AUCKLAND SUPREME COURT.

New Zealand Herald, Volume XLIII, Issue 13191, 31 May 1906, Page 6

AUCKLAND SUPREME COURT.

CHARGE AGAINST MAOEIS. EXTRAORDINARY CONFLICT 0* EVIDENCE. SUGGESTION BY JUDGE EDWARDS. The criminal sittings oi the Supreme Court lir t-Ir-t, Auckland district were continued yesterday before His Honor Mr. Justice Edwards-. The case against Tah« Wi Hongi. .i Maori youth, charged "with, having committed a. criminal assault on a Maori girl at Kaikohe. on April 2, and that against Tirahu Wi Honiara, another Maori, charged with aiding and abetting in the offence, was proceeded with. Mi. J. R. Reed appeared for the defence. Last week, during the &> ss-examination of the gir' alleged to have been assaulted,--she denied that she had got off her horse, and had gone away with another Maori before, she and hei sister met the party..to which the. prisoners wore attached, or luat she uttered in Maori words equivalent to "Let me go." His Honor then said that no such questions had been asked in the lower Court, and there Mas apparently a. conspiracy somewhere. He ordered an inquiry to be made. On resuming yesterday, Mr. Tole. announced that, he had secured the attendance of the mer against whom the. allegation of meeting' the girls had been made, and they would be called to give evidence. The cross-examination of*the principal witness, a. MUori girl, 15 years and seven months of age, was then proceeded with. She denied meeting two Maoris on the road cijf-.iw 'v.; tKs over's;: o: —~ - 2, Ar *■•?&! they had 1 di.-.,-...'■■• ■ tund :,<v- \ ame v'i«- '<: .-<> v i'i;i AiiJ'.'-St. fc'i.c. ; .._..;;-. j> ', \ji<t .'.'.aieiikrnt t]i? llonci sistult«d Ik-.?, andfc''»t Hemara ~,t.d to hold her iter to t »> cut he. rendering assistance. IV. Buckley, of Kaikohe, deposed that he mined the girl the day Mt-r the *J. ieged offence, Up, described* her condition. He found no marks of violence on her. The other girl gave, corroborative evidence to that of her sister, and added that, some of the natives suggested they should interfere, with her. The mother of the girl also gave evidence She said Hongi went to tier house, and asked to shake bands with the girl, saying ho knew ho would .be convicted. The arresting constable also gave evidence. Mr. Tole (Crown Prosecutor) said lie did not know whether he should call the men above referred to at that stage, or allow the defence to call them. > ' His Honor said they could be called in rebuttal it Mr. Tole wished, and this was agreed to. Mr. Reed, in opening the case for the' defence, said this was one of the most extraordinary cases that had come before" the Court for some time. "It is quite, plain there is a conspiracy somewhere, either on', the pari of the prosecution, or the witnessee for the defence," declared Mr. Reed.- He would call evidence to show that in the earlier part of the evening of April 2 the two girls, one of whom was alleged to have been assaulted,' met on the road a Maori named Hui, who was driving a wactron. Tim „,.,„„„„ ,i,,.j

V T«i a .a, waggon. j.no waggon iliad broken down, and arother man named Haniurana, had ridden up and spoken, to Hui,. when the girls came along. Hamurana would tell then: that alter some conversation there was «. sort ■of flirtation between the giri assaulted and Hui. Hui and'-. the girl went down the road. Another -.native named' Ngatote would, state that lie rode along" i lie road and passed. Hui and the girl, who were - struggling in a friendly sort of way, while the girt was heard to say in Maori, "Let mo go." Two witnesses would also sweartie girl was standing on • the ground ibr the waggon, with her horse, when they passed. There was' extraordinary-con- ' flict of testimony. The position was that the evidence for the defence would .show that the. girl and Hui went away together, while (be girl denied this and <mid neither she nor lier sister stopped before they met''' the party with which prisoners were. Mr Reed suggested that there was a proba- '■■ bility that the natives might gire false evi- ' dence to get a trip from the country to a large centre such as Auckland, and. get .. paid for about 14 days' stay in Auckland Mr. Tole said he did not think 'there • was any ground for such a statement to be made. . .:. -. - " ..-, His Hon*,-:- The jury can attach' what ' importance they :Untie ft to the surge*- ' Uon. There is as yet no foundation for' j ; .;;i( a statement. ... • M '"' -£, eed: 1 l )Ut t,mt suggestion to the ■ jury, these' Maoris come from . the country where the value of an oath is not very » yreat, and they come her* with the inducement, of all expenses paid.'and * trip. The best thing would be if these sort of cases, especially when Maoris'are concern-/ cd, could be tried on the. spot -where th* ' offence occurred. His Honor: Tho best tribunal that ■ could deal with these cases would be. a Maori committee. Such a committee ' would know quite veil which party, waft lying and which w^speifcin^truly, and would-be in every way better fitted to deal with the matter." ' , ' Mr. Tolp; Mr P«~! i,„. ~.:j ..,l. _ '

; -ur ; toie: Mr. Reed has said . nothing about the witnesses for, the defence. They have no interest or inducement, J suppose, to come here and swear falsely. • Mr. Peer' said it was very 'difficult for a. jury- to know which to believe in such cases. Owing to the seriousness of the of- ' fence, such cases'had to lie regarded with - a very great, amount of caution. ,In 'case of any doubt prisoners should alwavs re- • ceive the benefit of it. ' " The prisoner Hongi gave evidence g«i - nerally denying the charge. The Court then adjourned till this morning.