LAW AND POLICE.

New Zealand Herald, Volume XVIII, Issue 6053, 12 April 1881, Page 6

LAW AND POLICE.

SUPREME COURT.—Circuit Sittings. Mondat, 11th April, ISBX. [Before Mr. Justice Richmond and t» Common Jury.] His Honor took his seat on the Bench at 10 a.m. THE TE AROHA MURDER. John Procoffl, a native of Odessa, was arraigned upon an indictment charging him with the wilful murder of Himiora Hira, an aboriginal native, on the night of the 10th of February, at Te Aroha, Upper Thames. The following jury panel was sworn :— Thomas Harkiss, Laurence Tattersall, E. B. Hallam, James Barney, John Cornish, James Hogan, William Smith, Isaac Smith, Richard Limas, F. B. Mclndoe, E. Meteyard, and Robert McDonald. Mr. Brookfield and Mr. Tiieo. Cooper appeared for the Crown ; Mr. Nathaniel Brassey defended the prisoner. The prisoner is a Russian, a native of Odessa, and when challenged to plead to the indictment, he made no answer, but eagerly looked round the Court as if for the interpreter who had been engaged. But the interpreter who was expected to attend was not present. His Honor addressed the prisoner, and enquired whether he did not understand some English, but the prisoner only replied The police repeated the question put by the learned Judge, and reported to the Court that the prisoner understood a little English. Mr. Brookfield said that he had sent for another interpreter. As the evidence was so long and circumstantial, the case being a most important one, it was desirable that the interpreters should check each other as well as relievo each other. The prisoner is a very young man, of powerful build, and apparently very illiterate. He is rather good-looking than otherwise, but he is short-sighted, and the efforts to discern other faces at a distance distorts his features. His eyes are deep sunk, the brows are prominent, and well defined; the forehead is square, but narrowing upwards; the cheek-bones are high and the lower part of the face square, the jaw being heavy and solid-looking, indicating great determina-, tion. The mouth and chin are covered with a short beard of darker shade than the hair, which is light brown. Mark Nestorkoof presented himself as an interpreter, and, after some examination by tho Court, was sworn. This interpreter is a native of .Russia (Odessa), speaking English, and a seaman. . Thomas Pudan al»o presented himself as interpreter. He is an Englishman, speaking Russian, which he could speak, having resided in Russia (St. Petersburg) for fourteen years. He had already interpreted the proceedings at the preliminary inquiry. This interpreter was also sworn. There are twenty-six witnesses to be examined in the case, but the effect of their evidence, and the general circumstantial complexion of the case will be best and most easily gathered from the opening of the Crown Prosecutor. Plans of the locus in quo were handed in by Mr. Brookfield, as illustrating his statement, and to be proved in evidence as tho investigation should proceed.

Mr. Brookfield said that in laying the case before the jury he felt a deep sense o£ responsibility, for the evidence was entirely circumstantial, and no eye had seen the act committed with which the prisoner stood charged. But circumstances could not be altered although the deductions from them might not be correct. (The learned counsel pointed out the bearings of the several places where the prisoner was seen about the time of the murder.) That a horrible murder had been committed the evidence would leave no doubt whatever. The question for the jury was whether the man at the bar was the criminal. The body of the murdered man. was found on the morning of the 11th of February, the throat was cut so completely that the windpipe was severed and the backbone was laid bare. The body was completely drained of blood, and the ground was saturated all round where the body lay. There were severe bruises on the wrists and arms ; there were similar bruises on the face and temple. These bruises were inflicted before the wound was made which drained the body of blood. The wound in the throat was jagged as if the instrument with which-it had been made had been several times thrust in. The body was lying I oh the back, the head slightly inclined to the left; left arm extended beside the body, the right arm lay across the chest; the left leg was stretched out, and the right leg slightly bent at the knee, and crossing the left. A stone was near the body with which the bruises had probably been made. The victim of this crime had divested himself of his co-it and hat, which lay at a little distance. All the appearances indicated that he had been murdered. It was necessary to go back to the 9th of February, the date of the Te Aroha races. The prisoner was there. i He had wrestled with several persons, native and European, that day, and with the Maori, whose body was two days afterwards found in this state. The prisoner threw several of his adversaries, but this Maori threw him. The prisoner said to the Maori, "If we played ' ■with' knives, you would not have done it." All the next day there was evidently bad blood springing up between the prisoner and the man now deceased. Prisoner told him that he . would cut his ; I>—-— throat, and the prisoner persisted in following the Maori about the whole day of the 10th. The Maori said to prisoner several times, " Don't bother me; do you want to quarrel with me ? I don't want to have anything to do with you." This state of things continued up to half-past 10 o'clock at night on the night of the 10th of February, when the two men were seen together. Half-an-hour afterwards a "yell " was heard in three different places, each distant about 850 yards from the place where the body was found, and the witnesses would state that the sounds came from that direction. It was plain that whatever was the nature of "the crime and whoever perpetrated it, it was committed at that time. The next morning the body was found as described. Suspicion fell on the prisoner. His face was bruised, and marks were found on his clothes. He said he was drunk the night beiore, but he was not drunk, and the marks on his clothes turned out to be stains of blood. The prisoner lived in a hut with a man named Moore, who would say that, having got up during the night, and gone out of the hut, Procoffi was not there. Shortly afterwards, Procoffi was washing some things, which he hung over the ridge-pole of the hut to dry. The Maori had three rings—one of silver, one of brass, and one of another metal. These were found in a purse which was traced to the prisoner's possession. The marks on the prisoner's clothes had been tested by every test known to science, and the medical testimony would go to show that these marks were marks of blood. Two days afterwards it was found that his boots were stained, and they were taken away to be tested. After they were taken, not before, the prisoner said his nose had been bleeding. Mr. T. G. Santles, surveyor, was called to prove the plans which were put in. Sergeant Mulville proved the finding of the body in the state described. The prisoner's face was bruised. Prisoner said he had been drunk. Witness asked him how he required to wash his clothes during the night. The prisoner said his clothes were wet from the dew. Sergeant Mulville was cross-examined by Mr. Brassey at considerable length. Witness was cross-examined as to his cautioning

the prisoner and the answers given by the prisoner, and how he remembered so many things now which were omitted from his evidence at the Thames. His answer was that he was not asked. . Mr. Broobfield pointed out that according to the depositions, all this was brought out in evidence in the Court below. He had given full evidence at the inquest. Witness was questioned as to the sores on the back of the prisoner's hands when he was arrested, and said some were old and some new. He was examined as to the evidence given at the inquest. He searched the raupo and whare while the inquest was going on, .but not very minutely; but prior to his search he knew nothing of John Moore saying he beard fumbling about that whare. He had seen deceased once. He could not say that he was a more muscular man than prisoner. There had been a good deal of drinking in the township that night after the races. Prisoner spoke to witness at the tent about releasing Smallman from custody, not about releasing Smallman's horse. He was then by himself. He came again a second time. Witness thought he was sober. Witness directed Constable Hogan to put him away, thinking that he was becoming a nuisance. Re-examined : When prisoner came to bail out Smallman lie spoke in English, and understood witness. Nicholas Cleary, constable, stationed at Te Aroha, gave evidence generally corroborative of that given by the previous witness. He identified Procoffi's hut on the plan in evidence. On making a search he found clothes hanging on the frame-work of the hut—a. dungaree coat and trousers, and checked shirt. They were then wet all over. This was about half past eight in the morning. He examined them, and saw stains which he took to be blood on the trousers and coat or jumper. He produced the articles. The stains of blood seemed to be most on the trousers, on the front, from the hip to the knee on the right leg. The jumper was. stained on the back. _ There were also stains on the front of the jumper. A piece was cut out from the trousers leg by the medical gentleman. Witness went to the Sunbeam claim, beyond the Hot Springs reserve, and found the prisoner there. He was sitting outside the drive. Witness charged hiin with murdering the Maori, and he said he knew nothing about it. He answered in English, and muttered sometiling which witness did not understand, and witness cautioned him. He made no statement. Witness searched him and found the pocket-knife and a piece of quartz produced. The piece of quartz was a very small sample. Prisoner hung his head down. Witness examined the knife and noticed on the inside of the handle what he thought to be congealed blood. The blade of the knife was moderately sharp. Prisoner had a black eye, the bridge of his nose was bruised, he was scratched in front and at the back of his- ears, and on the forehead. He saw prisoner at 5 minutes past 10 on the previous night in Whitaker-street, opposite the British Hotel. He had none of these bruises then. Had he had them witness must, he believed, have seen them. About 9 o'clock he saw deceased and prisoner. There was then some dispute about Smallman's horse, which a man named Catran was riding about. Witness got it for the deceased, who rode it away. Himiona was i with prisoner at 5 minutes past 10. There was then a dispute between them as to which should go back to Smallman's for the horse, and they went in the direction of Paeroa road. Prisoner, at the time of his arrest, was dressed in clothes similar to those produced. He was not drunk, but appeared to have been drinking. Cross-examined: He searched the whare after he got the clothes (produced). He searched the floor, and pulled two bags from the inside of the roof, but did not search the whole of it. The roof came right down to the grouud. Witness was cross-examined as to the evidence given at the inquest by John Moore, and heard him say sometning of tke prisoner fumbling in the raupo, but witness made no search in consequence, as he attached no importance to it. Witness detailed the particulars of the conversation which took place between prisoner and deceased as to going for Smallman's horse. He was also examined as to a conversation with the Brothers Catran. He would not' swear chat tl\e clething produced was the clothing worn by the prisoner on the night previous to his arrest. Witness was cross-examined at great length on his depositions before the Police Magistrate at the Thames, but nothing of importance was elicited. He was re-examined by Mr. Broekfield. Carl Jortzen Rasmussen, a miner, examined by Mr. Cooper, deposed that he lived close to the prisoner's whare, and he often saw him. He always saw him in a dungaree jumper and pants. He had two different suits of the same material—one was a faded old suit and the other nearly new.' He saw prisoner the night' previous to the body being found in the township at various hours up to 9 o'clock in the evening, and he then had the new suit on. He could not recognise the clothes before the Court as the new suit. They are pretty faded now, and he could not identify them. The old suit (produced) was like what the prisoner wore going to work. When he observed the prisoner on the evening saw no stains on his clothes, and next morning when he saw him in custody he had the old suit on. When witness saw him in tlie evening he was not drunk, but might have been drinking. Cross-examined :He could not swear to either of the suits before the Court, but they were similar to those usually worn by the prisoner. William Hyth, examined by Mr. Cooper, said he lived in Te Aroha in February, and recollected on the morning of the 11th hearing of the Maori being found dead. On the previous evening he saw the prisoner at about a quarter past 10 o'clock in O'Halloran's Hotel. He was then dressed in a dungaree suit, and the socks turned over the trousers. There were some Maoris with him. Witness did not know Himiona, and did not see his dead body. Witness left the hotel at that time, and went to his brother's place, about 600 or 700 yards away, and went from there to his tent just at the back of his brother's house, and went to bed about a quarter to 11 o'clock. After he had been in bed some 15 or 20 minutes, he heard a strange noise. He thought from the noise that some one was getting hammered and wanted help, but about that time Maoris were always fighting along that road, and the noise was apparenely a Maori's voice. Witness went outside iiis tent, but heard nothing further, so he went back to bed again. The sound proceeded from the direction of the spot where the body was found. It was 360 paces from his tent. The Court then adjourned at 6 o'clock until 10 o'clock on Tuesday morning.