoke them to an appeal to arms, and tho Ngatikuri had succeeded in doing so. Instaad cf tho Rarawa coming in a small body of forty, he ohould show that thoy camo in a strong body of moro than seventy, and that they dared not approach by tho ordinary route, because thoy had been told that they would be fired upon. They artived, howover, upon the ground. He should show them that Te Whake had no particular interest in tbo quarreli but came as any other man of tho Barawa would, to help hie friends. Tho Barawa having arrived upon tho ground began to fortify themselves, not on tho land in dispute, thoy would liavo boon under tho guns of the people in tho Ngatikuri pa. On tho Friday the Barawa began to build their pa, and on Saturday tha Ngatikuri began to fire in thoir direction. The witnesses for tho prosecution did not remember that fact, but ho should show that such was cho ease. On Saturday tho Karawa pa was nearly completed, and Sunday wa3, of courso, observed as a day of truco. On that day the Barawa received notice that ffuku had said thit if anv ofthoßarawacameonthedisputed land,and at tho tirno tho Ngatikuri knew that tho Barawa chief was coming to endeavour to settle tho dispute amicably, they -would be Bhot by those in tho Ngatikuri pa. Tho Barawa, in a council of war before all thepoiple of tho party, then considered that it would bo necessnry for them to stop the road leading between their pa ond tho river. This they considered was necessary merely as as a military precaution, and the object in view was reasonable. (His Honor here said that the learned counsel Bhould refrain from going too f <r into tho hy and whereforo of these acta. It would bo sufficion't to show that tho tribes wero at war, which ho supposed was tho learned counsel's object with a viow to offering some mitigation of the offence.) Sir MacOormick then proceeded to say that at nny rate the road was stopped up. Thoso witnossos who had said that thero was no fence across tho road had, ho would show, stated what was wilfully and palpably false. They could not have failed to seo it since it was erected tho very first thing on tho morning in question, and on that morning tho Barawas had also been {engaged in building part of their pa. He should show that Wata jPaiakn, came along tho road from the Ngati-1

kuri early in the morning nncl was tolcl to go b'-tck j and tell Uio Ngatikori that the ro:id wis fclookcd «;>. ! Vn exception hud been mailt,' i;i Uid favor, Ui-.Wt'-ror. lec mso of his connection with iVa-awa though lIS Wlffl rff! should pTOVO that [' Was k-iown n the Ngatikuri pp. that- tho roid had been blf kid ip, a--d tsi-CLV.Uy to £?nku. Thij he would ohov by ho r.vi.lcnc.o of neutral :r.en, -who had no concern syhi'eror -.vlth tho matter iu dispute. Tho deow'iod man .Nukti then, particularly, knowing of this act on tho part of ilia uarawa, wenr. up the forbidden road after reooivliii; , t warning, ;;ncl arrived r.t the house a rami who remonstrated with him on his conduct, that he a.'i'.in a second tiuiu, and a third time, each tini • !>ri:;l:in_; ,\own the fenco. On the fourth time of his atto.viptins; to through bravado otherwise, lw v«s shot. From the cvWenco, it would bo sd-oii that _ there was considerable doubt as to whether tho prisoner kilted him or not. Thero could be no doubt that he fired at hiin, bui, very grave doubt, as to whether he killed rum :>r not. \t any r.v.e, had it not been for tho acts of j-'ijatikuri then' would have b s-n. 110 fighting at uM and tho man wouhl not have kilted ; and riv :! :;atikuri were, Uvirefore, mostly iu blame for the l:unjncah!e consequences that cn.*':fv.!. The lanrr.t-d <rA\::z-l then proceeded to eii' hi* wipiosse?, and — ''can, beiri:j sw.irn, 0.-iposeil: I am of 'lie hapu Ngatikurcw;*, a. portion of tho tri'os. I have ho ir.l of this dispute about '"e iand. I claimed an interjsfc in the land ; I Nu\u ; I remember tho Hgttikuri building their pa, and t!ie coming of the Karnw.v i ho j\£»i!iktiri p-t was a fighting pa containing " twenty pair" oin-icn. 'L'hero w--re 1 ' seventy two pair " of mea of .the Raraw.i. '.'.'hcv wore all armed men 0:1 bjt>. side'. I w.iS tharo wirm '.ho dispute was ondofirourcd to bo settled. Tho principal people iu tho disiiulo on the .\'i;alikuri si-n were i-iuku a-'d Tahitioi. "eaee was mii.io but the- affair was not settled. T recollect Haugatira, i-tohi Tawhai, and Haw'niu going upon i.!i« g'ouml ; I was one side of the ground; the Ngatikuri p;i was then built. Th.Karawa pa was built a week after the Ngati:-:uri paI. do not know if any message was sent bv the Ngatikuri to tho Ka:awa. When the Barawa arrived they saw the pa. of the Ngatikuri built—they thirii saw it was a fighting pa—tho ''.araw.i then built their pi beinfinished on Sitnrduy. 0;i MjnJny I went to i.'ot forao posts to build a pa for myself. I b:\v Nuku going. That is ail I saw of him. [ saw him on the main ;-oad, which, runs between the pa and tho river. Tbis was the fust time of Miku's going ; that h all. I s iw r f .'Ttiku. The nvd bet ween tlio pa and the river wn; stopped by J'e WhaKo. I eaw it with iny own eyes To Whid;e was with the ! Harawa. I did not; go to the 'Urawn pa on the Monday. The road was barricaded by sticks. Two poles wv.ro pUcod and a long stick iva< tied across. The Ngatikuri people had heard of tho road being stopped. When the Karawa camo to their ground and built their pa, they gavo I'ne people a limited time to iboir provisions. here was a law of tho N gatikuri to shoot Te Tai if he «v'ent upon the hnd. I heard the --'gatikuri say it. Putu told mo Sho ia the wife of "Wsta Pai iki. STo one olso told me. I was outside tho K gatikuri oa. t ! heard p. conversation between Nuku and the othera of tho Ngaiikari. If they saw Te Tai on the boundary where they had'placed a peg they would thou present, or firo ail the 20 guns at him, in ordtr to kill him. This was on tho Friday. I was not in the Ngatikuri pa rn itouday, nor did I see Wata Paiaka 011 that day. ..'ross-oxumined by llr. Brookfield : the Xgatikuri first built their pa there were 20 men in it I do not know whether it was a double 20 or a single 20. "When the Kariwa came to build their pa there wero 72 " pairs " of men. I am sure of that. I did not count them. I heard of it from To Tai. I did not count the men in the Ngatikuri pa. It was from the time before when I was living with them that I judge of the number in the pa. There were 20 in the settlement. I will swear that they all went into tho pa. More men came to both pas after Nuku was shot. I was living at Whirinaki, as far from the Hgatikuri pa as the Club Bouse to I'arncil. I went from one sottlement to another settlement nearer Tahaitini's pa. Tho latter sottlement is about feet from Tahaitini's pa. lS T uku was inside tho pa when I heard him aud the others talking of shooting Te Tai. I heard it with my owrt ears. "1 he Hai awa had then arrived. The worda of Nuku were those, that if i'e Tai was seen coming to go to this post which had been determined upon as a boundary byTaruaho, thor would then fire, and all the 20 guns should be Crjd at Te Tai. Ho would have been shot whether ho had a gun or not. Zhe sun had risoa somo tirno when I wont 11:1 tho road to get soma posts. I went another road, and then joined the main road again. I did not pass the pa on tho main road. 1 joined tho main road further up, between Hawhiri's house and the pa. I was going from my own settlement r.t Whirinaki, near the ya. (Witness then explained his route on tho plan.) I set out f- om tho Is'gatikairuwa pa and went straight to ?Tuku's house. I then went along the main road towards xtawhiri's house to get the posts. It was (here I saw Isuku. Tho distance from tho Kar&wr. pa where I came on to the road i 3 as far as from bore to the Barracks. I was no nearer tho Earawa pa on that day than on that occasion. I saw the barricado across thu road. On my return, carrying back posts, I saw tho fence. I came down the same road. My reasons for stating that the Kgaiiljuri had heard of tho road beiug stopped ore because it was told to W.-ita Paiak-!, as it was told to mo by JSgakuku. This was before Nuku's death or. Monday. I was between tho Rarawa and tho Keatikairowa pa, on the path, when Ngakultu told me. Tho person who conveyed tho words to Nuku wjs Paiaka ; I saw men blook up the road ; on Monday before breakfast I saw men put np the fence. I cannot tell their names. I cannot recollect what I stated before. The questiors confuse me. By the Jury: Tho Karawa told Te Whake to stop the road. I heard the Barawa tell Te Whako. (At the request of Mr. Hector, Mr. Hamlin proceeded to repeat the question as to whether witness heard the Jiarawas tell To Whake to stop the road. The witness seemed much confused, as, indeed, he had been throughout the wholo examination, and bis replies were given in a nervous and confused manner.) By Mr. MacCormick: Nuku y?as making a speech in the pa when he used tho words with regard to tho shooting of Te Tai. Tho Court then adjourned for half an hour, and at the expiration of that time— To Tai Papahia, being sworn, deposed: I am a chief of the Rarawa, and know about the dispute ; it ■was about land. About the 20th March I was living at my settlement of Wflihou, Hokianga. I remember going to Whirinaki on the 27th March. I camo as a friond with othera of tho Earawa. I came on account of a fight of Tahuitini's and Kuku. 'i'ahaitini was on ono side, and Hono on the other ; about a piece of land situate at Whirinaki. I heard of something that caused mo to come frcm my settlement to Whirinaki. Tho words which I heard were—there was a pieco of land to ho taken possession of by Tahaitini and Nuku. There wore 72 "singla" of tho Barawa who camo. 10 Whako came with us; he had no personal quarrel with Tahaitini or Kuku; he came as the rest. Wo met somo of the Ngatikuri on tho road. We saw Wata Paiaka, tho husband of To Putu. Wo had no conversation with him. When wo came to Whirinaki ■we caw four. The pa was upon the piece of land in dispute, and it was a lighting pa belonging to Tahaitini andrfuku. Upon our arrival weimmcdiatoly built a pa (witnesß identified the position of the Barawa pa on the plan) ; I know Ihipera Hardiman and her cultivations. The Ngatikuri pa web built to protect that land. It would not do for any of Hardiman's people to go there. Ihipera cams to my settlement to tell me about tlio Ngatikuri taking her piece of land away. Sho was constantly there (at Wathou), us our settlements ero very near one another. Tho Ngatikuri had ceased to interfere with tho P.arawas whilst they wero building their pa, as thoy had become wary. There was firing from the Ngatikuri whilst tho Karawas wero building their pa, and the balls passed over our pa. I judge that the balls wero intended for us, since thero waa plenty of scopo of ground for tbem to firo iu another direction. Coining from the Ngatikuri pa tho balls passed ovor onr pa a long way. We spoko to the Ngatikuri that they should ceaso carrying food after two days. The Earawa came on tho 27th March — on Friday. The Ngatikuri were to get their food a littlo on one sido of the Earawa pa. Tho road along I which thoy had to go was at the end of our pa, and tho river was at ono side. On the 2Sth March wo I stopped them getting their food. Tho Ngatikuii women were allowed to go for food. On Sunday we remained quiet and held service. _ The road was ' blocked ud by tho seventy-one, I being their chief, I giving the order. It was blocked by a fence from my pa down to the stream, which was put up on Monday. A Ngatikuri man named Paiaka came to the Karawa pa° I then said " return to your pa and tell your people not to come on tho road which is blocked up from this day." I remember Molii Tawhai aud others coming to my pa oa Monday

morning. It was on Sunday evening "when X gave onierj for the road to bo stopped. Peace had not u . established when Mohi iawhaicamo. I Baw .'lohi Tawhai ii\ my house on Monday morning with lv'.;!v:i?n t, Hori Riwhi, and others. I do not know whether Hori camo v/itli ifohi or not, as ho has two sfcttlcuient?, one insida and ono outside. Hori Riwhi was standing just outside the door o£ the house, which was situated at one end of the pa, furthest from the river. Mohi Tawhai came to see me and i.p.iriinni. I to him, " come, O friend, in connection with the boasting works of Tahaitini; but listen, this is the work of Tahaitini, tho talcing wrongfully of some one else' land." That is all X said. j.i.ohi then said to m your word is correct, these aio my words to Tahaitini—is it for you, a slave, to bo the (vinse of de'ith of another person, for you to fight against the chiefs ; is it for the son of a chief t 0 order war." That is all filohv then said. We afterwards bdo'ko on various subjects. I do not know whether JYlohi made a proposition to settle the dispute. Mohi th,'n said to J. Knrdiman that ho Mid Tathaitini should go on the land and dit>cuss tho matter. None of us knew til? mo '.ni'.ig of these worde. If he hud u-;ed tho word " korero" we should have known what ho meant. Te Whake was not in the whare when these words wcr-. said. If To Whake had been in the house, and pnohen, I should havo heard him. Some of the youn* menwere present, and amongsk them John Hurdiman. T heard some shots fired after speaking with Mohi. We wero sitting in our house and wondered whero the sounds came from, and when the sound became confused, it sounded as if it cama from the other end of tho pa. I heard two shots of tho first, nnd then all the reports. Nothing took place, and we remained quiet. Mohi and tho others rose and we.it.. X state what t-Uo Ngatikuri would understand from the road being blocked up. Ihe side of tho Tarawa pa next the river was do. fended by armed men to protect the pa, and be in readiness for an enemy. Before I gave tho order for the road to be blocked up, [ had not been warned by the Ngatikuri not to go upon their land, but I htvird about thoir words to shoot me. The wife of Paiuka brought tho word. I heard it on the Sunday evo>iing._ I remember Mr. "Williams coming to ask lor ! o Vv hake to be given up. Mr. Willia°ms said, "Take Te Whake to Sawera (tho European settlement, where the Court House Btands), and there investigate the case. '.'he Foreman of the Jury here 7oss and said that the rusted that the learned counsel would not proJong tho case unnecessarily by asking questions of the witnesses th.-.t were not material to the case. Ono of the jurymen had received intelligence that his wife was lying in a very precarious state, and was not expected to live, and of course it was a very trying tiring for him to have to sit in Court at such a time. On tho part of the jury, and particularly with the cireumstnuces he hud alluded to in view, ha hoped they would be a3 brief as possible. M r. MacOormick said that the responsibility of tr.e case that was in his hands was very greit, ami he did not think that he had gone more minutely into tho evidence than was necessary. It was a matter of life and death, and he had examined tha witness To Tai at great length, since lie was the principal man of the tribe and tho most important witness in most rcspects. The last witness had bean rather tedious, but the man was evidently nervous and confused, and it had been very difficult to get the facts out of him. The jury must also be aware that thero was also a great difficulty in getting facts out of Maoris. He certainly did not wish to prolong the case in any unnecessary manner. His Honor said that certainly the case mentioned by tho foreman of tho jury was an extremely distressing one, but that the case was not like a civil case, and he could not possibly throw it over to reliove ; the juryman in question. He hoped for the sake of that gentleman, that it would not last very much i longer. Afr. MacCormick said that he had not much more evidence to briog forward, and ho should bo as brief ns possible. ; Cross-examined by Mr. Brookfield: I recollect r.uK-u being shot. 1 huve not heard who shot him. , To Whake has not told me he shot him. I cave him up to Mr. Williams 0;i account of his insisting on it, since all meD said it was 'Xe Whake. On giving up -0 Whake to Mr. Barstow and Mr. Williams, I did not s'iy he was a " tutu," a troublesome fellow. If Mr. Barstow an r ) Mr. Williams say that I said so, I say I did not. I do not know of any of his faults that I should say so. I. never said so at any time to either of those gentlemen. I am no relative of tho prisoner. He haa other relations. To Whake is married to a very distant relative of mine.. The land in dispute aud other portions is mine. The reason of my goinj to Whirinaki was my land being taken away. I aid not go to take it from the Ngatikuri, but to hold it, as it bolongod to my ancestors and is mine. We went armed and in such numbers to fighc for that lano.. I had sent messengers to the Ngatikuri the day before, and on the day we arrived, that I was coming thera to remain upon a pieoe of land. Eairiri and others came to Waihou and I sent this message by them, "Friend go to Ngatikuri." Rawhir: answered that tho Ngatikuri would shoot his people. I then said, whether they threaten to Bnoot or not we had better go. I said " it rests with him, his words about shooting." When we got to Whirinaki, that portion of the ground (shown to witness on the plau) was allowed to belong to Hardiman. Ihipera had her food there and resided on the land. A man named Martin lived there also, married to a Rarawa woman. After Tahaitini and his party built his pa, Martiu and his wife becamo afraid, and ran away. Before IJefc Waihou I told my party that went with mo that l was going to fight the Ngatikuri, bc-caußo of tho words of Tahaitini. When the Ngatikuri fired gun 3 when wo were building!our pa J considered it a challenge for us to rise and fight. At tho time that Mohi Tawhai came to my house on Monday morning, Te Wh.'iko was at our pa working. He was putting the fence up across tho road. He was not in my house when they came. I heard two guns the first time, and immediately afterwards many rumblings of guns. Mohi had left tho house when I heard the second set of reports. Wi Tana was with us tho first day. He went on Saturday to 600 Tamaho. He did not give orders that there should bo no firing until his return. lie-examined by Mr. MacCormick: Shortly after the first iwo reports Mohi left. Te Whake is a very correct man, and I have not known any fault with him. I do not know that he is evil disposed towards anyone. The message to the Ngatikuri was sent after they had built their pa. We did not make any preparations, or have any thoughts of fighting before the Ngatikuri pa was built. Eawiri being sworn, deposed : I livo at Whirinaki, and am a native assessor of the Ngatituapango tribo. I was the spokesman in the dispute about the land, and tried to adjust the quarrel. I did not fight on either side. I remember the last attempt to settle She disputo peaceably, whon Hangatira nnd I went on to the land. That was after the pa of the Ngatikuri was built, and before that of the Barawas was built. I knew Nuku, and remember tho day of his death,the 30thMarch. Isawhimthatdayatmyhouse, He came from tho pa of the Ngatikuri, up the road between tho Kawara pa and the river. I had a conversation with him about his coming that way— " Know you that th*.t is a law for you," meaning the barricading of the road. The reaßon of .Nuku's going, was to get food for them. He wished to go on this road to take his cattle out to drag food dora. I said, " Go another road." He said he would not; he would go that way. I then said, "You must go down by the water." Ho then consented to go that •say by the water. He then turned. That is that passed between us. I referred to tho law relative to the barricading of the road by th 9 Eawara. Nuku did know thr.t the road was stopped. Ngakuku, being sworn, deposed—l reside at i> roata, Hokianga, and remember the death of J*"* o, I was at tho Barawn p i at tho time. The road bstweon tho pa anj the river had been stopped up etfly on Monday morning, by a fence. The fence was. 0 ' small sticks tied with flax. It was by the diction of the three chiefs and the rest of the men that we road was stopped. I know Paiaka, and saw bim on the road that morning. He was going to hu pwwtions, but he did not go through tho fence tnftt w erected. Ha turned from there to tell Nuku aud • ha iiini not to como along the high road. Nbona been along tho road before on that morningWhake was there when Paiaka came but he did speak to him. I spoke to Wata Paiaka, I s ®'"' t and return to Nuku and Tahaitini and tell them to come on this rocd, as we have passed a law iu they are not to come;" on the 26tb e .( ini ceived certain intelligence from Nuku and Ikj»a that wo wore not to go to Whirinaki, for if ; there we should be shot. I heard this frjm Bawm and others. After Wata had been warned back t Earawa put a guard at the place whero fence was; not long after this Nuku came wo told him to return, warning him times, to which he (Nuku) would not lutonthen broke down the fenco and forced himself thro » it. To Whake wus thoro from the momwg to w

fimft I speak of. Nuku passed on. I saw him again going towards "the settlement of Rawiri. He came l)3ck from that place. On the aeeoad time of returning he passed by the pa and broke down the fence. I spoke to him not to come. I was one of those there on guard. I saw Nuku again whan he was goirg up towards Rawiri's, having passed the fence again. He was again told not to pass. He continued along the road. I saw him once' more: he was returning from Kawiri's settlement, and was warned again— " Bemain, you are not to come this way." After his return the fourth time we hoisted a flag, as he would not listen to our word. Nuku was about the same distance the Bench in this Court is to the outside fence when the flag was hoisted. He heard our words, and must have seen the flag, as it was right on the road. It was a red flag—a red handkerchief. The hoisting of a red flag is a sign of fighting, and of warning away. It may have other meanings, but I do not know. To Whake was there from the time Nuku was first warned until the flag was hoisted. NukuHhen broke the law and guns were fired. They were fired from one end of the pa. After the first report Nuku walked off, after the second report ho fell. After that there were a nunrber of guns fired. There Were only two reports at first. Yery shortly after the reports of the first two, there were sevoral reports. I have never heard of auy personal quarrel tetween To Whake and Nuku. Cross-examined by Mr. Brookfield : I do not know who fired the first shot. It was one of the 72 men in tho pa. I did not count how many men guarded the point. If they were all gathered together I should know their names. Te Whake was at tho pa on the opposite side from tho river. There were rifle pits where Te Wbako was. I was about the same place, near the corner, about aa for fromTe Vfhake as from v. here I stand to the door. To Whake had a gun, and I saw all the men fire, but I cannot state that Isaw Te Whake fire. Thefirsttwo reports carno from the side where th 3 prisoner was standing. There were a number of men standing near To Whake. I did not count them and cannot state how many. They were all in the rifle pits. I have had no conversation with Te Whake since Nuku was shot. Ke-examined by Mr. MacOormick : Both the shots came from a rifle pit jnsfc at the corner. The shots were not fired from one gun but from two ; there was not a long pause between the first and second reports. Buka, being sworn, deposed: I reside at Hokianga and remember coming to Whirinaki on the 27th March, with tie Viarawa party. I assisted in building their pa. There was firing from the Ngatikuri on Saturday evening:; balls having passed over our pa, we thought they were firing at us. I remember tho stopping of the road near.the Rarawa pa. It was ordered to bo stopped by the tlires chiefs of whom Te Tai was principal man. It wan stopped early on Monday morning. I saw Wata Paiaka on Monday morning. It was before the sun was very high. The road had been then stopped by a fence. When Wata came up we were erecting the fence, and we told him not tn come that road. To Whake was there then. Wata Paiaka was told not to return, that men must cease coming there. They returned to the Ngatikuri pa. After Wata Paiaka's return Nuku came. He was warned back again. Nuku came again. We told him to return, tie did not listen. He still persisted. He went further inland and he returned again. We then told him to go hack. He would not listen, but passed through that place again going to his farm and turning again. We then said to him, " return or you will be shot this day." He still persisted. He went inland again, not listening to the warning, going to Kawiri's settlement, from whence he returned. Nuku then came round a bend in the road. I then hoisted a color as a warning to him to return. Upon his nearing the pa we told him again to return. He would not listen. He was then shot. First one report, and then a second, after that tha whole of the guns of the pa were fired. Tt was not a minute after the first two shots that all were fired. The two shots were not fired by the same gun. There were more than thirty armed men on that 6ide of the pa. Ido not know of any ground of personal quarrel between the prisoner and Nuku. Cross-examined by Mr. Brookfield: Ido know who fired the first shot. It was Heremia (Te Whake) who fired the firßi shot. The second was fired by some of the men inside the pa. It was not fired by the prisoner. He only fired one shot. The interval of time between Nuku's going up to Rawiri's house and returning was about half-an-h"ur, and between that time and his return on the third time, not very long, about half-an-hour. On the fourth time quite half an hour had elapsed. During that time some of the men were standing, some were woxking, and some wero with their guns. It was Tarona and Te Whake who warned Nuku. On his second time of coming Popata and Taranga warned him. Te Whake was there but did not apeak the second time. The same two men warned him up to the time of his death. The prisoner was inside tho pa until Nuku's death. He was sent in Te Tai's house. The guns were fired on the Saturday by way of challenge. * By Air. MaoCormick: Xaku could not see armed men in the pa as he came along the road, because they were hidden by the flax, tie did not see guns in the hands of the men who warned him. It waß only on the last time of his coming when he was shot that the people who warned him had gunß in their hands. Hoterene, being sworn, deposed—l remember being at the Itarawa pa on the 29th March, and the stopping up the road. It "was stopped with sticks, by placing two in the ground and tying four rails across. I know Wata Paiaka, and remember seeing him on the road that morning. He came along the road, but did not pass the pi, as we were making tho fence. We said " this is a law of ours, our enemies are not to come here." Wata returned saying that he was going to tell the people in the Ngatikuri pa. I then saw Nuku coming, he had not reached the barricade when ho was told to return, as it wad f. law of Ours; Te Whiike was there then. Nuku returned again and broke down the fence passing through. He returned four times breaking down the fence three times ; upon his coming the fourth time he was shot. ■ tie was warned each time, telling him not to come. When we first saw him returning the fourth time we hoisted a color. When lie returned the fourth there were armed men at that Bide of the pa. Te Whake was there in the pa, on the side nearest the river. He did not leave that side. When Nuku was shot there were two guns fired ; not a minute had elapsed before all (he guns were fired. The shots were fired by two differ ent men. The armed men were then guarding their pa. Cross examined by Mr. Brookfield: Somo men inside the pa fired the guns. The first was fired by Te Whake, tut the man was not killed ; he walked, ofi. Piro Patene fired the second shot, he ia a relation of Te Whake—his younger brother. They were standing together, being about twelve feet apart in the same riflo pit. It was the second shot killed Nnku. Nuku walked two steps after the first shot before he was struck by the second. The other shots were fired into the fern. We all warned Nuku; Te Whake spoke the first time, Ngakuku on the second occasion. I told him the third time. The flag was hoisted on the fourth time before the warning was given. By Mr. MacCormick: Te Whake was standin o the side of the pa closest to the road. By the Court: When wo warned Nuku I do not know whether ho saw us or not. lam quite certain that Nuku heard us. At this stage of the proceedings (6.30 p.m.) the Court adjourned until 10 o'clock the following morning, the jury being removed in charge of a Builifl to the Auckland Hotel.